Unlike most sovereigns, American Indian tribes cannot exercise full territorial criminal jurisdiction. Tribes generally lack jurisdiction over non-Indians, while they retain jurisdiction over “all Indians,” including their own citizens as well as “nonmember Indians,” but neither Congress nor the federal courts have carefully considered who is included in the latter category. Most recently, Congress restored tribal jurisdiction over some non-Indian domestic abusers, as long as the non-Indian has sufficient “ties to the Indian tribe.” These rules do not issue from a single source, but from multiple federal statutes and Supreme Court decisions. They are not grounded in a unifying principle that explains why tribes lack criminal jurisdiction in...
Oliphant, the first attempt in recent case law to deal directly with the issue of tribal criminal ju...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supr...
The boundaries of modern tribal criminal jurisdiction are defined by a handful of clear rules—such a...
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary t...
Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the...
Throughout most of the history of federal Indian law, the United States Supreme Court has expressed ...
Unprosecuted domestic violence committed by non-Indians in Indian Country is a serious problem, with...
To reduce crime, and sexual violence in particular, in Indian Country, Congress should “overturn” Ol...
Domestic violence is a severe problem for tribes across the nation, as their female members are vict...
For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of ...
Over the past 500 years, American Indians have been subjected to inequalities through the United Sta...
This paper addresses one of the most dynamic and useful areas of American Indian law. I situate my a...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remai...
Oliphant, the first attempt in recent case law to deal directly with the issue of tribal criminal ju...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supr...
The boundaries of modern tribal criminal jurisdiction are defined by a handful of clear rules—such a...
This Note argues that the current federal laws regarding tribal criminal jurisdiction are contrary t...
Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the...
Throughout most of the history of federal Indian law, the United States Supreme Court has expressed ...
Unprosecuted domestic violence committed by non-Indians in Indian Country is a serious problem, with...
To reduce crime, and sexual violence in particular, in Indian Country, Congress should “overturn” Ol...
Domestic violence is a severe problem for tribes across the nation, as their female members are vict...
For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of ...
Over the past 500 years, American Indians have been subjected to inequalities through the United Sta...
This paper addresses one of the most dynamic and useful areas of American Indian law. I situate my a...
State and federal courts increasingly are being confronted with prosecutors moving the court to cons...
While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remai...
Oliphant, the first attempt in recent case law to deal directly with the issue of tribal criminal ju...
The thesis of this article is that by examining Federal Indian Law one better understands that the A...
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supr...