By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General
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Additional resources for American Indian Law Deskbook
R. Civ. P. S. 9 (1985) (per curiam). Although the Supreme Court in Santa Clara Pueblo v. S. 49, 58 (1978), referred to tribes as "long recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers," such immunity was first explicitly recognized by the Supreme Court in the 1940 United States Fidelity decision. See generally William V. Vetter, Doing Business with Indians and the Three "S"es: Secretarial Approval, Sovereign Immunity, and Subject Matter Jurisdiction, 36 Ariz.
Lacey Act Jurisdiction 266 1. Prosecution of tribal members under Lacey Act 266 a. For on-reservation violations of tribal law 267 b. For off-reservation violations of tribal law 267 c. For violations of state law 267 d. For violations of federal law 268 2. Prosecution of nonmembers for violations of tribal law under the Lacey Act 268 Page x IV. Federal Income Tax Laws 270 V. Tribal Regulation 270 A. Tribal Regulation of On-Reservation Hunting and Fishing by Tribal Members 270 B. Tribal Regulation of Off-Reservation Hunting and Fishing by Tribal Members 271 C.
130103, 132126, 1331, 1341), has imposed upon tribes certain of the restrictions on state action contained in the Bill of Rights, but relief under that statute is generally limited to habeas corpus proceedings. S. at 6062. The Indian Civil Rights Act is discussed infra at notes 156 through 164 and accompanying text and in Chapter 7, part II. , United States v. S. 313 (1978) (tribal prosecution of member for on-reservation crime); United States v. S. C. § 1152, since "the relations of the Indians, among themselvesthe conduct of one toward the otheris to be controlled by the customs and laws of the tribe, save when Congress expressly or clearly directs otherwise"); Jones v.
American Indian Law Deskbook by Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General