In our current project we examine the role of federal and state courts in adjudicating indigenous issues. During our work we have come to understand there are underlying mechanisms between the nature of federalism and how that plays out in PL-280 states. Public Law 83-280, which was passed by Congress in 1953, provided concurrent civil and criminal jurisdiction over indigenous reservations between the PL 280 states and the federal government. This arrangement diminished tribal sovereignty and rendered the relationship between Indigenous Peoples and the federal and state governments much more complex than the prior arrangement. While this scenario presents itself as a legal conflict between the federal and several state governments, the rights of Indigenous Peoples are often at stake as these issues are adjudicated in the courts. Consequently, we plan to record the interaction between Tribes, the federal government, and state governments in this complex triadic relationship.
Posting date: Tue, 08/27/2024
Award start date: Thu, 09/01/2022
Award end date: Sat, 02/28/2026