AuthorTitleCitationSummaryYearKey Terms
James M. Grijalva The Tribal Sovereign as Citizen: Protecting Indian Country Health and Welfare Through Federal Environmental Citizen Suits 12 Michigan Journal of Race and Law 33 (Fall 2006) INTRODUCTION. 33 I. Tribal Governmental Roles in the Federal Environmental System. 34 II. Tribal Enforcement of Federal Environmental Laws Through Citizen Suits. 38 A. Tribes' Eligibility for Bringing Citizen Suits. 39 1. Tribes as Persons Under the Environmental Statutes. 39 2. Tribes' Standing to Sue Violators. 40 3. Other Procedural Issues. 41... 2006 Yes
Claire M. Diallo The U.s. Empire: Is Any Sovereign Nation Safe after the Russian and Belarus Democracy Acts? 91 Iowa Law Review 673 (January, 2006) ABSTRACT: The United States Congress passed the Russian and Belarus Democracy Acts in 2002 and 2004, respectively. These Acts represent non-forcible intervention into the domestic affairs of another nation. Their implications for the principles of sovereignty and non-intervention, as well as the complementary principle of humanitarian intervention,... 2006  
Sarah Krakoff The Virtues and Vices of Sovereignty 38 Connecticut Law Review 797 (May, 2006) As the title to this symposium suggests, American Indian law is indeed at a crossroads. The paths of American Indian tribal sovereignty are diverging in the following way. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court's path is... 2006  
Elizabeth A. Wilson The War on Terrorism and "The Water's Edge": Sovereignty, "Territorial Jurisdiction," and the Reach of the U.s. Constitution in the Guantánamo Detainee Litigation 8 University of Pennsylvania Journal of Constitutional Law 165 (March, 2006) In June of 2004, shortly after the Abu Ghraib prison crisis, the Supreme Court held that the district courts of the United States had jurisdiction to hear habeas petitions filed by alien detainees being held in Guantánamo Bay, Cuba challenging the legality of their detentions. Rasul v. Bush, and its companion cases Hamdi v. Rumsfeld and Rumsfeld v.... 2006  
Dr. Mihály Ficsor The Wipo "Internet Treaties:" the United States as the Driver; the United States as the Main Source of Obstruction--as Seen by an Antirevolutionary Central European 6 John Marshall Review of Intellectual Property Law 17 (Fall, 2006) Under the first copyright law of the United States, adopted in 1790, only the works of U.S. citizens and residents were protected. The 1891 Chase Act offered an alternative to isolationism by authorizing the President to extend protection to foreigners, while still maintaining protection for U.S. citizens, on the basis of international treaties or... 2006  
Eric Mack The World Health Organization's New International Health Regulations: Incursion on State Sovereignty and Ill-fated Response to Global Health Issues 7 Chicago Journal of International Law 365 (Summer 2006) The fact that [i]nfectious diseases are the leading cause of death worldwide may explain why the World Health Assembly chose to adopt a new set of International Health Regulations (IHRs 2005) in May 2005. According to the World Health Organization (WHO), the regulations will prevent, protect against, control and provide a public health... 2006  
Tom C. W. Lin Treating an Unhealthy Conscience: a Prescription for Medical Conscience Clauses 31 Vermont Law Review 105 (Fall, 2006) She sits in an immaculate hospital room. She is eighteen and was raped a few hours ago. The officer has obtained the necessary evidence. The doctor has examined her. She sees a counselor, then leaves for home. She was not given any emergency contraception. The doctor makes no mention of it as the doctor is personally opposed to contraception on... 2006  
Eduardo Moisés Peñalver Treating Religion as Speech: Justice Stevens's Religion Clause Jurisprudence 74 Fordham Law Review 2241 (March, 2006) Justice Stevens has sometimes been caricatured as the U.S. Supreme Court Justice who hates religion. Whether considering questions under the Establishment Clause or the Free Exercise Clause, questions about the funding or regulation of religious groups, or the permissibility of religious speech in public places, in case after case he has voted... 2006  
William W. Park , Alexander A. Yanos Treaty Obligations and National Law: Emerging Conflicts in International Arbitration 58 Hastings Law Journal 251 (December, 2006) In determining the effect of treaties, the adage pacta sunt servanda (agreements are to be kept) remains a foundation of international law. By contrast, when American courts consider international conventions, the principle barely rises to the rank of analytic starting point. In the United States, the application and interpretation of... 2006  
