Advanced Search
MyIDEAS: Login

Justice and the Outsider: Jurisdiction Over Non-Members in Tribal Legal Systems

Contents:

Author Info

  • Bethany Berger

    (University of Connecticut)

Registered author(s):

    Abstract

    A 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 Info

    If 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.
    File URL: http://lsr.nellco.org/cgi/viewcontent.cgi?article=1015&context=uconn/ucwps
    Download Restriction: no

    Bibliographic Info

    Paper provided by University of Connecticut School of Law in its series University of Connecticut School of Law Working Papers with number uconn_ucwps-1015.

    as in new window
    Length:
    Date of creation:
    Date of revision:
    Handle: RePEc:bep:conlaw:uconn_ucwps-1015

    Contact details of provider:
    Web page: http://www.law.uconn.edu/

    Related research

    Keywords:

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:bep:conlaw:uconn_ucwps-1015. See general 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 you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.