Litigation involving Indian tribal and state jurisdiction



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Written in English
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Subjects:

  • Indians of North America -- Legal status, laws, etc,
  • Indians of North America -- Government relations

Edition Notes

  Defensive litigation that is routinely handled by the U.S. Attorney’s Office includes personal injury, motor vehicle and medical malpractice litigation pursuant to the Federal Tort Claims Act, Employment Discrimination cases filed against federal agencies pursuant to Title VII of the Civil Rights Act of , Bankruptcy and defensive mortgage.   The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi Band of Choctaw Indians J John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually.   Diamond, James, Practicing Indian Law in Federal, State, and Tribal Criminal Courts and an Update on Recent Expansion of Criminal Jurisdiction Over Non-Indians (Janu ). Criminal Justice, Vol Number 4, Winter Author: James D. Diamond. In addition to tax issues, we have successfully represented tribes in preventing state courts and state officials, including those having PL jurisdiction, from asserting jurisdiction over disputes that arise in Indian country or where the assertion of state jurisdiction would undermine tribal rights and interests.

Tribal court did not have jurisdiction over case involving automobile accident that occurred on-reservation, but involved non-Indians on a state highway. Nevada v. Hicks, U.S. (). The Court held that a tribal court did not have jurisdiction over a civil rights lawsuit brought against a nonIndian, state -File Size: KB. The tribal ordinance conferring jurisdiction on the Tribal Court was authorized by § 16 of the Indian Reorganization Act, 25 U.S.C. Consequently, it implements an overriding federal policy which is clearly adequate to defeat state jurisdiction over litigation involving reservation Indians. Litigation involving Indian tribal and state jurisdiction (Title ) Lore and lure of eastern Oklahoma (Title ) Lower Brule and Crow Creek Indian tribes, South Dakota (Title ) Lower Brule and Crow Creek Indian Tribes, South Dakota (Title ) Making the warrior a worker (Title ) Manual for the Indian school service (Title ). State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however. State trust lands stem from .

  For the period from Decem to Ap , the Indian Claims Section bore much of the burden for defending the numerous suits for money damages – most involving historical claims arising on or before Aug (the cutoff date for jurisdiction under the Indian Claims Commission Act), but also others involving claims.   In addition to jurisdiction, tribes also have the right to have their own court systems, tribal law enforcement, and specific tribal codes that handle issues that arise on tribal land. Being sovereign also recognizes that tribes have a government-to-government .

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Litigation involving Indian tribal and Litigation involving Indian tribal and state jurisdiction book jurisdiction. [Floyd L France] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts # United States Attorneys\' Conference on Indian Litigation ( Phoenix, Ariz.).

The decision of whether a Tribal court or State court has exclusive or concurrent jurisdiction in a paternity case is influenced by a number of factors: whether the State is a Public Law State with civil jurisdiction over domestic matters, whether the mother and alleged father are members of the same Tribe, whether one party is an Indian.

Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward : Johnson v.

McIntosh; Cherokee Nation v. Tribal Litigation involving Indian tribal and state jurisdiction book over Nonmembers: A Legal Overview Congressional Research Service 2 land It is unclear, however whether the power to exclude is independent of the Montana exceptions Tribes may also exercise jurisdiction over nonmembers when Congress authorizes them to do so.

This is a list of U.S. Supreme Court cases involving Native American ed in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.

jurisdiction over non-Indians and people who are not members of a given Indian nation. JURISDICTION IN GENERAL There are generally three kinds of jurisdiction—territorial, subject matter, and personal. There is a fourth kind of Indian Country jurisdiction that is limited to Indians—status jurisdiction, arising out of tribal Size: 44KB.

Congress has granted criminal jurisdiction in Indian country to the federal courts in certain circumstances, including the following: General Crimes Act (18 U.S.C.§ ): This federal statue (enacted in and set forth below) provides that the federal courts have jurisdiction over interracial crimes committed in Indian country as set.

Choosing Tribal Law: Why State Choice-of-Law Principles Should Apply to Disputes with Tribal Contacts Abstract The Supreme Court has, in recent years, developed a detailed set of rules governing whether cases with tribal contacts should be heard in a state or tribal.

Tribal courts are courts of general jurisdiction which continue to have broad criminal jurisdiction. The general rule is that states have no jurisdiction over the activities of Indians and tribes in Indian country.

Public Law (PL ) created an exception to this rule in certain states. The U.S. Congress gave these states criminal. Subject Matter Jurisdiction And Creative Civil Remedies for Native Victims In Tribal Courts by Hallie Bongar White, Kelly Gaines Stoner, and James G.

White In the Census million people (% of the million people in the United States) listed themselves as American Indian or as American Indian in combination with some other Size: KB.

Seminole Tribe, So. 2d (Fla. 4th DCA ) (circuit court lacked subject matter jurisdiction in cases involving taxability of Indian ventures on Indian land), and Seminole Police Department v. Casadella, So. 2d (Fla. 4th DCA ) (state courts lack subject matter jurisdiction in case involving wrongful arrest by tribal police.

not state courts – have jurisdiction over injuries occurring on tribal lands. And tribal law – both substantive and procedural – governs tort claims arising in a tribal casino instead of state law.1 There are nine federally recognized Indian tribes in Oregon, each with its File Size: KB.

