John v. Baker

TABLE OF CONTENTS

I. Introduction. 766

II. Historical Setting. 768

III. How This Case Should Be Decided . 771

IV. Summary of the Majority’s Reasoning. 772

V. The Allocative Principle of State and Tribal Power. 774

A. The Allocative Principle Is a Fundamental Component of American Indian Law.

B. The Supreme Court Has Traditionally Viewed Whether or Not a Case Arose in Indian Country as a Threshold Issue. 777

C. Indian Country as a Jurisdictional Concept Encompasses Tribal Power over Both Tribal Lands and Members. 778

D. The Majority’s Decision Is Internally Inconsistent with Regard to the Importance of…