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17 Jun 2023, 4:30 pm
It said that, taken together, our plenary power cases fall into three buckets: (1)those allowing Congress to legislate pursuant to an enumerated power, such as the Indian Commerce Clause or the Treaty Clause; (2) those allowing Congress to regulate the tribes as government entities; and (3) those allowing Congress to enact legislation that applies to federal or tribal land. [read post]
17 Jun 2023, 11:05 am
Ukraine’s ambitious offensive to take back Russian-occupied land is proving to be a hard slog against dense minefields, well-prepared defenses and Russia’s superior air power.After the first probing attacks yielded mixed results, Ukrainian forces have mostly paused their assaults in recent days as commanders draw lessons from the past two weeks and try to figure out how to punch through Russian lines without taking huge losses. [read post]
17 Jun 2023, 10:36 am
The Home Affairs Act 2023 cancels Russia’s lease of land in the Australian capital Canberra, citing risks to national security. [read post]
17 Jun 2023, 5:10 am
In its broad sense it embraces everything from the general law of the land that governs – regulates, if you like – our speech to discretionary, broadcast-style, regulation by regulator: the Ofcom model. [read post]
17 Jun 2023, 1:37 am
And Larrabee’s case, the court of appeals reasoned, arose “in the land or naval forces” under the Fifth Amendment because his status in the FMCR might require him to return to active duty in the event of a future war or national emergency. [read post]
16 Jun 2023, 5:23 pm
This position provides legal representation to the Tribe with an emphasis on complex land use agreements and acquisitions, easements, and drafting/reviewing contracts including, but not limited to, 638 contracts. [read post]
16 Jun 2023, 3:28 pm
In line with that, the court called out CIL for abusing its dominant position in the industry, which is what originally landed the case before the court. [read post]
16 Jun 2023, 2:15 pm
But if you publish a new page or post between crawls, you’ll want to make sure it lands in Google’s index too. [read post]
16 Jun 2023, 1:01 pm
Her calculations were based on 1995 land values. [read post]
16 Jun 2023, 11:43 am
The post The Highest Cites In The Land appeared first on Above the Law. [read post]
16 Jun 2023, 11:28 am
Courts of Appeal by holding that the Code unequivocally abrogates the sovereign immunity of tribes, the Coughlin decision means that tribes can be compelled to appear and participate in bankruptcy proceedings as a third party, be targeted by a trustee seeking to recover money paid to the tribe by a debtor, be prohibited from evicting a lessee of tribal lands due to the automatic stay, or be subject to a debtor’s confirmed bankruptcy plan, including terms of a plan that might… [read post]
16 Jun 2023, 10:17 am
For those who took the leap before there was a parachute in their size, retroactive award eligibility can put out a safe landing pad. [read post]
16 Jun 2023, 6:30 am
Habsburg lands then became a laboratory for postimperial sovereignty and a new international order, and the results would echo through global debates about decolonization for decades to come. [read post]
16 Jun 2023, 5:00 am
”The issue before the court was whether Section 385 imposed liability upon a contractor to a plaintiff whenever the contractor, during the course of his or her work for a possessor of land, creates a dangerous condition on the land that injures the plaintiff, even though, at the time of the injury, the contractor was no longer in possession of the land, and the possessor of the land was aware of the dangerous condition.After reviewing the law, the Supreme… [read post]
16 Jun 2023, 4:03 am
He was called to one of Hilcorp Energy’s land-based oil rigs to transport drilling mud for disposal. [read post]
15 Jun 2023, 3:20 pm
Texas (2022)—Justice Gorsuch wrote majority opinion finding that federal law only bans on tribal lands those gaming activities also banned in Texas. [read post]
15 Jun 2023, 2:31 pm
He landed on his feet, and a good thing that, considering the dung heap he parachuted onto. [read post]
15 Jun 2023, 1:46 pm
Conversely, the significantly narrower Sackett test has been hailed as a commonsense restriction on the scope of the CWA by property owners and builders alike, who had previously been greatly restricted in disturbing land nearby bodies of water not traditionally recognized as a navigable waterway (e.g., ditches, marshes, ephemeral streams, and ponds, etc.). [read post]
15 Jun 2023, 12:27 pm
The law gives tribal courts exclusive jurisdiction over child-custody proceedings involving Native children who live or have their permanent residence on tribal land. [read post]
15 Jun 2023, 12:10 pm
Ultimately the planned pipeline would be about 12.5 miles long, connect to a 13.5-mile water conveyance system, and (in addition to the portion traversing SPUD’s 380-foot wide strip of property) would cross lands owned by Sandridge, including land subject to a 120-foot-wide right-of-way held by plaintiff and appellant Tulare Lake Canal Company (TLCC). [read post]
