Jurisdiction Commons^™

Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey

Indiana Law Journal

No abstract provided.

An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted

American Indian Law Review

No abstract provided.

Cases

American Indian Law Review

No abstract provided.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson

School of Law Faculty Publications

This article describes the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).

Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth

BYU Law Review

This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

Once More Into The Maze: United States V. Lopez, Tribal Self-Determination, And Federal Conspiracy Jurisdiction In Indian Country, Richard W. Garnett

Journal Articles

From the Introduction

This Article may not tie up this loose end to everyone's satisfaction, but it should contribute to a better understanding of federal criminal jurisdiction in Indian Country, through detailed examination of the relevant caselaw, animated by reflection on first principles. Part II lays out a few, very general, "big ideas" concerning the crucial connection between jurisdiction - especially criminal jurisdiction - and community self-determination. Part III provides specific background, and introduces the complicated rubric of federal criminal jurisdiction in general, and of jurisdiction in Indian Country in particular. Part IV examines the possible bases, or "hooks," for …

D.M. Gray Co, Inc., V. Deroche D/B/A Starr Construction, 94-Ap-25 (Blkft. Tr. Ct. App., March 6, 1995), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court reversed and remanded case for improper service when service was improperly made to a minor. Ch. 9, Rule 12: Service of Process, states that service may be made “upon an individual other than a minor under the age of sixteen, or an incompetent person, by delivering a copy of the summons or notice of action, and give the complaint to him personally, or by leaving copies thereof where he lives with an adult living there, or by delivering a copy of the summons or notice of action and of the complaint …

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.

Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding

American Indian Law Review

No abstract provided.

State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams

BYU Law Review

No abstract provided.

The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder

Articles & Book Chapters

The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.

Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.

American Indian Law Review

No abstract provided.

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.

Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

44 pages.

Contains 2 pages of footnotes.

Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

Conference speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Virtually all western states now provide some kind of legal recognition for instream flows. On March 31-April 1, the Natural Resources Law Center will present a symposium on the different approaches taken in these states, with emphasis on such major issues as the purposes for instream flows, the quantities of water needed for these purposes, enforcement of instream flow rights, federal instream flow claims, private instream flow claims, and transferring consumptive water rights to instream flow rights. Speakers include representatives from state agencies …

Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen

BYU Law Review

No abstract provided.

Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence

Campbell Law Review

No abstract provided.

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

Repositioning Arizona Lands, D. Dean Bibles

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

10 pages.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.