I find it odd that there’s such a heavy reliance on the testimony from the 1960s in the years leading to the passage of the Indian Civil Rights Act in this letter. Barbara Creel’s work is much more formidable and persuasive, probably because it’s not such a direct assault on all tribal courts using such broad (and now largely inaccurate) generalizations. Later this week, I’ll be presenting a paper about the 1977-79 NAICJA study on tribal courts where David Getches pointed out the direct analogy between tribal and rural justices systems — that analogy is still present, with all its plusses and minuses. I am persuaded that that’s a much more direct analysis (see also here). Most tribal courts aren’t going to be like federal courts; neither are magistrates and JOPs in rural New York or Iowa or Arizona.
Tova Indritz’s efforts to criticize the Tribal Law and Order Act a few years back are in this hearing: