A Civil Method of Law Enforcement on the Reservation: In Rem Forfeiture and Indian Law

Abstract

Two of the greatest sustainable resources currently available to American Indian tribes in their struggle to gain economic independence are tourism and gambling. Both resources require tribes to admit large numbers of non-Indians onto their reservations. This article proposes and assesses in rem forfeiture as a viable method of law enforcement for American Indian tribes. It considers the scope and limits of tribal sovereignty and the civil/criminal jurisdictional dichotomy established by Oliphant v. Suquamish Indian Tribe and Montana v. United States. The article concludes that enacting and enforcing in rem forfeiture provisions would broaden the limited array of law enforcement tools available to tribes to deal with Non-Indians who visit their reservations.

Keywords: asset, forfeiture, rem, Indian, native, American, Reservation, Enforcement, oliphant, montana, indigenous

JEL Classification: K1, K11, K19, K42, K49