Justice and the Outsider: Jurisdiction Over Non-Members in Tribal Legal Systems
AbstractA quarter of a century ago, the Supreme Court issued its opinion in Oliphant v. Suquamish Indian Tribe holding that tribes had no criminal jurisdiction over non-Indians. Since that time, the Court has progressively limited tribal criminal, civil, and regulatory jurisdiction over those that are not enrolled members of the tribe. While the decisions have a veneer of history and precedent, their legal basis is extremely thinso much so that Justice O'Connor called a 2001 decision "unmoored from our precedents." This trend is one of the most important developments in Indian law. It is the focus of sustained attention by scholars, tribes, attorneys, and legislators. A decision regarding criminal jurisdiction over nonmember Indians spurred a congressional reversal in 1991, and the Supreme Court has just heard arguments in a case addressing the nature of this legislative action. Congress, moreover, is debating a broader legislative fix as to civil jurisdiction.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by University of Connecticut School of Law in its series University of Connecticut School of Law Working Papers with number uconn_ucwps-1015.
Date of creation:
Date of revision:
Contact details of provider:
Web page: http://www.law.uconn.edu/
This paper has been announced in the following NEP Reports:
- NEP-ALL-2004-08-02 (All new papers)
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum).
If references are entirely missing, you can add them using this form.