Jurisdiction: Conflicts of Laws and the Indian Reservation: Solutions to Problems in Indian Civil Jurisdiction

American Indian Law Review, Vol. 8, p. 361, 1981

25 Pages Posted: 23 Jul 2009

See all articles by Kevin Gover

Kevin Gover

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1981

Abstract

Jurisdiction over private civil disputes either arising on an Indian reservation or involving Indians as parties has been the subject of a great deal of case law covering a wide variety of situations. The Supreme Court has brought order to the law in this area in such cases as Williams v. Lee,' Kennerly v. District Court, and Fisher v. District Court.' However, several major issues remain unresolved by the Supreme Court decisions. Most are practical questions that arise as a result of the special jurisdictional rules that apply to Indian country. State courts and tribal governments are beginning to resolve some of these problems, often employing standard conflict of laws theories. This note will review the current law in the area, identify unresolved issues, and propose solutions suggested by the current law and literature. Special attention will be paid to familiar conflict of laws principles that can offer solutions to the problems.

Keywords: Jurisdiction, Indian reservation, tribal court

Suggested Citation

Gover, Kevin, Jurisdiction: Conflicts of Laws and the Indian Reservation: Solutions to Problems in Indian Civil Jurisdiction (1981). American Indian Law Review, Vol. 8, p. 361, 1981, Available at SSRN: https://ssrn.com/abstract=1437283

Kevin Gover (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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