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Concurrent jurisdiction

Concurrent jurisdiction denotes the shared legal authority of two or more courts or sovereign entities to adjudicate the same matter or case, enabling proceedings in any competent forum without mutual exclusion.^[1] In the United States, this principle manifests prominently between federal and state courts for federal-question cases, such as civil rights actions under 42 U.S.C. § 1983, where plaintiffs may elect either venue based on strategic considerations like procedural rules or perceived impartiality.^[1]^[2] The default presumption under U.S. law favors concurrent jurisdiction in state courts for federal claims, absent explicit congressional designation of exclusivity or irreconcilable conflicts between national and state interests that necessitate federal monopoly.^[3]^[4] Beyond civil litigation, concurrent jurisdiction governs criminal enforcement on federal installations, permitting both state and federal prosecutions for offenses committed there to ensure comprehensive application of applicable laws.^[5]^[6] This framework promotes flexibility in dispute resolution while preserving sovereign competencies, though it can introduce forum-shopping incentives and dual-sovereignty doctrines in prosecutions, as affirmed in precedents like Gamble v. United States.^[2]

Definition and Principles

Core Definition

Concurrent jurisdiction denotes the simultaneous authority of two or more sovereign entities, such as courts or governments, to adjudicate and enforce laws over the identical legal matter or territory.^[1] This shared power stems from underlying structures of divided sovereignty, where authority is retained or concurrently held by multiple levels of governance rather than delegated from a singular source, permitting parallel proceedings unless statutes or constitutions explicitly allocate exclusivity.^[1] It differs from exclusive jurisdiction, which confines decision-making power to a single entity, precluding others from acting on the same issue.^[1] Concurrent jurisdiction also contrasts with original jurisdiction, which establishes a primary forum for initial adjudication but may permit removal or appeal without inherently authorizing equivalent parallel authority in another sovereign's courts.^[1] The doctrine applies where legal frameworks fail to mandate sole authority, allowing litigants potential choice of forum and requiring coordination to avoid conflicting outcomes, though without automatic deference to one jurisdiction over another. In federal systems, this manifests in statutes granting overlapping powers; for example, under 28 U.S.C. § 1331, U.S. district courts hold original jurisdiction over civil actions arising under federal law, yet state courts of general jurisdiction concurrently exercise authority over such federal questions absent congressional designation of exclusivity.^[7] Similarly, in public international law, treaty regimes may create concurrent jurisdiction, as Article 9 of the Statute of the International Criminal Tribunal for the former Yugoslavia provides that the Tribunal and national courts share authority to prosecute serious violations of international humanitarian law committed in its territory.^[8]

Foundational Principles

Concurrent jurisdiction embodies the principle that in systems of divided powers, such as federalism, multiple sovereigns may exercise authority over the same subject matter unless exclusivity is explicitly granted to one. This presumption of concurrency serves as a safeguard against gaps in legal enforcement, ensuring that disputes spanning jurisdictional boundaries receive adjudication rather than evasion through forum shopping or neglect. By distributing authority, it enhances efficiency, allowing subnational entities to supplement national efforts without awaiting centralized action, thereby averting the bottlenecks inherent in unified control.^[9] In the U.S. context, this doctrine finds expression in early Supreme Court rulings like Claflin v. Houseman (1876), which recognized dual sovereignties with overlapping jurisdiction over persons and territory, permitting state courts to adjudicate federal claims absent congressional preclusion.^[10]^[9] The Supremacy Clause (U.S. Const. art. VI, cl. 2) reinforces this by mandating federal law's precedence over conflicting state measures but does not imply exclusive federal enforcement; instead, it accommodates concurrent state application to maintain comprehensive justice administration.^[11]^[12] Overlaps are managed through doctrines emphasizing comity over conflict, such as abstention principles that defer to ongoing proceedings in coordinate forums to preserve sovereignty balances. Younger abstention, for example, restrains federal intervention in state criminal or civil enforcement actions out of equitable respect for state processes.^[13] Removal mechanisms further coordinate by enabling transfer between jurisdictions, preventing duplicative litigation while upholding shared authority.^[14] These tools prioritize practical resolution, fostering cooperation that aligns with the causal dynamics of divided governance rather than imposing hierarchical dominance.^[15]

Historical Development

Medieval and Ecclesiastical Origins

In the medieval Catholic Church, concurrent jurisdiction emerged from the dual spiritual and temporal authorities that overlapped in adjudicating offenses involving clergy, reflecting pragmatic accommodations in a fragmented feudal order lacking centralized power monopolies. Benefit of clergy, a key privilege, exempted clerics accused of felonies from secular courts, directing trials to ecclesiastical tribunals that applied canon law penalties such as penance or degradation rather than corporal or capital punishments. This immunity, rooted in early Christian precedents like Emperor Constantius's decree of 355 requiring episcopal trials for bishops, gained firm footing in England via William I's 1066 ordinance separating church and state courts, thereby establishing overlapping claims over clerical crimes without exclusive resolution.^[16] The Gregorian Reforms of the 1070s, spearheaded by Pope Gregory VII, intensified these dynamics by asserting ecclesiastical independence from lay investiture and control, fostering a hybrid system where church courts handled not only doctrinal matters but also moral offenses like adultery, fornication, and usury—issues with potential secular parallels. In England from the 12th century, ecclesiastical courts under bishops and archdeacons exercised authority over such sins meriting censures, often concurrently with royal courts for lay participants or when offenses implicated spiritual welfare, as seen in handling defamation tied to reputation in religious contexts. Tensions arose from this duality, exemplified by the 1164 Constitutions of Clarendon, where Henry II sought to curb church privileges, yet the 1172 Treaty of Avranches reaffirmed clerical trials in spiritual forums, barring only specific royal exemptions like forest laws.^[16]^[17] Through the 13th to 15th centuries, this arrangement persisted amid feudal decentralization, enabling church courts to impose public penances for clergy misconduct while secular authorities pursued unprivileged cases, though it bred abuses such as lenient treatment of serious felonies by clerics, undermining uniform justice. Royal writs of prohibition occasionally checked overreach, but the core overlap stemmed from causal necessities of divided sovereignty, where ecclesiastical immunities filled enforcement gaps yet invited impunity in a landscape of competing loyalties.^[17]^[16]

