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Articles 1 - 10 of 10
Full-Text Articles in Law
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
American Indian Law Journal
There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Seattle University Law Review
In his law review article, Professor Henry Hart responded to the questions of whether Congress had unlimited control of federal jurisdiction and whether this control was consistent with other provisions in the Constitution. Though Professor Hart's article has been widely debated, his overarching thesis is generally accepted: Congress' power to restrict Supreme Court jurisdiction is bound by the requirement that the Court's “essential functions” may not be trammeled, but Congress' power to restrict lower federal court jurisdiction is broad. This Comment will build on Professor Hart's thesis, arguing that the essential functions of the federal judiciary are broader than what …
Judicial Abstinence: Ninth Circuit Jurisdictional Celibacy For Claims Brought Under The Federal Declaratory Judgment Act, Steven Plitt, Joshua D. Rogers
Judicial Abstinence: Ninth Circuit Jurisdictional Celibacy For Claims Brought Under The Federal Declaratory Judgment Act, Steven Plitt, Joshua D. Rogers
Seattle University Law Review
This Article focuses upon abstention in the context of the Federal Declaratory Judgment Act ("FDJA"). Part I will discuss the various forms of abstention and the historical progression and development of the abstention doctrine in federal case law, setting the background for the expansive holding in Huth v. Hartford Insurance Company of the Midwest. Part II of the article will discuss the procedural history of Huth and the respective rulings of the district court and the Ninth Circuit Court of Appeals as it relates to their application of the abstention doctrine. Part III will then analyze the numerous, and potentially …
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Seattle University Law Review
This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Seattle University Law Review
In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Seattle University Law Review
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Seattle University Law Review
Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Seattle University Law Review
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …