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- Tribal sovereignty (8)
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Articles 1 - 21 of 21
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.
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
American Indian Law Review
No abstract provided.
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
American Indian Law Review
No abstract provided.
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
Maine V. Johnson: A Step In The Wrong Direction For The Tribal Sovereignty Of The Passamaquoddy Tribe And The Penobscot Nation, Whitney Austin Walstad
American Indian Law Review
No abstract provided.
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
American Indian Law Review
No abstract provided.
Will States Continue To Provide Exclusivity In Tribal Gaming Compacts Or Will Tribes Bust On The Hand Of The State In Order To Expand Indian Gaming, Katie Eidson
American Indian Law Review
No abstract provided.
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
American Indian Law Review
No abstract provided.
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
American Indian Law Review
No abstract provided.
Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey
Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey
American Indian Law Review
No abstract provided.
Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben
Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben
American Indian Law Review
No abstract provided.
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
"Never Lay A Salmon On The Ground With His Head Toward The River": State Of Washington Sues Yakamas Over Alcohol Ban, Robert J. Haupt
American Indian Law Review
No abstract provided.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson
Indian Water Rights, The Missouri River, And The Administrative Process: What Are The Questions?, John H. Davidson
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1997 Native American Law Student Association Moot Court Competition, Tim Reynon, Paul Echohawk
Winner, Best Appellate Brief In The 1997 Native American Law Student Association Moot Court Competition, Tim Reynon, Paul Echohawk
American Indian Law Review
No abstract provided.
The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna
The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna
American Indian Law Review
No abstract provided.
Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton
Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton
American Indian Law Review
No abstract provided.
Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman
Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman
American Indian Law Review
No abstract provided.
Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis
Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis
American Indian Law Review
No abstract provided.
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
American Indian Law Review
No abstract provided.
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
American Indian Law Review
No abstract provided.