FMC Corp. v. Shoshone-Bannock Tribes
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such ii jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal selfgovernment, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.