United States v. Lara - Federal Powers Couched in Terms of Sovereignty and a Relaxation of Prior Restraints
31 Pages Posted: 15 Oct 2009
Date Written: October 1, 2007
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.
Keywords: tribal, sovereignty, jurisdiction, Lara, minimum contacts
JEL Classification: k10
Suggested Citation: Suggested Citation