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

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

93 Pages Posted: 30 Oct 2011 Last revised: 13 Apr 2012

Matthew Brent Leonhard

Confederated Tribes of the Umatilla Indian Reservation

Date Written: October 29, 2011

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.

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

JEL Classification: K14, K11

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: https://ssrn.com/abstract=1951038 or http://dx.doi.org/10.2139/ssrn.1951038

Matthew Leonhard (Contact Author)

Confederated Tribes of the Umatilla Indian Reservation ( email )

46411 Timíne Way
Pendleton, OR 98701
United States

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