Tuesday, March 8, 2011

AN ANALYSIS OF THE TRIBAL LAW AND ORDER ACT OF 2010

A CRISIS IN INDIAN COUNTRY: AN ANALYSIS OF
THE TRIBAL LAW AND ORDER ACT OF 2010

 Gideon M. Hart
 ABSTRACT



    Crime and violence have long been a serious problem in Indian Country. In recent years, though, the extraordinary levels of gang activity and high rates of sexual violence against Native American women have received a large amount of media attention. Responding to this problem, Congress passed the Tribal Law and Order Act of 2010 ("TLOA" or "The Act"). Through this legislation, Congress seeks to lower the rates of crime in Indian Country, particularly with regard to crimes committed against Native American women; the Act significantly increases the resources and authority of federal prosecutors and agencies in Indian Country and increases the sentencing authority of tribal courts.

   This Article considers the major provisions of this landmark Act and concludes that it is an important piece of legislation that could potentially have profound effects in many parts of Indian Country. Although the Act was widely supported, however, this Article argues it does not do enough and is instead only a short-term remedy to the problems facing Indian Country. The Article proposes several pieces of legislation that would provide long-term solutions, including increasing the sentencing authority of tribal courts and legislatively overturning the jurisdictional limitations imposed on tribal courts by the United States Supreme Court in Oliphant v. Suquamish Indian Tribe. Both of these major reforms could be used as tools to increase the status and skill of tribal courts, eventually making them a much more equal third sovereign.

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Native Talk America




Welcome to the new Native Talk America blog page.

Native Talk America is a large network of professional people, many of us work for tribes. We simply want to make sure that native people have excellent media resources available to them so they can tell their own stories.

We would note, Native Talk America is welcoming and open to all people joining in and following what we're doing. We are in no way an exclusive club. We believe in open and honest dialogue amongst all people. We do specialize in Indian or Native American content, but all races, gender and people are welcomed to join us on this great journey

We believe strongly in freedom of speech and openness around the many tough issues which may confront the lives of Indian people and the tribes they‘re a part of.

One of the major projects that we will engage in is called "Native Talk America Podcast." Theatre of the mind and a rigorous exchange of ideas is one way to describe this new podcasting show. Native Talk America podcast will launch in September of 2011.

Great speakers, interesting debates and great dialogue will serves as a hallmark for the new Native Talk America podcast. In September of 2011 we look forward to lifting the lid on American Indian issues. Creating a real media access point for native people all over the country in regional media outlets is a part of our mission. Here at Native Talk America we intend to be a real ignition point for the broad exchange of information and ideas in Indian country.


THE STATE OF AFFAIRS:

On Indian reservations across the county a real digital divide is being played out. The digital divide refers to the gap between people with effective access to digital and information technology and those with very limited or no access at all. This concept includes the imbalance both in physical access to technology, and the resources and skills needed to effectively participate as a digital citizen.

The impact is taking place, both on the knowledge and participation side of these equations. This situation leaves a disproportionate amount of Native American’s without the basic access to reliable print source media and a host of traditional digital or electronic media sources. This is of deep concern for many Native American’s, especially when it relates to their relationship with their own tribes. There is a real media vacuum which exist on most reservations. When this occurs it can lead many of our people feeling defenseless and unable to question their governments, or to even have a basic understanding regarding what their governments may be doing.

It is estimated that 98% of all basic media resources on Indian reservations are under the exclusive control of the leadership of the tribes, which does not typically include any citizen access. Independent editorial boards for tribal newspapers are almost unheard of and access to other media sources are many times non-existent. Podcasting, blogging are very limited and the televising of tribal governmental affairs is largely frowned upon.

This situation is really disturbing from two distinct perspectives:

1.) On reservations media resources are very limited and usually under the exclusive control of tribal leadership, and

2.) For native people who may reside off their reservations, there is a deep lack of media coverage on any Native American issues.

Further, when you look in all four corners of the country, nationally there is a lack of media diversity as it relates to Native American's throughout the country. The coverage of Native American interest in the mainstream media is very distorted, limited, and lacks real substance.

Native Talk America will launch in September of 2011 and we anticipate being a go-to-source for live talk show podcasting on American Indian issues across the country. We want to bring forward interesting stories and lively debate. We hope to bring forward a media model which will help empower our people while also being a reliable, informative and an entertaining resource of information.

So have your friends, family and business associates join us here on the blog or on Facebook as we begin this great journey. We'll see you in September of 2011. If you want updates sent out to you, join us at some of our connecting points below.

For more information, please e-mail us at: NativeTA@yahoo.com

Here are some other connecting points for us:


 

CURRENTLY:

We are accepting show and interview ideas as we work on the rollout of what promises to be an exciting new nationwide talk show. Please contact us if you have some thoughts around these matters. We are open to probing and looking at all sorts of interesting and controversial story lines.