Emergence in Modern Federalism

The U.S. Constitution, ratified in 1787, vested the judicial power of the United States in one Supreme Court and such inferior courts as Congress might establish, extending federal jurisdiction to cases arising under the Constitution, federal laws, and treaties, as well as to controversies involving diverse parties or states (Article III, Section 2). This framework implicitly permitted concurrent jurisdiction by state courts over many federal matters, as it neither mandated exclusivity for federal courts nor stripped states of authority to adjudicate federal questions in the absence of congressional directive. The provision reflected pragmatic recognition that a fledgling national judiciary could not immediately supplant established state systems, thereby preventing enforcement gaps in federal law across a vast, decentralized republic.^[18] The Judiciary Act of 1789, enacted by the First Congress on September 24, operationalized this structure by creating district and circuit courts with defined jurisdictions, including original cognizance over federal crimes (Section 9) and civil suits arising under U.S. laws (Section 11), while explicitly allowing concurrent state court authority for such cases unless exclusivity was specified.^[19] For instance, state courts retained parallel power over many federal question suits involving non-diverse parties, ensuring that federal law could be enforced locally without awaiting federal court expansion.^[20] This concurrency embodied the framers' reasoning against a centralized judicial monopoly, as debated in Congress, where Anti-Federalist fears of overburdening or tyrannizing through an all-encompassing federal judiciary prompted limits on exclusive federal reach, favoring reliance on state institutions for efficiency and accessibility.^[21] The Act's design thus prioritized causal efficacy in law application, distributing caseloads to avert systemic vacuums in a polity spanning 13 disparate states with uneven judicial resources.^[22] This American precedent shaped 19th-century federal constitutions, notably Australia's of 1901, which vested federal judicial power in a High Court and federal judiciary (Chapter III) while empowering Parliament to confer concurrent federal jurisdiction on state courts (Section 77(iii)), mirroring U.S. invested authority to integrate existing state systems and avoid jurisdictional voids in a federation of remote colonies.^[23] Drafted amid influences from U.S. federalism, the Australian framework empirically targeted comprehensive dispute resolution in diverse territories, where standalone federal courts risked inaccessibility and delay, much as the Founders had calculated for post-colonial America.^[24]

Application in National Legal Systems

United States Federal-State Dynamics

In the United States, concurrent jurisdiction between federal and state courts operates primarily in civil matters involving federal questions, where state courts may adjudicate claims arising under federal law unless Congress has expressly granted exclusive jurisdiction to federal courts. This principle stems from the presumption of concurrent jurisdiction, rooted in the Supremacy Clause and historical practice, allowing state courts of general jurisdiction to hear such cases alongside federal district courts empowered by 28 U.S.C. § 1331 for federal question jurisdiction and § 1332 for diversity of citizenship.^[25]^[26] The Supreme Court has affirmed this in cases like Tafflin v. Levitt (493 U.S. 455, 1990), holding that state courts possess concurrent jurisdiction over civil claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) absent any irreconcilable conflict with federal interests or explicit congressional preemption.^[27] A prominent example is securities fraud litigation under the Securities Act of 1933, where 15 U.S.C. § 77v(a) explicitly provides for concurrent jurisdiction in federal and state courts for claims alleging false or misleading statements in registration statements, enabling plaintiffs to file in either forum. In criminal contexts, concurrent jurisdiction arises under the dual sovereignty doctrine when the same conduct violates both federal and state laws, permitting successive prosecutions by each sovereign without triggering double jeopardy protections under the Fifth Amendment, as the Blockburger test (from Blockburger v. United States, 284 U.S. 299, 1932)—which assesses whether offenses require proof of distinct elements—applies only within the same sovereign and does not bar federal prosecution following a state conviction or acquittal. This framework, reaffirmed in Gamble v. United States (587 U.S. ___, 2019), allows for potential multiple punishments but reflects the independent prosecutorial authority of each government. Concurrent jurisdiction facilitates workload distribution across judicial systems burdened by rising caseloads, as state courts absorb federal claims that might otherwise overload federal dockets. In Michigan, for instance, state law under Mich. Comp. Laws § 600.401(3) authorizes concurrent jurisdiction plans among trial courts, including provisions for case transfers or assignments to equitably allocate workloads, with implementations adopted in various counties around 2012 to streamline operations and reduce delays.^[28] However, this flexibility introduces risks of forum shopping, where litigants strategically select the jurisdiction perceived as more advantageous due to differences in procedural rules, judicial tendencies, or substantive interpretations, potentially undermining uniformity in federal law application.^[25]

