Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country
Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This...
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Seattle University School of Law Digital Commons
2021
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| Online Access: | https://digitalcommons.law.seattleu.edu/ailj/vol9/iss2/4 https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1232&context=ailj |
| Summary: | Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This scheme is the product of centuries of white bias – perpetuated by contemporary legislators and the judiciary – that treats the First Nations and tribal courts as inferior. In the context of Congress’s recent attempt to expand protection for indigenous women in the Violence Against Women Reauthorization Act of 2019, this Note will shed light on the role that white bias has played in the creation and development of Indian law doctrine. Ultimately, this Note will argue for the abrogation of the Supreme Court’s decision in Oliphant v. Suquamish Tribe and the restoration of criminal jurisdiction to tribal courts as a means of acknowledging and abolishing the systemic bias pervading contemporary Indian law. |
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