Supreme Court

Court will assess double-jeopardy claim with implications for tribal sovereignty

Court will assess double-jeopardy claim with implications for tribal sovereignty

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Crimes against indigenous women are the subject of increasing public concern and awareness. Government officials – tribal, federal, and state – have established initiatives to address the disturbingly disproportionate rates of violent crimes perpetrated against indigenous women. The tools these governments have at their disposal are often limited by a criminal justice system and jurisdictional framework in Indian Country that is complex and historically unresponsive to the needs of Indian people. Because federal statutes and court decisions have limited … Read the rest

Civil Law

The “Texas Two-Step” Firestorm: This Is No Dance!

In recent weeks, a move dubbed the “Texas Two-Step” has leaped from coverage first in publications geared only for the professional restructuring community, then to the mainstream press, then to hearings before the United States Senate Judiciary Committee, and now to a full-blown trial ongoing in a New Jersey bankruptcy court.  For those not closely following the action (perhaps thinking this was merely some new dance craze), a brief explanation of the Texas Two-Step strategy, the arguments for and against … Read the rest

Supreme Court

Sovereign immunity and defective indictments

Sovereign immunity and defective indictments

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Turkey is immune from suit from protesters injured by security forces at its ambassador’s residence, and whether a defective indictment for a federal gun crime was harmless or structural error.

Turkey claims immunity over May 2017 security altercation with protesters 

Republic of Turkey v. Usoyan raises a question under the Foreign Sovereign Immunities Act in a case following a violent clash … Read the rest

Civil Law

Catfish from Vietnam recalled for lack of reinspection

Corfu Foods Inc. of Bensenville, IL, is recalling 6,570 pounds of swai, also known as catfish, imported from Vietnam that was not presented for import reinspection into the United States, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

“The problem was discovered when a company notified FSIS that they received and further distributed imported product without verifying that the product was presented for FSIS import reinspection,” according to the recall notice posted by the FSIS.… Read the rest

Supreme Court

Breyer speaks about his approach to judging and the value of diverse experience

Breyer speaks about his approach to judging and the value of diverse experience

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Sitting at the edge of his seat on stage at the Law Library of Congress Thursday afternoon, soon-to-be-retired Justice Stephen Breyer was exuberant and humble as ever about his work on the court. Jeffrey Minear, the counselor to Chief Justice John Roberts, spoke with Breyer about his tenure — and his books — for an annual lecture sponsored by the Supreme Court Fellows Program.

Minear began by asking about changes to the court since Breyer clerked for Justice Arthur … Read the rest