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6 California opinions name it 1 courts 2019–2020 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wagnon v. Prairie Band Potawatomi Nationgreen2 sentences2020(Bracker, supra, 448 U.S. at p. 151 .) As Bracker noted, it was “undisputed that the economic burden of the asserted taxes [would] ultimately fall on the [t]ribe” because a tribal entity had “agreed to reimburse Pinetop for any tax liability incurred as a result of its on-reservation business (New Mexico)), or concluded that Bracker does not apply in a given context (e.g., Wagnon v. Prairie Band Potawatomi Nation (2005) 546 U.S. 95, 99 [holding that the Bracker test “does not apply where, as here, a state tax is imposed on a non-Indian and arises as a result of a transaction that occurs off th 2020(Bracker, supra, 448 U.S. at p. 151 .) As Bracker noted, it was “undisputed that the economic burden of the asserted taxes [would] ultimately fall on the [t]ribe” because a tribal entity had “agreed to reimburse Pinetop for any tax liability incurred as a result of its on-reservation business (New Mexico)), or concluded that Bracker does not apply in a given context (e.g., Wagnon v. Prairie Band Potawatomi Nation (2005) 546 U.S. 95, 99 [holding that the Bracker test “does not apply where, as here, a state tax is imposed on a non-Indian and arises as a result of a transaction that occurs off th | 2 | 2 |
State Ex Rel. Wasden v. Native Wholesale Supply Co.green2 sentences2019Thus, we hold that NWS’s importation of non-compliant cigarettes into Idaho is an off-reservation activity and is therefore not subject to a Bracker analysis.” (Wasden, supra, 312 P.3d at p. 1263 , fn. omitted.) 18 3 The Indian Commerce Clause Is Inapplicable NWS argues it qualifies as an “Indian” for purposes of the Indian Commerce Clause analysis in two ways: (1) by regulation under California law because it is an Indian-owned corporation; and (2) derivatively through its owner’s tribal member status based on United States Supreme Court precedent. 2019Thus, we hold that NWS’s importation of non-compliant cigarettes into Idaho is an off-reservation activity and is therefore not subject to a Bracker analysis.” (Wasden, supra, 312 P.3d at p. 1263 , fn. omitted.) 18 3 The Indian Commerce Clause Is Inapplicable NWS argues it qualifies as an “Indian” for purposes of the Indian Commerce Clause analysis in two ways: (1) by regulation under California law because it is an Indian-owned corporation; and (2) derivatively through its owner’s tribal member status based on United States Supreme Court precedent. | 1 | 2 |
Rice v. Rehnergreen2 sentences2019In circumstances involving conduct that is partially on-reservation and partially off-reservation, "a State may validly assert authority over the activities of nonmembers on a reservation" if a balancing of interests under Bracker , supra, 448 U.S. 136 [ 100 S.Ct. 2578 ] calls for it. ( New Mexico II , supra , 462 U.S. at p. 331 [ 103 S.Ct. 2378 ].) And in this balancing process, the "State's regulatory interest will be particularly substantial if the State can point to off-reservation effects that necessitate State intervention." ( Id . at p. 336, 103 S.Ct. 2378 ; see Rice , supra , 463 U.S. 2019In circumstances involving conduct that is partially on-reservation and partially off-reservation, "a State may validly assert authority over the activities of nonmembers on a reservation" if a balancing of interests under Bracker , supra, 448 U.S. 136 [ 100 S.Ct. 2578 ] calls for it. ( New Mexico II , supra , 462 U.S. at p. 331 [ 103 S.Ct. 2378 ].) And in this balancing process, the "State's regulatory interest will be particularly substantial if the State can point to off-reservation effects that necessitate State intervention." ( Id . at p. 336, 103 S.Ct. 2378 ; see Rice , supra , 463 U.S. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
White Mountain Apache Tribe v. Bracker
green
2 sentences2020(Bracker, supra, 448 U.S. at p. 151 .) As Bracker noted, it was “undisputed that the economic burden of the asserted taxes [would] ultimately fall on the [t]ribe” because a tribal entity had “agreed to reimburse Pinetop for any tax liability incurred as a result of its on-reservation business (New Mexico)), or concluded that Bracker does not apply in a given context (e.g., Wagnon v. Prairie Band Potawatomi Nation (2005) 546 U.S. 95, 99 [holding that the Bracker test “does not apply where, as here, a state tax is imposed on a non-Indian and arises as a result of a transaction that occurs off th 2020(Bracker, supra, 448 U.S. at p. 151 .) As Bracker noted, it was “undisputed that the economic burden of the asserted taxes [would] ultimately fall on the [t]ribe” because a tribal entity had “agreed to reimburse Pinetop for any tax liability incurred as a result of its on-reservation business (New Mexico)), or concluded that Bracker does not apply in a given context (e.g., Wagnon v. Prairie Band Potawatomi Nation (2005) 546 U.S. 95, 99 [holding that the Bracker test “does not apply where, as here, a state tax is imposed on a non-Indian and arises as a result of a transaction that occurs off th | 4 | 2019–2020 |
New Mexico v. Mescalero Apache Tribe
green
2 sentences2019In circumstances involving conduct that is partially on-reservation and partially off-reservation, "a State may validly assert authority over the activities of nonmembers on a reservation" if a balancing of interests under Bracker , supra, 448 U.S. 136 [ 100 S.Ct. 2578 ] calls for it. ( New Mexico II , supra , 462 U.S. at p. 331 [ 103 S.Ct. 2378 ].) And in this balancing process, the "State's regulatory interest will be particularly substantial if the State can point to off-reservation effects that necessitate State intervention." ( Id . at p. 336, 103 S.Ct. 2378 ; see Rice , supra , 463 U.S. 2019In circumstances involving conduct that is partially on-reservation and partially off-reservation, "a State may validly assert authority over the activities of nonmembers on a reservation" if a balancing of interests under Bracker , supra, 448 U.S. 136 [ 100 S.Ct. 2578 ] calls for it. ( New Mexico II , supra , 462 U.S. at p. 331 [ 103 S.Ct. 2378 ].) And in this balancing process, the "State's regulatory interest will be particularly substantial if the State can point to off-reservation effects that necessitate State intervention." ( Id . at p. 336, 103 S.Ct. 2378 ; see Rice , supra , 463 U.S. | 1 | 2019–2019 |
People ex rel. Harris v. Native Wholesale Supply Co.
green
2 sentences2019Code, § 30010.) Here, NWS arranged for the transport of millions of contraband cigarettes to Big Sandy in California. ( Harris , supra , 196 Cal.App.4th at p. 362 , 126 Cal.Rptr.3d 257 .) NWS does not dispute the trial court's factual finding that NWS had the requisite knowledge, and there is no evidence that the contraband cigarettes somehow avoided passing through California. *94 Thus, the legal incidence of the penalties and liability under the Directory Statute attached before the contraband cigarettes reached Big Sandy's reservation -- while the cigarettes were on their way to their final 2019Code, § 30010.) Here, NWS arranged for the transport of millions of contraband cigarettes to Big Sandy in California. ( Harris , supra , 196 Cal.App.4th at p. 362 , 126 Cal.Rptr.3d 257 .) NWS does not dispute the trial court's factual finding that NWS had the requisite knowledge, and there is no evidence that the contraband cigarettes somehow avoided passing through California. *94 Thus, the legal incidence of the penalties and liability under the Directory Statute attached before the contraband cigarettes reached Big Sandy's reservation -- while the cigarettes were on their way to their final | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.