The Rights of Indians and Tribes: The Basic ACLU Guide to Indian and Tribal RightsPrevious edition, 1st, published in 1983. |
From inside the book
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Page 124
... rule ? Not quite . The Worcester rule prohibited all state laws from being enforced in Indian country without congressional con- sent . This rule has been replaced by the preemption and in- fringement tests . The combination of these ...
... rule ? Not quite . The Worcester rule prohibited all state laws from being enforced in Indian country without congressional con- sent . This rule has been replaced by the preemption and in- fringement tests . The combination of these ...
Page 142
... rule that state criminal laws do not apply in Indian country unless Congress has authorized the state to enforce them there . The one excep- tion to this rule ( the McBratney exception ) is that a state can prosecute offenses committed ...
... rule that state criminal laws do not apply in Indian country unless Congress has authorized the state to enforce them there . The one excep- tion to this rule ( the McBratney exception ) is that a state can prosecute offenses committed ...
Page 158
... rule , and state governments may now extend certain laws into Indian country without Congress's consent . As explained in chapter 7 , section C , the Supreme Court has replaced the Worcester rule with two tests : the infringement test ...
... rule , and state governments may now extend certain laws into Indian country without Congress's consent . As explained in chapter 7 , section C , the Supreme Court has replaced the Worcester rule with two tests : the infringement test ...
Contents
A History of Federal Indian Policy | 1 |
Indian Indian Tribe Indian Country and Indian Title | 12 |
The Trust Responsibility | 26 |
Copyright | |
19 other sections not shown
Common terms and phrases
10th Cir 9th Cir accompanying text Alaska Apache Tribe Arizona authority cert cited in note civil jurisdiction civil rights Clause consent Constitution Court has held created criminal jurisdiction decision denied Dep't discussed in ch enforce exercise expressly federal court federal government federal Indian federal law federal officials fishing rights funds government's hunting and fishing IBIA ICRA ICWA Indian Affairs Indian child Indian country Indian land Indian reservations Indian treaty Indian tribes Indians and tribes Interior jurisdiction in Indian lawsuit Major Crimes Act ment Nation Native non-Indians off-reservation offense Oklahoma Oklahoma Tax Comm'n Potawatomi programs prosecute protect Puyallup Tribe regulate reservation Indians rule S.Ct Santa Clara Pueblo sovereign immunity statute Supp Supreme Court held taxation termination tion treaty rights tribal court tribal government tribal lands tribal members trust land U.S. Constitution United victimless crimes violates Washington water rights