Vox Home > '06-'07 Academic Year > February 5, 2007 Issue >

Tribal Sovereignty in Action

Navajo Supreme Court to hear oral arguments at Dartmouth

The Navajo Nation Supreme Court will hold oral arguments on one of its winter term cases at Dartmouth on Monday, Feb. 12 in Cook Auditorium, Tuck School of Business. The event begins at 2 p.m. with a presentation by N. Bruce Duthu, adjunct professor of Native American studies and of government at Dartmouth and professor of law at Vermont Law School, on the role of tribal courts within the American legal system. Supreme Court oral arguments will begin at 2:30 p.m. Both the presentation and the oral arguments are free and open to the public.

Chief Justice Herb Yazzie

The case, Navajo Transport Services Inc. v. Schroeder, concerns the authority of the Navajo courts to exercise judicial power over an off-reservation party for conduct that produces harmful effects on the reservation. The suit alleges that an off-reservation liquor store acted negligently in selling liquor to a tribal member whose intoxication contributed to a serious accident on the Navajo Reservation. The tribal district court in Kayenta dismissed the lawsuit on grounds that the court lacked jurisdiction over the liquor store. The appeal will be heard by the three justices of the Navajo Nation Supreme Court-Chief Justice Herb Yazzie and Associate Justices Lorene Ferguson and Irene Black-who normally hear cases in Window Rock, Ariz., the capital of the Navajo Nation.

According to Duthu, who teaches courses at both Dartmouth and Vermont Law School on Native Americans and the law, the Navajo Supreme Court has held previous formal hearings on the campuses of Harvard Law School and the University of Michigan School of Law. "American Indian tribes occupy a unique place in the U.S. legal system by virtue of their legal status as distinct governments. This event provides a rare opportunity for members of the general public to see and experience American Indian tribal sovereignty in action," says Duthu. "The Navajo Supreme Court works actively to help enhance our national literacy about tribal sovereignty. That broader community and national education plays a vital role in bringing about greater understanding and respect for tribal systems of justice."

Colin Calloway, Samson Occom Professor of Native American Studies and one of the organizers for the event adds, "This is a great chance to see that when, in Native American studies, we talk about tribal sovereignty, we're not just talking about abstract theory. We'll be able to see how justice works in a Native American court. This is something that should be of interest to all students."

After the Cherokee Nation, the Navajo Nation is the largest federally recognized tribe in the United States. It has more than a quarter of a million enrolled members.

Public parking is available in the Dewey Parking Lot on the north end of campus behind Dartmouth Medical School. A shuttle bus provides regular service to the central campus, including to the Tuck School of Business. For further information contact Linda M. Welch at 646-3530 or N. Bruce Duthu.

 By GENEVIEVE HAAS

Questions or comments about this article? We welcome your feedback.