Angela R. Riley Tribal Sovereignty in a Post-9/11 World 82 North Dakota Law Review 953 (2006) I. INTRODUCTION. 953 II. SANTA CLARA PUEBLO. 955 A. Background. 955 B. Reactions. 957 III. CHANGING CONTEMPORARY CIRCUMSTANCES. 959 A. Renewed Scrutiny. 959 1. Indian Gaming. 959 2. Sovereignty in a Post-9/11 World. 961 IV. CONCLUSION. 964 2006 Yes
Brian P. McClatchey Tribally-owned Businesses Are Not "Employers": Economic Effects, Tribal Sovereignty, and Nlrb v. San Manuel Band of Mission Indians 43 Idaho Law Review 127 (2006) Recently, the National Labor Relations Board (NLRB) held that tribally owned casino and bingo businesses, operating within reservations, are subject to the National Labor Relations Act (NLRA), contrary to its established precedent. Arguably, the NLRB read the NLRA in light of a discredited standard for statutes of general application. Congress... 2006 Yes
James Podgers Troubled Paradise 92-AUG ABA Journal 65 (August, 2006) Hardly a shot was fired in the 1893 overthrow of Queen Lili'uokalani that triggered Hawaii's transition from a sovereign nation to a U.S. territory and eventually the 50th state. But since then, various coalitions in Hawaii's melting-pot population have skirmished over the question of whether Native Hawaiians should be granted some measure of... 2006  
Catherine Baker Stetson, Jennifer L. Chino, Managing Partner, Associate Attorney, Stetson & Jordan, P.C., 1305 Rio Grande Blvd. NW, Albuquerque, NM 87104, Phone: 505-256-4911, Fax: 505-256-5177, e-mail: cbs@stetsonlaw.com Waiving Sovereign Immunity Grows Trickier 43 Rocky Mountain Mineral Law Foundation Journal 53 (2006) Providing limited waivers of a tribe's immunity from suit has become a virtual necessity in today's legal and business environment. The creation of tribal corporations allows a tribe to enter into important economic ventures providing limited waivers of its immunity that are specific to that particular enterprise and often to a particular court,... 2006  
Nathan Smith Water, Water Everywhere, and Not a Bite to Eat: Sovereign Immunity, Federal Disaster Relief, and Hurricane Katrina 43 San Diego Law Review 699 (Summer 2006) I. Introduction. 700 II. Sovereign Immunity. 703 A. Roots in English Common Law. 704 B. Incorporation in American Law. 705 C. The Federal Tort Claims Act and the Discretionary Function Exception. 707 1. The Quagmire of Early Doctrine. 709 2. Berkovitz: A Two-Part Test Emerges. 711 III. Federal Disaster Relief Legislation. 712 A. Early Disaster... 2006  
Jamie C. Chanin What Is it Good For? Absolutely Nothing: Eliminating Disparate Treatment of Third Party Sexual Harassment and All Other Forms of Third Party Harassment 33 Pepperdine Law Review 385 (1/1/2006) I. Introduction II. History of Federal Harassment Law A. Legal Basis for Sexual Harassment B. Sexual Harassment: The Doctrine Explained 1. The Contribution of the EEOC 2. Elements: Protected Category, Unwelcome Conduct, Based on Sex 3. Types of Harassment: Quid Pro Quo and Hostile Environment 4. Employer Liability a. Where Supervisors Sexually... 2006  
Joseph J. Bellinger, Jr. , Matthew G. Summers , Ballard Spahr Andrews & Ingersoll, LLP, Baltimore, bellingerj@ballardspahr.com, Ballard Spahr Andrews & Ingersoll, LLP, Baltimore, summersm@ballardspahr.com What's Left of Sovereign Immunity after Katz? 25-MAY American Bankruptcy Institute Journal 10 (May, 2006) Resolving a split among the circuits regarding the constitutionality of 11 U.S.C. § 106(a), the Supreme Court held, in a 5-4 decision, that lawsuits to avoid preferential transfers brought in federal bankruptcy court against states or state agencies are not barred by the doctrine of sovereign immunity established by the Eleventh Amendment. Central... 2006  
David Sloss When Do Treaties Create Individually Enforceable Rights? The Supreme Court Ducks the Issue in Hamdan and Sanchez-llamas 45 Columbia Journal of Transnational Law 20 (2006) In both Hamdan v. Rumsfeld and Sanchez-Llamas v. Oregon, government briefs asserted that there is a long-established presumption that treaties do not create judicially-enforceable individual rights. In his dissent in Sanchez-Llamas, Justice Breyer challenged this claim. The debate about whether the Supreme Court should adopt such a presumption is... 2006  