United States Indian Country Jurisdiction

In United States Indian Country, defined under 18 U.S.C. § 1151 as reservations, dependent Indian communities, and allotments, criminal jurisdiction involves overlapping federal, tribal, and in certain cases state authority, primarily governed by the Major Crimes Act of 1885 (18 U.S.C. § 1153), which grants federal courts exclusive jurisdiction over specified serious offenses—such as murder, manslaughter, kidnapping, and sexual abuse—committed by or against Indians.^[29] The General Crimes Act (18 U.S.C. § 1152), originally enacted in 1790 and expanded over time, applies general federal criminal laws to offenses in Indian Country by non-Indians against non-Indians or by non-Indians against Indians, while excluding crimes by Indians against Indians except as modified by the Major Crimes Act.^[30] Tribes retain inherent sovereign authority to prosecute Indians for violations of tribal law, subject to federal limitations on sentencing for non-capital offenses under the Indian Civil Rights Act of 1968 (25 U.S.C. § 1302), creating a baseline of concurrent federal-tribal jurisdiction for many intra-Indian crimes.^[31] Public Law 280, enacted in 1953 (67 Stat. 588), transferred criminal jurisdiction to six mandatory states (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin) and permitted optional assumption by others, granting states concurrent or exclusive authority over most crimes in specified Indian Country, except major crimes reserved to federal jurisdiction.^[32] In Public Law 280 states, tribal courts maintain concurrent jurisdiction over Indians for tribal offenses, but federal overlap persists for enumerated major crimes, resulting in prosecutorial coordination challenges.^[33] Outside Public Law 280 areas, states historically lacked jurisdiction over crimes involving Indians, presuming federal preemption based on prior Supreme Court precedents like Worcester v. Georgia (1832), though this framework shifted in 2022.^[31] The Supreme Court's decision in McGirt v. Oklahoma (591 U.S. 867, 2020) affirmed that much of eastern Oklahoma remains Indian Country under historical treaties, expanding the geographic scope of federal and tribal jurisdiction and complicating state enforcement by redirecting certain prosecutions to federal courts, which has strained resources and amplified concurrency disputes.^[34] In Oklahoma v. Castro-Huerta (142 S. Ct. 2486, 2022), the Court ruled 5-4 that states possess inherent jurisdiction to prosecute non-Indians for crimes against Indians in Indian Country, absent clear congressional preemption, rejecting the presumption against state authority and establishing concurrent state-federal jurisdiction for such cases nationwide.^[35] This decision, dissenting opinions argued, undermines tribal sovereignty by eroding federal exclusivity, but it aims to address enforcement gaps by enabling state prosecutions where federal resources are limited.^[36] These jurisdictional overlaps contribute to systemic enforcement issues, including high federal declination rates: U.S. Attorneys declined 63 percent of Indian Country criminal matters referred by the Bureau of Indian Affairs and 46 percent referred by the FBI from fiscal years 2005 to 2009, often due to insufficient evidence, resource constraints, or alternative tribal handling.^[37] More recent data from 2013 showed 34 percent declinations of Indian Country submissions.^[38] Such non-prosecutions correlate with elevated violent crime rates in Indian Country, where American Indians and Alaska Natives experience violent victimization at rates 2.5 times the national average, including homicide rates exceeding national figures by factors of 1.5 to 3 times in certain metrics.^[39] Post-McGirt expansions have intensified these "jurisdictional mazes," with Oklahoma reporting increased case backlogs and unresolved violence, underscoring causal links between fragmented authority and under-enforcement.^[40]

Concurrent Jurisdiction in Other Federal Nations

In Canada, the Constitution Act, 1867 divides legislative powers between the federal Parliament (section 91) and provincial legislatures (section 92), with limited explicit concurrency in areas such as agriculture and immigration (section 95) and old-age pensions (section 94A, added in 1951).^[41]^[42] Overlaps arise in practice, particularly in shared fields like trade and commerce, where federal authority over interprovincial matters (section 91(2)) intersects with provincial regulation of local economic activities. Conflicts are resolved through the judge-made doctrine of paramountcy, under which valid federal legislation prevails over inconsistent provincial laws, rendering the latter inoperative only to the extent of the inconsistency, without a constitutional supremacy clause akin to that in other systems.^[43]^[44] This approach fosters concurrency by allowing dual operation until direct conflict, promoting federal dominance in national matters while preserving provincial autonomy in non-conflicting spheres, as affirmed in cases like Multiple Access Ltd. v. McCutcheon (1982).^[45] Australia's Constitution similarly structures federalism with concurrent powers enumerated in section 51, encompassing areas like external affairs, trade, and industrial relations, where both Commonwealth Parliament and state legislatures may enact laws unless federal legislation excludes state competence.^[46] Section 109 provides for invalidation of state laws inconsistent with Commonwealth laws, either through direct repugnancy or by covering the entire field, enabling a stronger central override compared to presumptive state preservation in some jurisdictions. High Court precedents, notably Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd. (1920), rejected doctrines of implied state immunities or reserved powers, adopting a literal interpretation that presumes concurrency absent explicit constitutional exclusion and expands federal scope within section 51 heads.^[47] This framework mirrors structural allowances for overlapping authority but deviates through s109's explicit mechanism, facilitating efficient resolution via judicial review rather than prolonged intergovernmental negotiation. Both systems emphasize intergovernmental comity to manage concurrency, with Canada relying on executive federal-provincial conferences for coordination in shared areas like health and environment, and Australia employing similar mechanisms alongside fiscal transfers to mitigate disputes.^[48] Empirical assessments indicate these approaches enhance administrative efficiency by avoiding rigid exclusivity, as evidenced by cooperative arrangements in immigration policy where provinces negotiate with federal authorities under section 95, reducing litigation compared to more adversarial models.^[49] In Australia, section 51's breadth has supported national uniformity in concurrent domains like corporations law, post-referral by states in 2001, underscoring comity's role in adapting federalism without the multi-layered jurisdictional layers found elsewhere.^[50]

