Key People and Policies
Which president was a strong supporter of Indian sovereignty and made a landmark statement affirming it?
President Richard Nion.
What is the term for the ability of tribes to enact their own environmental laws and regulations?
Tribal Sovereignty
What are the two categories that Indian law generally falls into?
Federal Indian Law and tribal law
What is a critical consideration for all counterparties when contracting with a tribe or tribal entity?
Tribal sovereign immunity.
Besides common law, what kind of law do tribal courts apply?
Customary Law.
What was the name of the policy in the 1870s that ceased making treaties with Indians and instead divided tribal lands into individual plots?
Allotment Policy
What is required for a counterparty to be able to sue a tribe?
A waiver of sovereign immunity
According to the source, what is one of the hallmarks of Federal Indian Law?
The general exclusion of states
What does the acronym MTSTA stand for?
Model Tribal Secured Transaction Act.
What governmental body typically passes laws within a tribe's jurisdictional boundaries?
Tribal Council or Tribal Legislative Body.
What was the primary goal of the indian Reorganization Act of 1934?
To restore the right of tribes to self-gpvernamce and to end the allotment policy.
What does the concept of "tribal sovereignty" encompass?
The inherent authority of tribes to govern themselves.
What federal agency is primarily responsible for overseeing Indian affairs?
Bureau of Indian Affairs (BIA)
What type of contracts are tribes generally required to follow under tribal law?
Tribal procurement laws
What type of jurisdiction do tribal courts generally have over civil matters?
Exclusive jurisdiction over matters involving tribal members.
Which act was passed to address the economic development of Native American Tribes by fostering business relationships?
Indian Self-Determination and Education Assistance Act.
Which U.S. Supreme Court case reaffirmed the principle of tribal sovereignty?
United States v. Wheeler.
What is the significance of the Indian Civil Rights Act of 1968?
It applied certain Bill of Rights protections to tribal governments.
How can tribes facilitate economic development through business ventures?
By establishing partnerships and joint ventures with non-tribal entities.
How do tribal courts differ from state courts in their approach to law?
Tribal courts often incorporate traditional practices and community norms
Who was the first Native American to service in the U.S. Congress?
Charles Curtis
How does tribal sovereignty affect state jurisdiction over tribal lands?
States generally lack jurisdiction over tribal lands unless expreely authorized by Congress
What legal doctrine limits the ability of states to imporse regulations on tribal nations?
The doctrine of tribal immunity
What is a key challenge facing businesses trying to operate in Indian Country?
Navigating the complex interplay of federal, Tribal, and state laws.
What is the role of the tribal appellate court?
To review decisions made by lower tribal courts for compliance with tribal law