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.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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