Is a state's statutory preemption analysis applicable to Indian law cases?
MultiRegion, United States of America
The following excerpt is from Yavapai-Prescott Indian Tribe v. Scott, 117 F.3d 1107 (9th Cir. 1997):
"The standard preemption analysis is inapplicable to cases involving Indian law." Gila River Indian Community v. Waddell ("Gila River II "), 91 F.3d 1232, 1236 (9th Cir.1996). In the Indian law context, state law is preempted if the balance of tribal, federal, and state interests tips in favor of preemption. Id. Traditional notions of Indian sovereignty and the federal goal of promoting
Page 1114
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a federal court review a state court's application of an individual statutory aggravating or mitigating circumstance in a particular case? (MultiRegion, United States of America)
What are the findings and conclusions of an officer's analysis and analysis of the applicant's case? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Is there any case law or case law relating to the application for an interim discharge of an applicant who has a Canadian-born child? (Canada (Federal), Canada)
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the test for a stay of execution of an order to allow an application to stay an order that would have prevented the application from entering into the United States? (Canada (Federal), Canada)
What is the case law around the use of a non-advertised process as a substitute for an applicant’s application? (Canada (Federal), Canada)
