There’s a widespread notion that “tribal sovereignty” and “Indian treaties” are legal, historical, practical and correct terms. Actually, sovereignty is sovereignty, and treaties are treaties, nation to nation is between and among sovereigns; the use of “tribal” or “Indian” or any modifier is both misleading and belittling.
One of the most remarkable stories in criminal law is the recent rise of corporate prosecutions across the world. In the past, even in countries that permitted corporations to be prosecuted for crimes, such prosecutions were not a common practice and any fines were minimal.
Do you believe in second chances? To be more specific do you believe in second chances for convicted felons, even those sentenced to life in prison or life without the possibility of parole?
Last Friday, in an anticipated decision, the U.S. Court of Appeals for the Federal Circuit decided a controversial case regarding the St. Regis Mohawk’s ability assert sovereign immunity in inter partes review proceedings. The Federal Circuit held that tribal sovereign immunity cannot be asserted in inter partes review proceedings.
All three branches of the federal government had a busy spring. The U.S. Supreme Court just completed its 2017 term in June with a full-strength bench after spending much of the previous term with only eight justices after the death of Justice Antonin Scalia in February 2016. The vacancy during the 2016 term was prolonged when the Senate refused to consider President Obama’s nominee to replace Justice Scalia before the 2016 elections.
On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the insurance contract rather than the location of the underlying claims.