International and Supranational Contexts

Principles in Public International Law

Public international law permits concurrent jurisdiction over the same subject matter by multiple states, absent a specific treaty prohibition, as this aligns with sovereign equality and the absence of a centralized authority to allocate competence. This permissive framework stems from the foundational principle that international law restricts state jurisdiction only where explicitly required by custom or agreement, allowing overlaps without inherent conflict. The S.S. Lotus case (France v. Turkey), decided by the Permanent Court of International Justice on September 7, 1927, exemplifies this: following a collision on the high seas between a French steamer and a Turkish vessel, the PCIJ upheld Turkey's jurisdiction based on territorial effects (the deaths occurring on Turkish soil) alongside France's claim via nationality of the officer on watch, ruling that "restrictions upon the independence of States cannot... be presumed" and concurrency exists unless barred.^[51]^[52] Jurisdictional bases such as territoriality (over acts or effects within borders), active nationality (over a state's nationals extraterritorially), passive personality (over offenses against nationals), and universality (for crimes like piracy, genocide, or torture transcending state interests) inherently enable such overlaps, as no single principle yields exclusive authority. Territoriality, the dominant basis, applies subjectively to conduct commencing in the territory or objectively to substantial effects therein; nationality principles extend reach abroad for loyalty or protection; universality, limited to jus cogens violations, invites any state to prosecute absent links. Customary law imposes no duty to defer, though states often prioritize via domestic choice-of-law rules or prosecutorial discretion to avoid inefficiency.^[53] Concurrency supports robust transnational enforcement, as seen in extradition treaties that accommodate dual proceedings with qualified ne bis in idem clauses, which bar retrial for identical offenses but permit exceptions for prior foreign trials if not deemed final or equivalent under treaty terms—reflecting ne bis in idem's status as non-absolute customary law across borders.^[54] In civil contexts, parallel proceedings arise similarly, managed through comity, forum non conveniens, or Hague Conference instruments like the 2005 Choice of Court Convention, which indirectly mitigates lis pendens by enforcing exclusive forum selections, though broader regulation of overlaps remains treaty-dependent rather than mandatory. This approach risks procedural duplication or inconsistent outcomes, prompting diplomatic resolutions over hierarchical mandates, as sovereignty precludes automatic primacy.

European Union Framework

The Treaty of Lisbon, which entered into force on 1 December 2009, expanded the European Union's competences in judicial cooperation in criminal matters under Title V of the TFEU, establishing shared powers between the EU and member states to approximate laws and resolve jurisdictional overlaps through binding instruments. This framework emphasizes coordination to mitigate conflicts arising from concurrent national jurisdictions in cross-border cases, particularly in serious crime areas like terrorism, trafficking, and fraud affecting EU interests.^[55] Unlike decentralized international law approaches reliant on comity, the EU model imposes supranational mechanisms for efficiency, such as Eurojust's role in identifying parallel proceedings—where multiple member states investigate the same facts—and facilitating agreements to designate a single lead jurisdiction, thereby preventing duplication and ne bis in idem violations.^[56]^[57] In criminal investigations, the European Investigation Order (EIO), introduced by Directive 2014/41/EU on 22 April 2014, enables direct judicial recognition of orders for evidence gathering across borders, minimizing fragmented parallel actions by streamlining mutual recognition without systematic double checks. Complementing this, the European Public Prosecutor's Office (EPPO), operational since June 2021 under Council Regulation (EU) 2017/1939 of 15 October 2017, asserts primacy over national authorities in 22 participating member states for offenses against EU financial interests exceeding €10,000, effectively resolving concurrency by centralizing prosecution and deferring national efforts in those domains.^[58] Eurojust supports non-EPPO cases by coordinating joint investigation teams and proposing transfers of proceedings, with data from 2023 indicating it resolved or prevented over 100 conflicts annually through such interventions.^[59] For civil and commercial disputes, Regulation (EU) No 1215/2012 of 12 December 2012 (the recast Brussels I Regulation) allocates jurisdiction primarily to member state courts based on domicile or agreement, while addressing concurrency via the lis pendens rule in Articles 29-32: the court first seised retains competence, obliging others to stay or decline if proceedings are related and involve the same cause of action, thus prioritizing temporal priority to avert irreconcilable judgments.^[60]^[61] This mechanism, upheld by the Court of Justice of the EU (CJEU) as compatible with international obligations, fosters predictability in supranational integration by harmonizing rules rather than permitting unchecked overlaps, distinguishing the EU's approach from federal models emphasizing inherent sovereign division.^[60] The CJEU's jurisprudence reinforces this by mandating uniform interpretation, ensuring member states' concurrent claims yield to EU-wide efficiency without undermining national procedural autonomy.^[62]

