Law Commons^™

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Assessing The International Criminal Court, Beth A. Simmons, Mitchell Radtke, Hyeran Jo

All Faculty Scholarship

One of the most important issues surrounding international courts is whether they can further the dual causes of peace and justice. None has been more ambitious in this regard than the International Criminal Court (ICC). And yet the ICC has been the object of a good deal of criticism. Some people claim it has been an expensive use of resources that might have been directed to other purposes. Others claim that its accomplishments are meager because it has managed to try and convict so few people. And many commentators and researchers claim that the Court faces an inherent tension between …

The Mexican Kidnapping Industry: Does Federalism Hold The Government Hostage In Its Efforts To Combat Such Criminality?, Charles B. Bowers

Charles Bowers

No abstract provided.

The Domestic Influence Of International Criminal Tribunals: The International Criminal Tribunal For The Former Yugoslavia And The Creation Of The State Court Of Bosnia & Herzegovina, William W. Burke-White

All Faculty Scholarship

International criminal tribunals are often criticized for having minimal influence on the states over which they exercise jurisdiction. This article argues that the International Criminal Tribunal for the Former Yugoslavia has had a far more positive impact on domestic governance in Bosnia & Herzegovina than previously assumed by both the academic and policy communities. The article develops a theoretical model to explain the impact of international criminal tribunals on domestic governance and tests that model against the ICTY¹s influence in Bosnia. More specifically, the article advances the claim that the nature of the tribunal¹s jurisdictional relationship with domestic judicial institutions …

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …

Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle

Eric A. Engle

Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

Articles

This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

The Economics Of Private Law Harmonization, John Linarelli

Scholarly Works

No abstract provided.

Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …

Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota

US Government Documents related to Indigenous Nations

This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

All Faculty Scholarship

No abstract provided.

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler

All Faculty Scholarship

No abstract provided.

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

Three Affiliated Tribes V. Wold Engineering (1984), United States Supreme Court, Harry Blackmun

US Government Documents related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The North Dakota courts held that the tribes would have to give up tribal sovereignty if they wanted to try …

Bryan V. Itasca County, Us Supreme Court, William J. Brennan

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, decided June 14, 1976, provided clarity on the jurisdiction granted by US Public Law 280 in regard to taxation of the personal property of reservation Indians. In 1972, petitioner Russell Bryan, enrolled member of the Minnesota Chippewa Tribe residing on the Leech Lake Reservation in Minnesota, received a notice of taxation on his home from Itasca County, Minnesota. Bryan filed suit to Minnesota district court which ruled in favor of Itasca County. Although US Public Law 280 does not specifically address taxation, the district court based its decision on US Public Law 280, …

The Turkish Aid Ban: Review And Assessment, A. A. Fatouros

Articles by Maurer Faculty

In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …

Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

An Act To Confer Jurisdiction On The States Of California, Minnesota, Nebraska, Oregon, And Wisconsin, With Respect To Criminal Offenses And Civil Causes Of Action Committed Or Arising On Indian Reservations Within Such States, And For Other Purposes, United States Congress

US Government Documents related to Indigenous Nations

This act, dated August 15, 1953, also knows as United States Public Law 83-280, confers jurisdiction on the States of California, Minnesota, Nebraska, Oregon, and Wisconsin, with respect to criminal offenses and civil causes of action committed or arising on Indian reservations within such States, and for other purposes, except where noted.

This act also gives the consent of the United States to the people of any State "to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the …

When Is A Political Question Justiciable?, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.