American Indian > Litigation for Indian Tribes Akin Gump Strauss Hauer & Feld LLP’s nationally and internationally recognized litigation practice represents clients in civil and criminal proceedings in federal, state, appellate, international and tribal courts of law. Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets.

Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government.

The purpose of the Idaho Tribal-State Court Bench Book () is to provide a usable resource to judges in Tribal Courts and State Courts in the administration of justice.

1 The BenchFile Size: KB. General Federal laws for the punishment of non-Indian crimes are upheld on Tribal lands; Indian offenses remain under Tribal jurisdiction. Assimilative Crimes Act: 18 U.S.C. § 13; Extends coverage through Federal enforcement of certain state criminal laws in certain Federal Size: KB.

in PL state, tribal jurisdiction is exclusive where a child is already the ward of a tribal court. Further, ICWA recognizes presumptive tribal jurisdiction over cases involving Indian children who are not already wards of a tribal court.

Effect on Jurisdiction in DV cases and ability to enforce protective ordersFile Size: KB. Tribal court jurisdiction over non-members residing in an Indian or Native community may also be desirable. However, a tribal court's jurisdiction over non-members is subject to a patchwork of legal opinions, most of which are fact-intensive or otherwise result in limited guidance in this area.

Tribal Education. Indian Child Welfare (ICW) Religion & Sacred Places. International Indigenous Rights. Indigenous Peacemaking. Jurisdiction in Indian Country. Prisoner Issues. Environment & Climate Change. Water Rights & Indian Land. THE CONSTITUTION OF THE UNITED STATES APPLIES TO INDIAN TRIBES James A.

Poore HI* I. ISSUE The scope of Indian jurisdiction has again been addressed by the United States Supreme Court in Strate v. A-1 Contractors.1 Strate held that the tribal court of the Fort Berthold Indian. ] Diversity Jurisdiction and American Indian Tribal Corporations tribe and the "corporate tribe," which often affects whether a court can exercise diversity jurisdiction.

Part II identifies five ways of de-termining the state citizenship of corporations formed under tribal law that have been suggested in the existing case : Graham Safty.

American Indian Law Resources: Litigation Jurisdiction: The State of California (as well as certain other states) has concurrent criminal and civil jurisdiction over crimes and causes of action arising in Indian Country.

(18 USC § and 28 USC § ). Indian Country is defined in 18 USC §). This creates a somewhat complex issue of. the civil jurisdiction of tribal governments.

This paper begins with a general description of tribal civil jurisdiction as recognized by the courts of the United States prior to Secondly, the paper traces the development of federal common law of tribal civil jurisdiction over nonmembers and suggests analysis of.

Most limitations on tribal civil jurisdiction arise from tribal constitutions and codes themselves, or—and this is the abrogation noted above—from the application of the federal Indian Civil Rights Act, which imposes U.S. Constitution-like outer limits on the exercise of tribal authority.

The courts of the State of New York under the laws of such State shall have jurisdiction in civil actions and proceedings between Indians or between one or more Indians and any other person or persons to the same extent as the courts of the State shall have jurisdiction in other civil actions and proceedings, as now or hereafter defined by the laws of such State: Provided, That the governing.

American Indian Law Deskbook, Fourth Edition Book Description: A collaborative effort from attorney general offices faced daily with legal questions involving state and tribal relations, the American Indian Law Deskbook, Fourth Edition is an up-to-date, comprehensive treatise on Indian law.

Tribal Court Jurisdiction in Dissolution-Based Custody Proceedings Lesley M. Wexlert With the rise of non-Indian1 populations on reservations2 and movement of families on and off reservations,3 courts must in- creasingly resolve jurisdictional disputes between states and.

One arm of the Department of Justice, the Community Relations Service (CRS), carries out the policy on Indian Sovereignty and Government to Government Relations with Indian Tribes by the use of mediation, rather than through enforcement or litigation.

CRS provides mediation and conflict resolution services to Tribal governments, law enforcement, and communities on and off the reservation, when. and often ambiguous overlap of federal, state, and tribal jurisdiction in Indian country left each component of the system uncertain as to the extent of its authority.

2 The Task Force concluded that the root of many of the problems of Indian country law enforcement was the confusion caused by the very federal laws intended to establish clear. The tribal ordinance conferring jurisdiction on the Tribal Court was authorized by 16 of the Indian Reorganization Act, 25 U.S.C.

Consequently, it implements an overriding federal policy which is clearly adequate to defeat state jurisdiction over litigation involving reservation Indians. Thus, while all tribal casinos have thus far “followed” the governor’s and other state officials’ COVIDrelated directives, over the coming months many California tribal casinos may.Federal Indian and Tribal Law.

Fellers Snider attorneys have extensive experience in financing, commercial transactions, and litigation. Combined with knowledge of Federal Indian law and tribal law, the firm provides business owners, investors, and developers a full range of legal services involving Federal Indian and tribal law issues.(2) In all cases in which the tribal court has jurisdiction over state law, its jurisdiction must be concurrent with the jurisdiction of the magistrates' courts of the State; and defendants shall have the right to remove the cases to the magistrate's court or appeal their convictions in tribal court cases to the General Sessions Court, in the.