Abstract

http://ssrn.com/abstract=1437283
 


 



Jurisdiction: Conflicts of Laws and the Indian Reservation: Solutions to Problems in Indian Civil Jurisdiction


Kevin Gover


Arizona State University (ASU) - Sandra Day O'Connor College of Law

1981

American Indian Law Review, Vol. 8, p. 361, 1981

Abstract:     
Jurisdiction over private civil disputes either arising on an Indian reservation or involving Indians as parties has been the subject of a great deal of case law covering a wide variety of situations. The Supreme Court has brought order to the law in this area in such cases as Williams v. Lee,' Kennerly v. District Court, and Fisher v. District Court.' However, several major issues remain unresolved by the Supreme Court decisions. Most are practical questions that arise as a result of the special jurisdictional rules that apply to Indian country. State courts and tribal governments are beginning to resolve some of these problems, often employing standard conflict of laws theories. This note will review the current law in the area, identify unresolved issues, and propose solutions suggested by the current law and literature. Special attention will be paid to familiar conflict of laws principles that can offer solutions to the problems.

Number of Pages in PDF File: 25

Keywords: Jurisdiction, Indian reservation, tribal court

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Date posted: July 23, 2009  

Suggested Citation

Gover, Kevin, Jurisdiction: Conflicts of Laws and the Indian Reservation: Solutions to Problems in Indian Civil Jurisdiction (1981). American Indian Law Review, Vol. 8, p. 361, 1981. Available at SSRN: http://ssrn.com/abstract=1437283

Contact Information

Kevin Gover (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
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