Controversies and Empirical Assessments

Jurisdictional Conflicts and Procedural Issues

Concurrent jurisdiction enables forum shopping, where litigants select the court most advantageous to their position among those with overlapping authority, potentially leading to inconsistent application of law across forums.^[63] In the United States, defendants may remove cases from state to federal court under 28 U.S.C. § 1441 when federal jurisdiction exists concurrently, aiming to avoid perceived state biases but raising concerns over strategic venue manipulation.^[64] Such practices can result in procedural inefficiencies, as jurisdictional doctrines sometimes encourage rather than deter shopping between vertical forums like state and federal courts.^[65] Successive prosecutions represent another core conflict, as concurrent authority between sovereigns does not automatically invoke double jeopardy protections. In Heath v. Alabama (1985), the U.S. Supreme Court affirmed the dual sovereignty doctrine, holding that two states may prosecute the same conduct without violating the Fifth Amendment, since each derives power from independent sources.^[66] To mitigate abusive overlaps in federal-state matters, the Department of Justice's Petite Policy restricts federal pursuits following state actions unless compelling interests like substantial federal concerns justify otherwise, though this internal guideline creates no enforceable defendant rights.^[67] Critics note that without such restraints, defendants face prolonged litigation and divergent outcomes, undermining finality.^[68] Internationally, concurrent jurisdiction exacerbates tensions under principles like aut dedere aut judicare, obligating states to either extradite suspects or prosecute domestically for grave offenses such as torture or war crimes, yet multiple states may assert claims over the same acts, sparking disputes over primacy.^[69] This can yield inconsistent rulings if one state proceeds while another declines extradition, complicating enforcement of universal obligations without centralized authority.^[70] Proponents of concurrent jurisdiction argue it fosters flexibility, allowing access to specialized forums or cross-border remedies that enhance justice administration, particularly in federal systems where litigants benefit from dual options.^[71] Detractors, however, highlight procedural chaos, including risks of endless appeals, conflicting precedents, and resource strain, as early analyses warned of inherent "dangers" in overlapping powers that invite abuse and erode predictability.^[72] Empirical procedural challenges persist, with no uniform resolution mechanism, leaving resolution to discretionary policies or comity principles that vary by context.^[73]

Effectiveness, Crime Outcomes, and Criticisms

In U.S. Indian Country, concurrent jurisdiction among federal, tribal, and—following the 2022 Oklahoma v. Castro-Huerta decision—state authorities has failed to curb elevated violent crime rates, with American Indian and Alaska Native women facing homicide rates approximately 10 times the national average per Centers for Disease Control and Prevention data analyzed in congressional reports.^[74]^[75] Bureau of Justice Statistics surveys confirm that violent victimization rates for American Indians remain 2.2 times higher than for non-Indians, a disparity linked to enforcement gaps rather than resolved by overlapping prosecutorial powers.^[76] Federal declination rates exacerbate these outcomes, with U.S. Attorneys' offices rejecting over 67% of referred Indian Country criminal matters in fiscal year 2009, a figure exceeding non-Indian Country cases and persisting at 65-75% in subsequent Department of Justice assessments due to evidentiary hurdles and resource limitations.^[77]^[78]^[79] Sexual assault convictions illustrate the impunity risks of diffused authority, dropping below 10% of reported cases in Indian Country, where jurisdictional handoffs between tribal, federal, and state entities lead to investigative attrition and unprosecuted offenses amid tribal courts' sentencing caps and federal prioritization elsewhere.^[80]^[81] Post-Castro-Huerta expansions of state role have yielded mixed workload shifts but no measurable crime reductions through 2024, as tribes report diminished cross-deputization and cooperative prosecutions, with Oklahoma districts showing stalled progress on violence amid ongoing federal declinations above 70%.^[82] Limited studies on concurrent systems broadly indicate workload efficiencies in low-volume overlaps but heightened evasion in high-crime zones, where multiple authorities enable "passing the buck" without accountability.^[83] Critics from tribal sovereignty perspectives, emphasizing indigenous self-governance, decry concurrency as an erosion of exclusive federal-tribal primacy, arguing it invites state overreach that undermines cultural responses and deters victim reporting.^[84]^[85] Proponents of state-led streamlining, prioritizing deterrence via unified enforcement, counter that tribal resource deficits and federal inaction necessitate broader jurisdiction to close impunity loops, citing declination-driven non-prosecutions as evidence of overlap's failure.^[86] Causal analyses favor delineated authority over concurrency, as procedural diffusion correlates with lower clearance rates and sustained crime, per U.S. Attorneys' office comparisons showing non-overlap districts achieving higher indictments.^[87]^[88]

