ICRA Habeas Corpus Relief: A New Habeas Jurisprudence for the post-Oliphant World?

American Indian Law Journal, Vol. 5 Issue 2

August 2017

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) allows tribes to enforce criminal laws on their lands against non-Indians by relaxing federal restrictions on tribal jurisdiction through special domestic violence criminal jurisdiction (SDVCJ).  This SDVCJ reflects congressional reaffirmation of the inherent tribal criminal jurisdiction over non-Indians, and is an important step towards ensuring the safety of Native American women within their own communities. This inherent sovereign power of tribes to provide safety and security in their communities through their own criminal laws was first questions by the Supreme Court in 1978 after centuries of tribes carrying on relations with non-Indians.

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