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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]
Many of the treaties remain in effect and are of special importance regarding federal recognition of tribal status, hunting and fishing rights, rights to protection of sacred properties, rights to water and minerals, and land claims. [3] [4] The federal courts have a long, continuous history of litigation on these issues. The Supreme 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 New Mexico Supreme Court on Tuesday ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that ...
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.
Jan. 16—The state Supreme Court on Tuesday ruled personal injury lawsuits against New Mexico tribal casinos cannot be brought in state court — a landmark decision that settles a long-running ...
Exclusive jurisdiction over tribal subject matter also belongs to the tribal courts. In divorce cases, tribal courts have exclusive jurisdiction over divorces between Indians living in Indian country. [37] In some divorce cases involving Indians living outside Indian country, the tribal and state courts may have concurrent jurisdiction. [38]
The Tribal Law and Order Act of 2010 is a law, signed into effect by President Obama, that expands the punitive abilities of tribal courts across the nation. [1] The law allows tribal courts operating in Indian country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in ...