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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.
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [ 1 ]
As such, the authority to regulate gaming activities on tribal lands was found to fall outside those powers granted by the Public Law 280. Cabazon had lasting implications regarding the sovereignty of Native American tribes in the United States. The ruling established a broader definition of tribal sovereignty and set the precedent that if the ...
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties .
The Oliphant case was a major blow against tribal sovereignty, and was a case used by the oil companies in their briefs. [2] The oil companies argued that Oliphant, currently limited to criminal cases, should be expanded to civil matters as well. The attorneys for the tribe argued that this case was no different than Washington v.
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.
Menominee Tribe v. United States is a landmark case in Native American law, [58] primarily in the area of reserved tribal rights. [59] It has been used in college courses to explain tribal sovereignty rights and that tribes retain some rights even if the tribe has been terminated, as the Menominee tribe was. [60]
United States v. Lara, 541 U.S. 193 (2004), was a United States Supreme Court landmark case [1] which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in both jurisdictions.