United States v. Lara -- Federal powers couched in terms of sovereignty anda relaxation of prior restraints
Weber, David P.
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.
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).
Copyright (c) 2007 David P. Weber