Jennifer Morinigo Posts

Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions

Based on Tribes’ input, this Report articulates a set of principles that should inform agency practices in the realm of infrastructure. Among other things, this includes appropriate staffing, training, and resource allocations, as well as guidance as to how Tribal interests should be incorporated into agency decision-making processes in both formal and informal ways. These recommendations should help agencies fulfill their dual responsibilities of complying with applicable treaty and trust responsibilities and ensuring a smooth runway for infrastructure investments.

Duty to Make Reasonable Settlement Decisions

The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.

Parole-Release Authority

This post on parole release authority shares a study by Reporter Kevin Reitz, which appeared in the 2011 Tentative Draft No. 2, as well as black letter from the most recent draft of the Sentencing project, Council Draft No. 6.