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Presenter: Maxwell Skye Balkema

Faculty Sponsor: Martha Yoder

School: UMass Amherst

Research Area: Law and Legal Studies

Session: Poster Session 1, 10:30 AM - 11:15 AM, Concourse, B10

ABSTRACT

In traditional Western law there is always a winner and a loser. In civil court this is done through monetary means; debts are satisfied with financial compensation. In criminal court debts are paid for in freedom; When a case is over and punishment has been doled out little is done to solve the issue that created that dispute or crime in the first place. Systemic issues are rarely solved through the courts, instead communities must face a reality where circumstantial wrongs are “remedied” with life changing consequences. Indigenous justice exists as a means of community based restoration. Instead of targeting the individual the society comes together to rectify the societal misdeed. This approach highlights collective responsibility and shifts away from shame and guilt in the individual. Unfortunately, because of the U.S government's historic nature of Tribal court takeover these justice methods have long been counteracted by U.S. systems. Examining some of these key decisions and thinking about the future of Indigenous peoples before the Supreme Court will lead to a deeper understanding of the Court's role in upending Tribal sovereignty and the pathway to a more equitable justice system. Ultimately, my thesis will aim to explore the Supreme Court’s continued subversion of Tribal power and sovereignty as well as what western law systems stand to gain from recognizing, respecting and rectifying Indigenous restorative justice practice.