Date of Publication:
Ellen S. Podgor, The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System, 93 The Florida Bar Journal 9 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 22 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
Grant Christensen, The Extraterritorial Reach of Tribal Court Criminal Jurisdiction, 46 Hastings Const. L.Q. 293 (2019)Clicking on the button will copy the full recommended citation.
Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court accepts an average of almost three Indian law cases a year and has decided more than twenty Indian law cases with a jurisdictional focus since 1978. As tribes become wealthier, they are increasingly acquiring new lands outside of their existing reservations. This expansion of territory generates new border zones where state and tribal interests converge. The Sixth Circuit recently decided the first federal appellate case dealing with the inherent criminal powers of tribal court jurisdiction over the conduct of Indians on tribal land that is located outside of the tribe’s reservation. The unanimous decision of the Sixth Circuit panel upheld the tribe’s inherent right to extraterritorial criminal jurisdiction, but read into the opinion some limiting caveats that originate from civil, and not criminal, jurisdictional principles. This paper reads the Sixth Circuit’s decision in Kelsey v. Pope as the first in what is surely to be a myriad of conflicts over the extraterritorial jurisdiction of tribal courts. It suggests that while the Sixth Circuit’s approach to tribal sovereignty is generally in keeping with Supreme Court precedent, the court erred by conflating criminal with civil authority and thus over limited its discussion of the inherent powers of tribal courts. Instead the paper suggests that a more consistent reading of the inherent extraterritorial criminal powers of Indian tribes should support jurisdiction over both tribal members and tribal territory unless Congress has expressly circumscribed tribal authority. This broader understanding of extraterritorial jurisdiction is not only simpler to apply, but finds better support in Supreme Court precedent than the convoluted reasoning adopted by the Sixth Circuit.
Date of Publication:
Luz Estella Nagle, Trans-border Labor Trafficking and Forced Servitude in Marijuana Growing Operations, 35 Int'l Enforcement L. Reporter 400 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
Roberta Flowers, The Whole is More than the Sum of Its Parts: Holistic Elder and Special Needs Law Practice in the Real World, 14 NAELA Journal 91 (2018)Clicking on the button will copy the full recommended citation.
Date of Publication:
Roberta Flowers et al., Aspirational Standards for the Practice of Elder and Special Needs Law with Commentaries: Second Edition, April 24, 2017, 14 NAELA Journal 1 (2018)Clicking on the button will copy the full recommended citation.
Date of Publication:
Roberta Flowers, The Aspirations Standards: Only Getting Better with Age, 14 NAELA Journal ix (2018)Clicking on the button will copy the full recommended citation.
Date of Publication:
Andrew D. Appleby, Substantive Enforcement Jurisdiction in a Post-Wayfair World, 90 Tax Analysts: State Tax Notes 4 (2018)Clicking on the button will copy the full recommended citation.
This article examines the Wayfair case through the lens of substantive and enforcement jurisdiction and focuses on the question of whether there is a constitutionally required relationship between the nexus of the person that the state seeks to enlist as the tax collector and the underlying activity that the state is taxing.
Date of Publication:
Luz Estella Nagle, Pirates Plundering World War II Shipwrecks for High Tech Demand, 34 Int'l Enforcement L. Reporter 498 (2018)Clicking on the button will copy the full recommended citation.
Date of Publication:
Jennifer B. Alewine et al., Administrative Law, 70 Mercer L. Rev. 1 (2018)Clicking on the button will copy the full recommended citation.
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2017 through May 31, 2018, in which principles of administrative law were a central focus of the case. Exhaustion of administrative remedies will be the first topic discussed, followed by review of decisions by administrative agencies, then on to scope of authority, with statutory construction to follow. The Article will conclude with standard of review.