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Broken LandscapeIndians, Indian Tribes, and the Constitution$
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Frank Pommersheim

Print publication date: 2012

Print ISBN-13: 9780199915736

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199915736.001.0001

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Indian Law Jurisprudence in the Modern Era

Indian Law Jurisprudence in the Modern Era

A Common Law Approach Without Constitutional Principle

(p.211) 8 Indian Law Jurisprudence in the Modern Era
Broken Landscape

Frank Pommersheim

Oxford University Press

This chapter discusses how modern Indian Law jurisprudence has focused on three major concerns: regulating state authority in Indian country, regulating tribal authority over non-Indians and nonmember Indians in Indian country, and interpreting federal statutes that set benchmarks for tribal and/or state activity in Indian country. It describes the principle behind the General Crimes Act, the Major Crimes Act and the Assimilative Crime Act, which maintains the United States' criminal jurisdiction over tribes. The chapter also cites recent cases that could be considered as the cornerstones of the modern era of Indian law, such as Williams v. Lee and White Mountain Apache Tribe v. Bracker.

Keywords:   modern Indian law, state authority, tribal authority, General Crimes Act, Major Crimes Act, Assimilative Crime Act, United States of America, Williams v. Lee, White Mountain Apache Tribe v. Bracker

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