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Articles 1 - 18 of 18
Full-Text Articles in Law
Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick
Tribal Criminal Jurisdiction Beyond Citizenship And Blood, Addie C. Rolnick
American Indian Law Review
No abstract provided.
The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty
The Use Of The Alaskan Native Claims Settlement Act To Justify Disparate Treatment Of Alaska's Tribes, Natalie Landreth, Erin Dougherty
American Indian Law Review
No abstract provided.
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 …
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.
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
Bittle V. Bahe: A Drunken Mistake, Brian Alan Burget
American Indian Law Review
No abstract provided.
The Exhausted Doctrine, Letitia Ness
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
American Indian Law Review
No abstract provided.
Cases: United States V. Weaselhead; Dawavendewa V. Salt River Project Agricultural Improvement And Power District; Austin's Express, Inc. V. Arneson;
American Indian Law Review
No abstract provided.
Indians: Modern Tribal Jurisdiction Over Non-Indian Parties: The Supreme Court Takes Another Bite Out Of Tribal Sovereignty In Strate V. A-1 Contractors, Aaron S. Duck
Oklahoma Law Review
No abstract provided.
Indian Probate: Can An Adopted Indian Child Receive Trust Property As An "Heir Of The Body" Under Indian Will?, S. Gail Gunning
Indian Probate: Can An Adopted Indian Child Receive Trust Property As An "Heir Of The Body" Under Indian Will?, S. Gail Gunning
American Indian Law Review
No abstract provided.
Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh
Tribal Jurisdiction Over Indian Children: Mississippi Band Of Choctaw Indians V. Holyfield, Diane Allbaugh
American Indian Law Review
No abstract provided.
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
American Indian Law Review
No abstract provided.
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
American Indian Law Review
No abstract provided.
Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott
Zoning: Controlling Land Use On The Checkerboard: The Zoning Powers Of Indian Tribes After Montana V. United States, Jane E. Scott
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.
Inherent Indian Sovereignty, Jessie D. Green, Susan Work
Inherent Indian Sovereignty, Jessie D. Green, Susan Work
American Indian Law Review
No abstract provided.