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Series

2018

Indian and Aboriginal Law

ACA

Articles 1 - 1 of 1

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Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Veronica C. Gonzales-Zamora, Barbara L. Creel Mar 2018

Brief For Southwest Indian Law Clinic As Amici Curiae, United States V. Smith, Veronica C. Gonzales-Zamora, Barbara L. Creel

Faculty Scholarship

Prior cases, have assumed, without analysis that the ACA applies to Indian Country. This review of the ACA failed to consider and incorporate clearly established Indian law principles and foundational tenets of criminal law in the analysis of its applicability to Indians and Indian Country. Most importantly, the precedent and the Court below failed to understand the racial component involved in the analysis. These failures to understand the principles of Indian law and criminal law, have rendered haphazard and incoherent decisions.

Amici seek to bring clarity to the complex jurisdictional interplay and provide a practical framework for the proper analysis ...