About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
Understanding Tribal Justice Systems: Tribal Laws, Governance, and Enforcement
Today, approximately 400 Tribal justice systems operate throughout the United States, serving 575 federally recognized Tribal Nations. These courts, along with traditional courts, uphold rights, protect Tribal sovereignty, and maintain order within Tribal Nations. Governed by Tribal laws and constitutions, these courts reflect the traditions and values of each Tribe while navigating the complex federal and state system. This jurisdictional framework can lead to challenges as courts handle …
Navigating the Tribal Court System: How To Find Legal Help
Navigating any legal system can be tricky, and the Tribal justice system can pose additional challenges for those unfamiliar with it. Tribal nations must not only navigate Tribal jurisdiction but also operate within the framework of federal and state laws. Legal matters often involve overlapping jurisdictions and cultural considerations specific to Tribal communities. Given this legal landscape, even common legal issues can become complicated. If you’re facing a legal matter that involves …
Federal Indian Law: Understanding Treaty Rights and US Trust Obligations
Native American law is the legal framework that governs the relationship between Tribal Nations and the United States. It dictates everything from land ownership and resource management to Tribal self-governance and civil rights. The original treaties remain the heart of the legal landscape, but shifting policies and broken promises have often defined this government-to-government relationship. Read on to learn more about these foundational agreements and the ongoing, legally binding obligation …
Native American Gaming Laws: How Tribal Casinos Operate
Tribal gaming facilities generate billions of dollars in annual revenue. Gaming revenue supports Tribal economic development and self-sufficiency for Native American communities. The Indian Gaming Regulatory Act (IGRA), enacted in 1988, governs Indian gaming operations on Indian reservations. It allows Tribal governments to establish casinos on land where gaming is legal. While the IGRA affirms sovereignty, it also introduces federal oversight, and in some cases, requires collaboration with …
The Legacy of McGirt v. Oklahoma: Criminal Jurisdiction on Tribal Land
The U.S. Supreme Court’s decision in McGirt v. Oklahoma (2020) held that the state of Oklahoma lacks jurisdiction to prosecute crimes committed by Indians within the reservations of the Muscogee (Creek) Nation. This means that Oklahoma cannot prosecute major crimes committed by Native Americans in this area. Instead, these cases fall under federal or Tribal jurisdiction. This landmark decision has since been extended to include the reservations of four additional Tribes: the Cherokee, …
Reproductive Health and Data Privacy: State and Cross-Border Protections
The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022) overturned the right to abortion established in Roe v. Wade (1973). In response, some states enacted strict abortion bans, while others strengthened reproductive health and patient privacy protections, including support for out-of-state patients in accessing abortion. Given the patchwork of state reproductive health and data privacy laws, it’s critical to understand the limits of disclosing protected …
Abortion Laws by State: Guide to Abortion Access and Restrictions
For nearly 50 years, Roe v. Wade (1973) established the constitutional right to abortion in the United States. This changed in 2022 following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe, leaving abortion regulation to individual states. With access to abortion varying widely by state in the post-Dobbs era, it’s important to be aware of your rights and the abortion laws in your state. If you have questions about your reproductive …
Suing in Small Claims Court: State-By-State Limits, Fees, and Steps
Small claims court is a local court process that allows individuals and businesses to resolve minor financial disputes quickly and easily without necessarily needing a lawyer. If someone owes you money for a loan or personal property damage, or a contractor failed to finish the job you paid them to do, small claims court offers a simple way to go to court to get a resolution to your legal matter. For more complex cases, you may find it helpful to consult a local attorney for legal guidance. If …
What Data Privacy Laws Protect Me? A State-By-State Guide
If you live in the United States, your personal data privacy can be protected by a combination of state and federal laws. While there is currently no comprehensive federal data privacy law, an increasing number of states have enacted data privacy legislation. These laws include the California Consumer Privacy Act (CCPA), Colorado Privacy Act (CPA), and Virginia Consumer Data Protection Act (VCDPA). If you have questions about your data privacy rights or feel your rights have been violated, seek …
Drug Screening in the Era of Legalized Marijuana
Many states have legalized marijuana for both medical and recreational use, and workplace drug testing laws are evolving. A few states that have legalized cannabis place limits on testing employees and applicants or protect employees from discrimination based on their legal use. However, most states in this position allow employers to test for marijuana use. If you have a question about employment-related drug testing or have concerns about how the employer handled your workplace drug test …
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