49 Cited authorities

  1. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 3,123 times   9 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement
  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 5,698 times   39 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  3. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 1,864 times   12 Legal Analyses
    Holding that courts should not add an "absent word" to a statute
  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,671 times   6 Legal Analyses
    Holding that when the bare record is insufficient, the district court may take testimony from the decisionmakers regarding the reasoning behind the decision
  5. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 3,846 times   4 Legal Analyses
    Holding that § 701 does not preclude judicial review of agency determination that a "feasible and prudent alternative" was lacking
  6. Russello v. United States

    464 U.S. 16 (1983)   Cited 1,854 times   4 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  7. Data Processing Service v. Camp

    397 U.S. 150 (1970)   Cited 2,389 times   1 Legal Analyses
    Holding that "[t]here can be no doubt" that the plaintiffs have Article III standing because they "allege that competition [resulting from the challenged regulation] might entail some future loss of profits for [them]"
  8. United States v. Wheeler

    435 U.S. 313 (1978)   Cited 764 times   1 Legal Analyses
    Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause
  9. National Credit Union Admin. v. 1st Nat. Bank Trust

    522 U.S. 479 (1998)   Cited 301 times   2 Legal Analyses
    Holding that the APA incorporates the "zone of interest" test
  10. Westside Community Bd. of Ed. v. Mergens

    496 U.S. 226 (1990)   Cited 329 times   1 Legal Analyses
    Holding that "what is relevant [to Establishment Clause analysis] is the legislative purpose of the statute, not the possibly religious motives of the legislators"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 285,057 times   129 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 18,101 times   130 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 7,468 times   9 Legal Analyses
    Referring to the death of "a party" whose "claim is not extinguished"
  14. Section 1903 - Definitions

    25 U.S.C. § 1903   Cited 1,823 times   3 Legal Analyses
    Defining "Indian" as encompassing only members of federally recognized tribes
  15. Section 2701 - Findings

    25 U.S.C. § 2701   Cited 777 times   18 Legal Analyses
    Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”
  16. Section 2710 - Tribal gaming ordinances

    25 U.S.C. § 2710   Cited 646 times   9 Legal Analyses
    Providing "[n]et revenues . . . may be used to make per capita payments . . . only if the tribe has already prepared a plan to meet its government essential services
  17. Section 1301 - Definitions

    25 U.S.C. § 1301   Cited 432 times   2 Legal Analyses
    Affirming Tribes’ continued “powers of self-government”
  18. Section 2703 - Definitions

    25 U.S.C. § 2703   Cited 351 times   3 Legal Analyses
    Defining "class III gaming"
  19. Section 465 - Transferred

    25 U.S.C. § 465   Cited 269 times   7 Legal Analyses
    Authorizing Secretary to acquire lands "in his discretion"
  20. Section 1601 - Congressional findings and declaration of policy

    43 U.S.C. § 1601   Cited 203 times   2 Legal Analyses

    Congress finds and declares that- (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges

  21. Section 292.2 - How are key terms defined in this part?

    25 C.F.R. § 292.2   Cited 25 times

    For purposes of this part, all terms have the same meaning as set forth in the definitional section of IGRA, 25 U.S.C. 2703 . In addition, the following terms have the meanings given in this section. Appropriate State and local officials means the Governor of the State and local government officials within a 25-mile radius of the proposed gaming establishment. BIA means Bureau of Indian Affairs. Contiguous means two parcels of land having a common boundary notwithstanding the existence of non-navigable