A Congressional Remedy for Oliphant?

A Congressional Remedy for Oliphant?

Thirty years ago the Supreme Court ruled in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 98 S.Ct. 1011, 55 L.Ed.2d 209 (1978) essentially that Native Nations had no jurisdiction over non-Indians who committed crimes on tribal land. Justice Rehnquist wrote the majority opinion which held that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress.

This decision arguably left a jurisdictional gap that in many cases has not been adequately filled. Yesterday, the Senate Committee on Indian Affairs held hearings on a bill designed to give Native American courts and law enforcement broader authority to combat violent and sex-related crimes. Senator Byron Dorgan (D-ND) and 12 co-sponsors introduced the Tribal Law and Order Act on Wednesday. Joining Dorgan as co-sponsors to this legislation are Senators Murkowski, Biden, Domenici, Baucus, Bingaman, Lieberman, Kyl, Johnson, Smith, Cantwell, Thune, Tester.

If passed, the bill would give American Indian courts authority to impose stricter sentences, expand the courts' jurisdiction to cover more non-Indian suspects, and provide for additional law enforcement training and federal cooperation in addressing the crimes.In a prepared statement for the hearing, National American Indian Court Judges Association Vice President Roman Duran commented:

"Tribal courts agonize over the very same issues state and federal courts confront in the criminal context, such as, assault and battery, predatory crimes, hate crimes, child sexual abuse, alcohol and substance abuse, gang violence, violence against women, and now methamphetamine along with the social ills that are left in its wake. These courts, however, while striving to address these complex issues with far fewer financial resources than their federal and state counterparts must also 'strive to respond competently and creatively to federal and state pressures coming from the outside, and to cultural values and imperatives from within.' ... Judicial training that addresses the present imperatives posed by the public safety crisis in Indian Country, while also being culturally sensitive, is essential for tribal courts to be effective in deterring crime in their communities."

Jurisdictional Variation in American Indian Criminal Justice: An Argument for Stronger Understanding and Better Methods

Amnesty International Report: MAZE OF INJUSTICE - The failure to protect Indigenous women from sexual violence in the USA

Native Peoples Law Caucus Meeting in Portland

Hello NPLCers,
Don't forget to attend our annual meeting in Portland, Oregon. We will be meeting on Sunday, July 13, at 12noon - 1:15pm. We will be meeting in Room E143 at the OCC. Be sure to check out our table in the Exhibit Hall for a copy of this year's newsletter. See you all in Oregon!
Cheers,
Faye Hadley

Scary Dangerous Legislation

My question to these legislators is - "Where are the Native Americans supposed to go?" Um, I believe that they were here first. Granted, Natives have been determined (by the Supreme Court in Morton v. Mancari) to be a political group not a racial group, but I'm sure that the Native American Law Students Association would be banned along with the Black Law Students Association and the Hispanic Law Students Association and the Asian American Student Association. This is scary stuff! Where in the world do these idiots get their notions of American values?
Cheers,
Faye Hadley

April 18, 2008

Arizona Proposal Would Prohibit Race-Based Student Groups
http://chronicle.com/news/index.php?id=4338&utm_source=pm&utm_medium=en

An Arizona legislative committee has passed an amendment to a routine homeland-security bill that would prohibit students at the state's public universities and community colleges from organizing groups based on race.

The amendment was approved by the Arizona House Appropriations Committee on Wednesday. It still awaits a vote by the state's full House and Senate.

The amendment, introduced by State Rep. Russell K. Pearce, a Republican, would also allow state officials to withhold funds from public schools sponsoring activities that "denigrate American values and the teachings of Western civilization."

The proposal was added to Senate Bill 1108, a measure that has nothing to do with education but was intended to allow designees of mayors and police chiefs to serveon homeland-security advisory councils.

"This bill basically says, 'You're here. Adopt American values,'"State Rep. John Kavanagh, a Republican, told The Arizona Republic."'If you want a different culture, then fine, go back to that culture,'" he said.

—JJ Hermes