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Series

Indigenous, Indian, and Aboriginal Law

2014

American Indian law

Articles 1 - 2 of 2

Full-Text Articles in Law

Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele Jan 2014

Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele

Faculty Scholarship

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 …


Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff Jan 2014

Law, Violence, And The Neurotic Structure Of American Indian Law, Sarah Krakoff

Publications

No abstract provided.