Here is the next batch:
This is a good match-up, with the principles of both cases blending nicely, as one careful commentator observed, to preserve tribal authority to prosecute even in PL280 states. My guess is Crow Dog wins out, if for no other reason that it is older. And no one’s yet written a book about Bryan, as they have with Crow Dog, although it does make a cameo in David Treuer’s new one.
(16) Winters v. United States vs. (11) McClanahan v. Arizona State Tax Commission
Another match-up pitting treaty rights against tax immunity. Tough one. I bet out loud people would say they’d go to the mat over treaty rights than taxes, but in a blind polling situation, true colors shine. I’d say the taxes win this one, even though water rights are irreplaceable. On the other hand there was that symposium dedicated to Winters rights back in 2008.
(2) The Kansas Indians vs. (15) United States v. Wheeler
Well, this one pits taxes against criminal jurisdiction. A real tough match-up. Both are about inherent sovereignty, but Kansas Indians is more on point. We like to think Wheeler affirms tribal authority to prosecute, and it does but only indirectly (the case held that the feds could prosecute someone who had already been prosecuted by an Indian tribe, like United States v. Lara). A toss-up.
(7) Williams v. Lee vs. (23) Solem v. Bartlett
This one may be the biggest mismatch of the Round of 16. Williams is a juggernaut (and a good bet to win the whole thing), and Solem got past the first round only through the courage of our ILPC Fellow, who picked it in a tie-breaker.