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United States v. Lara - Federal Powers Couched in Terms of Sovereignty and a Relaxation of Prior Restraints

31 Pages Posted: 15 Oct 2009  

David P. Weber

Creighton University - School of Law

Date Written: October 1, 2007

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.

Keywords: tribal, sovereignty, jurisdiction, Lara, minimum contacts

JEL Classification: k10

Suggested Citation

Weber, David P., United States v. Lara - Federal Powers Couched in Terms of Sovereignty and a Relaxation of Prior Restraints (October 1, 2007). North Dakota Law Review, Vol. 83, No. 2, p. 735, 2007. Available at SSRN: https://ssrn.com/abstract=1488404

David P. Weber (Contact Author)

Creighton University - School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402 280 3334 (Phone)

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