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Fordham Law School

Criminal Law

Criminal law; U.S. territories; double jeopardy

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Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud Apr 2023

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

Fordham Law Review

This Essay examines the emergence and application of the "ultimate source" test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.

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