(En)Gendering Indian Law: Indigenous Feminist Legal Theory in the United States

Abstract

American Federal Indian law is often mistakenly assumed to be a gender-neutral discipline. Although Native women suffer disproportionately from numerous maladies, Indian law practitioners rarely engage with questions of gender discrimination or intersectional oppression. Several Canadian scholars have begun to explicate “indigenous feminist legal theory.” This is the first Article in the United States to consider how such a theory might informthe practice of Federal Indian law and tribal law.