The class only meets in person on February 20-21 and March 27-28. There will be required readings prior to the first meeting date.
This course will provide a glimpse into the fascinating but complicated realm of jurisdiction over criminal cases in "Indian Country." The course begins by providing an historical context from colonial times to passage of the Major Crimes Act of 1885. Then we consider the Code of Indian Offenses and other developments up to passage of Public Law 280 in 1953. With that background, the course explores recent developments including the U.S. Supreme Court decisions in McGirt v. Oklahoma, 591 U.S. 894 (2020), and Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), as well as the practical impact of enhancements to Indian Tribal Court criminal jurisdiction provided by amendments to the Violence Against Women Act.
Urena, Michael Earl