On Native Land, a Constitutional Reckoning Over Double Jeopardy
The circumstances that gave rise to Denezpi touch on core issues of due process and sovereignty, in particular the legal status of Indian lands within America’s constitutional architecture.
A case that emerged from a 500,000-acre Indian reservation in America’s sprawling West will reshape the contours of one of common law’s ancient taboos. The Romans called it non bis in idem, or “not twice against the same.”
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