Overlawyered » Indian tribes http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Oglala Sioux tribe sues beer companies over alcoholism http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/ http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/#comments Fri, 10 Feb 2012 05:07:43 +0000 Walter Olson http://overlawyered.com/?p=27507 “An American Indian tribe sued some of the world’s largest beer makers today, claiming they knowingly contributed to devastating alcohol-related problems on South Dakota’s Pine Ridge Indian Reservation.” The Oglala Sioux tribe is asking for $500 million. [AP; Lincoln Journal-Star; Don Surber] More: Jacob Sullum, Ted Frank.

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]]> http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/feed/ 18 “And you thought you billed a lot of hours…” http://overlawyered.com/2011/04/and-you-thought-you-billed-a-lot-of-hours/ http://overlawyered.com/2011/04/and-you-thought-you-billed-a-lot-of-hours/#comments Thu, 21 Apr 2011 14:58:34 +0000 Walter Olson http://overlawyered.com/?p=22644 Ted Frank, who’s challenging the Cobell (Indian trust) class action fees as part of his work with the Center for Class Action Fairness, catches out a lawyer who claims to have worked for more than nine hours a day on the case for 14 years, including a 7-year stretch in which he purportedly worked “an average of eleven hours a day, every day seven days a week without a single day off.” [Above the Law, earlier]

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]]> http://overlawyered.com/2011/04/and-you-thought-you-billed-a-lot-of-hours/feed/ 5 International human rights law roundup http://overlawyered.com/2011/03/international-human-rights-law-roundup/ http://overlawyered.com/2011/03/international-human-rights-law-roundup/#comments Tue, 22 Mar 2011 13:52:21 +0000 Walter Olson http://overlawyered.com/?p=21735 Recent clips on a subject treated in much more detail in Schools for Misrule:

  • Claim: Wisconsin Gov. Walker’s reforms to public sector labor law violate international human rights [HRW, Mirer/Cohn, FoxBusiness (views of Marquette lawprof Paul Secunda)] Related: UAW threatens charges against automakers [ShopFloor]
  • Per some advocates, “right to health” has emerged as an “established international legal precept” even if it is “still to be fully embraced in the United States” [Friedman/Adashi, JAMA]
  • GWB at risk of arrest if he visits Europe? Or are some of his enemies just posturing? “Bush trip to Switzerland called off amid threats of protests, legal action” [Atlantic Wire, WaPo, Daily Dish and more, Frum Forum, more and yet more]
  • Oh, good grief: Tennessee solon “proposes law to make following Shariah law a felony” [Tennesseean] More states prepare to join unsound “ban all recogition of international law” movement [Ku, OJ] Background: Volokh.
  • For those interested in the Declaration on the Rights of Indigenous Peoples recently given a favorable nod by the Obama administration, a copy of the text is available here [CWB]
  • “Conceptualizing Accountability in International Law and Institutions” [Anderson, OJ]
  • Human rights initiative in UK: “Rapists and killers demand right to benefits” [Telegraph] European Court of Human Rights, Human Rights Acts “merely pretexts for judicial activism, argues Alasdair Palmer” [Telegraph]
  • Claim: U.S. is odd-country-out in international law. Reality check please [Bradford, Posner et al, OJ]
  • Opponents charge trying Pennsylvania 13 year old for murder as adult could violate international law [AI]
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]]> http://overlawyered.com/2011/03/international-human-rights-law-roundup/feed/ 2 Flak for Cobell fees, cont’d http://overlawyered.com/2011/02/flak-for-cobell-fees-contd/ http://overlawyered.com/2011/02/flak-for-cobell-fees-contd/#comments Mon, 28 Feb 2011 05:21:23 +0000 Walter Olson http://overlawyered.com/?p=21714 Criticism continues to mount (”shameful,” “excessive”) over lawyers’ effort to nab $223 million in fees for representing Indian tribes’ interest in the long-running Cobell litigation over management of trust funds. [BLT (quoting former Sen. Byron Dorgan, D-N.D.), and more (DoJ); PoL; earlier here and here (Kilpatrick Stockton lawyer Keith Harper considered for Tenth Circuit appointment)]

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]]> http://overlawyered.com/2011/02/flak-for-cobell-fees-contd/feed/ 1 “I’m not embarrassed at all by the fee” http://overlawyered.com/2011/02/im-not-embarrassed-at-all-by-the-fee/ http://overlawyered.com/2011/02/im-not-embarrassed-at-all-by-the-fee/#comments Thu, 03 Feb 2011 14:49:22 +0000 Walter Olson http://overlawyered.com/?p=21291 Plaintiff’s lawyers agreed to seek a maximum of $99.9 million in fees in the settlement of the Cobell class action over federal mismanagement of Indian tribal trust funds. Now, however, a different number has suddenly appeared on the agenda: $223 million. [National Law Journal]

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]]> http://overlawyered.com/2011/02/im-not-embarrassed-at-all-by-the-fee/feed/ 2 Don’t deprive archaeologists… http://overlawyered.com/2010/12/dont-deprive-archaeologists/ http://overlawyered.com/2010/12/dont-deprive-archaeologists/#comments Tue, 21 Dec 2010 18:04:54 +0000 Walter Olson http://overlawyered.com/?p=20722 …of access to tribally unaffiliated Indian antiquities and remains, now endangered by new regulations from the Department of the Interior [Robert L. Kelly, New York Times] Earlier on the Native American Graves Protection and Repatriation Act (NAGPRA) and Kennewick Man controversy here, here, etc.

