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Articles 1 - 13 of 13

Full-Text Articles in Jurisdiction

Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew Jan 2016

Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew

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 Jan 2011

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 …


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 …


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.


Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins Jan 2008

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.


The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren Jan 2005

The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren

American Indian Law Review

No abstract provided.


The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear Jan 1995

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.


Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham Jan 1993

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.


Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq. Jan 1991

Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.

American Indian Law Review

No abstract provided.


Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley Jan 1991

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.


Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis Jan 1982

Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis

American Indian Law Review

No abstract provided.


Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns Jan 1978

Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns

American Indian Law Review

No abstract provided.


Jurisdiction: Exhaustion Of Remedies And The Status Of Tribal Courts, Sue Salmon Jan 1976

Jurisdiction: Exhaustion Of Remedies And The Status Of Tribal Courts, Sue Salmon

American Indian Law Review

No abstract provided.