Read e-book online American Indian Law Deskbook: Conference of Western PDF

By Larry Long, Clay Smith

ISBN-10: 0870819259

ISBN-13: 9780870819254

A collaborative attempt from lawyer normal workplaces confronted day-by-day with felony questions concerning nation and tribal kinfolk, the yankee Indian legislations Deskbook, Fourth version is an updated, complete treatise on Indian legislations. The Deskbook offers readers with the neccessary old and felony framework to appreciate the complexities confronted through states, Indian tribes, and the government in Indian nation. integrated are the next: * The evolution of federal statutory Indian legislation and the judicial foundations of federal Indian coverage. * an intensive compilation and research of federal and kingdom courtroom judgements. * Reservation and Indian lands possession and estate pursuits. * The parameters of felony jurisdiction in Indian nation. * thoughts of tribal sovereignty and jurisdiction in relation to a couple of particular parts, together with tribal courts, looking and fishing, environmental law, water rights, gaming, and baby welfare. * Cooperative ways utilized by the states and tribes for resolving jurisdictional disputes and selling larger family members. Thorough, scholarly, and balanced, the yank Indian legislations Deskbook, Fourth version is a useful reference for a variety of humans operating with Indian tribes, together with lawyers, felony students, executive officers, social employees, country and tribal jurists, and historians. This revised version contains info from more moderen court docket judgements, federal statutes, administrative rules, and legislations stories.

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Id. at 1345–46. Commentators have reacted negatively to the Supreme Court’s decision. See generally Joel A. Holt, Note, Treat All Men Alike: An Analysis of United States v. White Mountain Apache Tribe and Suggestions for True Reparation, 38 Akron L. Rev. , 39 Tulsa L. Rev. 369, 396 (2003) (criticizing Navajo Nation majority opinion as creat‑ ing an unwarranted conflict between the federal trust obligation and tribal self-governance, and proposing a “non-zero sum” remedy in the form of a canon of construction requiring “federal courts to presume that Indian self-determination statutes preserve the historic rights Indians have traditionally enjoyed under the federal trust relationship, unless Congress clearly expresses its intent to the contrary within the ‘four corners’ of a given Indian statute”).

S. 661, 667 (1974); Northwestern Bands of Shoshone Indians v. S. 335, 339 (1945); see generally Eric Kades, The Dark Side of Efficiency: Johnson v. M’Intosh and the Expropriation of American Indian Lands, 148 U. Pa. L. Rev. 1065, 1096 (2000) (contending that Johnson left unclear “the precise contours of the Indian title of occupancy” and, most important, “whether [tribes] could refuse to sell” such title). S. S. (6 Cranch) at 141–43 (concluding that Georgia could grant fee title to land occupied by Indians where occupation was intended to be temporary under originally authorizing British proclamation); see generally Richard A.

Vetter, Doing Business with Indians and the Three “S”es: Secretarial Approval, Sovereign Immunity, and Subject Matter Jurisdiction, 36 Ariz. L. Rev. 169, 172–85 (1994); Thomas P. McLish, Note, Tribal Sovereign Immunity: Searching for Sensible Limits, 88 Colum. L. Rev. 173 (1988); Note, In Defense of Tribal Sovereignty Immunity, 95 Harv. L. Rev. 1058 (1982). A detailed discussion of tribal immunity from suit appears in Chapter 7, part I. Mfg. S. at 760. 31 Id. at 757–58. S. 313 (1978). 33 Id. at 323; see Bd.

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American Indian Law Deskbook: Conference of Western Attorneys General by Larry Long, Clay Smith


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