Making Sense Out of Nevada v. Hicks: A Reinterpretation

Authors

Alex Tallchief Skibine, University of Utah College of Law

First Page

347

Document Type

Article

Abstract

This article will first, summarize the law as it was before Hicks and second, focus on the various concurring opinions found in Hicks. Then, it will analyze the nature of the tribal right to exclude in an attempt to reconcile the results reached by the U.S. Supreme Court in terms of federalist principles. The article continues by arguing that Hicks can be conceived of as a special case requiring a clear statement from Congress before tribal jurisdiction can be judicially acknowledged. Finally, the article concludes by debating whether tribal powers, having been judicially divested, can be resuscitated through legislation, and whether such legislation can reaffirm inherent tribal authority without amounting to a delegation of federal authority to the tribes.

Recommended Citation

Alex T. Skibine, Making Sense Out of Nevada v. Hicks: A Reinterpretation, 14 St. Thomas L. Rev. 347 (2001).
Available at: https://scholarship.stu.edu/stlr/vol14/iss2/9