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Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff
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Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
University of Colorado Law Review
"After today, any person may sue under the Administrative Procedure Act . .. to divest the Federal Government of title to and possession of land held in trust for Indian tribes . . . so long as the complaint does not assert a personal interest in the land.' - Justice Sotomayor, dissenting in Match-E-Be-Nash- She- Wish Band of Pottawatomi Indians v. Patchak. Ever since European colonization of the Americas began in the fifteenth century, there has been friction between the new arrivals and the native inhabitants. The United States has dealt with its "Indian problem" through assimilation, reservations, and eventually, …
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
University of Colorado Law Review
While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority-beyond where the United States Supreme Court has held tribal inherent …