Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country
36 Pages Posted: 29 Sep 2015 Last revised: 22 Nov 2016
Date Written: September 28, 2015
In 2014 the United States Supreme Court added two new cases to the canon on the meaning of due process in the context of personal jurisdiction. These cases clarified the metes and bounds of specific and general personal jurisdiction. However, decisions that fit within the state and federal court system do not always easily have cross applications to tribal courts – which nonetheless are obliged to extend due process rights via the Indian Civil Rights Act. This article takes the Supreme Court’s 2014 decisions and discusses their potential application to tribal courts and their use within Indian Country.
Keywords: tribal court, personal jurisdiction, walden, bauman, general jurisdiction, specific jurisdiction, indian law, tribal law
JEL Classification: K10, K40
Suggested Citation: Suggested Citation