Indian and Native Peoples Law: Cases
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- City of Boerne v. Flores Congress exceeded its Fourteenth Amendment enforcement powers by enacting the RFRA which, in part, subjected local zoning ordinances to federal regulation, denying expansion of a church located in a historic preservation district.
- City of Sherrill, New York v. Oneida Indian Nation of New York Land parcels once owned by the Oneida Nation, sold in 1807 but repurchased in the 1990s by the Nation's descedant tribe, part of an Indian Reservation held not to be exempt from local taxes.
- Employment Division of Oregon v. Smith Oregon state law violate did not Free Exercise Clause of the First Amendment where two Native Americans working as counselors ingested peyote, a powerful, illegal hallucinogen, as part of Native American religious ceremonies.
- Hornell Brewing Co. v. Seth Big Crow The Eighth Circuit Court of Appeal held that advertising outside the Sioux reservation and on the Internet did not directly affect the health and welfare of the tribe, did not constitute non-Indian use of Indian land, and therefore, did not fall within the tribe's inherent sovereign authority (jurisdiction).
- Lyng v. Northwest Indian CPA First Amendment's Free Exercise Clause does not prohibit the government from harvesting or developing the Chimney Rock area, which had historically been used by three American Indian tribes to conduct religious rituals.
- Mississippi Choctaw Indian Band v. Holyfield The court held that because the children's parents were domiciled on the reservation, the children were domiciliaries under ICWA. The fact that the parents left the reservation prior to birth did not change the children's domicile.
- Montana v. Blackfeet Tribe Indians' exemption from state taxes could be lifted only when Congress had made its intention to do so unmistakably clear. Neither the text nor the legislative history of the Act suggested that Congress intended to permit states to tax tribal royalty income.
- Montana v. US Tribe may regulate the activities of non-Indians on fee lands within its reservation when those activities threaten to have a direct effect on the political integrity, the economic security, or the health or welfare of the tribe.
- Seminole Tribe v. Florida Eleventh Amendment provides Florida with immunity from the lawsuit brought by Seminole Tribe for violating good faith negotiation of Indian Gaming act.
- South Dakota v. Yankton Sioux Tribe Congress diminished the boundaries of the Yankton Sioux Reservation in South Dakota in an 1894 statute that ratified an agreement pursuant to the Dawes Act, permitting the government to open reservation land to non-Indian settlement; thus unallotted lands adjacent to reservation lost status as belonging to reservation and came to be under primary jurisdiction of the state, rather than Indian tribe.
- United States v. Navajo Nation U.S.cannot be held liable for a breach of trust with an Indian Tribe in connection with the negotiation of a mining lease, when the U.S. has violated no specific statutory or regulatory duty established in the Indian Mineral Leasing Act of 1938.
- US v. Sioux Nation of Indians established a "legal basis for the compensation of illegally-seized Indian lands
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