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Articles 1 - 30 of 45
Full-Text Articles in Entire DC Network
Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew
Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew
American Indian Law Review
No abstract provided.
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
American Indian Law Review
No abstract provided.
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
State V. Jim: A New Era In Washington's Treatment Of The Tribes?, Matthew Deisen
American Indian Law Review
No abstract provided.
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri
American Indian Law Review
No abstract provided.
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
American Indian Law Review
No abstract provided.
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins
American Indian Law Review
No abstract provided.
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
Formalism And Judicial Supremacy In Federal Indian Law, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
American Indian Law Review
No abstract provided.
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
American Indian Law Review
No abstract provided.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
American Indian Law Review
No abstract provided.
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
American Indian Law Review
No abstract provided.
Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz
Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz
American Indian Law Review
No abstract provided.
Validity Of A State Court's Exercise Of Concurrent Jurisdiction Over Civil Actions Arising In Indian Country: Application Of The Indian Abstention Doctrine In State Court, John J. Harte
American Indian Law Review
No abstract provided.
Protecting Profits Derived From Tribal Resources: Why The State Of Utah Should Not Have The Power To Tax Non-Indian Oil And Gas Lessees On The Navajo Nation's Aneth Extension: Texaco, Exxon, And Union Oil V. San Juan County School District--A Case Study, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham
Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham
American Indian Law Review
No abstract provided.
American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy
American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy
American Indian Law Review
No abstract provided.
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
American Indian Law Review
No abstract provided.
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
American Indian Law Review
No abstract provided.
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
American Indian Law Review
No abstract provided.
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits
American Indian Law Review
No abstract provided.