Federal Indian Law Fall 2016 Review Questions Final Set
- What are the major criminal statutes operative in Indian Country?
- Fill out this chart. Do you understand why the answers are what they are?
Criminal Jurisdiction in Indian Country | ||
Defendant | ||
Victim | Indian | Non-Indian |
Indian | Tribe: | Tribe: |
US: | US: | |
State: | State: | |
Non-Indian | Tribe: | Tribe: |
US: | US: | |
State: | State: |
- What is meant by Indian Country? What lands does it cover?
- What is the source of tribal sovereignty?
- 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.
- What are some limitations on tribal sovereignty unlinked to Congress’ plenary power?
- What does the Indian Civil Rights Act do?
- Is there anything left of Worcester? If so, what?
- What is the Williams rule? How has it been applied?
- How does Indian law preemption work (hint: what do Warren Trading Post and McClanahan tell us)?
- When can a tribe impose taxes for activities on tribal lands? Can it tax both members and nonmembers?
- When can a state impose taxes for activities on tribal lands? Can it tax both members and nonmembers?
- What does California v. Cabazon Band tell us? What is the regulatory/prohibitory distinction all about?
- What is the holding of Oliphant? What are the implications of that holding?
- When can a tribe regulate nonmember activity on a reservation? What is the distinction between nonmember fee land and tribal land?
- What is the Montana test? Provide examples of permissible tribal authority under each prong?
- 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?
- What is the exhaustion requirement articulated by National Farmers Union and Iowa Mutual?
- How do Strate, Atkinson Trading Company, and Nevada v. Hicks clarify Montana and the rules regarding nonmember civil jurisdiction?
- What is the holding of Duro and what is meant by a Duro fix? Has it been fixed?
- What are the sources of tribal authority? What is the difference between retained power and delegated power?