Document Type



ABA Journal




"© 1977 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association."

"A RECENT article in this Journal by Samuel J. Brakel (August, 1976, page 1002), "American Indian Tribal Courts: Separate? 'Yes' Equal? 'Probably Not,'" contained a number of observations and conclusions about American Indian courts. It offered no data, however, to support its conclusions; it contained important factual errors; it attributed to Indian people, without substantiation, negative attitudes toward the Indian courts; and it contained derogatory and inaccurate comments about the integrity and independence of the Indian courts and the training available to their judges.

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the well-established right of Indians to maintain their own courts."