Abstract

http://ssrn.com/abstract=1480752
 
 

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From Conflict to Cooperation: State and Tribal Court Relations in the Era of Self-Determination


Aliza G. Organick


Washburn University School of Law

Tonya Kowalski


Washburn University School of Law

September 30, 2009

Court Review, Vol. 45, p. 48, 2009

Abstract:     
State and Tribal sovereigns have historically had a tense relationship, beginning in colonial times, when states vied with the federal government for trading rights and for control of Indian lands. Today, that tension still expresses itself in matters such as gaming compacts, criminal and civil jurisdiction, and taxation, to name just a few. While different sovereigns within a federal system may always vie for resources and power to some extent, it is time for states and Tribes to focus on what a more mutually supportive relationship with Tribal communities has to offer. This Essay explores the history of the two sovereigns’ relationship, how they tend to interact today, and possibilities for positive growth and interaction between them.

Number of Pages in PDF File: 3

Keywords: tribal-state, state-tribal, tribal-federal, federal-tribal, cooperative agreements, gaming compacts, tribal jurisdiction, tribal sovereignty, federalism, indigenous, tribal sovereignty, sovereignty, listening conference, jurisdictional agreements, concurrent jurisdiction, intergovernmental

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Date posted: October 1, 2009  

Suggested Citation

Organick, Aliza G. and Kowalski, Tonya, From Conflict to Cooperation: State and Tribal Court Relations in the Era of Self-Determination (September 30, 2009). Court Review, Vol. 45, p. 48, 2009. Available at SSRN: http://ssrn.com/abstract=1480752

Contact Information

Aliza G. Organick (Contact Author)
Washburn University School of Law ( email )
1700 College Avenue
Topeka, KS 66621
United States
Tonya Kowalski
Washburn University School of Law ( email )
1700 College Avenue
Topeka, KS 66621
United States
HOME PAGE: http://washburnlaw.edu/faculty/kowalski-tonya.php
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