Document Type

Article

Publication Date

January 2010

Disciplines

Indigenous, Indian, and Aboriginal Law | Law

Abstract

This article broadly identifies and then briefly examines tribal laws that prohibit sex discrimination and secondarily addresses laws that make sex-based distinctions. As explained below, the project is somewhat limited in scope due to the lack of widespread availability of many tribes' laws. Specifically, this article addresses tribal equal protection guarantees as well as all types of tribal statutory and constitutional laws that explicitly prohibit sex discrimination. It also discusses tribal case law addressing such discrimination, including case law addressing equal protection guarantees, cases interpreting tribal codes or policies, and case law creating tribal common law.

Publication Title

36 William Mitchell Law Review 392

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