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Full-Text Articles in Law
Two Promises, Two Propositions: The Wheeler-Howard Act As A Reconciliation Of The Indian Law Civil War, Bradley B. Furber
Two Promises, Two Propositions: The Wheeler-Howard Act As A Reconciliation Of The Indian Law Civil War, Bradley B. Furber
Seattle University Law Review
This Article argues that current Supreme Court reasoning concerning the reserved powers of state governments undermines Supreme Court reasoning with respect to the retained powers of tribal governments. This Article also argues that tribal assertions of power over nonmembers constitute "state action" and, as such, should be subject to constitutional due process and equal protection constraints. Third, this Article will apply its thesis by discussing and critiquing a recent Supreme Court decision concerning tribal zoning authority over nonmembers. Fourth, the Article posits an explicit theory concerning tribal governmental powers that is consistent with the legislative history of the Wheeler-Howard Act …
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Seattle University Law Review
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …