Is the Court of Indian Offenses of Ute Mountain Ute Agency a Federal Agency for Purposes of the Fifth Amendment’s Double Jeopardy Clause? (Denezpi v. United States, Docket 20-7622)
This case examines the application of the U.S. Constitution’s Double Jeopardy Clause, sits within the intersection of tribal courts, federal Indian law, and federal criminal law and jurisdiction. Essentially, the question is whether a Native American Indian can be punished twice for the same conduct—first in tribal court and a second time in federal court.
New York Times v. Sullivan Transformed American Defamation Law From Thumper’s Rule to Incented Obloquy
This essay argues that the New York Times actual malice standard is a fundamentally flawed and unnecessary rule that has had untoward unintended consequences for our public discourse.
ALI-Convened Group Issues Proposals for Electoral Count Act Reform
At the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views came together to consider possible Electoral Count Act reforms.
U.S. Supreme Court to Hear Andy Warhol Copyright Dispute
The U.S. Supreme Court will consider what it means for a work of art to be “transformative” for purposes of fair use under the Copyright Act.
One Buffalo in Texas: Legal and Ethical Issues in Native American Gaming Operations
This article examines the history of the tribes in Texas, the litigation between the tribes and the state, and the legislative efforts which have attempted to rectify the exclusion of the tribes from the Indian Gaming Regulatory Agency.
Children’s Digital Privacy and the Case Against Parental Consent
As companies rely on the verifiable parental consent required by the Children’s Online Privacy Protection Act to collect and use minors’ data, reviewing boilerplate waivers of liability and consent forms for children’s online activities have thus become part of parenting.