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Strate Vs. A-1 Contractors
Cites for this judgment
- US Supreme Court
- Apr 28, 1997
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Strate v. A-1Search
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Associate Tribal Judge, Tribal Court of the Three Affiliated Tribes of the Fort Berthold Indian Reservation, Et Al. V. a-LSearch
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an injunction against further Tribal Court proceedings. Relying particularly on National Farmers Union Ins. Coso v. CrowSearch
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Tribe, 471 U. S. 845 , and Iowa Mut. Ins. Co. v. LaPlanteSearch
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The 439 en banc Eighth Circuit reversed, concluding that the controlling precedent was Montana v. UnitedSearch
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statute or treaty, tribal jurisdiction over nonmembers' conduct exists only in limited circumstances. In Oliphant v. SuquamishSearch
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U. S. 191 , the Court held that tribes lack criminal jurisdiction over non-Indians. Later, in Montana v. UnitedSearch
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Tribes and their members. Petitioners are correct that Montana and the cases following its instruction-Brendale v. ConfederatedSearch
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Tribes and Bands of Yakima Nation, 492 U. S. 408 , and South Dakota v. BourlandSearch
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the conduct at issue in the cases cited by Montana, id., at 565-566, as fitting within the exception, Williams v. LeeSearch
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Buster v. WrightSearch
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and Washington v. ConfederatedSearch
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Brief any citation in this list with AI Studio
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whether a State's (or Territory's) exercise of authority would trench unduly on tribal self-government. Fisher v. DistrictSearch
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Montana Catholic Missions v. MissoulaSearch
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and Thomas v. GaySearch
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for the Shakopee Mdewakanton Sioux (Dakota) Community et al. by Kurt V. BlueDogSearch
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Court. See id., at 41-45. Relying particularly on this Court's decisions in National Farmers Union Ins. Coso v. CrowSearch
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Tribe, 471 U. S. 845 (1985), and Iowa Mut. Ins. Co. v. LaPlanteSearch
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is here at issue. 445 76 F.3d 930 (1996). The Court of Appeals concluded that our decision in Montana v. UnitedSearch
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or treaty, tribal jurisdiction over the conduct of nonmembers exists only in limited circumstances. In Oliphant v. SuquamishSearch
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U. S. 191 (1978), the Court held that Indian tribes lack criminal jurisdiction over non-Indians.5 Montana v. UnitedSearch
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Ibid. 5 In Duro v. ReinaSearch
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not cover lands owned by, or held 6 Montana's statement of the governing law figured prominently in Brendale v. ConfederatedSearch
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Tribes and Bands of Yakima Nation, 492 U. S. 408 (1989), and in South Dakota v. BourlandSearch
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establishes tribal-court adjudicatory authority, even over the lawsuits involved in those cases. Accord, Brendale v. ConfederatedSearch
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over the activities of non-Indians on reservation lands is an important part of tribal sovereignty. See Montana v. UnitedSearch
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Washington v. ConfederatedSearch
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Fisher v. DistrictSearch
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U. S., at 565, with two prime exceptions, id., at 565-566. The case cited second is Washington v. ConfederatedSearch
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U. S., at 153. The third case noted in conjunction with the Iowa Mutual statement is Fisher v. DistrictSearch
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and the United States point out that in Montana, as in later cases following Montana's instruction-Brendale v. ConfederatedSearch
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Tribes and Bands of Yakima Nation, 492 U. S. 408 (1989), and South Dakota v. BourlandSearch
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to detain and turn over to state officers nonmembers stopped on the highway for conduct violating state law. Cf. State v. SchmuckSearch
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Williams v. LeeSearch
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in neither case did the Court find a significant tribal interest at stake. See Montana Catholic Missions v. MissoulaSearch
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or federal courts will be the only forums competent to adjudicate those disputes. See National Farmers Union Ins. Coso v. CrowSearch
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National Farmers Union Ins. Coso v. CrowSearch
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and Iowa Mut. Ins. Co. v. LaPlanteSearch
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Montana v. UnitedSearch
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In Oliphant v. SuquamishSearch
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and South Dakota v. BourlandSearch
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Kurt v. BlueDogSearch
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In Duro v. ReinaSearch
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Brendale v. ConfederatedSearch
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Accord, Brendale v. ConfederatedSearch
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See Montana v. UnitedSearch
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Cf. State v. SchmuckSearch
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