Post by Sapphire Capital on Aug 13, 2008 22:51:42 GMT 4
In a Class by Themselves: A Proposal to Incorporate Tribal Courts into the Federal Court System without Compromising Their Unique Status as 'Domestic Dependent Nations'
R. Stephen Mcneill
Washington and Lee Law Review, Vol. 65, No. 1, 2008
Abstract:
This Note proposes a solution to the longstanding problem of how to fit tribal courts into the existing federal court system. After setting forth the well-established problems with the current system, the Note discusses the various practical and constitutional problems with classifying Indian tribes as states, foreign nations, administrative agencies, or federal territories. Ultimately, the Note proposes a statutory scheme that is tailored to the unique situation of the Indian tribes by focusing on the competing goals of protecting tribal culture, maximizing tribal sovereignty, and protecting the rights of non-Indians from abuses in tribal courts.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1124592_code1005167.pdf?abstractid=1124592&mirid=1
R. Stephen Mcneill
Washington and Lee Law Review, Vol. 65, No. 1, 2008
Abstract:
This Note proposes a solution to the longstanding problem of how to fit tribal courts into the existing federal court system. After setting forth the well-established problems with the current system, the Note discusses the various practical and constitutional problems with classifying Indian tribes as states, foreign nations, administrative agencies, or federal territories. Ultimately, the Note proposes a statutory scheme that is tailored to the unique situation of the Indian tribes by focusing on the competing goals of protecting tribal culture, maximizing tribal sovereignty, and protecting the rights of non-Indians from abuses in tribal courts.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1124592_code1005167.pdf?abstractid=1124592&mirid=1