Federal Indian Law

class-23-slides

class-14-slides

sorry these weren’t posted earlier – the file was corrupted or something

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Owley11-30-16

Or listen to the audio in the browser here:

Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.

Owley11-28-16

Or listen to the audio in the browser here:

1. What are the major criminal statutes operative in Indian Country?
2. Fill out this chart. Do you understand why the answers are what they are?

1. What is meant by Indian Country? What lands does it cover?
2. What is the source of tribal sovereignty?
3. What are some examples of places where Congress has used its plenary power to limit tribal sovereignty? Include examples where Congress has given power to states.
4. What are some limitations on tribal sovereignty unlinked to Congress’ plenary power?
5. What does the Indian Civil Rights Act do?
6. Is there anything left of Worcester? If so, what?
7. What is the Williams rule? How has it been applied?
8. How does Indian law preemption work (hint: what do Warren Trading Post and McClanahan tell us)?
9. When can a tribe impose taxes for activities on tribal lands? Can it tax both members and nonmembers?
10. When can a state impose taxes for activities on tribal lands? Can it tax both members and nonmembers?
11. What does California v. Cabazon Band tell us? What is the regulatory/prohibitory distinction all about?
12. What is the holding of Oliphant? What are the implications of that holding?
13. When can a tribe regulate nonmember activity on a reservation? What is the distinction between nonmember fee land and tribal land?
14. What is the Montana test? Provide examples of permissible tribal authority under each prong?
15. Does the Montana test apply to all land within a reservation or is it just a rule for nonmember land? How does the analysis change when we are looking activities by nonmembers on tribal land?
16. What is the exhaustion requirement articulated by National Farmers Union and Iowa Mutual?
17. How do Strate, Atkinson Trading Company, and Nevada v. Hicks clarify Montana and the rules regarding nonmember civil jurisdiction?
18. What is the holding of Duro and what is meant by a Duro fix? Has it been fixed?
19. What are the sources of tribal authority? What is the difference between retained power and delegated power?

class-15-slides

class-20-slides

class-21-slides

This was actually class #22 as class #21 was at the casino

fil-practice-exam

final-exam

fil-2014-exam