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Conflicting Cultures: Casino Growth Reveals Differences Between Indian Law, State Law (From Native Americans, Crime, and Justice, P 36-37, 1996, Marianne O Nielsen and Robert A Silverman, eds. -- See NCJ-168132)

NCJ Number
168135
Author(s)
F Martinez
Date Published
1996
Length
2 pages
Annotation
As Indians and non-Indians have increased contact on tribal reservations, the roles of tribal law and State law are causing confusion.
Abstract
Casino gambling on Indian reservations is bringing Indians and non-Indians together as never before. The growing industry has also brought more companies, construction firms, convenience stores, and gas stations to the reservation. Seven American Indian reservations in Michigan are recognized as individual sovereign nations by the Federal Government and operate under their own laws and ordinances. Tribal courts have jurisdiction only over civil issues, however; criminal issues are subject to State law for both Indians and non-Indians. Under these conditions a number of problems have arisen; for example, if a company fails to complete a job at a casino as specified in a contract, the tribal member may file suit and win, but the tribal court does not have authority to enforce the ruling. Another frequent problem is the collection of child support in cases where one parent is an Indian and the other is not. The tribe is not required to honor a circuit court ruling for child support. Other common problems between Indians and non-Indians involve child custody disputes that are under the jurisdiction of tribal courts, but which are sometimes ignored or challenged by State courts.