Court Review

Special Indian Law Issue of Court Review

Matthew L.M. Fletcher1 Comment

Here it is — Court Review Indian Law Issue

The table of contents:

The Case of Standing Bear: Establishing Personhood under the Law — Joe Starita

Sovereign Comity: Factors Recognizing Tribal Court Criminal Convictions in State and Federal Courts — Matthew L.M. Fletcher

Wisconsin’s Experience in Allocating Jurisdiction between State and Tribal Courts — Beth Ermatinger Hanan and William H. Levit, Jr.

Beyond Minimum Standards: Federal Requirements and State Interpretations of the Indian Child Welfare Act — Kathryn E. Fort

American Indian Law Research for State Courts — Nancy Carol Carter

Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property-Law Lens — Ezra Rosser

From Conflict to Cooperation: State and Tribal Court Relations in the Era of Self-Determination — Aliza G. Organick and Tonya Kowalski

Aliza Organick and Tonya Kowalski on Tribal-State Court Cooperation

Matthew L.M. Fletcher

Aliza Organick and Tonya Kowalski have posted “From Conflict to Cooperation: State and Tribal Court Relations in the Era of Self-Determination,” forhtcoming from Court Review, a publication of the American Judges Association.

Here is the abstract:

State and Tribal sovereigns have historically had a tense relationship, beginning in colonial times, when states vied with the federal government for trading rights and for control of Indian lands. Today, that tension still expresses itself in matters such as gaming compacts, criminal and civil jurisdiction, and taxation, to name just a few. While different sovereigns within a federal system may always vie for resources and power to some extent, it is time for states and Tribes to focus on what a more mutually supportive relationship with Tribal communities has to offer. This Essay explores the history of the two sovereigns’ relationship, how they tend to interact today, and possibilities for positive growth and interaction between them.