The American Civil Liberties Union of Washington cited a forthcoming University of Miami Race and Social Justice Law Review article in an amicus brief submitted to the Supreme Court of Washington in the case State v. Clark.
The article, titled Congress' Treatment of the Violence Against Women Act: Adding Insult to Native Womens' Injury, discusses the jurisdictional loophole created by the Supreme Court's decision in Oliphant v. Suquamish Tribe that left victimized Native American women with no redress for crimes committed against them on Native American reservations by non-native Americans.
The amicus brief detailed the ACLU's position that a warrant authorizing a search of a tribal member's home by external police officers, without any attempt to involve the tribal police, lacked authority of law. To help make the point, the ACLU cited the law review article as an authority, asserting that the crime rate on Native American reservations is disproportionate to that of the rest of the United States.
The article – written by Ryan Dreveskracht, a University of Washington School of Law graduate and an associate attorney at Galanda Broadman, a Seattle law firm that tackles regulatory disputes for tribal governments – will be published in the review in May. Founded in 2007 and formerly known as the Black Law Review, the periodical is a student journal committed to the promotion and publication of scholarly articles that address the legal, social, economic, and psychological issues that affect communities of color, including the economics of discrimination, racial profiling, and healthcare.
To read the brief, please click here.