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Indigenous, Indian, and Aboriginal Law

William & Mary Law School

Tribal Government

Articles 1 - 4 of 4

Full-Text Articles in Law

Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran Feb 2009

Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran

William & Mary Journal of Race, Gender, and Social Justice

This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of these two subjects reveals that, although tribes are theoretically experiencing an era of tribal "self-determination," federal Indian law and policy, both old and new, continue to prevent tribes from achieving health and independence. Ultimately, the note concludes that a true solution to the problems affecting tribes can …


Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan Mar 2008

Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan

William & Mary Bill of Rights Journal

No abstract provided.


Adjudication And The Problems Of Incommensurability, Brett G. Scharffs Apr 2001

Adjudication And The Problems Of Incommensurability, Brett G. Scharffs

William & Mary Law Review

No abstract provided.


Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds Jan 1997

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.