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The United State's legal system has failed Native American women for centuries. Without change, they will continue to be failed by the country's legal system until there are hardly any Native American women left for it to fail. The federal government must provide tribal law enforcement with the necessary tools and ability to properly police their reservations in order to help the women suffering from the government's historically ingrained racism. Patty A. Ferguson-Bohnee, faculty director of the Indian Legal Program and director of the Indian Legal Clinic at the Sandra Day O'Connor College of Law, and Lauren van Schilfgaarde, the San Manuel Band of Mission Indians Tribal Legal Development Clinical Director at the UCLA School of Law, recently called for an overturning of Oliphant v. Suquamish Indian Tribe, which would provide tribal law enforcement jurisdiction over non-Natives. This paper not only agrees with Ferguson-Bohnee and Schilfgaarde, but also calls for Native American tribes to utilize their sui generis trust relationship with the United States and sue the country for its failure to adequately provide protection, thereby resulting in a public safety crisis.
Governmental Inadequacies Concerning Missing and Murdered Native American Women in the United States,
Lincoln Mem’l U. L. Rev.
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol10/iss1/4