KUMEYAAY LAW DEPARTMENT

"Law reflects, but in no sense determines the moral worth of a society....

The better the society, the less law there will be.

In Heaven, there will be no law, and the lion will lie down with the lamb....

The worse the society, the more law there will be.

In Hell, there will be nothing but law, and due process will be meticulously observed."

- Grant Gilmore, "The Ages of American Law" (New Haven: Yale University Press, 1977), pp. 110-111.

Click for Judge Brandenburg article about tribal justice system in Southern California Indian country.

INTERTRIBAL COURT OF SOUTHERN CALIFORNIA — a tribal court system serving the Native American community.

"The overall purpose of the ICSC is to provide members of the Native American community and their participating tribes with a cultural sensitive Judicial Forum in which to present and resolve disputes...".

ICSC Member Tribes: Pala, Pauma, Rincon, San Pasqual, Jamul, La Jolla, Mesa Grande, Santa Ysabel, Manzanita, Los Coyotes.

NON-INDIANS:

The Intertribal Court Southern California does not assist non-Indians with legal matters and it does not help non-Indians with referrals to Native American attorneys who are experienced in California Indian and tribal law.

NonIndians with legal disputes against Indian casinos and Indian tribes may be better served by contacting their local bar association for information about how to sue Soverign Indian nations. In San Diego, that would be the SAN DIEGO COUNTY BAR ASSOCIATION.

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A LINE IN THE SAND, Hanksville.Org WEBSITE hanksville.org:

"Cultural property includes not only land and other tangible property, but ideas, traditions, and other non-tangibles. Cultural property belongs to the cultural group, rather than to an individual. As an individual has the right to control use of his/her property, the cultural group has the right to control the use of its property. Not all people recognize cultural property. As a result some individuals will use another group's cultural properties without permission; often that use is offensive to the cultural group, because their property is used in a way that distorts or is disrespectful to the group's beliefs...".

Legal Resources General, Cultural, Copyright, Treaties hanksville.org

Native American Sovereignty Issues hanksville.org

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Indigenous Law Institute
"A Movement Toward Restoration and Healing"
www.ili.nativeweb.org

DISCOVERY DOCTRINE OF DISCOVERY

The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823. The doctrine was Chief Justice John Marshall's explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments.
WIKIPEDIA
LEGACY, ORIGINS & US Law, "Five Hundred Years of Injustice."

PUBLIC LAW 280

Public Law 280 (Pub.L. 83-280, August 15, 1953) is a federal law of the United States establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated by Arizona Supreme Court Justice...

Public Law 280 and Law Enforcement in Indian Country – Research Priorities
FULL TEXT
WIKIPEDIA

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• LAW LIBRARY OF CONGRESS, United States: Native Americans WEBSITE loc.gov — Texts, Commentary, Agencies, Links

• San Diego County Public Law Library WEBSITE sdcpll.org

• University of San Diego Legal Research Center WEBSITE sandiego.edu Link broken):
INDIGENOUS PEOPLES - Newspaper, Magazine and Web Articles:
• Indigenous Peoples on the Border
• Treaties
• Legislation
• Law Review Articles
• Newspaper Articles

• Kumeyaay Community College Indigenous Law Research kumeyaaycommunitycollege.com (link broken)