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Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
University of Michigan Journal of Law Reform
This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Between Skylla And Charybdis: The Eleventh Circuit Rushes Toward Disaster In Tucker V. Kemp, Marshall Dayan
Antioch Law Journal
In January 1983, the United States Court of Appeals for the Eleventh Circuit decided the case of Hance v. Zant. Establishing a stringent standard apparently in line with the Supreme Court's requirement of heightened reliability in capital cases, the Eleventh Circuit reversed Hance's death sentence. The court held, inter alia, that the prosecutor's inflammatory closing argument at the end of the sentencing phase of the trial was violative of the eighth and fourteenth amendments. Six months later, in a group of four other death penalty cases, the United States Supreme Court dismissed challenges to the sentencing process.2 The Court held …
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Michigan Law Review
This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …
The Emerging "Victim Factor" In The Supreme Court's Criminal Jurisprudence: Should Victims' Interests Ever Prevent A Court From Overturning A Conviction And Ordering A Retrial?, Roger A. Pauley
Indiana Law Journal
No abstract provided.