By: Prof. Samantha Moppett

In the first year of law school, students learn about the structure of the American legal system through the lens of federal and state courts. Professors will explain jurisdiction, types of authority, the three branches of government, court hierarchy, weight of authority, and how these systems interact. But there’s something critical missing from this education—something that could affect future practice but remains largely invisible in law school curricula is the third sovereign: tribal justice systems.

Most law students graduate without understanding that the United States has not two, but three sovereign entities with the power to make and enforce laws: the federal government, state governments, and Indian tribes. This omission from legal education isn’t just an academic oversight—it could impact an attorney’s ability to practice competently in today’s legal landscape.

Tribal justice systems matter for a number of reasons.

First, the likelihood of encountering tribal law in practice is higher than you might think. There are over 550 federally recognized tribes in the United States, with approximately

275 operating their own justice systems. These tribal courts handle criminal matters, civil disputes, family law, and business transactions. With increasing tribal economic development in gaming, natural resources, tourism, and retail, attorneys will be increasingly likely to represent clients who interact with tribal governments and courts, even if they don’t plan to specialize in Indian law.

Second, the “jurisdictional maze” of tribal, federal, and state authority is complex. For instance, before challenging a tribal court’s jurisdiction in federal or state court, litigants must first exhaust all tribal remedies—a procedural requirement that could make or break case. Many tribal courts also require special admission to practice, similar to pro hac vice admission in federal courts.

Third, some states now test federal Indian law on their bar exams, with several others considering adding it. This trend recognizes the reality that competent legal practice today requires at least a basic understanding of tribal sovereignty.

Beyond the practical implications, understanding tribal justice systems exposes a prospective attorney to different legal traditions and approaches to dispute resolution. Many tribal courts integrate traditional values and customs into their jurisprudence, often focusing on restorative justice rather than the “win-lose” approach of Anglo-American systems. This perspective can enrich an attorney’s understanding of justice and provide tools to approach problems differently.

There are numerous opportunities to learn about tribal justice systems in law school. When researching legal issues, consider whether tribal law might be relevant. If your school offers courses or clinics related to Indian law, consider enrolling. When you graduate and begin practicing, remember to check for potential tribal jurisdiction issues when evaluating cases. Research whether the parties involved might be tribal members or if the dispute occurred in Indian country. Verify whether special admission requirements exist before appearing in tribal court.

By developing awareness of tribal justice systems now, law students will be better equipped to navigate the full complexity of American jurisprudence in their future practice. This knowledge isn’t just academically interesting—it’s an essential component of competent legal representation in a modern, diverse legal landscape where the third sovereign plays an increasingly important role.