Paul Spruhan (Navajo DOJ) has posted his chapter, “The Meaning of Due Process in the Navajo Nation.” This is a chapter from “The Indian Civil Rights Act at Forty.”
Here is the abstract:
The article is a contribution to the Indian Civil Rights Act at Forty, and describes the Navajo Nation’s approach to the concept of due process under the Indian Civil Rights Act and the Navajo Bill of Rights. It traces the evolution of the Navajo Supreme Court’s views on due process from direct application of federal definitions to the development of a unique Navajo doctrine informed by federal constitutional doctrine, but ultimately reflecting Navajo values of fairness. Based on the discussion of the development of Navajo due process, the article suggests the Navajo Nation’s approach in synthesizing federal doctrine with tribal values can be a model for other tribes grappling with developing modern court systems that emphasize jurisprudential sovereignty through the development and application of unique tribal law.
Turtle Talk 