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Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Justice Souter, With Whom Justice Kennedy and Justice Thomas Join, Concurring.
If we are to see coherence in the various manifestations of the general law of tribal jurisdiction over non-Indians, the source of doctrine must be Montana v. United States, 450 U. S. 544 (1981), and it is in light of that case that I join the Court’s opinion. Under Montana, the status of territory within a reservation’s boundaries as tribal or fee land may have much to do (as it does here) with the likelihood (or not) that facts will exist that are relevant under the exceptions to Montana’s "general proposition" that "the inherent sover-eign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe." Id., at 565. That general proposition is, however, the first principle, regardless of whether the land at issue is fee land, or land owned by or held in trust for an Indian tribe.
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Chicago:
"Justice Souter, With Whom Justice Kennedy and Justice Thomas Join, Concurring.," Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645 in Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645 (Washington, D.C.: U.S. Government Printing Office, 2002), 645–660. Original Sources, accessed July 9, 2025, http://www.originalsources.com/Document.aspx?DocID=UJ3T11NBNSF26BN.
MLA:
. "Justice Souter, With Whom Justice Kennedy and Justice Thomas Join, Concurring." Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645, in Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645, Washington, D.C., U.S. Government Printing Office, 2002, pp. 645–660. Original Sources. 9 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=UJ3T11NBNSF26BN.
Harvard:
, 'Justice Souter, With Whom Justice Kennedy and Justice Thomas Join, Concurring.' in Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645. cited in 2002, Atkinson Trading Co., Inc. v. Shirley Et Al., 532 U.S. 645, U.S. Government Printing Office, Washington, D.C., pp.645–660. Original Sources, retrieved 9 July 2025, from http://www.originalsources.com/Document.aspx?DocID=UJ3T11NBNSF26BN.
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