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2 results

  • 5 - Commentary on State v. Rusk

  • from Part I - Gendered Justice
  • Edited by Bennett Capers, Fordham University, New York, Sarah Deer, University of Kansas, Corey Rayburn Yung, University of Kansas
  • Book:
    Feminist Judgments: Rewritten Criminal Law Opinions
    Published online:
    01 December 2022
    Print publication:
    15 December 2022, pp 89-109

  • Summary

    This famous Indian law case concluded that tribal nations lack criminal authority over non-Indians. Two white defendants were charged in Suquamish tribal court for criminal acts at the Suquamish annual Chief Seattle Days celebration. The Court concluded that tribal governments have lost certain attributes of sovereignty pursuant to their dependence on the federal government. This case is ripe for a feminist re-write due the extremely high rates of violence perpetrated by non-Indians against Native women.

  • 6 - Tribal Court Praxis: One Year in the Life of Twenty Indian Tribal Courts

  • from Part II - Voices
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 140-163

  • Summary

    Tribal Court Praxis: was among the first scholarly explorations of tribal courts. The piece reacts to a common prejudice that tribal courts are biased in favor of Indian parties and are insufficiently rigorous to be proper guarantors of justice. Newton surveys all tribal court opinions published in the 1996 edition of the Indian Law Reporter and ultimately shows that tribal courts are neutral, justice-administering institutions which, although varied in structure and composition, are actively engaged in a dialog about justice and legitimacy.