Re: Jurisdiction of Indian nations
law_jvr@centum.utulsa.edu
Mon, 4 Dec 1995 12:34:46 -0600 (CST)
In reply to Neil Andrews' question about the jurisdiction of
Indian tribes over nonmembers -- In 1991, the US Congress enacted
public law 102-137, amending 25 USC section 1301(2) to recognize
the inherent power of tribes to exercise criminal jurisdiction over
all Indians, as defined by the amended section 1301(4). The amendment
"fixed" the US Supreme Court case of Duro v. Reina, 110 SCt 2053
(1990), which held that tribes had no jurisdiction over nonmember
Indians in the CRIMINAL context. Neither the statute nor the case
dealt with tribal jurisdiction generally.