Grant Christensen on Oliphant

Grant Christensen on Oliphant

Grant Christensen has posted “Tribal Judicial Power,” forthcoming in the University of Southern California Law Review, on SSRN. Here is the abstract: In 1978’s Oliphant v. Suquamish Indian Tribe the Supreme Court announced a new common law rule: tribal courts lack criminal jurisdiction over non-Indian defendants. Under the guide of the common law, unmoored from interpreting the text of any treaty or statute, the Oliphant opinion made reservatio…