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Indigenous, Indian, and Aboriginal Law
University of Colorado Law School
- Keyword
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- Tribal courts (2)
- American Indian law (1)
- Common law (1)
- Criminal Justice (1)
- Equal Protection (1)
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- Federal Indian law (1)
- Indian Child Welfare Act (1)
- Indian Country (1)
- Jurisdiction (1)
- Major Crimes Act (1)
- National Farmers Union v. Crow Tribe (1)
- Native American courts (1)
- Native Americans -- Tribal law (1)
- Nonmembers (1)
- Plenary Power (1)
- Sovereignty (1)
- Supreme Court (1)
- Tribal Law and Order Act (1)
- Tribal jurisdiction (1)
- Unconstitutional (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg
In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg
University of Colorado Law Review
International relations theory suggests some new ways of thinking about the conflict between states and tribes over jurisdiction in Indian country. Realists portray the struggle as a clash of self-interested political actors, with the most powerful prevailing. Norms-driven theory suggests that perceptions of which legal system satisfies widely accepted standards for fair and effective justice will determine which entity is allowed jurisdiction. Since norms-driven analysis seems more prevalent in Supreme Court decisions, this Article pursues its implications for tribal-state jurisdictional conflicts, finding that federal courts and other decisionmakers seem to favor state over tribal jurisdiction because state jurisdiction is perceived …
Finding The Indian Child Welfare Act In Unexpected Places: Applicability In Private Non-Parent Custody Actions, Jill E. Tompkins
Finding The Indian Child Welfare Act In Unexpected Places: Applicability In Private Non-Parent Custody Actions, Jill E. Tompkins
University of Colorado Law Review
In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused and neglected Indian children is on the rise. Consequently, state child welfare agencies are overwhelmed, and caseworkers are only able to intervene in the most egregious situations. This understaffing of state agencies forces other family members and non-relatives to step in and care for these children. The federal Indian Child Welfare Act of 1978 ("ICWA") was enacted by the United States Congress to stem the removal, often unwarranted, of an alarmingly high percentage of Indian children from their families through …
Keynote Address At The University Of Colorado Law Review Symposium: "The Next Great Generation Of American Indian Law Judges, Kevin K. Washburn
Keynote Address At The University Of Colorado Law Review Symposium: "The Next Great Generation Of American Indian Law Judges, Kevin K. Washburn
University of Colorado Law Review
No abstract provided.
Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher
Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher
University of Colorado Law Review
This Paper is part of a call for a paradigm-shifting reexamination by Indian tribes and Indian people about their place in the American constitutional structure. For tribal advocates to prevail in the federal judiciary, they must force federal judges to rethink everything they know about federal Indian law. There are at least two ways to do this. Tribal advocates and American Indian law scholars must first establish a baseline of knowledge and information about the realities of Indian country in the twenty-first century. This work is nascent and ongoing, if not burgeoning, but frankly is far from enough. A second …
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
University of Colorado Law Review
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet indepth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …
Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle
Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle
University of Colorado Law Review
In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is "separate but unequal" and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands. It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles. This Article traces the historical foundations …