United States v. Lara -- Federal powers couched in terms of sovereignty anda relaxation of prior restraints
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Authors
Weber, David P.
Issue Date
2007
Type
Journal Article
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Abstract
This article examines the problematic reasoning of the Court in determining the scope of Indian tribes' sovereignty as a jurisdictional matter. By overlooking history, the Court characterizes a delegation of power as a relaxation of a prior restraint, implying no new delegation of power, and therefore concurrent criminal proceedings commenced by a sovereign tribe and by the federal government present no issue of double jeopardy. The article advocates, among other possibilities, the expansion of the scope of tribal jurisdiction to such a point that it could be deemed a near equivalent to federal criminal jurisdiction where such jurisdiction would be based primarily on the traditional rules of minimum contacts present in U.S. jurisprudence.
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Citation
David P. Weber, United States v. Lara – Federal Powers Couched in Terms of Sovereignty and a Relaxation of Prior Restraints, 83 N.D. L. Rev. 735 (2007).
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Copyright (c) 2007 David P. Weber