M. Brent Leonhard on an Oliphant Fix

M. Brent Leonhard has posted his paper, “Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ’s Proposed Fix,” on SSRN.

Here is the 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.

This entry was posted in Author: Matthew L.M. Fletcher, Criminal, Legislation, Scholarship, tribal courts and tagged , . Bookmark the permalink.

5 Responses to M. Brent Leonhard on an Oliphant Fix

  1. Brent Leonhard says:

    That should be Brent, not Brett

  2. Pingback: Tribes Fight Violence Against Women « News from the Margins

  3. Pingback: News Profile of VAWA Reauthorization with Comments from Umatilla | Turtle Talk

  4. Pingback: Key Primary Documents in the VAWA Reauthorization Fight | Turtle Talk

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s