Civil JX

Question 1

Preemption Rule:

Answer 1

o Where Congress has authority to act–and does in fact act—to legislate, state law is displaced if it implicitly conflicts with the achievement of the full purposes of the federal legislation

Question 2

Geography:

Answer 2

Indian country

Question 3

There are “two independent but related barriers to the assertion of state regulatory authority over tribal reservations and members.”

Answer 3

1. McClanahan: “[T]he exercise of such authority may be pre-empted by federal law.” 2. Williams v. Lee: “[I]t may unlawfully infringe “on the right of reservation Indians to make their own laws and be ruled by them

Question 4

Tribal Civil rule

Answer 4

tribes have jx over members and lands

Question 5

Non members:

Answer 5

does not extend

Question 6

Exceptions:

Answer 6

Consensual relationship- contracts etc. and self-govt- on fee land within rez.