Craig Smith has published a comment arguing that tribal judgments should be afforded Full Faith and Credit. The cite is 98 Cal. L. Rev. 1393 (2010). A one paragraph summary from the article is below:
“In this Comment, I attempt to answer some of those lingering questions by revisiting the claim that tribes should be afforded full faith and credit under the Full Faith and Credit Act. By looking to the Indian Law canons, the unique precedent of Puerto Rico, and the present reality of federal-tribal relations, I conclude that the Act does mandate full faith and credit for tribes. Rather than looking to whether Congress intended to include tribes at the moment it amended the Full Faith and Credit Act to include territories and countries under the jurisdiction of the United States, I arrive at my conclusion by following the approach of the First Circuit in the context of Puerto Rico and asking: Would Congress have intended to include tribes in § 1738 if it were aware of the current status of federally recognized Indian tribes today?”
Comment on Applicability of the Full Faith & Credit Act to Tribal Judgments Published in California Law Review
Filed under Author: Ann Tweedy, Scholarship, tribal courts
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians
The Indian Civil Rights Act at Forty