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Full-Text Articles in Law

It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter Oct 2021

It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter

Faculty Publications

The U.S. Constitution grants the federal government plenary power over American Indian affairs, yet states are increasingly attempting to assert regulatory and tax jurisdiction over tribal businesses. This overreach threatens tribal sovereignty and contravenes the terms of treaties entered between the United States and American Indian tribes. This Article begins by examining the legal foundations of federal, state, and tribal relations. It then examines recent cases across four business sectors - gaming, tobacco sales, petroleum sales, and online lending - in order to illustrate the pervasive jurisdictional challenges faced by courts in cases involving tribal businesses. This Article offers three …


The Validity Of Tribal Checkpoints In South Dakota To Curb The Spread Of Covid-19, Ann Tweedy Jan 2021

The Validity Of Tribal Checkpoints In South Dakota To Curb The Spread Of Covid-19, Ann Tweedy

Faculty Publications

This essay examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb the pandemic may enact stronger protections for their own citizens and territories. May they do so, even when enforcement of these protections causes inconvenience to those simply passing through the reservations and when the regulations affect non-member residents of the reservations? Based on Supreme Court case law, the answer is yes—tribes are within their rights in adopting and enforcing regulations designed to protect their citizens and other reservation residents from a public health emergency.


Icwa International: The Benefits And Dangers Of Enacting Icwa-Type Legislation In Non-U.S. Jurisdictions, Marcia A. Yablon-Zug Feb 2020

Icwa International: The Benefits And Dangers Of Enacting Icwa-Type Legislation In Non-U.S. Jurisdictions, Marcia A. Yablon-Zug

Faculty Publications

For decades, the Indian Child Welfare Act (ICWA) has been considered the “gold standard” in Indigenous child protection. As a result, Indigenous advocates around the world have sought the passage of similar legislation. However, it is far from clear that the benefits of the ICWA are easily exported. The ICWA is based on a recognition of tribal sovereignty. Unfortunately, many of the countries that could benefit from ICWA-type protections do not recognize the sovereignty of their Indigenous populations.

This Article explores how the ICWA would have to be adapted to work in such countries and whether the needed changes would …


Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug Jan 2017

Traditional Problems: Gay Marriage And The Backlash Against Indian Sovereignty, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


Taxation And Doing Business In Indian Country, Erik M. Jensen Jan 2008

Taxation And Doing Business In Indian Country, Erik M. Jensen

Faculty Publications

Furthering investment in Indian country (a term that includes, but is not limited to, reservations) is an important goal, but potential investors are hesitant - and with reason. One disincentive to invest is uncertainty about tax liability. Understanding taxation in Indian country requires knowledge not only of traditional tax law, but also of American Indian law principles dating from the early nineteenth century, and not many practitioners are up to that task. This article tries to make sense, as much as is possible, of the doctrines that have developed over the centuries.

The article first discusses some basics: the concept …


Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle Jan 2002

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.


What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim Jan 1997

What Must Be Done To Achieve The Vision Of The Twenty-First Century Tribal Judiciary, Frank Pommersheim

Faculty Publications

No abstract provided.


The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim Jan 1989

The Crucible Of Sovereignty: Analyzing Issues Of Tribal Jurisdiction, Frank Pommersheim

Faculty Publications

No abstract provided.


The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim Jan 1988

The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim

Faculty Publications

No abstract provided.