Leaving the Reservation: The Eighth Circuit Eliminates Tribal Court Subject Matter Jurisdiction over Suits between Nonmembers in A-1 Contractors v. Strate

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Igou, Jeffrey M.
Issue Date
1997
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Journal Article
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INTRODUCTION|In three opinions written by Chief Justice John Marshall between 1823 and 1832, the United States Supreme Court gave voice to the principles that have defined and governed the legal status of American Indian tribes. In these opinions, Chief Justice Marshall envisioned the tribes as having characteristics similar to those of a state and constituting distinct political organizations capable of self-government. This view of tribal autonomy gave rise to the doctrine of inherent sovereignty - the notion that Indian tribes had sovereignty over the geographical territory they occupied. However, later Supreme Court opinions, while continuing to recognize a geographical component to tribal sovereignty, have rejected tribal authority based exclusively on geographical territory. Instead, the Court has adopted a view of sovereignty based on membership in the political entity known as the tribe...
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30 Creighton L. Rev. 865 (1996-1997)
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Creighton University School of Law
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