Jesse H. Choper , John C. Yoo Who's Afraid of the Eleventh Amendment? The Limited Impact of the Court's Sovereign Immunity Rulings 106 Columbia Law Review 213 (January, 2006) This Essay argues that critics have exaggerated the impact and importance of the Rehnquist Court's Eleventh Amendment cases. This is not to deny that revived judicial security for states' rights became the signature issue of the Rehnquist Court. Rather, a series of doctrines, both internal and external to the Eleventh Amendment, basically allows... 2006  
Hope M. Babcock A Civic-republican Vision of "Domestic Dependent Nations" in the Twenty-first Century: Tribal Sovereignty Re-envisioned, Reinvigorated, and Re-empowered 2005 Utah Law Review 443 (2005) I. Introduction. 444 II. Sovereignty. 448 III. Tribal Sovereignty. 455 A. Sources of Tribal Sovereignty. 457 1. Treaties. 457 2. Inherent Sovereignty. 469 B. The Shifting Tectonic Plates of Tribal Sovereignty. 485 1. The Importance of Tribal Land. 486 2. Debilitating Judicial Doctrines. 497 3. Tribal Sovereignty Today: A Glass Half Full or Half... 2005 Yes
Paul V.M. Flesher A Native American Sacred Space on Federal Land: the Approach of "Equal Treatment" 28-DEC Wyoming Lawyer 28 (December, 2005) One of the ongoing challenges in Wyoming has been balancing the rights of Native American citizens with those of the non-native population. In recent decades, the focus has been on how to accommodate the desire of American Indians to worship at traditional sacred sites. The most well-known of these sites have been Devils Tower and the Big Horn... 2005 Yes
Paul V.M. Flesher A Native American Sacred Space on Federal Land: the Approach of "Equal Treatment" 28-DEC Wyoming Lawyer 28 (December, 2005) One of the ongoing challenges in Wyoming has been balancing the rights of Native American citizens with those of the non-native population. In recent decades, the focus has been on how to accommodate the desire of American Indians to worship at traditional sacred sites. The most well-known of these sites have been Devils Tower and the Big Horn... 2005 Yes
David Krinsky A Plan Revised: How the Congressional Power to Abrogate State Sovereign Immunity Has Expanded since the Eleventh Amendment 93 Georgetown Law Journal 2067 (August, 2005) [W]here there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded. While the Union survived the Civil War, the Constitution did not. In its place arose a new, more promising basis for justice and equality, the fourteenth amendment. Over the past fifteen years, the Supreme Court has embarked on a... 2005  
Gregory C. Sisk A Primer on the Doctrine of Federal Sovereign Immunity 58 Oklahoma Law Review 439 (Fall, 2005) Because it is the quintessential repeat-player in federal litigation, the federal government exerts a powerful influence on the federal courts and the development of legal doctrine. As political scientist Christopher J.W. Zorn has observed, because of its ubiquitous presence in federal litigation, more than any other entity, the federal government... 2005  
Jeremy M. Sher A Question of Dignity: the Renewed Significance of James Wilson's Writings on Popular Sovereignty in the Wake of Alden v. Maine 61 New York University Annual Survey of American Law 591 (2005) In December of 1992, probation officer John Alden sued his employer, the State of Maine, in federal court. Alden, along with sixty-six co-plaintiffs, contended that the state had failed to provide him with overtime pay as required under the federal Fair Labor Standards Act (FLSA). Whether Alden was entitled to damages remains unknown, as no judge... 2005  
Dean C. Rowan, Boalt Hall School of Law Aboriginal Societies and the Common Law: a History of Sovereignty, Status, and Self-determination. By P.g. Mchugh. Oxford; New York: Oxford University Press, 2004. Pp. Ix, 661. Isbn 0-19-825248-x. Gb£80.00; Us$150.00 33 International Journal of Legal Information 294 (Summer, 2005) In an absorbing, dense, and detailed account of the interactions of indigenous groups of North America, Australia, and New Zealand with British settlers and conquerors, Aboriginal Societies and the Common Law presents not only a history, sweeping in its coverage of time and place, but also a pointed depiction of the vicissitudes of law. This... 2005  
