Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

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 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 …


The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek Jan 2010

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 Jan 2010

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 Jan 2009

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 Jan 2008

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2004

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 Jan 2004

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 Jan 2002

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 Jan 2001

"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 Jan 2001

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 Jan 1999

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 Jan 1997

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1991

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 Jan 1982

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 Jan 1982

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.