From "Dust Mites" to the Digital Age: Making Constitutional Historical Sources Available to the Legal Community
For those that are interested in the history of the Constitution and issues of original meaning, a Supreme Court case worth following is NLRB v. Canning. The case was brought by a Washington state company that appealed a decision of a panel the National Labor Relations Board (NLRB). Two of the three members of the NLRB panel at the time of the decision were appointed by President Obama during a Senate recess in 2012. The company has argued that the NLRB decision is invalid because the recess appointments were unconstitutional. Attorneys on both sides of the issue have focused on the historical meaning of the recess appointments clause in Article II, Section 2, which gives the president "power to fill up all Vacancies that may happen during the Recess of the Senate."
A recent article in the National Law Journal focused on the efforts of the attorneys on both sides of the case to obtain historical documents to assist them in determining what was originally intended by the recess appointments clause. Text from the article is also available here from the Constitutional Accountability Center. Specifically, the attorneys utilized the help of a digital library project called ConSource (The Constitutional Sources Project), which has been digitizing many of the historical documents that are relevant to the Canning case, such as letters written by Attorney General Edmund Randolph in the 1790s which discuss the recess power. Making the documents accessible digitally allows for greater access outside the "dusty" corners of archives and also makes the documents searchable. Click here for more information about ConSource.
For further reading on Constitutional history and issues of original meaning, consider some of the Law Library's titles, including:
Posted at 09:31AM Dec 06, 2013 by Sarah Kammer in Legal News |
Tribal Sovereign Immunity Case Pending Before the Supreme Court
The Prairie Law Blog recently posted an update to the "Baby Veronica" case regarding the claims of the child's adoptive parents to collect attorneys' fees from the birth father and the Cherokee Nation, and the arguments of the Cherokee Nation that tribal sovereign immunity bars their claim for fees. The post is available both here and here.
Tribal sovereign immunity is also at issue in the pending U.S. Supreme Court case, Michigan v. Bay Mills Indian Community, in which oral arguments were just heard on Dec. 2. (A transcript of the oral arguments is available here.) The case involves a gaming facility operated by the Bay Mills Indian Community (Bay Mills) near its reservation in Northern Michigan and in close proximity to another facility operated by the Little Traverse Bay Bands of Odawa Indians (LTBBO). The LTBBO and the State of Michigan sought to enjoin operation of the facility, as Bay Mills had not followed the formal process of first placing the off-reservation lands into trust. While the U.S. Court of Appeals for the Sixth Circuit ruled in favor of Bay Mills and continued operation of the facility, the case was successfully brought to the U.S. Supreme Court by the State of Michigan. Indian Country Today has published several articles regarding this case, including a two-part series by Ryan Seelau and Ian Record which contains a detailed analysis of the legal issues presented as well as four speculated possible outcomes of the case. Those two articles are available here and here.
According to Seelau and Record, Bay Mills' defense rests on complex issues involving jurisdiction, tribal sovereign immunity and the Indian Gaming Regulatory Act (IGRA). When the Supreme Court issues its decision, it will have a great impact on the tribal sovereign immunity doctrine. Due to the far-reaching implications of the case, Seelau and Record offer suggestions on how tribes can begin preparing now for possible outcomes.
In addition to the law library's resources on tribal sovereign immunity, the law library also has several resources which focus on the Indian Gaming Regulatory Act and gaming policy:
Posted at 05:34PM Dec 05, 2013 by Sarah Kammer in Legal News |
International Human Rights Day
December 10, 2013 is International Human Rights Day. This day is observed to mark the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly on December 10, 1948. The year 2013 marks 20 years since the creation of the United Nations Office of the High Commissioner for Human Rights and the Vienna World Conference of Human Rights. Accordingly, this year's theme is "20 Years Working For Your Rights." For more information on this year's commemoration of International Human Rights Day, see the UN's Human Rights Day webpage. The UN site also provides a timeline of achievements in human rights that have occurred in the last 20 years. To learn more about the origins and history of Human Rights Day, information is available here from the Library of Congress.Please also take a moment to visit the Law Library's current display which features materials from our collection concerning international human rights, including the 2nd edition of Professor Jo Pasqualucci's book, The Practice and Procedure of the Inter-American Court of Human Rights (2012).
Posted at 05:20PM Dec 05, 2013 by Sarah Kammer in Displays and Observances |
National Pearl Harbor Remembrance Day and World War II Valor in the Pacific National Monument
On December 7, 1941, Japanese military planes attacked the United States Naval Base at Pearl Harbor, on the Hawaiian Island of Oahu. The attack killed more than 2,000 American military personnel and many civilians. This Saturday, December 7, 2013, is National Pearl Harbor Remembrance Day pursuant to 36 U.S.C. §129. This statute requests that the President issue a proclamation asking the people of the United States to observe this day with ceremonies and activities, and United States governmental units and others to fly the United States flag at halfstaff in honor of those who died as a result of their service at Pearl Harbor. In Yankton, the Elks Lodge will hold a "Remembering Pearl Harbor" event on Saturday evening, with a presentation of "The Sleeping Giant Awakens" by University of South Dakota Law School Professor Roger Baron.
