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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.
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]
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 ...
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.
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.
Federalism and the State Recognition of Native American Tribes: A survey of State-Recognized Tribes and State Recognition Processes Across the United States. University of Santa Clara Law Review, Vol. 48. Sheffield, Gail (1998). Arbitrary Indian: The Indian Arts and Crafts Act of 1990. Norman: University of Oklahoma Press. ISBN 0-8061-2969-7.
The Muscogee (Creek) Nation filed a federal lawsuit Wednesday against the city of Tulsa, arguing Tulsa police are continuing to ticket Native American drivers within the tribe's reservation ...