Summary:
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The Tribal Law Exchange is a
multidisciplinary project at the
University of Idaho, in cooperation with
The National Judicial College. The project aims to enhance
access to the legal materials of American Indian tribal justice systems
through creation of a nationwide, web-accessible electronic database of
tribal court opinions, tribal codes and constitutions, and related legal
materials. The resultant product, the Tribal Law Exchange digital library,
will be fully searchable and accessible on the worldwide web through its
own web address and by hyperlink from web pages maintained by The National
Tribal Judicial Center, The National Judicial College, and the University
of Idaho. In addition to designing, creating, updating, and maintaining
the project database, search engine, and web interface, the project
participants are entering into contractual agreements with tribal courts
and councils for permission to make their court decisions, codes, and
constitutions available through the project digital library. Other legal
materials, including selected federal and state court opinions addressing
federal Indian law, treaties, and United States statutory and regulatory
provisions affecting Indian rights and tribal governance round out the
legal materials accessible through the Tribal Law Exchange. In addition,
the project participants will provide training in the use of the database
and in conducting legal research more generally to tribal court judges and
members of tribal councils.
The Tribal Law Exchange not only is of
significant intellectual merit, holding the potential to broadly impact
and promote the fields of Information Technology (IT) and social science,
but it importantly explores ways that IT creates opportunities in the
areas of ethics, civil rights, individual liberty, and the advancement of
the democratic process in the United States. Tribal legal systems
constitute not only the most conspicuous aspect of tribal sovereignty, but
often the most contentious. Tribal courts today assert jurisdiction over
an increasingly diverse array of legal disputes in Indian Country. Many
also pursue the express objective of developing indigenous tribal
jurisprudences - i.e., bodies of law and principles of adjudicative
practice grounded in significant part in tribal custom and tradition,
rather than in rules, principles, and methods of practice derived from
Anglo-American law. There is, however, a dearth of readily accessible
tribal legal materials, both online and in printed form. This lack of
information inhibits efficient research and dissemination of tribal court
decisions, as well as other tribal legal documents, such as codes,
constitutions, and resolutions. It also generates suspicion and skepticism
within and outside Indian Country as to the operation and fairness of
tribal justice systems.
The Tribal Law Exchange aims to assist in the
dissemination of the legal materials of American Indian tribal justice
systems through its nationwide, web-accessible, and fully searchable
digital library of tribal court opinions, tribal codes and constitutions,
and related legal materials. The project is sponsored by the National
Science Foundation (NSF), Division of Computer-Communications Research,
for the period from September 2003 to May 2007. The grant amount is
$411,446.
If you have any comments, suggestions, or
need more information, please contact Douglas Lind by
e-mail:
dlind@uidaho.edu, or phone:
(208) 885-5761 |
Project Participants:
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The Tribal Law Exchange project team consists
of three Principal Investigators, two consultant experts, graduate and
undergraduate assistants, and an Advisory Board.
Principal Investigators:
Lead PI: Professor
Douglas Lind, has a Ph.D. in philosophy and a J.D. in law. Currently
Chair of the Philosophy Department at the University of Idaho, he serves
on both the Philosophy and Environmental Science faculties at Idaho, as
well as on the faculties of The National Judicial College and The
Professional Educational Group, Inc. As the Lead-PI on the Tribal Law
Exchange project, he is responsible for overseeing the instant project,
including handling all project legal matters, such as drafting contracts
and site-branding agreements, contacting and working with tribal courts
and councils, working with tribal court judges and Indian law scholars to
determine the legal materials appropriate for inclusion in the project
digital library, teaching legal research and database user skills to
tribal court personnel, and directing the development of the database
architecture and web interface to ensure appropriate search parameters and
legal research functionality.
Co-PI:
James A. Foster is a Professor of Computer Science and an Adjunct
Professor of Biological Sciences and Philosophy at the University of
Idaho. He is participating in this project in order to provide needed
service to his community (a community situated between two Indian
reservations) and in order to help support Native American activities. His
primary role in the project is to direct and supervise the technical staff
and to manage their efforts.
Co-PI: Delphine Keim-Campbell is an
Associate Professor of Graphic Design in the Department of Art, University
of Idaho. She leads students in visual projects that range from graphic
design for print to web design to multi-media design. In addition to her
university responsibilities, Keim-Campbell consults with private clients
specializing in providing visual identities to these organizations and
programs. Her role in the Tribal Law Exchange project involves taking
principal responsibility for website and graphic interface design.
