Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit.
Questions have been raised in recent meetings of our Advisers and Members Consultative Groups, particularly in connection with our newly launched Restatement of Copyright, about what role our Restatements can play in areas in which there is a comprehensive federal statute.
Democrats in the U.S. Senate introduced Wednesday a proposed Consumer Privacy Protection Act that among other aims would penalize companies if they do not notify consumers promptly of breaches in their payment card systems and other databases storing sensitive information.
A state law that went into effect this year makes juveniles given life sentences eligible for parole after serving 25 years and meeting certain educational requirements. In extreme cases however, district attorneys can block access parole during a new sentencing hearing if the juvenile lifer is considered the “worst of the worst” and unable to be rehabilitated.
The Northwestern District Attorney is working to reform juvenile court in Massachusetts by lobbying the State House to include 18-year-olds in its system.
In the case, S.S. v Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute.
The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of Native American children in foster and adoptive homes, is unconstitutional.