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The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country

Dylan Hedden-Nicely | January 6, 2023 | American Indian Law

Below is the abstract for “The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country,” available for download on SSRN. For over two hundred years the “whole course of judicial decision” in the United States has...

Argument Analysis: Justices Grapple With Preclusion and “Occupation” in Crow Tribe Treaty Case

Gregory Ablavsky | January 10, 2019 | American Indian Law

On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering...

Courts Apply Updated Portions of Restatement Fourth U.S. Foreign Relations Law

Pauline Toboulidis | November 1, 2018 | U.S. Foreign Relations Law

Courts across the country have already begun citing to the Restatement Fourth’s Tentative Drafts on Jurisdiction, Sovereign Immunity, and Treaties. These three portions of Restatement of the Law Fourth, The Foreign Relations Law of the United States, were completed...

N.J. Legislation Follows Foreign Relations Law Restatement on Judgments

Jennifer Morinigo | March 1, 2018 | U.S. Foreign Relations Law

Signed into law in January, the new law relates to foreign judgments (except for taxes, fines, or domestic relations) and protects against monetary judgments entered in nations whose courts fail to provide due process. From the New Jersey Law Revision Commission’s...

U.S. Foreign Relations Law, Sovereign Immunity Approved

Jennifer Morinigo | May 22, 2017 | U.S. Foreign Relations Law

At ALI’s Annual Meeting on Monday, May 22, members voted to approve the drafts for the Jurisdiction, Sovereign Immunity, and Treaties portions of the Foreign Relations Law Restatement.*  This completes these three portions of the project. New content reviewed and...
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