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Maine » Jurisdiction

 
 

Jurisdiction

Last updated February 16, 2010

State Has Jurisdiction Through Federal Acts Other Than Public Law  280.

  • The Maine Indian Claims Settlement Act confers state civil and criminal jurisdiction over tribes - 25 U.S.C. § 1721 et seq.
  • Aroostook Band of Micmancs Settlement Act confers state civil and criminal jurisdiction - P.L. 102-171, 105 Stat. 1143, Nov. 26, 1991

Legislation

Maine Indian Claims Settlement Act, 25 U.S.C. § 1721 et seq. (state civil and criminal jurisdiction conferred by § 1725(b)(1), (f), and (h); child welfare jurisdiction addressed in  1727(e))

Aroostook Band of Micmancs Settlement Act, P.L. 102-171, 105 Stat. 1143, Nov. 26, 1991 (conferring state civil and criminal jurisdiction)

Case Law

Aroostook Band of Micmacs v. Ryan, 404 F.3d 48 (1st Cir. 2005)

Penobscot Nation v. Georgia-Pacific Corp., 254 F.3d 317 (1st Cir. 2001)

Great Northern Paper, Inc. v. Penobscot Nation, 770 A.2d 574 (Me. 2001)

Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir. 1999)

Boudman v. Aroostook Band of Micmac Indians, 54 F. Supp. 2d 44 (D. Me. 1999)

Shannon v. Houlton Band of Maliseet Indians, 54 F. Supp. 2d 35 (D. Me. 1999)

Francis v. Pleasant Point Passamaquoddy Hous. Auth., 740 A.2d 575 (Me. 1999)

Akins v. Penobscot Nation, 130 F.3d 482, 484-85 (1st Cir. 1997)

Houlton Band of Maliseet Indians v. Maine Human Rights Commission, 960 F. Supp. 449 (D. Me. 1997)

Passamaquoddy Tribe v. Maine, 75 F.3d 784, 787 (1st Cir. 1996)

Penobscot Nation v. Stilphen, 461 A.2d 478 (Me. 1983)

State v. Dana, 404 A.2d 551 (Me. 1979)

Bottomly v. Passamaquoddy Tribe, 599 F.2d 1061, 1064-65 (1st Cir. 1979)

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