Joshua Hill Administrative Sovereignty: Expanding the Scope of Federal Agency Enforcement Powers in Alaska v. Environmental Protection Agency 25 Journal of the National Association of Administrative Law Judges 269 (Spring 2005) In 1996, Teck Cominco Alaska, Inc. (Cominco) commenced an expansion of one of its zinc mine holdings in rural Alaska. Cominco applied to the Alaska Department of Environmental Conservation (ADEC) for a permit authorizing increased generation by its standby electric generator and the addition of a seventh generator to its mine. Pursuant to its... 2005  
Jessica Lynn Clark Afge v. United States: the D.c. Circuit's Preferential Treatment Native American Preference in Government Contract Awards 34 Public Contract Law Journal 379 (Winter, 2005) I. Introduction. 380 II. Background. 381 A. Statutory Background. 381 1. 2000 Department of Defense Appropriations Act Section 8014(3). 381 2. Small Business Act Section 8(a). 381 3. Federal Acquisition Regulation Subchapter D. 382 B. Federal Indian Law. 382 C. Key Case Law Precedent. 383 1. Morton v. Mancari. 384 2. Washington v. Confederated... 2005 Yes
Jessica Lynn Clark Afge v. United States: the D.c. Circuit's Preferential Treatment Native American Preference in Government Contract Awards 34 Public Contract Law Journal 379 (Winter, 2005) I. Introduction. 380 II. Background. 381 A. Statutory Background. 381 1. 2000 Department of Defense Appropriations Act Section 8014(3). 381 2. Small Business Act Section 8(a). 381 3. Federal Acquisition Regulation Subchapter D. 382 B. Federal Indian Law. 382 C. Key Case Law Precedent. 383 1. Morton v. Mancari. 384 2. Washington v. Confederated... 2005 Yes
James J. Friedberg Ambiguity, Sovereignty, and Identity in Ireland: Peace and Transition 20 Ohio State Journal on Dispute Resolution 113 (2005) I. Introduction. 114 II. Constructive and Destructive Ambiguity. 115 III. Vocabulary and Ambiguity: The Agreement. 122 IV. History 1. 123 V. Vocabulary and Ambiguity: Ulster. 128 VI. History 2. 129 VII. Vocabulary and Ambiguity: Nationalist and Republican. 132 VIII. Dialogue 1. 133 IX. Good Friday Agreement (Decommissioning Excerpt). 137 X.... 2005  
David L. Roghair Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? 20 Journal of Environmental Law & Litigation 189 (2005) In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... 2005  
David L. Roghair Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? 20 Journal of Environmental Law & Litigation 189 (2005) In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... 2005  
Michael J. Dennis Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation 99 American Journal of International Law 119 (January, 2005) Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... 2005  
Michael J. Dennis Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation 99 American Journal of International Law 119 (January, 2005) Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... 2005  
Jason Webb Yackee Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm 12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 2005  
Jason Webb Yackee Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm 12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 2005  
Timothy Zick Are the States Sovereign? 83 Washington University Law Quarterly 229 (2005) I. Introduction. 230 II. Classical Sovereignty--A Brief Introduction. 239 III. Domestic Sovereignty Discourses. 241 A. The Framers. 241 B. The Supreme Court. 243 C. Scholars. 247 1. Classicists. 247 2. Republicans. 249 3. Skeptics. 251 IV. Sovereignty and the Post-Modern State. 255 A. Post-Classical Sovereignty. 257 B. The New Sovereignty . 264... 2005  
Camille L. Zentner Between the Hockey Rink and the Voting Booth: the Ada and Abrogation of Sovereign Immunity in the Educational Context 71 Brooklyn Law Review 589 (Fall, 2005) Since the United States Supreme Court's decision in Tennessee v. Lane on May 17, 2004, there has been a flurry of cases questioning the validity of abrogation of sovereign immunity by Title II of the Americans with Disabilities Act (ADA Title II) in various public service contexts. Two cases, McNulty v. Board of Education of Calvert County and... 2005  
Victor Mosoti Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? 26 Northwestern Journal of International Law and Business 95 (Fall 2005) The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... 2005  
Victor Mosoti Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? 26 Northwestern Journal of International Law and Business 95 (Fall 2005) The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... 2005  
