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Articles 1 - 20 of 20
Full-Text Articles in Law
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Arkansas Law Review
This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …
Criminal Justice In Indian Country, M. Alexander Pearl
Criminal Justice In Indian Country, M. Alexander Pearl
Faculty Publications
This Article examines the role played by different enacted legislation on California’s Indian tribes criminal justice system. For centuries, tribal governments were the only entities with criminal jurisdiction in Indian Country. In 1883, the Supreme Court in Ex parte Kan-Gi-Shun-Ka (Ex parte Crow Dog) confirmed that a crime committed by an Indian against another Indian did not give rise to federal jurisdiction. In response, Congress passed the Major Crimes Act, granting federal authorities the power to investigate, enforce, and prosecute certain crimes occurring in Indian Country. The federal statutes creating federal jurisdiction did not preclude tribal jurisdiction, but states …
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega
Jay Kanassatega
The origination and evolution of the abstention doctrine illustrates how the United States Supreme Court has created a workable balance of concurrent federal-state judicial power in circumstances where state law and state policies predominated and accommodated vital federal policy interests. Acknowledging the recent debate among scholars and commentators as to the wisdom of the abstention doctrine, this article advocates in favor of the creation of another application of the doctrine — one that acknowledges both the sovereignty of the American Indian tribes and their democratic governments and the inherent conflict arising from three sovereigns exercising concurrent jurisdiction over the same …
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson
Articles
This Article canvasses the jurisdictional rules applicable in American Indian tribal territories-"Indian country." The focus is on a federal law passed in the 1950s, which granted some states a measure of jurisdiction over Indian country without tribal consent. The law is an aberration. Since the adoption of the Constitution, federal law preempted state authority over Indians in their territory. The federal law permitting some state jurisdiction, Public Law 280, is a relic of a policy repudiated by every President and Congress since 1970. States have authority to surrender, or retrocede, the authority granted by Public Law 280, but Indian tribal …
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.
Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill
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.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
American Indian Law Review
No abstract provided.
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
26 pages.
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Publications
No abstract provided.
Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor
Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor
US Government Documents related to Indigenous Nations
Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …
Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun
Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun
US Government Documents related to Indigenous Nations
Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
American Indian Law Review
No abstract provided.
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
The Supreme Court, Tribal Sovereignty, And Continuing Problems Of State Encroachment Into Indian Country, Clifford M. Lytle
American Indian Law Review
No abstract provided.
The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem
The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem
American Indian Law Review
No abstract provided.
Taxation: State Possessory Interest Tax, Patrick E. Powers Jr.
Taxation: State Possessory Interest Tax, Patrick E. Powers Jr.
American Indian Law Review
No abstract provided.
Jurisdiction: Public Law 280--Local Regulation Of Protected Indian Lands, Louis D. Persons Ii
Jurisdiction: Public Law 280--Local Regulation Of Protected Indian Lands, Louis D. Persons Ii
American Indian Law Review
No abstract provided.
Bryan V. Itasca County, Us Supreme Court, William J. Brennan
Bryan V. Itasca County, Us Supreme Court, William J. Brennan
US Government Documents related to Indigenous Nations
This United States (US) Supreme Court case, decided June 14, 1976, provided clarity on the jurisdiction granted by US Public Law 280 in regard to taxation of the personal property of reservation Indians. In 1972, petitioner Russell Bryan, enrolled member of the Minnesota Chippewa Tribe residing on the Leech Lake Reservation in Minnesota, received a notice of taxation on his home from Itasca County, Minnesota. Bryan filed suit to Minnesota district court which ruled in favor of Itasca County. Although US Public Law 280 does not specifically address taxation, the district court based its decision on US Public Law 280, …