Minnesota Law Review

Note, Native American Rape Victims: Desperately Seeking an Oliphant-Fix

Native American women suffer sexual assault at a much higher rate and with more serious consequences than any other racial or ethnic group in the United States. Further, such rapes are overwhelmingly committed by individuals outside the Native American community. Most non-Indian perpetrators, however, go unpunished. The Supreme Court decision in Oliphant v. Suquamish Indian Tribe prevents tribal governments from prosecuting non-Indians, and the federal and state prosecutors who have authority often decline to prosecute. Therefore, this Note analyzes the legal underpinnings of the elimination of tribal jurisdiction over non-Indian defendants by the Court in Oliphant v. Suquamish Indian Tribe. It explains that both legal and policy arguments advocate for tribal jurisdiction over perpetrators of sexual assault on reservations and explores the restoration by Congress of tribal jurisdiction over nonmember Indians following Duro v. Reina: the “Duro-fix.” The Note proposes an opt-in program that would allow tribes that are willing and capable of assuming criminal jurisdiction over perpetrators of sexual assault on reservations to do so.

:: View PDF

News & Events

  • Fall Submissions Open – Headnotes

    The Minnesota Law Review: Headnotes fall submissions period is open. For more information, please visit our submissions page. Share this: on Twitter on Facebook on Google+

  • Vol. 97 Piece Quoted in Mother Jones Article

    A recent Mother Jones article predicting how the Roberts Court would resolve King v. Burwell draws on How Business Fares in the Supreme Court from Volume 97. You can read the article here. Share this: on Twitter on Facebook on Google+

  • Welcome to De Novo

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

Newsletter

cforms contact form by delicious:days