Tribal-State Dispute Resolution: Recent Attempts
Arizona State University (ASU) - Sandra Day O'Connor College of Law
South Dakota Law Review, Vol. 36, p. 277, 1991
Conflicts between states and Indian tribes have existed for as long as states have existed, and such conflicts are often bitter and prolonged. Progressing from bloody conflicts on the battlefields to equally important battles before the United States Supreme Court, dispute resolution between states and tribes has traditionally been adversarial, discouraging co-operation between the governments and deepening their mutual dislike and mistrust. As a result, tribal and state governments not only have dissipated their resources in battle, but also, ironically, have missed numerous opportunities to combine their forces in pursuit of their many common ambitions. Time and money are lost, worthy and attainable goals are unmet, and Indian and non-Indian citizens suffer the inefficiencies and ineffectiveness of the adversarial relationship. The purpose of this paper is to describe the parameters of several recent tribal-state negotiations, some successful, some not, and some still unresolved. While the issues and ultimate results may have little in common, they exemplify the emerging trend that sees the tribes and states reluctantly but increasingly coming to the table to work jointly on more efficient and effective resolutions of their disputes.
Number of Pages in PDF File: 22
Keywords: Indian tribes, tribal jurisdiction, Indian reservationAccepted Paper Series
Date posted: July 16, 2009
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