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Santa Clara Law Review


JURISDICTION BY INFERENCE: LESSER-INCLUDED OFFENSES AND THE LIMITS OF FEDERAL POWER IN INDIAN COUNTRY
This Note examines a circuit split over whether federal courts may convict Indian defendants of unenumerated lesser-included misdemeanor offenses in prosecutions under the Major Crimes Act (MCA). Some circuits permit such convictions by inferring jurisdiction once a court properly exercises authority over an enumerated offense, while others reject that approach and require explicit congressional authorization. The disagreement has produced inconsistent outcomes and uncertaint
Roksana Gorgolewski
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