Does President Trump Control Head-of-State Immunity Determinations in US Courts?

Here is how foreign official immunity works. In the United States, the immunity of foreign states from suit in both state and federal court is governed by a federal statute, the Foreign Sovereign Immunities Act (FSIA). But the Supreme Court has held that the FSIA does not apply to claims against individual foreign officials…

Continue Reading

Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes in Soaring Eagle Casino and Resort v. National Labor Relations Board

On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute, should not apply to Indian tribes. However, by a 2-1 vote, the court held that the NLRA would apply to the tribally-owned and operated casino by the Saginaw Chippewa Tribal Nation on reservation land.

Continue Reading