Download this Paper Open PDF in Browser

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

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

3 Pages Posted: 1 Oct 2009  

Aliza G. Organick

Washburn University School of Law

Tonya Kowalski

Washburn University School of Law

Date Written: September 30, 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.

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

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: https://ssrn.com/abstract=1480752

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

Paper statistics

Downloads
78
Rank
264,883
Abstract Views
961