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Volume 9: 2008-2009


Christine Zuni-Cruz (Pueblos of Isleta & Ohkay Owingeh)

Managing Editors

Alicia Sanasac (Pueblo of Laguna) (Production-Spring 2010)
Eduardo Provencio (Pre-Production - Fall 2008, Spring 2009)

Professional Article Editors

Gerb Lee (Navajo Nation)
Heather Jaramillo

Student Article Editors

Kristin Sanderson (Navajo Nation)
Jacob Keyes (Choctaw ) (Spring 2009)

Tribal Court Handbook Editor

Carrie Martell

Special Project Coordinators

Jocelyn Garrison (Choctaw)
DeAnza Valencia Sapien

Media Editor

Lauren Koller

Web Editor

Jacob Keyes (Choctaw) (Fall 2008)


Rafael Amador, Michael Anaya, Kitren Fischer, Honor Keeler (Cherokee), Johnn Osborn, Carolina Ramos (Mexica/Cherokee), Alicia Sanasac (Pueblo of Laguna), Sheldon Spotted Elk (Northern Cheyenne), Jessica Packineau, Carolyn West (Eastern Band of Cherokee)

Law School Support Staff

Mitzi Vigil

Special Submission

Poetry, Law, & Poetry: Some Notes Toward a Unified Theory

by Frank Pommersheim
This work is a beautiful and profound commentary on law. In twenty points, Pommersheim reflects on the nuances of poetry and law. As Pommersheim juxtaposes poetry and law, law and poetry, he reminds us what law is and what it is not. It is the first contribution to a new section of the Journal which will contain work that crosses law with other disciplines.


Shadow War Scholarship, Indigenous Legal Tradition, and Modern Law in Indian Country

by Christine Zuni Cruz
In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that is the Tribal Law Journal, to develop alliances across the globe. The essay originally appeared in 47 Washburn L.J. 631 (2008).

Indigenous Legal Traditions, Cultural Rights, and Tierras Colectivas: A Jurisprudential Reading from the Emberá-Wounaan Community

by Lauren Koller-Armstrong
This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities.

Toda Cambia y Todo Sigue Siendo Igual (The More Things Change, the More The Stay The Same): How Fifteen Years Later the Constant Threat of an End to the Zapatistas Continues to Justify Their Means

by Pamela Genghini Hernandez
This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the Zapatista government has taken and how it has borrowed from government structure traditional to the Indigenous Peoples of Chiapas.

Tribal Law Journal Roundtable, Lawyering for Indigenous Peoples: What does it Mean To Be Listened To? (Forthcoming)