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Articles 1 - 12 of 12

Full-Text Articles in Law

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller Oct 2022

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller

Washington Law Review

American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …


Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth Jan 2011

Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth

American Indian Law Review

No abstract provided.


Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen Jan 2011

Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen

American Indian Law Review

The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties - tribal, state, and federal - are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed to federal courts. I offer this piece to propose a new and novel solution - that tribal courts, through a piecemeal process, be extended absolute civil jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most …


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 Jan 2010

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.


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 Jan 2010

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.


Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina Jan 2010

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 …


Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff Jan 2001

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

Publications

No abstract provided.


The Exhausted Doctrine, Letitia Ness Jan 2001

The Exhausted Doctrine, Letitia Ness

American Indian Law Review

No abstract provided.


Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock Jan 1997

Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock

University of Arkansas at Little Rock Law Review

No abstract provided.


Taxation In Indian Country, Richard B. Collins Jun 1988

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Environmental Regulation On Indian Reservations, B. Kevin Gover Jun 1988

Environmental Regulation On Indian Reservations, B. Kevin Gover

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

45 pages.


Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins Jan 1979

Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins

Publications

No abstract provided.