References

[1]
concurrent jurisdiction | Wex | US Law | LII / Legal Information Institute
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it.
[2]
Tafflin v. Levitt | 493 U.S. 455 (1990) | Justia U.S. Supreme Court ...
State courts can have concurrent jurisdiction over federal claims except when the interests of the state and federal governments cannot be reconciled.
[3]
Federal State Court Relations - US Constitution Annotated - Justia Law
Indeed, the presumption is that state courts enjoy concurrent jurisdiction, and Congress must explicitly or implicitly confine jurisdiction to the federal ...
[4]
ArtIII.S1.6.4 State Court Jurisdiction to Enforce Federal Law
The Court thus held that the State courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.
[5]
[PDF] Concurrent Jurisdiction - Military OneSource
Concurrent jurisdiction allows the federal and state government to share jurisdiction and enforce both federal and state laws, as well as provide both federal ...
[6]
[PDF] Concurrent Jurisdiction on Military Property
Concurrent jurisdiction allows either the state or federal authorities to do so. Without concurrent jurisdiction on military installations there is no ...Missing: definition | Show results with:definition
[7]
28 U.S. Code § 1331 - Federal question - Law.Cornell.Edu
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
[8]
IHL Treaties - Article 9
The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law ...
[9]
CLAFLIN v. HOUSEMAN, ASSIGNEE. | Supreme Court | US Law
Every citizen of a State is a subject of two distinct sovereignties, having concurrent jurisdiction in the State,—concurrent as to place and persons, though ...
[10]
Claflin v. Houseman | 93 U.S. 130 (1876)
The defendant demurred to the complaint, assigning as cause first that the court had no jurisdiction of the subject of the action; secondly that the complaint ...
[11]
Supremacy Clause | Wex | US Law | LII / Legal Information Institute
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
[12]
ArtIII.S1.6.3 Doctrine on Federal and State Courts
For example, Congress amended the current federal question statute, 28 U.S.C. § 1331, in 1976 and 1980 to eliminate the jurisdictional amount requirement.
[13]
Our Federalism – The Younger Abstention Doctrine - The Florida Bar
Nov 10, 2007 · Younger abstention is distinguished from other abstention doctrines because it is based on considerations of comity and equity jurisprudence.
[14]
The New Comity Abstention - California Law Review
Jan 14, 2025 · The various abstention doctrines are attempts to work around and solve the problems of concurrent jurisdiction. As the Supreme Court has ...
[15]
Conflicts of Jurisdiction: Rules of Accomodation - Justia Law
The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if applicable state law, which would be dispositive of the controversy, ...
[16]
[PDF] Benefit of Clergy--A Legal Anomaly - UKnowledge
Among the most prized privileges of the Medieval Church was benefit of clergy. This may be defined as an immunity by which clergymen accused of felony, ...Missing: concurrent | Show results with:concurrent
[17]
[PDF] The Courts Christian in Medieval England
Oct 4, 2017 · This Article examines the structure and jurisdiction of the pre-Reformation ecclesiastical courts in England to determine.Missing: concurrent benefit<|separator|>
[18]
Federal Judiciary Act (1789) | National Archives
May 10, 2022 · The 1789 Act established limited jurisdiction for district and circuit courts, gave the Supreme Court original jurisdiction, and created a ...
[19]
Landmark Legislation: Judiciary Act of 1789 - Federal Judicial Center |
The Judiciary Act of 1789 represented a compromise between those who wanted the federal courts to exercise the full jurisdiction allowed under the ...
[20]
Federal—State Court Relations: Overview - Law.Cornell.Edu
and which Congress effectuated by enacting § 25 of the Judiciary Act of 1789. ... Indeed, the presumption is that state courts enjoy concurrent jurisdiction ...
[21]
https://www.ojp.gov/pdffiles1/Digitization/120728NCJRS.pdf
[22]
[PDF] Congress Creates the Federal Court System - National Archives
Article III of the Constitution simply states that “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts ...
[23]
Infosheet 13 - The Constitution - Parliament of Australia
On other matters the Commonwealth and the states have what are called concurrent powers—that is, both the Commonwealth and the states may legislate. The states ...
[24]
[PDF] A Comparison of the Constitutions of Australia and the United States
In this formal respect, the. Australian Constitution closely follows the American pattern. 7. It is interesting to note that there are only two decisions of the ...
[25]
subject matter jurisdiction | Wex - Law.Cornell.Edu
In many areas, federal and state courts also have concurrent subject matter jurisdiction. This gives parties the flexibility to choose the forum that they ...
[26]
Federal and State Courts: Structure and Interaction - Congress.gov
Aug 2, 2023 · As part of their general jurisdiction, state courts have concurrent jurisdiction to hear most cases that raise issues under the Constitution or ...
[27]
TAFFLIN v. LEVITT, 493 U.S. 455 (1990) - FindLaw Caselaw
State courts have concurrent jurisdiction over civil RICO claims. The presumption in favor of such jurisdiction has not been rebutted by any of the factors ...
[28]
[PDF] Concurrent Jurisdiction - State Bar of Michigan
Nov 27, 2012 · This proposed “unification” of the courts was intended to col- lapse the jurisdictional barriers among the circuit, district, and probate courts ...
[29]
679. The Major Crimes Act—18 U.S.C. § 1153 - Department of Justice
Limited Criminal Jurisdiction Over Property Held Proprietorially · 669 ... jurisdiction over certain major crimes committed by an Indian against another Indian.
[30]
Indian Country Crime | Federal Bureau of Investigation - FBI
The FBI derives its jurisdiction primarily from two federal laws: the General Crimes Act ... Indian country criminal investigator training; Death investigations ...
[31]
General Guide to Criminal Jurisdiction in Indian Country
§ 1153): The Major Crimes Act (enacted following the U.S. Supreme Court's 1883 Ex Parte Crow Dog decision) provides for federal criminal jurisdiction over seven ...
[32]
Public Law 280 Resources - Tribal Court Clearinghouse
