American Indian Law

The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) included a historic provision that recognized the inherent authority of “participating Tribes” to exercise “special domestic violence criminal jurisdiction” (SDVCJ) over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country. This provision enabled Tribes to exercise criminal jurisdiction over non-Indian offenders for the first time since the Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe, which held that, absent express Congressional authorization, Tribes lack jurisdiction over all crimes committed by non-Indians. The Act also specified the rights that a participating Tribe must provide to defendants in SDVCJ cases.

In 2022, Congress amended this provision to recognize “special Tribal criminal jurisdiction” (STCJ) over an expanded list of “covered crimes” that includes, in addition to the VAWA 2013 crimes, assault of Tribal justice personnel, child violence, obstruction of justice, sexual violence, sex trafficking, and stalking. This expanded recognition of Tribal sovereignty was enacted by the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022), signed into law by President Biden on March 15, 2022. VAWA 2022 also specifically refers to participating Tribes as including those in the state of Maine and establishes a pilot program under which the Attorney General is to designate up to five Alaska Tribes per calendar year as participating Tribes to exercise STCJ over all persons present in the Tribe’s Village.

The Tribal Court Clearinghouse is a comprehensive website established in June 1997 to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims services providers, tribal service providers, and others involved in the improvement of justice in Indian country. It is one of the most comprehensive websites on tribal justice system issues, and includes a wealth of tribal, state, and federal resources. The Clearinghouse website contains extensive resources on tribal, state, and federal law along with extensive Indian country subject-matter resources, a training events calendar, and resources from all Tribal Law and Policy Institute webinars.

HeinOnline provides the legislative history of the Violence Against Women Reauthorization Act of 2013 as a subpart of their Indigenous Peoples of the Americas: History, Culture & Law collection.

This report summarizes how VAWA 2013’s landmark provision has been implemented and
analyzes its impacts in the 5 years since it was enacted. This examination of the tribes’ early
exercise of SDVCJ suggests that VAWA 2013 has been a success. As Congress intended, the law has
equipped tribes with the much-needed authority to combat the high rates of domestic violence
against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal
forums. --From the executive summary of the report.

President Obama signed the Tribal Law and Order Act into law on July 29, 2010. The Tribal Law and Order Act helps to address crime in tribal communities and places a strong emphasis on decreasing violence against American Indian and Alaska Native women. The Act encourages the hiring of more law enforcement officers for Indian lands and provides additional tools to address critical public safety needs. Specifically, the law enhances tribes' authority to prosecute and punish criminals; expands efforts to recruit, train and keep Bureau of Indian Affairs (BIA) and Tribal police officers; and provides BIA and Tribal police officers with greater access to criminal information sharing databases. It authorizes new guidelines for handling sexual assault and domestic violence crimes, from training for law enforcement and court officers, to boosting conviction rates through better evidence collection, to providing better and more comprehensive services to victims. It also encourages development of more effective prevention programs to combat alcohol and drug abuse among at-risk youth. --Taken from the DOJ Website.

NIJ's tribal crime and justice portfolio aims to (1) provide an accurate reporting of crime and violence; (2) provide reliable, valid estimates of the scope of the problem; and (3) identify barriers to and possible solutions for dealing with these significant public safety issues. --Taken from the DOJ Website

The National Indian Law Library provides a research guide concerning the Tribal Law and Order Act of 2010. This page provides related online resources, related news, articles, reports, books, and commentaries.

HeinOnline provides the legislative history of the Tribal Law and Order Act of 2010, edited by William Manz.

The Commission is pleased to transmit its final report and recommendations to the President and Congress of the United States, as required by the TLOA. This report reflects one of the most comprehensive assessments ever undertaken of criminal justice systems servicing Native American and Alaska Native communities. --Provided by the Indian Law and Order Commission Website.

Available at Foley General Collection E98.C87 C75 2009


Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system--in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors--many of whom are Native Americans--rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.

Available at Chastek 3rd Floor Stacks KIE3336 .C37 2015


"Living at the intersection of multiple identities in the United States can be dangerous. This is especially true for Native women who live on the more than 56 million acres that comprise America's Indian country - the legal term for American Indian reservations and other land held in trust for Native people. Today, due to a complicated system of criminal jurisdiction, non-Native Americans can commit crimes against American Indians in much of Indian country with virtual impunity. This has created what some call a modern day 'hunting ground' in which Native women are specifically targeted by non-native men for sexual violence. In this urgent and timely book, author Amy L. Casselman exposes the shameful truth of how the American government has systematically divested Native nations of the basic right to protect the people in their own communities. A problem over 200 years in the making, Casselman highlights race and gender in federal law to challenge the argument that violence against Native women in Indian country is simply collateral damage from a complex but necessary legal structure. Instead, she demonstrates that what's happening in Indian country is part of a violent colonial legacy - one that has always relied on legal and sexual violence to disempower Native communities as a whole. Injustice in Indian Country tells the story of American colonization through the eyes of Native women as they fight for justice. In doing so, it makes critical contributions to the fields of American law and policy, social justice and activism, women's studies, ethnic studies, American Indian studies, and sociology"--Unedited summary from book cover.

Available at Chastek 3rd Floor Stacks KF8548.N38 2006.

Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Contributions from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed.