How cited: Cluster 420797 · Go Syfert

Cluster 420797 (1983)

green · 126 citation events across 18 courts. Showing the 47 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1983 → 2026 · click a year to view the case as of then
198320042026
yellow Holly v. Totus (1983)
But See · E.D. Wash. · signal: but see
But see, Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 599 (9th Cir.1983) ("Neither Merrion nor the language of the IRA requires a tribe to adopt a constitution before exercising civil jurisdiction over non-Indians".)
Rule Authority · 9th Cir. · 4 citations in this opinion
“Indian tribes have long been recognized as sovereign entities, ‘possessing attributes of sovereignty over both their members and their territory.’ ” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983) (quoting United States v. Wheeler, 435 U.S. 313, 323 , 98 S.Ct. 1079 , 55 L.Ed.2d 303 (1978) (quoting United States v. Mazurie, 419 U.S. 544, 557 , 95 S.Ct. 710 , 42 L.Ed.2d 706 (1975))).
Rule Authority · 9th Cir. · 3 citations in this opinion
Tribal jurisdiction stems from the principle that “Indian tribes have long been recognized as sovereign entities, ‘possessing attributes of sovereignty over both their members and their territory.’” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir. 1983) (quoting United States v. Wheeler, 435 U.S. 313, 323 (1978)).
quoting United States v. Wheeler, 435 U.S. 313, 323 (1978)
Rule Authority · 9th Cir. · 3 citations in this opinion
Hardin's exclusion falls within the Tribe's civil powers. "[T]he regulation is designed to keep reservation peace and protect the health and safety of tribal members," Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984), and as such is a permissible and "necessary exercise of tribal self-government and territorial management." Id; see Montana, 450 U.S. at 564 , 101 S.Ct. at 1257-58 .
Rule Authority · 9th Cir. · 3 citations in this opinion
Hardin's exclusion falls within the Tribe's civil powers. "[T]he regulation is designed to keep reservation peace and protect the health and safety of tribal members," Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984), and as such is a permissible and "necessary exercise of tribal self-government and territorial management." Id.; see Montana, 450 U.S. at 564 , 101 S.Ct. at 1257 .
Rule Authority · 9th Cir. · 3 citations in this opinion
Hardin’s exclusion falls within the Tribe’s civil powers. “[T]he regulation is designed to keep reservation peace and protect the health and safety of tribal members,” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984), and as such is a permissible and “necessary exercise of tribal self-government and territorial management.” Id.; see Montana, 450 U.S. at 564 , 101 S.Ct. at 1257 .
Rule Authority · 9th Cir. · 3 citations in this opinion
Hardin’s exclusion falls within the Tribe’s civil powers. “[T]he regulation is designed to keep reservation peace and protect the health and safety of tribal members,” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984), and as such is a permissible and “necessary exercise of tribal self-government and territorial management.” Id; see Montana, 450 U.S. at 564 , 101 S.Ct. at 1257-58 .
Rule Authority · 9th Cir. · 2 citations in this opinion
“Indian tribes have long been recognized as sovereign enti- ties, ‘possessing attributes of sovereignty over both their members and their territory.’ ” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir. 1983) (quoting United States v. Wheeler, 435 U.S. 313, 323 (1978) (quoting United States v. Mazurie, 419 U.S. 544, 557 (1975))).
quoting United States v. Wheeler, 435 U.S. 313, 323 (1978) (quoting United States v. Mazurie, 419 U.S. 544, 557 (1975))
Rule Authority · 9th Cir. · 2 citations in this opinion
This civil authority over non-Indians which the tribe retains, “derives not only from the tribe’s inherent power necessary to self-government and territorial management, but also from the power to exclude nonmembers from tribal land.” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir.1983).
Rule Authority · 9th Cir.
The most important of these principles is that “Indian tribes have long been recognized as sovereign entities, ‘possessing attributes of sovereignty over both their members and their territory.’” Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir. 1983) (quoting United States v. Wheeler, 435 U.S. 313, 323 (1978)).
quoting United States v. Wheeler, 435 U.S. 313, 323 (1978)
green Means v. Navajo Nation (2005)
Rule Authority · 9th Cir.
R.Crim.P. 7(a)(2). 78 See Navajo Nation Code tit. 1. 79 Treaty between the United States of America and the Navajo Tribe of Indians, June 1, 1868, U.S.-Navajo, 15 Stat. 667 80 Id. 81 Id. 82 Cf. Tsosie v. United States, 825 F.2d 393, 400-02 (Fed.Cir.1987); Hebah v. United States, 192 Ct.Cl. 785 , 428 F.2d 1334, 1338-40 (1970). 83 See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 595-98 (9th Cir.1983); Arizona ex rel.
green Means v. Navajo Nation (2005)
Rule Authority · 9th Cir.
