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The Puyallup Indians And The Reservation Disestablishment Test, Richard M. Slagle
The Puyallup Indians And The Reservation Disestablishment Test, Richard M. Slagle
Washington Law Review
This comment considers whether the Puyallup Indian Reservation was disestablished when it was opened near the turn of the century for settlement by non-Indians. Although the Ninth Circuit Court of Appeals has held that "the Puyallup Indian Reservation continues to exist," subsequent dictum of the United States Supreme Court casts doubt upon the continuing validity of this holding. The question of the reservation's continued existence has also been raised in recent litigation. After reviewing the Puyallup Indian Reservation's history and analyzing it in the context of Supreme Court decisions concerning disestablishment, this comment concludes that the Puyallup Indian Reservation was …
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Washington Law Review
This comment will examine one of the most critical aspects of the civil jurisdiction issue—tribal jurisdiction to exercise land use planning and zoning control. With such jurisdiction, a tribe may regulate or prohibit the development of reservation lands, and thus exercise a measure of control over the future of its reservation. Without zoning jurisdiction, most tribes would be forced to submit to the judgments of non-Indians about the uses of reservation lands. An introduction to the history and patterns of land ownership on Indian reservations is important to an understanding of the clashes between Indian and non-Indian reservation residents. Equally …
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington Law Review
In April 1977 a Ninth Circuit panel in Yakima I 5 ruled that R.C.W. ch. 37.12 violates the equal protection clause of the fourteenth amendment. The Supreme Court, in accepting review, has instructed the parties to prepare briefs on both the equal protection challenge and the issue of Washington's compliance with PL-280.17 Several Washington tribes have contended that R.C.W. ch. 37.12 fails to comply with PL-280 because (1) Washington failed to amend its constitution in order to remove a disclaimer of jurisdiction on Indian lands 18 and (2) PL-280 does not permit the assumption of partial jurisdiction by a state. …