Document Type
Article
Publication Date
1-1-2005
Abstract
This Article attempts to analyze why, in the current jurisdictional framework, tribes are treated differently from states but not differently from each other. This article analyzes the key assumptions underlying jurisdictional and choice of law analyses both inside and outside Indian Country. After a summary overview of current tribal court systems, this Article attempts to identify features of tribal courts that might indicate that they a) might disadvantage non-tribal litigants and b) are threatened by the incursion of concurrent state jurisdiction. The article points to one potential reason that the Court has assumed that all Indian tribes are alike, which is an assumption that minimizes the differences among tribes and maximizes the distinctions between tribes and non-tribal society.
Publication Title
Nevada Law journal
Volume
6
First Page
89
Recommended Citation
Max J. Minzner,
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country,
6
Nevada Law journal
89
(2005).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/477
