Tribal Civil Jurisdiction of Nonmembers

Since 1978--Distinguish:

Tribal Civil Jurisdiction over Nonmembers

1776-1978 Jurisdiction

Pre-IRA:  Were Powers Divested?

IRA-- Powers in Addition to Those “Vested … by Existing Law.”

Williams v. Lee

McClanahan v. Arizona

Oliphant v. Suquamish

Washington v. Colville Tribes

Montana v. United States

General Rule

The Exceptions

Merrion v. Jicarilla Apache

Brendale v. Yakima Nation

So. Dakota v. Bourland

Strate v. A-1 Contractors

The Montana cites for Exception 1

The Montana cites for Exception 2

Post-Strate Jurisdiction Found

Post-Strate No Jurisdiction

Congressional Authorization

Bugenig v. Hoopa Valley Tribe

Other Statutes Confirm Tribal Authority

Lessons

Slide 26