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Articles 1 - 30 of 53
Full-Text Articles in Law
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker
Oklahoma Law Review
No abstract provided.
Mind The Gap: Issues With And Solutions To Oklahoma’S Appellate Jurisdiction As Exposed By Lockett V. Evans, Jonathan Bryant
Mind The Gap: Issues With And Solutions To Oklahoma’S Appellate Jurisdiction As Exposed By Lockett V. Evans, Jonathan Bryant
Oklahoma Law Review
No abstract provided.
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson
Closing Time: Removing The State Of Oklahoma From Alcohol Regulation In Indian Country, Ryan Wilson
Oklahoma Law Review
No abstract provided.
The Jurisdictional Boundary Between The Oklahoma Supreme Court And The Court Of Criminal Appeals: Blurred Lines, Greg Eddington
The Jurisdictional Boundary Between The Oklahoma Supreme Court And The Court Of Criminal Appeals: Blurred Lines, Greg Eddington
Oklahoma Law Review
No abstract provided.
Nothing Personal (Or Subject Matter) About It: Jurisdictional Risk As An Impetus For Non-Tribal Opt-Outs From Tribal Economies, And The Need For Administrative Response, Joel Pruett
American Indian Law Review
No abstract provided.
Analysis Of A Bias-Based Exception To The Doctrine Of Exhaustion In Wilson V. Bull, R. Mitchell Mcgrew
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.
Kiobel And Extraterritoriality: Here, (Not) There, (Not Even) Everywhere, Edward T. Swaine
Kiobel And Extraterritoriality: Here, (Not) There, (Not Even) Everywhere, Edward T. Swaine
Oklahoma Law Review
No abstract provided.
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
American Indian Law Review
No abstract provided.
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters
Off The Beaten Path? The Ninth Circuit's Approach To Tribal Courts' Civil Jurisdiction Over Nonmember Defendants, Jacob R. Masters
American Indian Law Review
No abstract provided.
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri
American Indian Law Review
No abstract provided.
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Article Iii And Removal Jurisdiction: The Demise Of The Complete Diversity Rule And A Proposed Return To Minimal Diversity, Rodney K. Miller
Oklahoma Law Review
The complete diversity rule is broken. Although easily applied in theory (federal courts can exercise subject matter jurisdiction over an action on diversity grounds only when no party is of the same citizenship as any adverse party), over time the number of judicially and legislatively created exceptions to the rule, as well as their varying and inconsistent application by the federal courts, has created an environment in which similarly situated parties are treated differently based solely on the forum in which the litigation is brought. In the removal context, depending upon the forum in which an action is filed, a …
Creating Bright-Line Rules For Tribal Court Jurisdiction Over Non-Indians: The Case Of Trespass To Real Property, Grant Christensen
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 …
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein
Oklahoma Law Review
No abstract provided.
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
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 …
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley
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.
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
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
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
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.
From The World Court To Oklahoma Court: The Significance Of Torres V. State For International Court Of Justice Authority, Individual Rights, And The Availability Of Remedy In Vienna Convention Disputes, Heather L. Finstuen
Oklahoma Law Review
No abstract provided.
A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark
A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark
Oklahoma 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.
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes
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
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.
Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding
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
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.
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
Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley
American Indian Law Review
No abstract provided.