• The Extralegal Forum and Legal Power: The Dynamics of the Relationship — Other Pipelines

      Conn, Stephen (Institute of Social, Economic and Government Research, University of Alaska, Fairbanks, 1974-02-26)
      Diverse groups — e.g., Brazilian squatters, Navajos, village Eskimos and Indians — look to special forums to resolve disputes outside the formal legal system. These forums are employed because they accept disputes as defined by their clients and offer remedies based upon these conceptualizations. Formal agents of the law in their environments cannot do this. When these forums are extralegal (without formal legal authority to act) and are located in an environment where the formal legal process has the theoretical capacity to intervene in the disputes, they must tap into authentic lines of power to maintain their credibility with their constituents. Legal power is not usually formally delegated without defined limits upon its use. Because extralegal forums often must be free from the constraints of particular norms and processes, in order to correctly define and remedy disputes, extralegal forums seek borrowed power through special relationships with formal agents of legal power. Then they reapply it to meet the needs of their constituents. This paper describes the ways to study these relationships and their likely impact upon an informal forum. The author suggests a way of viewing extralegal dispute resolution in a given community against the larger matrix of relationships between the formal and informal legal process. He draws upon his field work in Brazilian squatter colonies, Navajo Indian communities, and rural Athabascan and Eskimo villages in Alaska.
    • Narrative Report to Law Reform Commission of Australia on Results of Field Trip to the Northern Territory Pursuant to the Reference on Customary Law

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1980-07)
      This submission to the Law Review Commission of Australia (later the Australian Law Review Commission) makes recommendations regarding to what extent existing courts or Aboriginal communities themselves should be empowered to apply Aboriginal customary law and practices in the trial, punishment, and rehabilitation of Aboriginal offenders. The report is based on field interviews in six Aboriginal communities in the Northern Territory of Australia as well police, magistrates, solicitors, legal aid field officers, the Crown Solicitor of the Northern Territory; and community advisors and staff of the Department of Aboriginal Affairs. The report discusses the relationship between indigenous law and the western law system derived from the British common law system as one of legal pluralism — more than on legal process at work in the same environment at the same time — and draws comparisons between legal pluralism as it exists in Australia with the situation in Alaska.
    • Short Papers Prepared for the Law Reform Commission While in Australia

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1980)
      These four brief papers were submitted for the consideration of the Law Review Commission of Australia (later the Australian Law Review Commission) in its inquiry about whether it would be desirable to apply, either in whole or in part, Aboriginal customary law to Aboriginal and Torres Strait Islander people. The author presents suggestions and information based on his research on traditional law ways among Alaska Native peoples and the relationship between indigenous law and the western law system in Alaska.
    • Staff Paper on Village Councils

      Hippler, Arthur E.; Conn, Stephen (Institute of Social, Economic and Government Research, University of Alaska, Fairbanks, 1975)
      This excerpt from the forthcoming UCLA-Alaska Law Review article "The Village Council and Its Offspring: A Reform for Bush Justice" describes techniques used historically by Alaska Native village councils to resolve disputes. All of these techniques were observed in 1975 in villages where councils still aid in dispute adjustment.
    • State Enforcement of Alaska Native Tribal Law: The Congressional Mandate of the Alaska National Interest Lands Conservation Act

      Conn, Stephen; Garber, Bart Kaloa (Justice Center, University of Alaska Anchorage, 1989-10-27)
      Law journals, newspapers, and the courts all document Native unrest and dissatisfaction with state management of Native subsistence lifestyles. It is the thesis of this paper that the Alaska National Interest Lands Conservation Act (ANILCA) requires the state to discover and incorporate community-derived tribal law — customs and traditions regarding the taking and gathering of wild, renewable resources — as the applicable minimum federal standard to the extent that conservation of the resource permits.