Narrowing From Below: How Lower Courts Can Limit Castro-Huerta

Authors

Michaela B. Parks

Keywords

Castro-Huerta, tribal sovereignty, Indian Law, jurisdiction, Indian country, Public Law 280, McGirt

Abstract

This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact limiting. It also provides illustrative examples of recent steps taken by lower courts to limit the decision using the very methods this Note argues for. Part IV briefly concludes this Note and urges lower courts to narrow Castro-Huerta from below.

Recommended Citation

Michaela B. Parks, Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, 76 Ark. L. Rev. (2024).
Available at: https://scholarworks.uark.edu/alr/vol76/iss4/7