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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
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
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
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
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
William & Mary Law Review
No abstract provided.