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CONSTITUTIONAL LAW - UNEQUAL PROTECTION FOR THE AMERICAN INDIAN UNDER THE MAJOR CRIMES ACT - UNITED STATES V ANTELOPE, 523 F 2D 400 (.TH CIR. 1975), CERT. GRANTED, 96 S CT 1100 (1976)

NCJ Number
39592
Journal
Temple Law Quarterly Volume: 50 Issue: 1 Dated: (1976) Pages: 109-123
Author(s)
C J ROSEN
Date Published
1976
Length
15 pages
Annotation
ARTICLE EXAMINES RECENT LEGAL DECISIONS AND ACT AFFECTING INDIAN RIGHTS ON THE RESERVATION.
Abstract
THE NINTH CIRCUIT COURT RULING IN UNITED STATES V. ANTELOPE, IF UPHELD BY THE SUPREME COURT, WILL UNDERCUT A LAW THE AUTHOR FEELS IS DISCRIMINATORY TOWARD INDIANS - THE MAJOR CRIMES ACT. THE ACT, ADOPTED IN 1974, SAYS THAT AN INDIAN WHO COMMITS ANY OF 14 DIFFERENT CRIMES AGAINST AN INDIAN OR NON-INDIAN ON A RESERVATION IS SUBJECT TO FEDERAL CRIMINAL JURISDICTION. THE COURT, IN EFFECT, RULED THAT THE LAW IS DISCRIMINATORY BEACAUSE IT ENFORCES UNEQUAL TREATMENT FOR INDIANS, COMPARED TO NON-INDIANS, ACCUSED OF COMMITTING A CRIME ON A RESERVATION. THE AUTHOR DISCUSSES OTHER RULINGS ON INDIAN RIGHTS TO GAUGE HOW THE U.S. SUPREME COURT MAY LEAN IN ITS RULING....BS

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