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
Date Written: October 29, 2011
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: Suggested Citation