The University of Wisconsin Law School Law Library and the Great Lakes Indigenous Law Center (GLILC) have collaborated with various partners and Native Nations within Wisconsin and the broader Great Lakes region to develop a digital publishing solution. The Great Lakes Tribal Law Collection, launched in September 2023, shares select Tribal law documents, enhancing the power and visibility of Native Nations’ laws and strengthening Tribal sovereignty. The initiative has been in the works since 2014.
“As a law student, I took a course on Tribal law with Professor Richard Monette,” explained Bonnie Shucha, director of the Law Library. “That course was a transformational experience, giving me a deeper understanding of Tribal governance and sovereignty and the integral role of Tribal law in the American legal system.”
Knowing of her interest in the publication of Tribal law, in 2014, Monette contacted Shucha to ask if the Law Library would be interested in working with the Wisconsin Tribal Judges Association to develop a database of Tribal court opinions.
“Richard had shown the Wisconsin Tribal Judges Association an article I wrote exploring the publication and accessibility of Tribal law and thought it sparked their interest. At that time, the Library had been in the early stages of developing our Digital Repository, and we eagerly agreed to take on this project as our first collection,” Shucha continued, adding that, for various reasons, that project never got beyond the initial development stage.
In 2018, Monette introduced Shucha to David Greisen of the Open Law Library (OLL), a 501(c)(3) open-access publisher with a mission to make all official laws freely and openly accessible to governments and their citizens. GLILC and OLL were interested in partnering with the Law Library on another project, this time to develop a platform for Native Nations wishing to publish their codes. The National Indian Law Library and the Stockbridge-Munsee Band also joined on the project.
In 2020, the UW Law Library — in partnership with the Stockbridge-Munsee Community, the GLILC, the National Indian Law Library and the OLL — received a grant from the Institute of Museum and Library Services (IMLS) for a pilot project in which librarians and developers worked with Native Nations to openly publish their legislation using a customized platform that offers tribes full ownership and control over their content. Five tribes, including two from Wisconsin, the Stockbridge-Munsee and the Lac Courte Oreilles, have already published their laws using this platform, and others are in development.
In addition, the UW Law Library has developed the Great Lakes Tribal Law Collection. This digital collection acts as an archival repository that encompasses a range of materials, including constitutions, bylaws, codes, resolutions, charters and other legal documents. Each time a document is created or revised, a new version is archived and added to the collection. It’s a process that’s important for many reasons, including the ever-evolving nature of the law.
“The importance and visibility of Tribal laws are crucial for Tribal governments and court systems as they empower tribal communities to take charge of our legal systems,” said Amanda White Eagle. Currently the director of the GLILC at UW Law, White Eagle was involved in the group in 2014 as an officer of the Ho-Chunk Nation. She served as the first female president of the Wisconsin Tribal Judges Association from 2011-15.
“This empowerment leads to three immediate benefits: self-determination, access to justice and education,” she said.
By providing access to legal information and resources, Tribal Nations can make well-informed decisions and assert their rights to self-determination, White Eagle said.
“Moreover, these resources enable Tribal members, the broader community, legal practitioners and judges to readily access information about Tribal laws and court rulings, ensuring fair and effective justice administration within Tribal communities,” White Eagle continued.
Access to laws and case law also opens the door to educational tools for tribal members, leaders and policymakers to deepen their understanding of tribal law, governance and historical cases.
“Tribal Nations are constantly thought of as existing in the past, but they are sovereign nations that govern themselves and the people who come onto their lands.” – Michael Williams
Today’s partnership is exciting, said Shucha, and has led to a robust and important exchange of ideas.
“The project has brought together UW Law School faculty, directors, librarians and students in collaboration with Tribal officials and librarians, attorneys and technologists from numerous Native Nations and states,” she explained. “The platform that was developed from the IMLS-funded pilot project was to publish legislation. The success of this project has generated interest from several Wisconsin Native Nations in adding judicial opinions. In this way, it’s come full circle back to our initial conversations with the Wisconsin Tribal Judges Association in 2014.”
The partnerships are certainly ideal, added Michael Williams, a 3L who is part of the Oneida Nation and has been involved in the project from its early stages, because it “connects Tribal Nations with exceptional legal scholars to address the legal issues affecting Indian Country.”
“Tribal Nations are constantly thought of as existing in the past, but they are sovereign nations that govern themselves and the people who come onto their lands,” explained Williams. “Creating greater access to Tribal Nation laws through projects like the Great Lakes Tribal Law Collection helps the Nations support themselves and continue to express their sovereignty.”
Williams first joined the collection’s efforts by working with the Oneida Nation Judiciary.
“I was creating legal summaries and metadata information for Court of Appeals cases,” he explained. “After about a year of work, I was thinking heavily about all my pre-law experiences that really helped me gain interest in law school. So, I developed the Tribal Court of Appeals Project, which was meant to get undergraduates to do the same case summaries and metadata information.”
At the same time, students would be learning basic legal skills and get exposure to the law. The program launched in Fall 2023 with five undergraduate students who analyzed more than 60 cases with the Oneida Nation Court of Appeals. Separate from the Tribal Court of Appeals Project, Williams also started working with OLL. Drawing on his expertise in analyzing judicial opinions, he’s helping to develop a tribal case law reporter using the OLL platform, which is expected to launch soon.
The Great Lakes Tribal Law Collection is important for numerous reasons, but also because, for any legal system to function appropriately, the citizens need to be able to access the law, Williams explained.
“This collection helps Tribal citizens access their law and engage with their governments,” he continued. “It is important for Tribal citizens to engage with their laws, so that they can develop their systems to adequately represent themselves. Additionally, having the laws accessible encourages U.S. businesses to work with Tribal Nations and develop the economy on Tribal lands. And, it allows Indigenous students like myself to work directly with Tribal Nations to better our people.”
While the grant project is coming to an end soon, White Eagle hopes they can continue to meet to keep the momentum going.
“Growing the Digital Repository and Tribal collections will involve a concerted effort to improve access and expand resources, but it will involve collaborating with Tribal governments and securing funding,” she explained. “Specifically, UW Law School, through the Great Lakes Indigenous Law Center, needs to establish and maintain partnerships with Tribal governments to identify the needs and changes, as well as seek funding opportunities to continue to digitize both new and existing laws and case law. Digitizing will help increase access, preservation and dissemination of materials to a wider audience.”