V; cf. Fed.R.Crim.P. 7(a)(2). 70 See Navajo Nation Code tit. 1. 71 Treaty between the United States of America and the Navajo Tribe of Indians, June 1, 1868, U.S.-Navajo, 15 Stat. 667 72 Id. 73 Id. 74 Cf. Tsosie v. United States, 825 F.2d 393, 400-02 (Fed.Cir.1987); Hebah v. United States, 192 Ct.Cl. 785 , 428 F.2d 1334, 1338-40 (Ct.Cl.1970). 75 See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 595-98 (9th Cir.1983); Arizona ex rel.
Rule Authority · 9th Cir.
Anderson, 736 F.2d at 1364 ; Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
Rule Authority · 9th Cir.
Anderson, 736 F.2d at 1364 ; Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
Rule Authority · 9th Cir.
See Agua Caliente Band of Mission Indians v. County of Riverside, 442 F.2d 1184, 1185 (9th Cir.1971), cert. denied, 405 U.S. 933 , 92 S.Ct. 930 , 30 L.Ed.2d 809 (1972); Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 594 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
Rule Authority · 9th Cir.
Babbit Ford, 710 F.2d at 590. 11 The Board relies, as well, on some statements regarding the nature of sovereign immunity contained in Snow.
Rule Authority · 9th Cir.
Bell v. Hood, 327 U.S. 678, 682-85 , 66 S.Ct. 773, 776-77 , 90 L.Ed. 939 (1946); Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983).
green Begay v. Roberts (1990)
Rule Authority · Ariz. Ct. App. · 4 citations in this opinion
Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983), ce rt. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
green Red Fox v. Hettich (1993)
Rule Authority · S.D. · 3 citations in this opinion
Babbitt Ford, 710 F.2d at 591.
Rule Authority · Ariz. · 2 citations in this opinion
See, e.g., Montana v. United States, 450 U.S. 544, 565 , 101 S.Ct. 1245, 1258 , 67 L.Ed.2d 493 (1981) ("Indian tribes retain inherent sovereign power to exercise some forms of civil jurisdiction over non-Indians"; in particular the tribes may regulate "the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases or other arrangements"); Babbitt Ford, 710 F.2d at 593 (tribal court appropriately ex…
tribal court appropriately exercised civil jurisdiction over non-Indian automobile dealer who repossessed automobile on the reservation, in violation of tribal law, even where contract with Indian was entered into off the reservation
Rule Authority · navajo · 2 citations in this opinion
The court pointed to the exclusion power and its application to those doing business within the Navajo Nation: Nonmembers lawfully entering tribal lands — for example, pursuant to contract with the tribe — nonetheless remain ‘subject to the tribe’s power to exclude them.’ A tribe has the power ‘to place conditions on entry, on continued presence, reservation conduct....’ [and] nonmember[s] who [enter] the jurisdiction of the tribe [remain] ‘subject to the risk that the tribe…
citation omitted; emphasis and brackets in the original
Rule Authority · D.N.D.
The Court finds that genuine issues of fact exist as to whether the sale took place on the reservation. *959 However, the Ninth Circuit Court of Appeals has explained that the first Montana exception applies when a party consents to tribal court jurisdiction: “The power to exercise tribal civil authority over non-Indians derives not only from the tribe’s inherent powers necessary to self-government and territorial management, but also from the power to exclude nonmembers fro…
Rule Authority · navajo
Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 595 (9th Cir. 1983).
green Wilson v. Marchington (1995)
Rule Authority · D. Mont.
Co. v. LaPlante, 480 U.S. 9, 14 , 107 S.Ct. 971, 975 , 94 L.Ed.2d 10 (1987); Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983).
Rule Authority · D. Mont.
Co. v. LaPlante, 480 U.S. 9, 14 , 107 S.Ct. 971, 975 , 94 L.Ed.2d 10 (1987); Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983).
Rule Authority · navajo
Babbitt Ford, Inc. v. The Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir. 1983).
Cited · 9th Cir. · signal: see · 2 citations in this opinion
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 , 596 n. 9, 598 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Cardin v. De La Cruz, 671 F.2d 363, 364, 366 (9th Cir.) (Oliphant eliminates criminal jurisdiction only over non-Indians; yet, if extended to civil cases, it would "eliminate altogether any tribal jurisdiction over persons not members of the tribe”), cert. denied, 459 U.S. 967 , 103 S.Ct. 293 , 74 L.Ed.2d 277 (1982).
Cited · 9th Cir. · signal: see · 2 citations in this opinion
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 , 596 n. 9, 598 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Cardin v. De La Cruz, 671 F.2d 363, 364, 366 (9th Cir.) (Oliphant eliminates criminal jurisdiction only over non-Indians; yet, if extended to civil cases, it would "eliminate altogether any tribal jurisdiction over persons not members of the tribe”), cert. denied, 459 U.S. 967 , 103 S.Ct. 293 , 74 L.Ed.2d 277 (1982).
Cited (see also) · 9th Cir. · signal: see, e.g. · 2 citations in this opinion
See, e.g., Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 591 (9th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Cardin v. De La Cruz, 671 F.2d 363, 365 , cert. denied, 459 U.S. 967 , 103 S.Ct. 293 , 74 L.Ed.2d 277 (1982).
