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Tribal Sovereignty through Criminal Jurisdiction
Owen, Olivia
Owen, Olivia
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Abstract
This thesis explores the development of tribal legal sovereignty through three case studies: Ex Parte Crow Dog (1883), a Supreme Court case awarding jurisdiction to tribes over crimes committed by Native people on Native land; the Indian Reorganization Act (1934), which offered tribes a federally recognized path to self-government; and Public Law 280 (1953), a piece of Termination Era legislation that imposed state jurisdiction over crimes committed on Native land. Behind the legal history of these case studies is the social history of Indigenous activism and agency. While only one component of sovereignty as a whole, the struggle for sovereignty over systems of law and justice is a crucial and ongoing issue. Since the end of Indigenous military resistance in the late nineteenth century, their sovereignty has been fought for not on the field of battle but in the field of law.
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2025-01-01