Nevada v Hicks, 991994
| Court | United States Supreme Court |
| Writing for the Court | Scalia |
| Citation | 121 S.Ct. 2304,150 L.Ed.2d 398,533 U.S. 353 |
| Parties | NEVADA, et al., PETITIONERS v. FLOYD HICKS, et al.SUPREME COURT OF THE UNITED STATES |
| Docket Number | 991994 |
| Decision Date | 25 June 2001 |
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327 practice notes
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Nat'l Labor Relations Bd. v. Little River Band of Ottawa Indians Tribal Gov't, No. 14–2239.
...at 557, 101 S.Ct. 1245, and civil adjudicative jurisdiction, see Plains Commerce, 554 U.S. at 336, 341, 128 S.Ct. 2709 ; Nevada v. Hicks, 533 U.S. 353, 357–58, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) ; Strate v. A–1 Contractors, 520 U.S. 438, 456–59, 117 S.Ct. 1404, 137 L.Ed.2d 661 (1997).Mo......
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UTE Indian Tribe of the Uintah v. Lawrence, Case No. 2:16–cv–00579
...court lacks jurisdiction so that the exhaustion requirement ‘would serve no purpose other than delay.’ " Id. (quoting Nevada v. Hicks , 533 U.S. 353, 369, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) ). As will be described, infra , the court finds that these exceptions apply to the Tribal Court'......
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Water Wheel Camp Recreational Area Inc. v. Larance, Nos. 09–17349
...We hold that under the circumstances presented here, where there are no sufficient competing state interests at play, Nevada v. Hicks, 533 U.S. 353, 359–60, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001), the tribe has regulatory jurisdiction through its inherent authority to exclude, independent f......
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UTE Indian Tribe of the Uintah v. Lawrence, No. 16-4154
..."departed from Chief Justice Marshall's view that the laws of a State can have no force within reservation boundaries," Nevada v. Hicks , 533 U.S. 353, 361, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) (brackets and internal quotation 875 F.3d 542marks omitted), federal supremacy over tribes has ......
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331 cases
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UTE Indian Tribe of the Uintah v. Lawrence, Case No. 2:16–cv–00579
...court lacks jurisdiction so that the exhaustion requirement ‘would serve no purpose other than delay.’ " Id. (quoting Nevada v. Hicks , 533 U.S. 353, 369, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) ). As will be described, infra , the court finds that these exceptions apply to the Tribal Court'......
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UTE Indian Tribe of the Uintah v. Lawrence, No. 16-4154
..."departed from Chief Justice Marshall's view that the laws of a State can have no force within reservation boundaries," Nevada v. Hicks , 533 U.S. 353, 361, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) (brackets and internal quotation 875 F.3d 542marks omitted), federal supremacy over tribes has ......
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State v. Shale, No. 90906–7.
...1367 (1945)345 P.3d 778(citing Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 8 L.Ed. 483 (1832), abrogation recognized by Nevada v. Hicks, 533 U.S. 353, 361, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) ). To that end, the enabling act that brought Washington State into the union limited the state'......
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Nieshe v. Concrete School Dist., No. 54451-9-I.
...for the deprivation of `rights, privileges, or immunities secured by the Constitution and laws' of the United States."); Nevada v. Hicks, 533 U.S. 353, 404, 121 S.Ct. 2304, 150 L.Ed.2d 398 (2001) (explaining that § 1983 "merely provides a federal cause of action for the violation of federal......
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9 books & journal articles
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Sovereign Immunity and State Regulation of Federal Facilities and Tribes
...Rice v. Rehner, 463 U.S. 713, 718 (1983); Mescalero Apache Tribe v. Jones, 411 U.S. 145, 147-48 (1973). 147. See , e.g. , Nevada v. Hicks, 533 U.S. 353, 364-65 (2001) (holding that a tribal court did not have jurisdiction to a member’s tort and §1983 claims against the state); South Dakota ......
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The Other American Law.
...904-905, 127 Stat. 54, 120-24 (codified at 25 U.S.C. [section] 1304 and 18 U.S.C. [section] 2265). (61.) Nevada v. Hicks, 533 U.S. 353,361 (62.) Strate v. A-l Contractors, 520 U.S. 438, 453 (1997) (explaining that adjudicatory jurisdiction over nonmembers is no broader than regulatory juris......
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The Evolving Path Toward Achieving Environmental Justice for Native America
...country. 53. See Felix S. Cohen, Handbook of Federal Indian Law §§1.03-1.07 (Univ. of N.M. Press 2005). 54. See, e.g ., Nevada v. Hicks, 533 U.S. 353 (2001); Atkinson Trading Co. v. Shirley, 532 U.S. 645 (2001). In Plains Commerce Bank v. Long Family Land and Cattle Co. , 128 S. Ct. 2709, 2......
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MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET.
...("[I]n exceptional circumstances a State may assert jurisdiction over the on-reservation activities of tribal members."); Nevada v. Hicks, 533 U.S. 353, 362 (2001) ("When... state interests outside the reservation are implicated. States may regulate the activities even of tribe members on t......
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