Posts Tagged ‘international human rights’

Iroquois “passports”

According to news reports in recent days, some members of Iroquois Indian tribes are claiming a right to travel internationally on tribal “passports”, and U.S. officials — including Secretary of State Hillary Clinton, at the request of upstate Rep. Louise Slaughter and other New York politicos — have leaned over backwards to let them do so. As I relate in my forthcoming book, some Indian tribes in the U.S. have been getting louder in asserting that they have the rights and perquisites of actual state sovereignty — something U.S. Supreme Court precedent makes very clear they do not have — and have been invoking international human rights law, and its precepts in defense of the rights of indigenous peoples, in support of those vain claims. That seems to be going on to some extent here too.

The State Department has long accepted some casual use of tribal “passports” given a number of tribes’ geographic sprawl across the U.S.-Canada border (where until recently the paperwork burdens for travelers were minimal anyway). If it is now beginning to play along with bogus assertions of a right to use Indian passports in travel around the world, that would be big news. Let’s hope that’s not what the new reports mean.

June 20 roundup

  • Happy Father’s Day! Wayne County Prosecutor Kym Worthy proposes criminal penalties for parents who skip parent-teacher conferences [WJBK via Welch, Reason]
  • Plaintiff’s bar takes to online marketing in big way, Boston’s Sokolove firm has 20-employee team [WSJ Law Blog]
  • Stuart Taylor, Jr., “The Myth of the Conservative Court” [The Atlantic]
  • Happy Father’s Day, cont’d: that “sex offender” neighbor could turn out to be this poor guy [Stephen Mason, Psychology Today via Alkon]
  • Libertarians debate anti-discrimination law [David Bernstein and others, Cato Unbound]
  • Despite trial lawyer lobbying push, Congress declines for now to create “aid and abet” securities-fraud liability [Bainbridge] “Overcriminalization in the Financial Reform Legislation” [David Rittgers, Cato]
  • As international “human rights” proliferate, they’re being applied for businesses’ benefit too, to some advocates’ displeasure [Bader, Examiner]
  • Happy Father’s Day, cont’d: Virginia Supreme Court rules child can sue dad after traffic collision for not strapping her properly into car seat [OnPoint News]

June 16 roundup

  • Shameless: House leadership exempts NRA lest it sink bill to regulate political speech [John Samples, Cato]
  • Employment law: “Arbitration Showdown Looms Between Congress, Supreme Court” [Coyle, NLJ]
  • “Wake Up, Fellow Law Professors, to the Casualties of Our Enterprise” [Tamanaha, Balkinization]
  • Move to allow international war crimes trials over “aggression,” a notoriously slippery term [Anderson, Brett Schaefer/NRO “Corner” via Ku]
  • Litigation slush funds: “Cy pres bill in Ohio House” [Ted Frank, CCAF]
  • “Recent Michigan Prosecutions for ‘Seducing an Unmarried Woman’” [Volokh]
  • Scalia: “…least analytically rigorous and hence most subjective of law-school subjects, legal ethics” [LEF]
  • Silicosis settlement scandal update: “As 2 Insurance Execs Admit Bribes, PI Lawyer Says He Can’t Be Retried” [Houston Chronicle via ABA Journal, earlier]

June 14 roundup

  • Study: Lawyers overestimate their chance of prevailing in litigation [Post, Volokh]
  • Novell court victory might spell end to SCO Linux-infringement claims [GrokLaw, earlier]
  • “Law firms violating copyrights?” [Mister Thorne]
  • Lawyers say New Jersey money-laundering statute “uniquely criminalizes the mere possession of U.S. currency” [NJLJ]
  • Ted Frank vs. critic on $28 million Sacramento nursing home award [PoL]
  • Advocates push “right to development” for developing countries [Kelly, Global Governance Watch]
  • For once Connecticut AG Blumenthal wants a damage award reduced [Hartford Courant, earlier at PoL]
  • “Did You Know That the Real World Has an STD Waiver?” [Mystal, AtL]

June 11 roundup

May 26 roundup

  • Oh dear: Elena Kagan praised as “my judicial hero” Aharon Barak, ultra-activist Israeli jurist flayed by Posner as lawless [Stuart Taylor, Jr./Newsweek] Kagan and executive power [Root, Reason]
  • More on efforts to get feds to redesign hot dogs and other choking-risk foods [NYT, earlier]
  • Amid brouhaha over Rand Paul views, Chicago firefighter-test case provides reminder of how discrimination law actually plays out in courts today [Tabarrok, MargRev]
  • So please, Ken, tell us what you really think of this Mr. Francis (“Girls Gone Wild”) and his nastygrams [Popehat]
  • More on SEIU’s tactic of sending mob to banker’s home in suburban Maryland [Volokh and more, earlier]
  • “Intensive Parenting Enforced: Parents Criminal Liability for Children Skipping School” [Gaia Bernstein, ConcurOp on a California bill]
  • Julian Ku unimpressed with United Nations officials’ claims that Arizona immigration statute violates international civil rights law [Opinio Juris] Plus, a complaint to the Inter-American Commission on Human Rights [Kopel, Volokh] Ilya Shapiro analyzes statute’s constitutionality [Cato]
  • Bill moving through Congress would force states, localities to accept unionization, arbitration for public safety workforces [Fox, Jottings] And here comes the giant federal bailout of union pension funds [Megan McArdle]

April 20 roundup