Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Federal courts (6)
- Tribal sovereignty (6)
- Tribal jurisdiction (5)
- Indian tribes (3)
- Jurisdiction (3)
-
- Native Americans (3)
- State courts (3)
- Tribal courts (3)
- Assimilation (2)
- Federal Rules of Civil Procedure (2)
- Federal rulemaking (2)
- Fourteenth Amendment (2)
- Indigenous land claims (2)
- Major Crimes Act (2)
- Navajo Nation (2)
- Sovereign immunity (2)
- Tribal court system (2)
- 1938 Federal Rules of Civil Procedure (1)
- Adjudicative jurisdiction (1)
- Administration of juvenile justice (1)
- American Indian Law Center (1)
- American Indian tribes (1)
- American indians (1)
- Antiterrorism and Effective Death Penalty Act (1)
- Arctic Slope Native Ass'n v. Sebelius (1)
- Arizona v. California (1)
- Assimilationist policies (1)
- Authorities (1)
- Authority (1)
- Bear Lodge Multiple Use Ass'n v. Babbitt (1)
- Publication Year
Articles 1 - 30 of 50
Full-Text Articles in Law
Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam
Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam
Oklahoma Law Review
No abstract provided.
Pleadings In A Pandemic: The Role, Regulation, And Redesign Of Eviction Court Documents, Daniel W. Bernal
Pleadings In A Pandemic: The Role, Regulation, And Redesign Of Eviction Court Documents, Daniel W. Bernal
Oklahoma Law Review
No abstract provided.
“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried
“Importing” Restrictions From One Federal Rule Of Evidence Provision To Another: The Limits Of Legitimate Contextual Interpretation In The Age Of Statutes, Edward J. Imwinkelried
Oklahoma Law Review
No abstract provided.
Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg
Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg
Oklahoma Law Review
No abstract provided.
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter
Oklahoma Law Review
No abstract provided.
Citing Sisters: A Study Of The Oklahoma Appellate Courts, Lee F. Peoples
Citing Sisters: A Study Of The Oklahoma Appellate Courts, Lee F. Peoples
Oklahoma Law Review
No abstract provided.
Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy
Inefficient Litigation Over Forum: The Unintended Consequence Of The Jvca’S “Bad Faith” Exception To The Bar On Removal Of Diversity Cases After One Year, E. Farish Percy
Oklahoma Law Review
No abstract provided.
The Disappointing History Of Science In The Courtroom: Frye, Daubert, And The Ongoing Crisis Of “Junk Science” In Criminal Trials, Jim Hilbert
Oklahoma Law Review
No abstract provided.
Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini
Combating Prosecutorial Misconduct In Closing Arguments, Michael D. Cicchini
Oklahoma Law Review
No abstract provided.
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar
Oklahoma Law Review
No abstract provided.
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Oklahoma Law Review
No abstract provided.
Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams
Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams
Oklahoma Journal of Law and Technology
No abstract provided.
Religious Law (Especially Islamic Law) In American Courts, Eugene Volokh
Religious Law (Especially Islamic Law) In American Courts, Eugene Volokh
Oklahoma Law Review
No abstract provided.
The Ball Is In Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt
The Ball Is In Congress's Court: Contract Support Costs Following Ramah, James J. Linhardt
American Indian Law Review
No abstract provided.
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Oklahoma Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
American Indian Law Review
No abstract provided.
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
American Indian Law Review
No abstract provided.
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
American Indian Law Review
A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …
Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster
Understanding The Value Of Judicial Diversity Through The Native American Lens, Paige E. Hoster
American Indian Law Review
No abstract provided.
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Oklahoma Law Review
The complete diversity rule is broken. Although easily applied in theory (federal courts can exercise subject matter jurisdiction over an action on diversity grounds only when no party is of the same citizenship as any adverse party), over time the number of judicially and legislatively created exceptions to the rule, as well as their varying and inconsistent application by the federal courts, has created an environment in which similarly situated parties are treated differently based solely on the forum in which the litigation is brought. In the removal context, depending upon the forum in which an action is filed, a …
Unlikely To Succeed: How The Second Circuit's Adherence To The Serious Questions Standard For The Granting Of Preliminary Injunctions Contradicts Supreme Court Precedent And Turns And Extraordinary Remedy Into An Ordinary One, Jacob S. Crawford
Oklahoma Law Review
No abstract provided.
This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson
This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson
American Indian Law Review
No abstract provided.
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth
Defending The "Indefensible": Replacing Ethnocentrism With A Native American Cultural Defense, Megan H. Dearth
American Indian Law Review
No abstract provided.
Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen
Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen
American Indian Law Review
The 2010 passage of the Tribal Law and Order Act will invest significantly more resources in tribal courts. As tribal courts expand, conflicts between sovereignties - tribal, state, and federal - are likely to occur with much greater frequency. Tribal court civil jurisdiction over non-Indians will be among the issues most frequently appealed to federal courts. I offer this piece to propose a new and novel solution - that tribal courts, through a piecemeal process, be extended absolute civil jurisdiction over non-Indians for those civil offenses over which tribes have the greatest interest. This article takes one of the most …
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt
Oklahoma Law Review
No abstract provided.
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.
The Ninth Circuit Court Of Appeals' Enforcement Of The Fair Labor Standards Act In Solis V. Matheson: A Discussion Of Laws Of General Applicability And Their Impact On Tribal Sovereignty And Independence, Doug Nix
American Indian Law Review
No abstract provided.
Displacing The Judiciary: Customary Law And The Threat Of A Defensive Tribal Council: A Book Review Of Raymond D. Austin, Navajo Courts And Navajo Common Law: A Tradition Of Tribal Self-Governance (2009), Ezra Rosser
American Indian Law Review
No abstract provided.
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
American Indian Law Review
No abstract provided.