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Full-Text Articles in Law
The Tribal Right To Exclude Non-Tribal Members From Indian-Owned Lands, Alexander Tallchief Skibine
The Tribal Right To Exclude Non-Tribal Members From Indian-Owned Lands, Alexander Tallchief Skibine
Utah Law Faculty Scholarship
In 1981, the Supreme Court issued its decision in Montana v. United States, severely restricting the ability of Indian Tribes to assume civil regulatory and adjudicatory jurisdiction over non-tribal members for activities taking place on non-Indian lands within Indian reservations. The Court in Montana stated that “it could readily agree” with the Court of Appeals’ holding that the tribe could regulate the conduct of non-member on tribal lands. Yet, twenty years later, the Court issued its opinion in Nevada v. Hicks holding that in certain circumstances, the jurisdiction of Indian tribes could also be limited even if the activities of …
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Utah Law Faculty Scholarship
Internal Revenue Code § 170(h)(5)(A) requires that the conservation purpose of a deductible conservation easement be “protected in perpetuity.” This article explains how the protected-in-perpetuity requirement should limit the parties’ ability to reserve the right to make post-donation changes to the terms of a deductible easement.