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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 …
Introduction To Indian Law Symposium. Indian Law And Policy: The Historian's Viewpoint, Rennard Strickland
Introduction To Indian Law Symposium. Indian Law And Policy: The Historian's Viewpoint, Rennard Strickland
Washington Law Review
One purpose of this special section is to bring new and fresh perspectives to the field of Indian law. The editors hope to create a broader understanding of the concerns of the Indian, the non-Indian community, the states, and the federal government. I hope to give you a look from yet another viewpoint, the historian's viewpoint. To historians there is the appearance of great circularity yet underlying continuity in the course of Indian law and policy. In this brief introduction I want to convey to you something of that historian's viewpoint in the hope that these new perspectives on Indian …
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Washington Law Review
In 1978 the Supreme Court in Oliphant v. Suquamish Indian Tribe held that the retained sovereignty of Indian tribes over tribal reservations does not include the power to punish non-Indians who commit offenses against tribal law.' Based on a number of facts and premises, the Court concluded that it had been assumed from the beginning that the tribes lack this authority except where expressly recognized or conferred by treaty provision or act of Congress. The Court also relied on the fact that during the formative years few Indian tribes had the governmental structure necessary to comply with Anglo-American requirements of …
Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh
Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh
Washington Law Review
This article will consider the most important Indian tax decisions, comparing the intended results of the decisions in the context of congressional Indian law with their probable economic consequences. Part II briefly reviews the main factors essential for proper economic evaluation of a tax. Part III critically surveys recent law of federal taxation of reservation wealth. Part IV similarly surveys and criticizes decisions regarding state taxation of reservation wealth. Part V offers alternate resolutions for state-Indian taxation disputes. In Part VI, the article proposes a framework for applying tax economics productively to the problem of meeting tribal revenue needs.
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Washington Law Review
This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.
Tribal Preemption, Eric R. Biggs
Tribal Preemption, Eric R. Biggs
Washington Law Review
This comment analyzes the sources for the tribal preemption doctrine and the application of the doctrine. Because preemption necessarily involves a conflict between entities which seek to assert jurisdiction over the same subject matter, the general contours of jurisdiction over Indians must first be examined. The comment then discusses the federal preemption doctrine in order to explain more fully the aspects of tribal preemption which rest upon federal preemption. After an examination of how tribal preemption is applied in various settings, the comment will briefly look at the possibilities of partial tribal preemption. Finally, the comment concludes that a two-step …