To coincide with the recognition of Pearl Harbor Remembrance Day in 2008, President George W. Bush issued a proclamation establishing the World War II Valor in the Pacific National Monument pursuant to his authority under 16 U.S.C. §431 (the "Antiquities Act"). This Monument encompasses nine historic sites in three states. Five of the sites are in Pearl Harbor, including the USS ARIZONA Memorial and Visitor Center, the USS UTAH Memorial, the USS OKLAHOMA Memorial, the six Chief Petty Officer Bungalows on Ford Island, and mooring quays F6, F7, and F8 which constituted part of Battleship Row. Three sites are in Alaska's Aleutian Islands, including the crash sites of a Consolidated B-24D Liberator bomber on Atka Island, the site of Japan's occupation on Kiska Island, and the Attu Island battle ground. The ninth site is the Japanese-American internment camp at Tule Lake in California.
Posted at 11:49AM Dec 05, 2013 by Marsha Stacey in Displays and Observances |
Free Coffee During Finals
Studying for law school exams and in need of a little caffeine boost? The law school and law library are offering free coffee during finals from 8:00 a.m. to 4:00 p.m. The coffee is available at the Circulation/Reference Desk in the law library. Please come and help yourself. However, the library staff asks that you please be careful with open coffee containers in the library.
Posted at 09:41AM Dec 02, 2013 by Sarah Kammer in Events |
The Prairie Law Blog is Moving!
The Prairie Law Blog is in the process of migrating to a new website. Please visit our new site at http://prairielb.blogspot.com/. For the time being, we will be duplicating our new posts both here and on the new site, but please take a moment to bookmark our new location.
Posted at 08:06AM Dec 02, 2013 by Sarah Kammer in General |
Continuing Disputes in "Baby Veronica" Case
The Prairie Law Blog has been posting frequent updates regarding the case of "Baby Veronica", an adoption and custody case involving the Indian Child Welfare Act (ICWA). The case ultimately resulted in the child returning to South Carolina with the adoptive parents, as opposed to remaining with the child's birth father, a resident of Oklahoma and a member of the Cherokee Nation.
Shortly after the resolution of the custody matter in September, the adoptive parents filed proceedings to recoup their attorney fees, both in South Carolina and Oklahoma. In Oklahoma, the couple is seeking over $1 million in fees from both the birth father and the Cherokee Nation. See an article here from the Tulsa World regarding the proceedings.
Yesterday, it was reported that the Cherokee Nation has filed court papers arguing that sovereign immunity protects it from the efforts of the adoptive parents to collect the fees. For more information, see this article from the ABA Journal.
For more information on tribal sovereign immunity, consider Cohen's Handbook of Federal Indian Law or the American Indian Law Deskbook, which both offer sections on the topic and provide a general overview. Both of these titles are available in the Library's Reserve Room.
For more information on attorneys' fees and attorney fee disputes, consider Attorneys' Fees by Robert L. Rossi, available in the classified collection on the lower level of the library.
Posted at 03:22PM Nov 26, 2013 by Sarah Kammer in Legal News |
Library Hours - Thanksgiving Holiday
The McKusick Law Library will be open to the public until 5 p.m. on Wednesday, November 27. The Reserve Room and Reference/Circulation Desk will be available to students and faculty until 6 p.m. on Nov. 27. The library will be closed on Thursday, Nov. 28 and Friday, Nov. 29, as well as Saturday, Nov. 30 and Sunday, Dec. 1. We will resume normal hours on Monday, December 2. Law Students and Law Faculty may access the Law Library using their University IDs anytime throughout the November 27 - December 1 break.
Posted at 03:06PM Nov 26, 2013 by Sarah Kammer in Hours |
Remembering 50 Years Since the Assassination of JFK
November 22 marked fifty years since the day President John F. Kennedy, Jr. was assassinated in Dallas, TX. The law library is currently featuring a display which offers some well-known resources related to the Kennedy assassination, including the Report of the Warren Commission and hearing testimony before the Commission. Information is also included on how to access these resources on HeinOnline. FDsys is also currently offering a PDF version of the Warren Commission Report directly from its homepage.
The display also features several print titles related to the assassination of President Kennedy, including the following:
Posted at 10:10AM Nov 26, 2013 by Sarah Kammer in Displays and Observances |
More Google News: Google Reaches Settlement with 37 States, Including SD, on Privacy Issue
On Tuesday, it was announced that Google had reached a $17 million settlement with the attorneys general of 37 states (and the District of Columbia) regarding privacy settings on the Safari browser. South Dakota was one of the 37 states included in the settlement and will receive almost $225,000.00 in addition to injunctive relief.
According to a summary from the Electronic Privacy Information Center, the attorneys general had alleged that "Google violated state consumer protection and privacy law by placing advertising tracking cookies on Safari browsers despite telling users that it would honor the default Safari privacy settings, which prevented the placement of such cookies."
For more information on the settlement and response from South Dakota Attorney General Marty Jackley, see the recent press release from the Attorney General's office.
A copy of the settlement is available here, which provides references to the states' consumer protection/computer abuse statutes.
For further reading on internet privacy and consumer protection, consider one of the following library titles:
Posted at 09:31AM Nov 22, 2013 by Sarah Kammer in Legal News |