THE SPLIT FROM PRECEDENT: AN ANALYSIS OF THE NEGATIVE IMPACT OKLAHOMA v. CASTRO-HUERTA WILL HAVE IN INDIAN COUNTRY

• Published in: American Indian law review Vol. 48; no. 1; pp. 1 - 41
• Main Author: Bloom, Meg A
• Format: Journal Article
• Language: English
• Published: Norman University of Oklahoma 01-01-2024
• Subjects: American Indians; Children; Criminal law; Cultural identity; Domestic violence; Drug use; Federal government; Jurisdiction; Minority & ethnic groups; Native North Americans; North American Indian lands; Public health; Quality of life; Sovereignty; Substance use disorder; United States > US; Oklahoma; Alaska; Georgia
• ISSN: 0094-002X; 1930-7918

"2 Although the 2010 Census found that the American Indian and Alaskan Native population account for only 1.7% of the United States population, the groups continue to have higher numbers of substance use than any other racial or ethnic group that make up larger percentages of the country's population.3 The American Indian population additionally has among the highest rates of domestic violence (DV), following only behind those who identify as multiracial.4 An estimated 51.7% of American Indian women and 43.0% of American Indian men experience DV during their lifetimes.5 These high rates of interrelationship violence among the American Indian population are contributed to by child abuse, violence against women, and elder abuse.6 Further, "[population and clinical studies document an association between intimate partner violence (IPV) and substance use problems. Interferences with tribal sovereignty, such as state imposition, can have the effect of slowing, or even stopping, the betterment of tribal members' quality of life or a tribe's preventative measures for substance use and abuse and domestic violence. "26 Thus, in the final holding of the Marshall Trilogy, the Court held that tribes possess many attributes of sovereignty, and therefore are sovereign nations, independent of state law, over which only the federal government can enact a limiting power. The purpose of the GCA was not to reference the general applicability of criminal law, but instead the "federal criminal law applicable in certain places where federal law is exclusive and state law does not