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State Jurisdiction over Indians As a Subject of Federal Common Law: The Infringement-Preemption Test

Abstract

Recent Supreme Court decisions have left unclear in what situations state courts may exercise civil jurisdiction over cases involving Indians. The author suggests that the appropriate balance between state and tribal court jurisdiction can be struck if the state courts properly apply the preemption-infringement test with due regard to the federal policy underlying that test.

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21 Ariz. L. Rev. 85 (1979)

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