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Marshall rejected the state's claim of concurrent jurisdiction, noting that the state could "effectively nullify" tribal authority. [1] Based in large part on the BIA involvement with the tribe in establishing regulations, Marshall held that federal law preempted state law and affirmed the decision of the Tenth Circuit Court. [1]
Washington v. Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 (1979), was a case in which the Supreme Court of the United States held that the State of Washington's imposition of partial jurisdiction over certain actions on an Indian reservation, when not requested by the tribe, was valid under Public Law 280.
Also, in relation to the extension of state law into Indian country, in the 1983 Supreme Court case, New Mexico v. Mescalero Apache Tribe (462 U.S. 324, 334, 1983), it is held that state jurisdiction is permitted to interfere in tribal self-government in circumstances where "the state interests at stake are sufficient to justify the assertion ...
The Supreme Court ruled in Oklahoma v. Castro-Huerta that state governments have the authority to prosecute certain cases on tribal lands, effectively undermining centuries of legal precedent.
Houston, 393 F. Supp. 719 (holding that tribal law and not state law governs the custody of children domiciled on reservation land) Oliphant v. Suquamish Indian Tribe , 435 U.S. 191 (1978) (holding that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction ...
While many tribal sovereignty issues remain unresolved following the McGirt decision, experts on tribal law say the solution can be found by working with the tribes rather than fighting them in court.
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. New York: New York University Press. ISBN 0-8147-6718-4. Pommershiem, Frank (1997). Braid of Feathers: American Indian Law and Contemporary Tribal Life. Berkeley, CA: University of California Press. ISBN 0-520-20894-3.
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