Congress’ Treatment of the Violence Against Women Act: Adding Insult to Native Womens’ Injury
University of Miami Race and Social Justice Law Review, 2012
27 Pages Posted: 26 Aug 2012
Date Written: August 24, 2012
Abstract
This year, Congress finally addressed – or at least began to address – the issue of domestic Violence in Indian Country. On April 26, 2012, the Senate passed S. 1925 a version of VAWA that attempted to close the Oliphant gap by reauthorizing tribes to exercise criminal jurisdiction over non-Indians who violate Indian women. The tribal protections were dropped in the House version of the bill, however. This paper discusses the House's arguments for doing so, and concludes that they were baseless.
Keywords: Indian law, VAWA, Jurisdiction
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