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
Date Written: September 30, 2009
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
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