EBCI Judge J. Matthew Martin continues his interesting scholarly work in the legal histories of tribal justice systems with “Chief Justice John Martin and the Origins of Westernized Tribal Jurisprudence,” recently published in the Elon Law Review.
From the article:
Judge John Martin created the modern Tribal Court. This template, still in use today, envisions a Court based on notions of jurisprudence easily recognizable to western eyes, yet leavened with aspects of Tribal culture and tradition. The model comprises a Court system that is familiar and dedicated not only to sovereignty, but also to defiance. The significance of the beginnings of the modern Tribal Court has been consistently underestimated, particularly by the Supreme Court of the United States. John Martin’s crucial role in it has largely been forgotten.
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