Ellen M. Weber Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities 57 Rutgers Law Review 631 (Winter 2005) Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... 2005  
Ellen M. Weber Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities 57 Rutgers Law Review 631 (Winter 2005) Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... 2005  
M. Wesley Clark, JD, LL.M. Can State "Medical" Marijuana Statutes Survive the Sovereign's Federal Drug Laws? A Toke Too Far 35 University of Baltimore Law Review Rev. 1 (Fall 2005) This article explores whether, and to what extent, federal authorities can enforce the federal Controlled Substances Act [CSA] against state and local governments acting under color of a conflicting state or local law. The question is both important and timely, inasmuch as state and local jurisdictions have been enacting legislation in conflict... 2005  
Karen E. Bravo Caricom, the Myth of Sovereignty, and Aspirational Economic Integration 31 North Carolina Journal of International Law and Commercial Regulation 145 (Fall 2005) I. Introduction. 146 II. The Caribbean Story. 153 III. Regional Integration and the Challenge of Sovereignty. 155 A. Regionalism. 155 B. Sovereignty. 158 C. The Myth of Sovereignty. 160 D. Aspirational Economic Integration. 166 IV. CARICOM: Why, When, How. 167 A. 1973 Treaty of Chaguaramas. 168 B. Revised Treaty of Chaguaramas--2001. 171 V. The... 2005  
Mark J. Chorazak Clarity and Confusion: Did Republic of Austria v. Altmann Revive State Department Suggestions of Foreign Sovereign Immunity? 55 Duke Law Journal 373 (November, 2005) For Maria Altmann, a Holocaust survivor in her late eighties, 1938 is not just a year. It marked the beginning of the Anschluss, the Nazi invasion and annexation of her native Austria, and her family's subsequent flight from Vienna. More than sixty years later, following a discovery by a journalist conducting research in the state archives at the... 2005  
Jeffrey W. Stempel Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes 83 Washington University Law Quarterly 1127 (2005) Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... 2005  
Jeffrey W. Stempel Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes 83 Washington University Law Quarterly 1127 (2005) Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... 2005  
Bruce D., Black, U.S. District Judge,, District of New Mexico Commentary on Reconsidering Commission's Treatment of Tribal Courts 2005 Federal Sentencing Reporter 1618239 (2/1/2005) Professor Kevin Washburn refers to the jurisdictional maze in Indian country which requires each crime be analyzed carefully to decipher the location of the act and the ethnicity of the alleged participants. This interrelationship of tribal, state, and federal criminal jurisdiction in Indian country has been a Gordian knot for almost two centuries.... 2005 Yes
Bruce D., Black, U.S. District Judge,, District of New Mexico Commentary on Reconsidering Commission's Treatment of Tribal Courts 2005 Federal Sentencing Reporter 1618239 (2/1/2005) Professor Kevin Washburn refers to the jurisdictional maze in Indian country which requires each crime be analyzed carefully to decipher the location of the act and the ethnicity of the alleged participants. This interrelationship of tribal, state, and federal criminal jurisdiction in Indian country has been a Gordian knot for almost two centuries.... 2005 Yes
Charles, Kornmann, U.S. District Judge,, District of South Dakota Commentary on Reconsidering the Commission's Treatment of Tribal Courts 2005 Federal Sentencing Reporter 1618241 (2/1/2005) I do not believe the advisory guidelines should be amended to treat tribal court convictions the same as misdemeanor or juvenile convictions from state, county, and municipal courts. Tribal court convictions may be considered in connection with adequacy of the criminal history category, and in connection with motions to prosecute a juvenile as an... 2005 Yes
Charles, Kornmann, U.S. District Judge,, District of South Dakota Commentary on Reconsidering the Commission's Treatment of Tribal Courts 2005 Federal Sentencing Reporter 1618241 (2/1/2005) I do not believe the advisory guidelines should be amended to treat tribal court convictions the same as misdemeanor or juvenile convictions from state, county, and municipal courts. Tribal court convictions may be considered in connection with adequacy of the criminal history category, and in connection with motions to prosecute a juvenile as an... 2005 Yes
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