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Full-Text Articles in Law
Indigenous Self-Determination In Latin America, Ángel Oquendo
Indigenous Self-Determination In Latin America, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger
Justice And The Outsider: Jurisdiction Over Nonmembers In Tribal Legal Systems, Bethany Berger
Faculty Articles and Papers
Over the last quarter century, the Court has progressively limited tribal jurisdiction over both non-Indians and Indians who are not members of the tribe. The Article examines these decisions to show that they owe less to established Indian law doctrine than to two assumptions: first, that tribal courts will be unfair to outsiders and second, that jurisdiction over outsiders has little to do with tribal self-government. It then tests these assumptions against an examination of all cases decided by the Navajo Nation appellate courts over the last thirty-five years and the history and contemporary situation of tribal legal systems. This …