Abstract

http://ssrn.com/abstract=1086113
 


 



A Jurisdictional Quandary: Challenges Facing Tribal Governments in Implementing the Full Faith and Credit Provisions of the Violence Against Women Acts


Melissa L. Tatum


University of Arizona - James E. Rogers College of Law


Kentucky Law Journal, Vol. 90, p. 123, 2001-02
University of Tulsa Legal Studies Research Paper No. 2008-07

Abstract:     
Over the last twenty-five years, the Supreme Court has consistently eroded the sovereignty of Indian tribes, largely by limiting their jurisdiction over persons who are not members of the tribe. The Court's decisions have created different sets of jurisdictional rules for tribes, states, and the federal government, resulting in a complex set of rules that is difficult to master even for lawyers who work regularly in Indian law. The full faith and credit requirements of the Violence Against Women Act are a paradigmatic example of the problems stemming from these complicated rulings. The special jurisdictional rules for tribes have tripped up Congress's efforts to create a national blanket of coverage for those individuals holding protection orders. In this article, published in the Kentucky Law Journal, I explore the jurisdictional rules that apply to state and to tribes and examine the impact of those different rules on VAWA's Full Faith and Credit provisions. The article also includes a model tribal code for enforcement of foreign protection orders.

Number of Pages in PDF File: 107

Keywords: Indian law, Native American law, VAWA, domestic violence, protection order, jurisdiction

JEL Classification: K40

Accepted Paper Series


Download This Paper

Date posted: January 22, 2008 ; Last revised: January 4, 2011

Suggested Citation

Tatum, Melissa L., A Jurisdictional Quandary: Challenges Facing Tribal Governments in Implementing the Full Faith and Credit Provisions of the Violence Against Women Acts. Kentucky Law Journal, Vol. 90, p. 123, 2001-02; University of Tulsa Legal Studies Research Paper No. 2008-07. Available at SSRN: http://ssrn.com/abstract=1086113

Contact Information

Melissa Tatum (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
Feedback to SSRN


Paper statistics
Abstract Views: 474
Downloads: 73
Download Rank: 184,625

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds