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Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law

12 Pages Posted: 22 May 2007  

Sarah Deer

Mitchell Hamline School of Law

Abstract

This Article is designed with two audiences in mind. On one hand, it is to enlighten sexual assault scholars and practitioners about the importance of sovereignty in the analysis of rape law and reform. On the other hand, to persuade Indian law scholars and practitioners that the development of sexual assault jurisprudence is central to the struggle for sovereignty. Ultimately, this Article argues that it is impossible to separate theories of indigenous self-determination from theories on sexual assault jurisprudence. It is critical that a dual analysis be employed in both disciplines because sexual violence is so deeply imbedded in colonizing and genocidal policies..

Keywords: sexual assault, rape, jurisprduence, indigenous, native, women

JEL Classification: K14

Suggested Citation

Deer, Sarah, Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law. Suffolk University Law Review, Vol. 38, p. 455, 2005. Available at SSRN: https://ssrn.com/abstract=987702

Sarah Deer (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

HOME PAGE: http://www.wmitchell.edu/academics/faculty/deer.asp

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