Tribal Judicial Enhancement Act: Hearing Before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, First Session, on S. 667 to Provide Support for and Assist the Development of Tribal Judicial Systems, June 5, 1991, Washington, DC.U.S. Government Printing Office, 1991 - 341 páginas |
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Página 97
... habeas corpus denied ; fifth amendment does not apply to tribes ) ; Native Am . Church v Navajo Tribal Council , 272 F.2d 131 , 134-35 ( 9th Cir . 1959 ) ( first amendment does not protect peyote used in religious ceremony from being ...
... habeas corpus denied ; fifth amendment does not apply to tribes ) ; Native Am . Church v Navajo Tribal Council , 272 F.2d 131 , 134-35 ( 9th Cir . 1959 ) ( first amendment does not protect peyote used in religious ceremony from being ...
Página 100
... habeas corpus and in tribal forums . ' " ... Con- gress intended only to modify the substance of the law appli- cable to Indian tribes . . . . " " Tribal forums are available to vindicate rights created by the Act , and § 1302 has the ...
... habeas corpus and in tribal forums . ' " ... Con- gress intended only to modify the substance of the law appli- cable to Indian tribes . . . . " " Tribal forums are available to vindicate rights created by the Act , and § 1302 has the ...
Página 108
... habeas corpus is sought that results from the detention of a person by an Indian court . 158 In this context , the federal courts continue to be unable to resist the temptation to make only a slight bow toward the exhaustion doctrine ...
... habeas corpus is sought that results from the detention of a person by an Indian court . 158 In this context , the federal courts continue to be unable to resist the temptation to make only a slight bow toward the exhaustion doctrine ...
Página 112
... habeas corpus under the Indian Civil Rights Act175 but federal courts will require the prisoner to first exhaust tribal remedies.176 Thus , a criminal defendant should appeal or seek a writ in the tribal system before filing in federal ...
... habeas corpus under the Indian Civil Rights Act175 but federal courts will require the prisoner to first exhaust tribal remedies.176 Thus , a criminal defendant should appeal or seek a writ in the tribal system before filing in federal ...
Página 113
... habeas corpus relief in child custody matters ) . 180. National Farmers Union Insurance Co. , v . Crow Tribe of Indians , 471 U.S. 845 , 847 ( 1985 ) ; Iowa Mutual Insurance Co. v . LaPlante , 107 S. Ct . 971 ( 1987 ) . See also Snow v ...
... habeas corpus relief in child custody matters ) . 180. National Farmers Union Insurance Co. , v . Crow Tribe of Indians , 471 U.S. 845 , 847 ( 1985 ) ; Iowa Mutual Insurance Co. v . LaPlante , 107 S. Ct . 971 ( 1987 ) . See also Snow v ...
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9th Cir actions administration American Indian Apache Tribe Attorney authority bill Bureau of Indian Chairman Civil Rights Act Code tit Commission Committee CONGRESS THE LIBRARY constitution creditors criminal Crow Tribe enforcement established faith and credit federal courts full faith habeas corpus ICRA independent Indian Affairs Indian Civil Rights Indian justice Indian Law Indian tribes John McCain Judicial Services jurisdiction justice systems legislation LIBRARY OF CONGRESS Native Americans Navajo courts Navajo Indian country Navajo judiciary Navajo Nation Navajo Rptr Navajo Tribal Council non-Indian NUCC Office of Tribal procedures programs rules Santa Clara Pueblo Section Senator MCCAIN separation of powers Shoshone-Bannock Tribes Sioux sovereign immunity standards supra note Supreme Court technical assistance Tohono O'odham traditional Trib Tribal Code tribal court systems tribal governments tribal judges Tribal Judicial Support tribal judicial systems tribal law tribal remedies tribal sovereignty Window Rock
Pasajes populares
Página 282 - If the collateral is consumer goods, the debtor has a right to recover in any event an amount not less than the credit service charge plus ten per cent of the principal amount of the debt or the time price differential plus ten per cent of the cash price.
Página 80 - Indian tribes still possess those aspects of sovereignty not withdrawn by treaty or statute, or by implication as a necessary result of their dependent status.
Página 321 - Nation in cases within their jurisdiction are on the same footing with those of the courts of the Territories of the Union, and...
Página 282 - UCITA§102(a)(16). consumer goods (contract) "[Goods] used or bought for use primarily for personal, family or household purposes.
Página 337 - Navajos have a traditional abiding respect for the impartial adjudicatory process. When all have been heard and the decision is made, it is respected. This has been the Navajo way since before the time of the present judicial system. The Navajo People did not learn this principle from the white man. They have carried it ... through history.
Página 320 - Tribal courts have repeatedly been recognized as appropriate forums for the exclusive adjudication of disputes affecting important personal and property interests of both Indians and non-Indians.
Página 222 - ... introduced, these measures covered the six major areas in which the rights of Indians have been neglected for years. As amended, S. 1843 was used as the vehicle for combining the provisions of the six original measures. The committee feels that the omnibus bill is the most expeditious method of securing for the American Indian the broad constitutional rights afforded to other Americans.
Página 229 - Congress retains authority expressly to authorize civil actions for injunctive or other relief to redress violations of § 1302, in the event that the tribes themselves prove deficient in applying and enforcing its substantive provisions. But unless and until Congress makes clear its intention to permit the additional intrusion on...
Página 61 - Mr. Chairman and members of the committee, 1 appreciate the opportunity to appear before this committee and to provide data in support of the operation and maintenance appropriation requests for fiscal year 1971.
Página 322 - Moreover the orderly administration of justice in the federal court will be served by allowing a full record to be developed in the Tribal Court before either the merits or any question concerning appropriate relief is addressed.