Here is “AI and Tribal Court Practice,” soon to be published in the American Journal of Trial Advocacy.

Here is an excerpt:

American Indian tribal court practice resides at the intersection of two difficult legal problems. First, because tribal justice systems are usually very young and dynamic, awareness and analysis of tribal law is underdeveloped. Second, because tribal nations are not governed by state or federal law, tribal law is culturally unique. Tribal court practitioners often find that even routine legal matters will involve questions of first impression in the jurisdiction. All of this is to say tribal court jurisprudence is intensely jurisgenerative.

Because tribal law is often unsettled or indeterminate, the costs of discovering and applying this law are occasionally high. Most tribal law involves tribal constitutional or statutory interpretation or the application of federal and state court precedents, which is not terribly costly to perform. But applying tribal customary or traditional law, also known as tribal common law, can be much more difficult. Today, legal practice is knee-deep in reliance on artificial intelligence (AI). More practitioners are using AI to conduct legal research and even to draft pleadings. Assuming a practitioner reasonably utilizes AI generators, the use of AI can be beneficial. One assumes that the larger the corpus of law (statutes, cases, regulations, etc.), the greater value AI can provide in cutting out the relevant legal wheat from the irrelevant legal chaff.

This Article offers preliminary thoughts on how tribal court practitioners can use AI to research and apply tribal law using a common legal issue—tribal sovereign immunity. This Article analyzes written research memoranda and pleadings generated by AI. As a result, this Article concludes there is great potential for the use of AI in tribal court practice, but there are definite and indefinite pitfalls.