The author explores the meaning of customary law from its most general meaning to the meaning and application within various tribal courts. Mr. Rosser discusses the weight of customary law when choice of law and conflict of law issues arise within tribal courts. He discusses the challenges in uniformly applying customary law. He also discusses the challenges in substantiating customs when presented to a tribal court, including the use of experts. Mr. Rosser highlights the complexity and variance of customary law between tribal courts while emphasizing the importance of tribal jurisprudence. Finally, the author provides an appendix of rules and rights derived from the customary laws of various tribes.
Rosser, Exra. "Customary Law: The Way Things Were, Codified." Tribal Law Journal 8, 1 (2008). https://digitalrepository.unm.edu/tlj/vol8/iss1/2