Jurisdiction: Conflicts of Laws and the Indian Reservation: Solutions to Problems in Indian Civil Jurisdiction
Arizona State University (ASU) - Sandra Day O'Connor College of Law
American Indian Law Review, Vol. 8, p. 361, 1981
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 courtAccepted Paper Series
Date posted: July 23, 2009
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