Section 221(b) of the new law, now codified at 18 U.S.C. 1162(d), permits an Indian tribe with Indian country subject to State criminal jurisdiction under ...
[33]
[PDF] LAW ENFORCEMENT IN PUBLIC LAW 280 STATES
Absent authority expressly granted by federal legislation, states lack criminal jurisdiction over crimes committed by Indians in Indian country1. Tribal and.
[34]
[PDF] McGirt v. Oklahoma Case Law Update
In a 5-4 decision, the Supreme Court held that the State of Oklahoma lacked criminal jurisdiction over Petitioner McGirt.<|separator|>
[35]
[PDF] 21-429 Oklahoma v. Castro-Huerta (06/29/2022) - Supreme Court
Jun 29, 2022 · This case presents a jurisdictional question about the prosecution of crimes committed by non-Indians against In- dians in Indian country: Under ...
[36]
Oklahoma v. Castro-Huerta - SCOTUSblog
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kavanaugh on June 29, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer ...
[37]
U.S. Department of Justice Declinations of Indian Country Criminal ...
Dec 13, 2010 · USAOs declined 63 percent of Indian country criminal matters referred by the BIA and 46 percent of Indian country criminal matters referred by ...
[38]
Department of Justice Releases Second Report to Congress on ...
Aug 26, 2014 · USAO data for CY 2013 show that 34 percent (853) of all Indian country submissions for prosecution (2,542) were declined for prosecution. In CY ...
[39]
Missing and Murdered Indigenous People Crisis | Indian Affairs
... murder, rape, and violent crime are all higher than the national averages. ... rates of violence on reservations are much higher than the national average.
[40]
The Jurisdictional Landscape of Indian Country After the McGirt and ...
Jul 26, 2023 · In Oklahoma v. Castro-Huerta, the U.S. Supreme Court held that concurrent state and federal jurisdiction exists over criminal prosecutions in ...
[41]
The Distribution of Legislative Powers: An Overview
Jan 3, 2022 · Sections 94A and 95 of the Constitution Act, 1867 set out concurrent jurisdictions for immigration, agriculture and old age pensions and ...
[42]
THE CONSTITUTION ACTS 1867 to 1982 - Laws.justice.gc.ca
Powers of the Parliament · 1. Repealed. · 2. The Regulation of Trade and Commerce. · 3. The raising of Money by any Mode or System of Taxation. · 4. The borrowing ...
[43]
The constitutional distribution of legislative powers - Canada.ca
Oct 5, 2021 · 3. Concurrent/Shared Powers ... Concurrent powers are specified in ss. 94A and s. 95 of the Constitution Acts, 1867 to 1982 (also see notes):. Old ...
[44]
[PDF] The Differing Federalisms of Canada and the United States
In the United States, the Constitition explicitly provides for supremacy of federal over state law, and judicial supremacy was declared to exist in Marbury v ...
[45]
[PDF] The Distribution of Legislative Powers: An Overview
Oct 16, 2019 · Constitution Act, 1867 also specifically provides for concurrent powers. Sections 94A and 95 of the Constitution Act, 1867 set out shared ...<|separator|>
[46]
Part V - Powers of the Parliament
51. Legislative powers of the Parliament ... The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government ...
[47]
"Territory Courts and Federal Jurisdiction" [2005] FedLawRw 3
The High Court, in Spratt v Hermes, held that the Court of Petty Sessions in the Australian Capital Territory was not a 'federal court' to which s 72 applied.Missing: concurrent | Show results with:concurrent
[48]
[PDF] Intergovernmental Relations in Canada and Australia
Abstract: Although they bear many similarities, the practice of federalism is different in Canada and Australia. Each country has evolved in ways that their ...
[49]
[PDF] Federalism and Intergovernmental Relations in Australia, Canada ...
Promise and Performance from 1928 through 1951, (Ph. D. Thesis, University of Melbourne, 1952), 300 p. BEECROFT, E. A., The Working of Australian Federalism, ( ...Missing: efficiency | Show results with:efficiency
[50]
The responsibilities of the three levels of government
For other areas, the federal and state levels have shared responsibilities – concurrent powers. These areas include education, health and water management.
[51]
The Case of the S.S. Lotus, France v. Turkey, Judgment, 7 ...
... concurrent jurisdiction. This fact is directly opposed to the existence of a tacit consent on the part of States to the exclusive jurisdiction of the State ...
[52]
Lotus, Judgment, 7 Sept 1927 - Jus Mundi
Feb 4, 2021 · —The Boz-Kourt—Lotus case being a case involving "connected" offences ... concurrent jurisdiction. This fact is directly opposed to the ...
[53]
[PDF] jurisdiction.pdf - American Society of International Law
Jurisdiction to prescribe is a country's ability to make its law applicable. Bases include territoriality, nationality, passive personality, protective ...
[54]
Ne bis in idem - Oxford Public International Law
Commonly, such treaties provide for ne bis in idem as a ground for refusing extradition where the accused has already been prosecuted in the courts of the ...
[55]
[PDF] Conflicts of Jurisdiction, Transfer of Proceedings and Ne Bis In Idem
Mr Nies underlined that the ne bis in idem principle is rarely applied, since in practice most conflicts are resolved consensually. Moreover, the. Luxembourgish ...
[56]
Conflicts of jurisdiction | Eurojust - European Union
Parallel proceedings, where investigations into the same crime take place in two or more Member States, can be beneficial in combating crime more effectively.
[57]
4.3 Resolving conflicts of jurisdiction - Eurojust - European Union
The Agency is uniquely placed to detect linked and parallel proceedings and advise the judicial authorities of the Member States involved on how to reach a ...
[58]
[PDF] Understanding the European Public Prosecutor's Office (EPPO)
Their responsibilities involve the investigation, prosecution, and bringing to judgment of cases falling under the EPPO's jurisdiction on behalf of the office.
[59]
6.3 Resolving conflicts of jurisdiction - Eurojust - European Union
The Agency is uniquely placed to detect linked and parallel proceedings and advise the judicial authorities from the Member States involved on how to reach a ...
[60]
L_2012351EN.01000101.xml - EUR-Lex
Dec 20, 2012 · The validity of the agreement conferring jurisdiction cannot be contested solely on the ground that the contract is not valid. Article 26. 1.