Cited (see also) · 9th Cir. · signal: see also
See Brendale, 492 U.S. at 425 (“An Indian tribe’s [] power to exclude nonmembers of the tribe from its lands is not the only source of Indian regulatory authority.”). “[T]ribes have inherent sovereignty independent of that authority arising from their power to exclude.” Id. (citing Merrion, 455 U.S. at 141 ); see also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir. 1983) (“The power to exercise tribal civil authority over [nonmembers] derives not only …
Cited (see also) · 9th Cir. · signal: see also
See Brendale, 492 U.S. at 425 (“An Indian tribe’s [] power to exclude nonmembers of the tribe from its lands is not the only source of Indian regulatory authority.”). “[T]ribes have inherent sovereignty independent of that authority arising from their power to exclude.” Id. (citing Merrion, 455 U.S. at 141 ); see also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir. 1983) (“The power to exercise tribal civil authority over [nonmembers] derives not only …
“The power to exercise tribal civil authority over [nonmembers] derives not only from the tribe’s inherent powers necessary to self- government and territorial management, but also from the power to exclude nonmembers from tribal land.” (citing Merrion, 455 U.S. at 141–44)
Cited · 8th Cir. · signal: see
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983).
green Means v. Navajo Nation (2005)
Cited · 9th Cir. · signal: see
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 595-98 (9th Cir.1983); Arizona ex rel.
green Means v. Navajo Nation (2005)
Cited · 9th Cir. · signal: see
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 595-98 (9th Cir.1983); Arizona ex rel.
Cited · 9th Cir. · signal: see
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 593 (9th Cir.1983) (discussing inherent sovereign authority cases along with the Montana exceptions and holding automobile repossessors subject to exercise of tribal authority because they enter tribal lands and do business with members of the tribe), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Veronica L.
Cited (see also) · 9th Cir. · signal: see, e.g.
See, e.g., Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 (9th Cir.1983) (car dealer subjected himself to tribal jurisdiction by conducting business with the tribe), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984). 21 FMC is of course correct that at some point the commercial relationship becomes so attenuated or stale that Montana's consensual relationship requirement would not be met.
Cited (see also) · 9th Cir. · signal: see, e.g.
See, e.g., Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 (9th Cir.1983) (car dealer subjected himself to tribal jurisdiction by conducting business with the tribe), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
Cited (see also) · 9th Cir. · signal: see also
Williams Co. v. Fort Belknap Housing Authority, 719 F.2d 979, 985 (9th Cir.1983) (fact that contract involved housing to be built on the reservation, to be occupied by reservation members and paid for by an agency representing the tribe, established reservation as locus of contract dispute), cert. denied, --- U.S. ----, 105 S.Ct. 3476 , 87 L.Ed.2d 612 (1985); see also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592-95 (9th Cir.1983) (court upheld tribe's right t…
Cited (see also) · 9th Cir. · signal: see also
Williams Co. v. Fort Belknap Housing Authority, 719 F.2d 979, 985 (9th Cir.1983) (fact that contract involved housing to be built on the reservation, to be occupied by reservation members and paid for by an agency representing the tribe, established reservation as locus of contract dispute), cert. denied, - U.S. -, 105 S.Ct. 3476 , 87 L.Ed.2d 612 (1985); see also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592-95 (9th Cir.1983) (court upheld tribe’s right to reg…
Cited · 9th Cir. · signal: see
See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 (9th Cir.1983), cert. denied, — U.S. — , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984). 8 .
Cited (see also) · S.D. · signal: see also · 2 citations in this opinion
See also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984).
Cited · Ariz. · signal: accord · 2 citations in this opinion
Accord, Babbitt Ford v. Navajo Indian Tribe, 710 F.2d 587 (9th Cir.1983) (tribal court has jurisdiction over repossession on reservation of motor vehicles purchased off reservation by tribe members).
Cited (see also) · S.D. · signal: see also
Ed. 2d 343 (1989)); see also Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592 (9th Cir. 1983). [¶19.] Here, the circuit court issued findings of fact and conclusions of law alongside its order granting the Appellees’ motion to dismiss.
Cited (see also) · S.D. · signal: see also
Ed. 2d 343 (1989) ); see also Babbitt Ford, Inc. v. Navajo Indian Tribe , 710 F.2d 587 , 592 (9th Cir. 1983). [¶19.] Here, the circuit court issued findings of fact and conclusions of law alongside its order granting the Appellees' motion to dismiss.
Cited · D. Ariz. · signal: accord
With respect to Congressional Indian policy, Public Law 764 followed on the heels of the Indian Reorganization Act of 1934, which “reflected a new policy of the Federal Government ... aimed to put a halt to the loss of tribal lands.” Mescalero Apache Tribe v. Jones, 411 U.S. 145, 151 , 93 S.Ct. 1267 , 36 L.Ed.2d 114 (1973); accord Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 , 599 n. 14 (9th Cir.1983).
Cited · D. Utah · signal: see
See id. at 591 .
Cited (see also) · D. Utah · signal: see also
See also, Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587, 592-93 (9th Cir.1983), cert. denied, — U.S. - 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Knight, 670 F.2d at 903-04 .