Consultant Experts:
Consultant Expert 1: Judge Mitchell
Wright. Judge Wright is one of the most prominent Native American judges
in the United States. Formerly Chief Judge of the Washoe Tribe of Nevada
and California, and an Associate Justice on the Inter-Tribal Court of
Appeals of Nevada, Judge Wright currently works as a Judge Pro-Tempore for
the Fort Mohave Tribal Court in Arizona. He also maintains a private law
practice representing individual and institutional American Indian
clients. He is the founder of the National Tribal Judicial Center. Judge
Wright is a well-known tribal judge nationwide, currently serving as the
Vice-President of the National American Indian Court Judges Association (NAICJA).
His roles in this project are (1) to contact specific tribal personnel in
person and by telephone providing information and gaining participation in
the project digital library; and (2) traveling with PI Lind to attend
meetings of NAICJA or other organizations to disseminate information,
secure participation, and provide training in the project digital library.
Consultant Expert 2: Matt Williamson.
Matt Williamson has fifteen years experience as a computer and technology
consultant, providing him with a solid foundation in real-world
information technology. His design skills include database, website,
graphic, and application design. On current projects he functions as a
database administrator, software engineer, webmaster, and
designer/administrator of a regional inventory control system.
Williamson’s role in the instant project will be to work under the general
supervision and direction of PIs Foster and Lind in (1) designing and
creating the project worldwide web database application in a manner that
will readily handle the Tribal Law Exchange’s projected usage and
functional needs, (2) developing searching algorithms (functionality) that
will aid users in finding, adding, and updating tribal legal information
found within the database application, and (3) assisting PI Lind in the
oversight and coordination of data input and of the testing and initial
operational phases of the Tribal Law Exchange digital library.
Students:
Among the students involved in the project,
one is a graduate student in Graphic Design, the second a graduate student
in Environmental Science. The graduate student in Graphic Design, Aimee
Graham, works under the supervision of PI Keim-Campbell in website and
interface design. The graduate student in Environmental Science, Evgeniy
Perevodchikov, works with PI Lind in researching and acquiring tribal
legal materials, scanning and formatting documents that are unavailable in
electronic form, and formatting documents received electronically.
Advisory Board:
The Tribal Law Exchange Advisory Board
consists of a number of prominent lawyers and legal scholars in American
Indian and tribal law. The current Advisory Board members are the
following:
Steve Aycock |
Chief Judge, Colville Tribal Court,
Nespelem, Washington
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Sarah Deer |
Staff Attorney, Tribal Law & Policy
Institute;
Instructor, Tribal Legal Studies, UCLA
Extension
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Faye Hadley |
Native American Law Resources Librarian,
Native American Law Center, University of Tulsa College of Law, Tulsa,
Oklahoma
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Traci Hobson |
Court
Solicitor, Tohono O’odham Tribe, Sells, Arizona |
Mark Pruner |
Principal, Web
Counsel, LLC, Stamford, Connecticut |
Judith Royster |
Professor of Law, Native American Law
Center,
University of Tulsa College of Law,
Tulsa, Oklahoma |
Stanley Webster |
Commissioner, Oneida Appeals Commission,
Oneida, Wisconsin |
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Project Management
Plan:
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The general management plan for the project
includes the following timeline.
Infrastructure includes the website, database, and supporting tools
that will make up the Tribal Law Reporter digital library. It will be
capable of being viewed as two loosely related components: website and
database application.
Documentation
includes the creation of technical references and training manuals. Final
documentation and instructional material will be developed to be published
on-line and in print publication. This documentation will be created from
data produced during the infrastructure creation phase.
Court
Agreements. Now and throughout the four years of the grant
project and continuing thereafter, the project team is contacting and
working with tribal court judges and tribal council members to ensure
substantial participation in the project digital library. The Tribal Law
Exchange formalizes its relationships with tribal governments by
contractual agreements.
Data Entry: Documents are received by
the project staff in either paper or electronic form. Paper documents are
scanned and stored as images. These images are then interpreted by Optical
Character Recognition (OCR) software. OCR technology extracts text from
images. This technology is not yet mature, so human editing and proofing
are needed in many cases. Application design is such that the scanned
images will always be available for future proofing or as more reliable
references.
Training.
The project team will develop documentation
and hands-on interactive techniques for training tribal court personnel in
using the database application. It is expected that training in using the
digital library will be offered through courses for tribal court judges at
The National Judicial College and in workshops at other venues. |
Current Project
Status:
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The Tribal Law Exchange is in its initial creation
stage. Database creation and website design are ongoing. Initial contracts with
tribal governments and courts are being developed. The project team is also
involved in conversations with a number of tribal and tribal-related
organizations and educational institutions about partnerships and collaborative
arrangements.
Last update:
21-Nov-2005
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