Here is the opinion in Bishop Paiute Tribe v. Inyo County.

An excerpt:

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy. On appeal, we are also asked to assess whether the district court had subject matter jurisdiction over this case. Because questions of federal common law can serve as the basis of federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and because this case presents a definite and concrete dispute that is ripe and not moot, we reverse and remand for further proceedings.

Briefs and lower court materials here.

This post originally appeared on Turtle Talk.

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Matthew L.M. Fletcher

Reporter, American Indian Law Restatement

Matthew L.M. Fletcher is the Harry Burns Hutchins Collegiate Professor of Law at University of Michigan Law School. He teaches and writes in the areas of federal Indian law, American Indian tribal law, Anishinaabe legal and political philosophy, constitutional law, federal courts, and legal ethics.  He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians and sits as the Chief Justice of the Pokagon Band of Potawatomi Indians and the Poarch Band of Creek Indians.

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