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Jurisdiction for Tribes Subject to P.L. 280



One of the most contentious issues among tribes is jurisdiction extended by state and local governments. It is a never-ending legal labyrinth, as state and local authorities continuously attempt to exercise control over tribes and tribal members on reservation lands.

From Cabazon to the Supreme Court decision Inyo County v. Paiute-Shoshone Indians, this two-day class will take you through every issue and significant court decision impacting Indian Country jurisdiction within P.L. 280 states. You’ll have the opportunity to discuss legal and tribal issues surrounding sovereignty, such as gaming compact negotiations and sovereign immunity.


T O P I C S   I N C L U D E
History
  • Historical and legal origins of Indian sovereignty
  • Limitations on tribal sovereignty and jurisdiction
Federal Influence
  • Sources and extent of federal authority
  • Roles of the Constitution, Congress and Supreme Court
Basic Concepts of Jurisdiction
  • Civil vs. criminal jurisdiction
  • Types of governmental and judicial jurisdiction
History of Indian Country Jurisdiction
  • Early court definitions of “Indian Country”
Tribal Jurisdiction in Indian Country
  • Governmental authority
  • Criminal jurisdiction
  • Civil court jurisdiction:
    • Domestic relations, marriage, divorce, child custody
    • Business and contracts
    • Probate
  • Regulatory jurisdiction:
    • Business licensing
    • Land and use zoning
    • Environmental protection
    • Water use and allocation
    • Liquor possession and sales
  • Tribal membership
  • Hunting, fishing and gathering
  • Tribal taxation
  • Indian Civil Rights Act
  • Safety codes
Federal Jurisdiction
  • Major Crimes Act
  • Indian Country Crimes Act
  • Federal Enclaves Act
  • Assimilative Crimes Act
  • Regulatory jurisdiction
  • Taxation
State Jurisdiction — P.L. 280
  • Civil regulatory vs. criminal prohibitive
  • Limits on state authority
  • What the courts say
  • Impacts on gaming
  • Concurrent jurisdiction
Local Jurisdiction
  • Application to P.L. 280 states
  • Limits on local authority
Case Law
  • California:
    • California v. Cabazon Band of Mission Indians
    • Inyo County, et al. v. Paiute-Shoshone Indians of the Bishop Community
    • Lobo Gaming v. Pit River Tribe
    • Jon George v. Sycuan Casino
    • Bugenig v. Hoopa Valley Tribe
    • EEOC v. Karuk Tribe Housing Authority
  • Minnesota:
    • Minnesota v. Franklin William LaRose
  • Washington:
    • Madison v. Snohomish County
  • Nevada:
    • Nevada v. Hicks
  • Alaska:
    • John v. Baker

    *Topics subject to change.

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