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Tribal courts have exclusive jurisdiction in civil cases against any Indian in Indian country. This includes cases brought against an Indian by a non-Indian in Indian country, and all cases between tribal members that arise in Indian country. [36] Exclusive jurisdiction over tribal subject matter also belongs to the tribal courts.
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]
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.
Nygaard filed appeals in tribal and federal courts, and the case wound its way through the legal system for nine years before making its way to the 8th Circuit Court of Appeals, which affirmed the ...
Brennan reviewed the intent of Congress and noted that one in eight Indian children were adopted out and that 90% of those children went to non-Indian homes. He noted that for children born or residing on a reservation, the tribal court has exclusive jurisdiction. In other cases, the tribal courts have concurrent jurisdiction.
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 ...
Tribal courts maintain much criminal jurisdiction over their members, and because of the Duro fix, also over non-member Indians regarding crime on tribal land. The Violence Against Women Reauthorization Act of 2013 expanded the criminal jurisdiction of tribes over non-Indian perpetrators of domestic violence that occur in Indian Country when ...
The growing power of tribal courts is on full display at the Umatilla Indian Reservation. Skip to main content. Sign in. Mail. 24/7 Help. For premium support please call: 800-290-4726 ...