We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
RE-WRITING PRECEDENT: AN EXPLORATION OF THE NEGATIVE IMPACT ON NATIVE RIGHTS IN THE WAKE OF OKLAHOMA V. CASTRO-HUERTA.
- Authors
Hare, Brooke
- Abstract
The word "sovereignty" implies "freedom from external control" and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme Court, however, had a different perception of how the relationship between federal, state, and tribal governments should function. In its decision in Oklahoma v. Castro-Huerta, the majority decided the state now has authority to prosecute crimes traditionally reserved for the federal government. This decision incorrectly frames the jurisdictional dispute as one of preemption, whereas the correct analysis would follow well established precedent that promised tribes would remain sovereign and free from state interference. This Comment analyzes the majority opinion's flawed legal reasoning by evaluating the clear line of case law that was impliedly overruled without proper justification. This Comment maintains that this ruling fundamentally ignores the principle of tribal sovereignty, explores the negative impact it will have on Native rights, and proposes that states should invest resources into tribal communities rather than encroaching on their sovereignty. As support for this proposal, this Comment explores how tribal communities will face an increase in safety concerns and suffer potentially deadly consequences due to jurisdictional disputes. This Comment also supports its proposition to keep prosecutorial power in the hands of federal and tribal governments who prioritize unique concerns to Native peoples by analyzing the treatment of murdered and missing Indigenous women and girls.
- Subjects
OKLAHOMA; TRIBAL sovereignty; INDIGENOUS women; FEDERAL laws; INDIGENOUS rights; AUTONOMY (Psychology)
- Publication
Denver Law Review, 2024, Vol 101, Issue 2, p421
- ISSN
2469-6463
- Publication type
Article