Federal Indian Law Update

Given the complexity of federal Indian law, it is helpful to start with a brief introduction to federal Indian law. Much of the information appearing in this first section of the annual update is repetitive of material included in previous updates. A review of these foundational principles may prove helpful. There are three potential sovereigns that may be able to assert jurisdiction in matters arising within Indian country: tribal government, state government, or the federal government. Which sovereign is legally capable of asserting jurisdiction often turns on two questions: (1) the political identity of the parties involved; and (2) the location of the action giving rise to the matter.