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5 - Commentary on State v. Rusk

from Part I - Gendered Justice

Published online by Cambridge University Press:  01 December 2022

By
Joanne Sweeny
Edited by
Bennett Capers ,
Sarah Deer  and
Corey Rayburn Yung
Bennett Capers
Affiliation:
Fordham University, New York
Sarah Deer
Affiliation:
University of Kansas
Corey Rayburn Yung
Affiliation:
University of Kansas
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Summary

This famous Indian law case concluded that tribal nations lack criminal authority over non-Indians. Two white defendants were charged in Suquamish tribal court for criminal acts at the Suquamish annual Chief Seattle Days celebration. The Court concluded that tribal governments have lost certain attributes of sovereignty pursuant to their dependence on the federal government. This case is ripe for a feminist re-write due the extremely high rates of violence perpetrated by non-Indians against Native women.

Keywords

tribescriminal jurisdictiontribal courtsovereigntyterritory
Type
Chapter
Information
Feminist Judgments: Rewritten Criminal Law Opinions , pp. 89 - 109
Publisher: Cambridge University Press
Print publication year: 2022

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