'Indians, in a Jurisdictional Sense': Tribal Citizenship and Other Forms of Non-Indian Consent to Tribal Criminal Jurisdiction
Navajo Nation Department of Justice
December 13, 2013
American Indian Law Journal, Vol. 1, pp. 79, 2012
This article, published in the inaugural issue of the American Indian Law Journal, discusses the legal history of tribal and federal law recognizing non-Indians as citizens in tribal nations. The article also discusses the shift in tribal nations' citizenship laws from recognition to denial of non-Indian citizenship. Finally, the article discusses current methods of recognizing or imputing non-Indian consent to tribal criminal jurisdiction. The article concludes that there are several viable theories of consent for non-Indians to tribal criminal jurisdiction, including the potential revival of non-Indian citizenship, despite the U.S. Supreme Court's general prohibition on such jurisdiction arising from Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).
Number of Pages in PDF File: 20
Keywords: Indian law, American Indians, legal history, tribal membership, tribal criminal jurisdiction, oliphant, race, citizenshipAccepted Paper Series
Date posted: November 27, 2012 ; Last revised: December 12, 2013
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