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Ordering Legal Plurality: Allocating Jurisdiction in State and Tribal Courts in Wisconsin
Author(s) -
Nesper Larry
Publication year - 2015
Publication title -
polar: political and legal anthropology review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 27
eISSN - 1555-2934
pISSN - 1081-6976
DOI - 10.1111/plar.12085
Subject(s) - citizenship , law , jurisdiction , peacemaking , state (computer science) , political science , statute , jury , politics , exclusive jurisdiction , sociology , algorithm , computer science
This article examines how a Wisconsin statute passed in 2009 that authorized state court judges to transfer cases to American Indian tribal courts unfolded as a political and legal process that was both informed by and produced by fundamental conceptions of cultural difference. It calls specific attention to jurisprudential differences in the form of jury trials and peacemaking in figuring the differences between conceptions of tribal membership and state citizenship.