[61]
Concurrent proceedings—differences between parallel and related ...
Feb 23, 2024 · This Checklist provides an aid to understanding the differences between parallel and related proceedings under Regulation (EU) 1215/2012, Brussels I (recast)
[62]
Establishing Jurisdiction and Enforcing Judgments - Oxford Academic
This chapter analyses the legislative history, main substantive content, and normative implications of Regulation (EC) No 44/2001 on jurisdiction and ...<|separator|>
[63]
forum shopping | Wex | US Law | LII / Legal Information Institute
Forum shopping refers to the practice of pursuing a claim subject to concurrent jurisdiction in the court that will treat the claim most favorably.
[64]
Background For Removal - Concurrent Jurisdiction of State and ...
Removal provides a way for a defendant to remove a case for which federal subject matter jurisdiction exists to federal court.
[65]
[PDF] THE CHECKS AND BALANCES OF FORUM SHOPPING
The law of forum shopping has splintered into dissonant doctrinal silos. Jurisdictional doctrines enable, even encourage, forum shopping. Erie condemns.
[66]
Heath v. Alabama | 474 U.S. 82 (1985)
Under the dual sovereignty doctrine, successive prosecutions by two States for the same conduct are not barred by the Double Jeopardy Clause of the Fifth ...
[67]
682. Successive Prosecutions | United States Department of Justice
1993)("Petite policy" creates no rights enforceable by defendant). The Court in Wheeler left open the question whether the "dual sovereignty" ruling would apply ...Missing: concurrent | Show results with:concurrent
[68]
Dual Prosecutions: A Model for Concurrent Federal Jurisdiction
1. The Petite Policy governs both dual prosecutions (federal prosecutions that follow a state prosecution) and successive prosecutions (federal prosecutions ...
[69]
[PDF] The obligation to extradite or prosecute (aut dedere aut judicare)
The obligation to extradite or prosecute (aut dedere aut judicare) means states must either extradite or prosecute individuals accused of certain crimes, to ...
[70]
Aut dedere aut iudicare - Oxford Public International Law
Enforcement of international criminal law is entrusted primarily to States, under a formula known as aut dedere aut iudicare, meaning extradite or prosecute.
[71]
The Culture of Forum Shopping in the United States
Jun 5, 2024 · This paper details the unique landscape of forum shopping in American courts along three dimensions: vertical shopping between federal and state court, ...
[72]
Concurrent Jurisdiction. Its Necessity and Its Dangers - jstor
CONCURRENT JURISDICTION 137. CONCURRENT JURISDICTION-ITS NECESSITY AND. ITS DANGERS. A FTER enumerating the six instances in which the judiciary .L L of the ...
[73]
[PDF] The Exercise of Concurrent International Jurisdiction - CORE
Certain situations may be governed by a treaty giving one or the other State "primary" juris- diction." Even in the absence of such a treaty, some foreign ...
[74]
https://appropriations.house.gov/news/press-releases/cole-first-native-american-chair-house-appropriations-data-indicates-native
[75]
Domestic violence in American Indian and Alaska Native populations
Nov 7, 2024 · Homicide rates for American Indian and Alaska Native women are more than ten times the national average in some counties and overall, 2.8 times ...<|separator|>
[76]
[PDF] Bureau of Justice Statistics - American Indians and Crime
The violent crime rate for American. Indian females ... Supplemental data regarding murders with known circumstances indicate that. American Indian murder victims ...
[77]
GAO-11-167R, U.S. Department of Justice Declinations of Indian ...
... data set and analyzed the data to determine declination rates for Indian country matters. ... Indian country referrals from fiscal years 2005 through 2009.
[78]
[PDF] Indian Country Investigations and Prosecutions
“Declinations,” as discussed above, are matters in which a USAO declines to pursue criminal charges. An immediate declination occurs when a referral to a USAO ...
[79]
Criminal justice in Indian country: Examining declination rates of ...
Dec 9, 2021 · This study examines how US Attorney Offices (USAO) use their declination powers in Indian country (IC) cases, compared to non-IC cases.
[80]
[PDF] MAZE OF INJUSTICE - Amnesty International USA
Sexual violence as a tool of conquest. “Sexual assault rates and violence against Native American women did not just drop from the sky. They are a process of ...
[81]
[PDF] An Analysis of Sexual Violence in Indian Country and the ...
Apr 4, 2018 · Few cases of sexual assault in Indian country make it to the ... incredibly high rates of crime, gang activity, and sexual violence.
[82]
[PDF] An Analysis of the Negative Impact Oklahoma v. Castro-Huerta Will ...
Apr 24, 2024 · Part VI will assess the possible impact the ruling in Castro-Huerta will have on substance use and domestic violence related crimes among ...
[83]
US Attorney Declination Rates of Tribal Cases: Resources Matter!
May 27, 2025 · Specifically, as JAG funding (per capita) rises from its minimum to maximum value, the declination rate drops from 40.16% to 21.36% ( = −18.81%) ...Missing: referrals | Show results with:referrals
[84]
Two Is Not Always Better than One: Concurrent Criminal Jurisdiction ...
Apr 26, 2024 · Generally, the consensus from tribal leaders is that Castro-Huerta is an unwarranted attack on tribal sovereignty that will inhibit the ...
[85]
Supreme Court Ruling Flouts Tribal Sovereignty - ACLU of Montana
Jul 12, 2022 · The Castro-Huerta ruling allows states to gain criminal jurisdiction in Indian Country, contradicting previous rulings and flouting tribal ...<|control11|><|separator|>
[86]
Court says states can try some tribal crimes; critics call it a 'disaster'
Jun 29, 2022 · A divided Supreme Court ruled Wednesday that states can prosecute non-Natives for crimes against Native people on tribal lands.
[87]
Criminal justice in Indian country: Examining declination rates of ...
Objective This study examines how U.S. Attorney Offices (USAO) use their declination powers in Indian country (IC) cases, compared to non‐IC cases.Missing: referrals | Show results with:referrals
[88]
[PDF] Passing the Buck: The Perils of Oklahoma v Castro-Huerta
Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involv- ing Indians committed in Indian country. Castro-Huerta created a concur-.