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By Stephen L. Pevar

This informative consultant completely discusses the criminal powers of Indian tribes; civil and felony jurisdiction on Indian reservations; Indian looking, fishing, and water rights; taxation in Indian state; the Indian Civil Rights Act; the Indian baby Welfare Act; and tribal jurisdiction over non-Indians.

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450f et seq. C. 34. C. Secs. 21018. 35. Pub. L. No. 97473, 96 Stat. ). 36. C. Secs. 270121. 37. New Mexico v. S. 324, 33435 (1983). 38. Final Report, note 1 above, p. 13. 39. President's Statement on Indian Policy, 1983, Pub. Papers 96, 99 (1984). Page 12 II Definitions: "Indian," "Indian Tribe," "Indian Country," and "Indian Title" A. "Indian" Who is an "Indian"? " Therefore, determining who is an Indian is difficult. For example, people who have one-quarter Indian blood and three-quarters Caucasian blood could call themselves either Indian or Caucasian.

461 (Washington, DC: Government Printing Office, 1977). 15. See Cohen, note 1 above, p. 6; Mashpee Tribe v. 2d 480, 484 (1st Cir. 1987). 16. Mashpee Tribe, note 15 above; James v. 2d 71 (1st Cir. 1983), cert. S. 1209 (1984). 17. S. v. Washington, 384 F. Supp. D. Wash. 2d 676 (9th Cir. 1975), cert. S. 1086 (1976). 18. Joint Tribal Council of Passamoquoddy Tribe v. 2d 370 (1st Cir. 1975); State v. 2d 551 (Me. 1979), cert. S. 1098 (1980); Cook Inlet Native Ass'n v. 2d 1471 (9th Cir. 1987). 19. When this occurs, a member of one tribe can acquire certain rights in the other tribe that otherwise would not have been available.

1924 (1982). 2. C. Sec. 479. The concept of federal recognition is discussed later in this chapter. 3. , Zarr v. 2d 1484 (9th Cir. 1986) (invalidating an agency regulation requiring one-quarter Indian blood for educational benefits). See also K. Funke, Education Assistance and Employment Preference, 4 Am. Indian L. Rev. 1 (1976). 4. S. v. ), cert. S. S. v. 2d 770, 776 (8th Cir. 1976), cert. S. 1099 (1977). 5. S. v. S. 566 (1846); State v. 2d 53 (Ariz. 1974). 6. Sully v. , 195 F. 113 (8th Cir. 1912); Makah Indian Tribe v.

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