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]]> http://overlawyered.com/2010/12/dont-deprive-archaeologists/feed/ 3 December 4 roundup http://overlawyered.com/2010/12/december-4-roundup-2/ http://overlawyered.com/2010/12/december-4-roundup-2/#comments Sat, 04 Dec 2010 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=20476
  • Will they get group discounts on lawyers? Groupon vs. MobGob patent brawl [TechCrunch]
  • Why American courts should sometimes recognize Islamic law [series of Eugene Volokh posts]
  • No, it’s not a “public health issue”: “The Case Against Motorcycle Helmet Laws” [Steve Chapman, syndicated/RCP]
  • Failed system of justice on some Indian reservations [McClelland, Mother Jones]
  • Ten years ago: Morgan Lewis & Bockius handed mlb.com domain over to its client Major League Baseball [Ross Davies, SSRN]
  • City of Boston adds insult to injury after employee runs into building [TJIC, Popehat]
  • Citing fans’ drug use, feds seek forfeiture of farm used for Grateful Dead tribute concerts [Greenfield]
  • Johann Sebastian Bach, serial copyright violator [Cavanaugh, Reason]
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    ]]>     http://overlawyered.com/2010/12/december-4-roundup-2/feed/ 0     September 24 roundup http://overlawyered.com/2010/09/september-24-roundup-2/ http://overlawyered.com/2010/09/september-24-roundup-2/#comments Fri, 24 Sep 2010 14:38:05 +0000 Walter Olson http://overlawyered.com/?p=19384
  • “Appeals court dismisses Oneida Indians’ 40-year-old land claim” [Syracuse Post-Standard; Howard Bashman links to more coverage including opinion; much more on the case in my forthcoming book]
  • When blogging, careful about using the sort of hypotheticals common in law school discussion [Kerr]
  • Beacon, N.Y.: Retro Arcade Museum falls victim to retro town ordinance banning pinball [NYT]
  • Prosecutor suspended from law practice over misconduct, which almost never happens [Greenfield]
  • George Mason U. Law & Econ Center unveils new website;
  • On Polinsky and Shavell’s “The Uneasy Case for Product Liability” [Beck, Drug & Device Law]
  • What did other defendants pay? “Company wants look at asbestos bankruptcy trust payments” [LNL, Maryland]
  • Measuring tape? The many items you’re not allowed to bring into Detroit’s City Hall [Amy Alkon]
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    ]]>     http://overlawyered.com/2010/09/september-24-roundup-2/feed/ 0     Mauch Chunk once more? http://overlawyered.com/2010/08/mauch-chunk-once-more/ http://overlawyered.com/2010/08/mauch-chunk-once-more/#comments Wed, 04 Aug 2010 13:17:07 +0000 Walter Olson http://overlawyered.com/?p=18743 The historic town of Mauch Chunk, Pa. changed its name to Jim Thorpe, Pa. as part of a deal to honor the Native American-descended athlete. Now a lawsuit is invoking the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) to demand removal of Thorpe’s remains to Oklahoma [Never Yet Melted]

    Meanwhile, scientists, universities and museums are considering their legal options in the face of new Interior Department interpretations of NAGPRA mandating “that after appropriate tribal consultation, transfer of culturally unidentifiable remains is to be made to a tribe from whose tribal or aboriginal lands the remains were excavated or removed.” [Indian Country Today, April; earlier posts on Kennewick Man controversy]

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    ]]>     http://overlawyered.com/2010/08/mauch-chunk-once-more/feed/ 0     Delegate to Durban conference up for 10th Circuit nod http://overlawyered.com/2010/07/delegate-to-durban-conference-up-for-10th-circuit-nod/ http://overlawyered.com/2010/07/delegate-to-durban-conference-up-for-10th-circuit-nod/#comments Sun, 25 Jul 2010 11:32:27 +0000 Walter Olson http://overlawyered.com/?p=18523 Keith Harper, now with Kilpatrick Stockton, is a longtime Native American Rights Fund attorney and class counsel in the gigantic Indian trust fund litigation, Cobell. Some critics focus on his prospective appointment for an “Oklahoma seat” on the court, others are not happy with developments in Cobell. [Tulsa World, Kimberly Craven/Billings Gazette]

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