By Larry Long, Clay Smith
A collaborative attempt from legal professional basic places of work confronted day-by-day with criminal questions regarding country and tribal family, the yank Indian legislation Deskbook, Fourth version is an updated, entire treatise on Indian legislations. The Deskbook presents readers with the neccessary old and felony framework to appreciate the complexities confronted by way of states, Indian tribes, and the government in Indian nation. incorporated are the next: * The evolution of federal statutory Indian legislations and the judicial foundations of federal Indian coverage. * an intensive compilation and research of federal and country court docket judgements. * Reservation and Indian lands possession and estate pursuits. * The parameters of felony jurisdiction in Indian kingdom. * innovations of tribal sovereignty and jurisdiction on the subject of a couple of particular components, together with tribal courts, searching and fishing, environmental law, water rights, gaming, and baby welfare. * Cooperative techniques utilized by the states and tribes for resolving jurisdictional disputes and selling larger kin. Thorough, scholarly, and balanced, the yank Indian legislation Deskbook, Fourth version is a useful reference for quite a lot of humans operating with Indian tribes, together with legal professionals, felony students, executive officers, social employees, nation and tribal jurists, and historians. This revised version contains details from newer court docket judgements, federal statutes, administrative rules, and legislations stories.
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Extra info for American Indian Law Deskbook: Conference of Western Attorneys General
Rev. 1058 (1982). A detailed discussion of tribal immunity from suit appears in Chapter 7, part I. Mfg. S. at 760. 31 Id. at 757–58. S. 313 (1978). 33 Id. at 323; see Bd. of County Comm’rs v. S. 705, 718 (1943) (“[I]t is immaterial that re‑ spondents are citizens because it is settled that the grant of citizenship to the Indians is not inconsistent with their status as wards whose property is subject to the plenary control of the federal government. . It rests with Congress to determine when the guardianship relation shall cease”).
123, 137 (1995) (remarking on the 61 Federal Indian Law Policy: Origins and Legal Development 13 an Indian Tucker Act claim for breach of trust damages would lie. In United States v. Navajo Nation,62 a tribe alleged that the Secretary of the Interior had breached fiduciary obligations under the Indian Mineral Leasing Act of 1938 (“IMLA”)63 in approving a long-term coal production contract providing the tribe with a 12½ percent royalty. 64 In resolving that claim, a six-member majority of the Court drew from the “pathmarking prec‑ edents” in Mitchell I and II a two-step inquiry to determine whether a breach of trust claim was stated: [A] Tribe must identify a substantive source of law that establishes spe‑ cific fiduciary or other duties, and allege that the Government has failed faithfully to perform those duties.
60 See generally Mary Christina Wood, Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited, 1994 Utah L. Rev. 1471, 1565 (1994) (“[t]he flesh of any judicial doctrine is formed from standards that provide continuity and predictability across varied circumstances. The Indian trust doctrine has not yet matured to that state”); Note, Kathleen M. O’Sullivan, What Would John Marshall Say? , 84 Geo. J. 123, 137 (1995) (remarking on the 61 Federal Indian Law Policy: Origins and Legal Development 13 an Indian Tucker Act claim for breach of trust damages would lie.
American Indian Law Deskbook: Conference of Western Attorneys General by Larry Long, Clay Smith