Download e-book for iPad: American Indian Law Deskbook by Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of

By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General

ISBN-10: 0585042411

ISBN-13: 9780585042411

ISBN-10: 0870814710

ISBN-13: 9780870814716

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S. 123 (1908)); Puyallup Tribe v. S. at 17172; Arizona Pub. Serv. Co. v. 3d 1128, 113334 (9th Cir. 1995); Tamiami Partners, Ltd. v. 3d 1030, 105051 (5th Cir. 1995); Baker Elec. , Inc. v. 3d 1466, 147172 (8th Cir. 1994); Tenneco Oil Co. v. 2d 572, 574 (10th Cir. 1984) (per curiam); Wisconsin v. 2d 1323, 1333 (7th Cir. 1983). 30See Oklahoma Tax Comm'n v. S. 505, 514 (1991) ("[w]e have never held that individual agents or officers of a tribe are not liable for damages in actions brought by the State").

State Regulation 232 A. State Regulation of On-Reservation Hunting and Fishing by Tribal Members 233 1. State regulation necessary for conservation 233 2. State regulation of Indian hunting and fishing on nonmember fee land 234 3. Federal law as a basis for state regulation of tribal hunting and fishing 235 4. State regulation under a court-approved tribal-state agreement 236 B. State Regulation of Hunting and Fishing by Nonmembers Within Indian Country 237 1. State authority on lands not owned by tribal members or by the united states in trust for the tribe or tribal members 237 2.

676, 693 (1990) (questioning whether Congress could delegate criminal jurisdiction to tribes over nonmembers, since "[o]ur cases suggest constitutional limitations even on the ability of Congress to subject American citizens to criminal proceedings before a tribunal that does not provide constitutional protections as a matter of right"). 42See generally Reid Peyton Chambers, Judicial Enforcement of Federal Trust Responsibility to Indians, 27 Stan. L. Rev. 1213, 124647 (1975) (suggesting that "three identifiable basic lines of cases" exist, with the last arguably concluding that federal officials could be enjoined "from actions contrary to their [common-law] fiduciary duties to Indians even if [their actions] are not contrary to any treaty, statute, or agreement," but further recognizing that "[i]t is premature to claim that the case law definitively confirms these latter principles, or to announce the existence of a cause of action for breach of trust"); Note, Rethinking the Trust Doctrine in Federal Indian Law, 98 Harv.

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American Indian Law Deskbook by Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General


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