Indian jurisdiction

INCLUDES: TABLE OF CONTENTS 1. OVERVIEW OF INDIAN JURISDICTION A. INTRODUCTION B. WHAT IS JURISDICTION C. THE STRUGGLE FOR JURISDICTION D. GENERAL STATE OF THE LAW E. CONCLUSION II. CRIMINAL JURISDICTION A. INTRODUCTION B. CREEPING FEDERAL JURISDICTION C. STATE CRIMINAL JURISDICTION D. TRIBAL CRIMINAL JURISDICTION E. CONCLUSION III. CIVIL JURISDICTION A. INTRODUCTION B. FEDERAL CIVIL JURISDICTION C. STATE CIVIL JURISDICTION D. TRIBAL CIVIL JURISDICTION IV. PUBLIC LAW 280 A. OVERVIEW B. HISTORICAL BACKGROUND C. PROVISIONS OF THE ACT D. EFFECTS OF LAW 280 V. OKLAHOMA A. INTRODUCTION B. OKLAHOMA PRIOR TO STATEHOOD C. OKAHOMA & INDIAN TERRITORIES D. STATEHOOD REALIZED E. JURISDICTION IN OKLAHOMA TODAY NOTES 5 APPENDIXES PREFACE BY KIRKE KICKINGBIRD: "INDIAN PEOPLE HOLD A SPECIAL POSITION IN AMERICAN SOCIETY. IN ADDITION TO THE RICH CULTURAL AND HISTORICAL HERITAGE WHICH SETS THEM APART FROM THE REST OF THE SOCIETY, INDIAN GOV'TS HAVE A SPECIAL AND UNIQUE LEGAL AND POLITICAL RELATIONSHIP WITH THE GOV'T OF THE U. S., WHICH IS DEFINIED BY HISTORY, TREATIES, STATUTES, AND COURT DECISIONS AND THE U.S. CONSTITUTION ITSELF. THIS UNIQUE SITUATION IS BASED ON A COMPLEX SET OF FACTORS, AND THE LEGAL INTRICACIES INVOLVED ARE OFTEN DIFFICULT TO UNDERSTAND FOR INDIANS AND NON-INDIANS ALIKE. YET FUNDAMENTAL KNOWLEDGE ABOUT FEDERAL INDIAN LAW PROVIDES THE LEGITIMATE AUTHORITY FOR THE AFFIRMATION AND ASSERTION OF AMERICAN INDIAN RIGHTS AND CORRECTS MISCONCEPTIONS ABOUT THE IDEA OF A GRANT OF GRATUITOUS PRIVILEGES TO INDIANS. FUNDAMENTAL KNOWLEDGE OF INDIAN LAW IS A PREREQUISITE FOR TRIBAL DEICISION-MAKING. THE INSTITUTE FOR THE DEVELOPMENT OF INDIAN LAW WAS FOUNDED IN 1971, BY 3 INDIAN ATTORNEYS TO CONTEND WITH THE CHAOS RESULTING FROM 200 YEARS OF U.S. INDIAN POLICY. THE INSTITUTE WAS DESIGNED TO APPLY PRINCIPLES OF LAW AND REASON TO FACTUAL CIRCUMSTANCES AND FOSTER AWARENESS OF FUNDAMENTAL KNOWLEDGE IN THE FIELD OF INDIAN AFFAIRS.