• The Aborigine in Comparative Law: Subnational Report on Alaska Natives

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1986-08)
      This paper describes the current state of aboriginal rights in Alaska and the impact of federal and state laws and policies on Alaska Native political and legal rights, tribal status, self-determination, and access to tribal lands. Topics covered include the legal determination of Alaska Native identity, the legal status of Alaska Native groups, Alaska Native land rights, sovereignty and self-government, subsistence, recognition of family and kinship structures, the criminal justice system in rural Alaska, customary versus formal legal process, and human rights and equality before the law.
    • Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska [1982 revision]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1982-09)
      This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal players negotiating on legal process from positions of power.
    • Alaskan Bush Justice: Legal Centralism Confronts Social Science Research and Village Alaska [original paper]

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1981-09)
      This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal players negotiating on legal process from positions of power.
    • 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.
    • The Interrelationship between Alaska State Law and the Social Systems of Modern Eskimo Villages in Alaska: History, Present and Future Considerations

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1985-08)
      Yup'ik and Inupiat villages in Alaska (the territory and the state) experienced a process of legal socialization that was strongly influenced by serious constraints in the allocation of resources. These constraints resulted in legal socialization into what was in essence a second legal state system and provided an opportunity for cultural autonomy by Eskimo villages, even though this de facto situation did not recognize these groups as sovereign tribes. The actual implementation of a single full-blown legal system in village Alaska in the mid-1970s has resulted in a loss of control and serious efforts by Alaska villages to reinstitute village law ways as tribal legal process.
    • The Resilience of Indigenous Law in Alaska and the New States of Africa South of the Sahara

      Opolot, James S. E. (Justice Center, University of Alaska Anchorage, 1981-03)
      Comparative analysis of not only criminal justice administration, but also efforts to modify existing legal systems, are informative to the extent that they allow readers to broaden their perspectives and to learn lessons from other countries. This paper seeks to elaborate on this statement by comparison of the ways in which customary law in Alaska and the young nations of sub-Saharan Africa has been become living law, that is, law which dominates life itself even though it has not been written into the official law of the state.
    • 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.
    • Town Law and Village Law: Satellite Villages, Bethel and Alcohol Control in the Modern Era — The Working Relationship and Its Demise

      Conn, Stephen (Justice Center, University of Alaska Anchorage, 1982-11-04)
      In southwestern Alaska the underpinning of the working relationship between official law and village social control was tied to alcohol control. This paper examines the breakdown of this relationship in the 1960s and its impact on village law. It also assesses the role of town liquor policy and town police and treatment resources on alcohol-related violence in the villages in the 1970s. It argues that a recent movement to reinstitute prohibition of importation and sale in many villages must be understood as a desire for renewal of a working relationship between two centers of legal authority.