ERIC Number: ED160290
Record Type: RIE
Publication Date: 1978-Aug-31
Reference Count: 0
Review of Developments in Indian Law in the Courts, September 1, 1977 through August 31, 1978. Prepared for the National Congress of American Indians Convention in Rapid City, September 18, 1978.
Wilkinson Cragun, & Barker, Washington, DC.
Recourse to the courts for resolution of conflicts has become increasingly frequent, particularly in matters concerning American Indians. Important to this upsurge is the commitment to Indian sovereignty and the awareness among Indians that their rights can be asserted and established in courts. The issues of Indian self-determination and tribal sovereignty are at the forefront of almost all Indian litigation, including that involving tribal jurisdiction, taxation, and natural resource questions. Tribal sovereignty is the ability of reservation Indians to make, enforce, and be ruled by their own laws. In the past year Supreme Court actions in the Wheeler and Martinez cases affirmed tribal rights to apply their own laws to tribal members. The Oliphant case denied Indians criminal jurisdiction over non-Indians for crimes committed within reservation boundaries. Taxation cases have included the authority of states and federal government to tax Indians as well as the taxing authority of tribes. Natural resources cases based on the tribal rights to manage, develop and conserve their own assets have been heard in such areas as water rights, hunting and fishing regulations, and property damage claims. This paper describes individual cases, summarizes trends, and comments on the future conduct of Indian litigation. (Author/DS)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: Wilkinson Cragun, & Barker, Washington, DC.
Identifiers: Law; Oliphant v Suquamish Indian Tribe; Santa Clara Pueblo v Martinez; United States v Wheeler