Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ's Proposed Fix (Draft)

Leonhard, Matthew Brent

doi:10.2139/ssrn.1951038

Abstract

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Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ's Proposed Fix (Draft)

Matthew Brent Leonhard

Confederated Tribes of the Umatilla Indian Reservation

October 29, 2011

Harvard Law School Journal on Racial and Ethnic Justice, Vol. 28

Abstract:
This paper analyzes whether DOJ’s proposed legislative fix to allow tribes to prosecute limited non-Indian domestic violence crimes is legally permissible by closely analyzing the decisions in Oliphant and Lara. Given the closely circumscribed requirements for the exercise of such power, and past decisions of various justices, this article concludes that it is within Congress’ power to recognize the inherent power of tribes to prosecute non-Indians for domestic violence crimes against Indians.

Number of Pages in PDF File: 93

Keywords: Oliphant, Lara, Domestic Violence, Indian Country, Tribes, Jurisdiction, Indian Law

JEL Classification: K14, K11

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Date posted: October 30, 2011 ; Last revised: April 13, 2012

Suggested Citation

Leonhard, Matthew Brent , Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ's Proposed Fix (Draft) (October 29, 2011). Harvard Law School Journal on Racial and Ethnic Justice, Vol. 28. Available at SSRN: http://ssrn.com/abstract=1951038 or http://dx.doi.org/10.2139/ssrn.1951038

Contact Information

Matthew Brent Leonhard (Contact Author)

Confederated Tribes of the Umatilla Indian Reservation ( email )

46411 Timíne Way
Pendleton, OR 98701
United States