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State and Local Government Law

University of Oklahoma College of Law

Journal

Jurisdiction

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina Jan 2010

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 …


Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence Jan 1982

Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence

American Indian Law Review

No abstract provided.