Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Tribal sovereignty (3)
- Indian tribes (2)
- Tribal jurisdiction (2)
- Adjudicative jurisdiction (1)
- Book review (1)
-
- Bright-line-rule (1)
- Choice-of-law rules (1)
- Congress (1)
- Fair Labor Standards Act (1)
- Federal criminal jurisdiction (1)
- Federal jurisdiction (1)
- Federal statutes (1)
- Indian Country Crimes Act (1)
- Indian law principles of preemption (1)
- Indian self-determination (1)
- Indian self-government (1)
- Indian status (1)
- Jurisdiction (1)
- Legislative jurisdiction (1)
- Major Crimes Act (1)
- Navajo Courts and Navajo Common Law (1)
- Navajo Nation (1)
- Navajo Nation Supreme Court (1)
- Navajo common law (1)
- Ninth Circuit Court of Appeals (1)
- Raymond D. Austin (1)
- Self-determination (1)
- Solis v. Matheson (1)
- Sovereign immunity (1)
- State courts (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
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 …
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek
American Indian Law Review
No abstract provided.
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence, Doug Nix
American Indian Law Review
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
American Indian Law Review
No abstract provided.