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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 ...
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]
Native American Law Guide: Federal Indian Law and Tribal Law materials (University of California at Los Angeles) Law Library of Congress' Indians of North American Guide; Native American civil rights; National Congress of American Indians; Indian Law (Harvard Law Review) (multiple pages of cases) Tribal Access to Justice Information [7]
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 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.
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 history of independent tribal courts is complex and has been shaped by the federal government's policies towards Native American tribes. [5] The establishment of independent tribal courts was a result of the Indian Reorganization Act of 1934, which aimed to promote tribal self-government and to preserve Native American culture and traditions. [6]
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.