[20080818]RS22820_印第安部落民事管辖权对非印第安人的影响：Plains Commerce Bank诉Long Family Land and Flow Co.股份有限公司.pdf

1、1 Felix S. Cohen. Handbook of Federal Indian Law 205 (Nell Jessup Newton ed. 2005)hereinafter “Cohen”. See also Worcester v. Georgia, 31 U.S. 515, 559 (1832) (characterizingIndian tribes as “distinct, independent political communities”).2 See United States v. Wheeler, 435 U.S. 313 (1978).Order Code

2、RS22820Updated August 18, 2008Indian Tribal Civil Jurisdictions Reach OverNon-Indians: Plains Commerce Bank v. Long Family Land and Cattle Co., Inc.Yule KimLegislative AttorneyAmerican Law DivisionSummaryMany Indian tribes have tribal court systems where tribal laws and regulations maybe enforced ag

3、ainst tribal members. However, absent express congressionalauthorization, a tribal court may subject nonmembers to its civil jurisdiction for claimsarising from non-Indian fee lands located within Indian reservations only if: (1) thenonmember has entered into a consensual commercial relationship wit

4、h the tribe or atribal member, or (2) the conduct of the nonmember has some direct effect on thepolitical integrity, economic security, or the health or welfare of the tribe. The SupremeCourt addressed the reach of tribal civil jurisdiction over nonmembers in PlainsCommerce Bank v. Long Family Land