Re: Jurisdiction of Indian nations

Melissa L. Koehn (koehn@hpserv.keh.utulsa.edu)
Mon, 4 Dec 1995 08:22:10 -0600 (CST)


nja@management.canberra.edu.au (Neil Andrews) writes:

> I understand that the United States Congress has recently extended the
> jurisdiction of Indian nations to all Indians in the territory of the
> particular nation whether or not they are members of that nation. I also
> understand that this reverses a court decision which would have limited
> jurisdiction only to the members of the nation. If this is so what is the
> law and what was the case?

I think you are probably referring to the case of Duro v. Reina,
110 S. Ct. 2053 (1990). In that decision, the U.S. Supreme Court held
that tribes had criminal jurisdiction only over members of the tribe.
Congress responded rather rapidly with a temporary fix tacked on to the
Defense Appropriations Act for FY91, Pub. L. No. 101-938, sec.
8077(b)-(d) (1990). The fix was made permanent by Pub. L. 102-137, 105
Stat. 646 (1991). A legislative history of the act can be found in Nell
Jessup Newton, Permanent Legislation to Correct Duro v. Reina, 17 Amer.
Indian L. Rev. 109 (1992).

Hope this helps.

Melissa L. Koehn
Visiting Asst. Prof.
Univ. of Tulsa College of Law
koehnm@utulsa.edu