Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges,
2010
University of Colorado Law School
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
Publications
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from 1959 …
Introduction To The South Dakota Law Review's 2010 Symposium Issue,
2010
Benjamin N. Cardozo School of Law
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Articles
No abstract provided.
Indian Water Rights, Practical Reasoning, And Negotiated Settlements,
2010
University of Washington School of Law
Indian Water Rights, Practical Reasoning, And Negotiated Settlements, Robert T. Anderson
Articles
This Article first reviews the few Indian water rights cases that the U.S. Supreme Court has decided. The Article then traces a threshold issue common to Indian water rights litigation in the federal and state courts: how to determine the purposes of a reservation for which a reserved water right should be implied. A review of major Indian water rights cases demonstrates the generally confusing state of the law in significant respects, especially with regard to the "purposes" determination.
This Article posits that the relative uncertainty in this area has created an environment in which creative, practical solutions to conflicts …
