Chapter 23Free sample

Tribal Nations

Each Nation’s law in that Nation’s form: codes, courts, treaties, federal Indian law.

A Tribal Nation’s constitution, code, court rules and court opinions are the law of a sovereign. Cite them as that Nation’s law, not as state, federal or foreign law. Here “Nation” means any Tribe, whatever word its own name uses. So every Tribal citation starts with one question: which Nation, and has it said how its law is cited? Below, a Navajo Nation Supreme Court opinion in the form that court fixed by order in 2004, and a section of the Mashantucket Pequot Tribal Laws in the form the Nation’s own code prints.

A Tribal supreme court opinion, in the form the Nation’s court prescribes

Fort Defiance Hous. Corp. v. Lowe, 8 Nav. R. 463, 473 (Nav. Sup. Ct. 2004).

1 case name: first party on each side; Table D words shortened, never a Nation’s name
2 volume, Nav. R., first page
3 pinpoint page
4 the court abbreviation the Nation’s order fixes
5 year decided

A Tribal code section, in the form the Nation’s own code prints

1 M.P.T.L. ch. 1 § 2(b).

6 title number
7 the Nation’s own code abbreviation
8 chapter, with no comma after it
9 section sign, one space, number
10 subdivision: printed “b.”, cited “(b)”