In a Class by Themselves: A Proposal toIncorporate Tribal Courts into the FederalCourt System Without CompromisingTheir Unique Status As "DomesticDependent Nations"

Table of ContentsI. Introduction 285II. Tribal Sovereignty and the Development of Modern Indian Policy 287III. Tribal Court Jurisdiction Under Supreme Court Precedent 289A. Modern Tribal Court Criminal Jurisdiction 2901. The Determinative Power of Party Status 2902. Double Jeopardy 292B. Civil Jurisdiction 2931. Party Status 2932. Land Status 295IV. Problems with the Current State of Tribal Jurisdiction 297A. Issues Unique to Tribal Courts and the Role of Tribal Courts in the Federalist System 2971. The Interaction of State and Tribal Courts and Public Law 280 2982. The Exhaustion Doctrine and Its Effect on the Tribal/Federal Relationship 301B. Problems in the Criminal Jurisdiction Context 304C. Conflict of Laws Concerns 3051. Which Law Should Apply? 3062. Problems with Judgment Recognition 307D. Forum Shopping and Fundamental Fairness Concerns 308E. Issues of Tribal Sovereignty 309V. Potential Solutions That Treat Indian Tribes Like Other Political Entities 309A. Treat Indian Tribes Like States 310B. Treat Indian Tribes As Foreign Countries 314C. Treat Indian Tribes As Administrative Agencies 316D. Treat Indian Tribes As Federal Territories 317VI. A Proposal for a More Tailored Solution 320A. A Proposal to Modify the Present State of Tribal Court Jurisdiction 3201. Proposed Changes to Tribal Court Criminal Jurisdiction 3212. A Proposal to Expand Tribal Court Civil Jurisdiction 323a. Presumptive Civil Jurisdiction in Tribal Courts........ 323b. Maintaining Some Limits on Tribal Court Civil Jurisdiction 324(1) Limits on Supplemental Jurisdiction 324(2) Adjustments to Tribal Sovereign Immunity 325c. Answering the Critics 3273. Adjustments to State and Federal Court Jurisdiction Resulting from Increased Tribal Court Jurisdiction ........328B. The Structure of the Proposed Tribal Court System 3291. A Court for Every Tribe 3302. Tribal Appellate Courts for Larger Tribes 3303. Creating a New Federal Circuit Court of Appeals 331C. Procedural Devices to Control Interactions Between Tribal Courts and Federal and State Courts 3321. Levels of Review in the CFR Appellate Courts 3332. Levels of Review in the CAIC . …