Indigenous, Indian, and Aboriginal Law Commons^™

Paternalism, James W. Nickel

Articles

No abstract provided.

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …

Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal

Articles

This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …

The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson

Articles

Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …

An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.

Articles

No abstract provided.

An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.

Articles

No abstract provided.

Indian Hunting, Fishing And Trapping Rights: The Record And The Controversy, Donald L. Burnett Jr.

Articles

No abstract provided.