Emory Law Journal

Volume 59Issue 6

Lawless By Design: Jurisdiction, Gender and Justice in Indian Country

Laura E. Pisarello | 59 Emory L.J. 1515 (2010)

To reduce crime, and sexual violence in particular, in Indian Country, Congress should “overturn” Oliphant and grant tribes direct criminal jurisdiction over all people—Indian or not—in Indian Country. Congress should also remove sentencing limits and explicitly grant tribal courts authority to adjudicate all crimes. Accordingly, this Comment discusses the effects of present legal hurdles to prosecuting those who commit crimes in Indian Country. It shows how Congress could remove these legal barriers and addresses possible constitutional concerns about this proposal. This Comment outlines the legal benefits of this proposal, including a more harmonized and modern legal framework that enhances tribal institutions and sovereignty. This Comment also articulates the law enforcement benefits of greater reliance on tribal authorities, and it explains why tribes are better equipped than states to respond to sexual violence and why an indigenous response to rape is crucial to strengthening tribal institutions.

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Test at Your Own Risk: Your Genetic Report Card and the Direct-to-Consumer Duty to Secure Informed Consent

Deepthy Kishore | 59 Emory L.J. 1553 (2010)

Selling access to individual genetic information has transposed the physician-patient relationship into a company-consumer context, calling for a novel examination of how consumer and patient protections overlap and where federal regulation ends and tort law begins. This Comment applies principles of products liability and informed consent to the context of genetic testing to argue that tort liability, rather than greater regulation of genetic tests, is the best way to protect consumers of DTC genetic testing. This Comment demonstrates that without professional assistance, consumers risk misinterpreting the meaning of their genetic test results and may even be driven to take drastic actions based on that information.

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