Podcasts about sovereign immunity

Play Episode Listen Later Sep 28, 2025 26:02

This conversation delves into the complexities of American federalism and constitutional law, focusing on the powers of Congress under the 13th and 14th Amendments, the concept of state sovereign immunity, and the mechanisms available to overcome this immunity. The discussion highlights landmark cases that shape the understanding of these legal principles and emphasizes the ongoing tension between state rights and federal enforcement of civil rights.In the intricate dance of governance, the balance of power between federal authority and state immunity is a pivotal theme. This dynamic interplay shapes the legal and political landscape, influencing everything from policy implementation to individual rights. Let's delve into this complex relationship and explore its implications.Federal Authority: Federal authority is rooted in the Constitution, granting the national government the power to regulate interstate commerce, levy taxes, and provide for the common defense. This centralized power ensures uniformity and cohesion across states, enabling the federal government to address national issues effectively.State Immunity: Conversely, state immunity is a principle that protects states from certain legal actions, preserving their sovereignty. This concept is enshrined in the Eleventh Amendment, which limits the ability of individuals to sue states in federal court. State immunity serves as a check on federal power, allowing states to govern independently within their borders.The Tension: The tension between federal authority and state immunity often surfaces in legal battles and policy debates. Issues such as healthcare, environmental regulations, and civil rights frequently test the boundaries of this balance. Courts play a crucial role in interpreting the Constitution and mediating conflicts, ensuring that neither federal nor state power becomes overbearing.The balance of power between federal authority and state immunity is a cornerstone of American governance. It requires constant negotiation and adaptation to address evolving societal needs. As we navigate this complex landscape, understanding the nuances of this relationship is essential for informed civic engagement.Subscribe Now: Stay informed on the latest developments in governance and law. Subscribe for more insights and analysis.TakeawaysThe core of American federalism revolves around the tension between Congress and states.Congress's power to enforce laws is primarily derived from the 14th Amendment.The 13th Amendment grants Congress broader powers to legislate against private discrimination.Sovereign immunity protects states from being sued without their consent.The 11th Amendment establishes a broad shield against lawsuits from citizens of other states.Congress can abrogate state immunity under certain conditions, particularly through Section 5 of the 14th Amendment.The congruence and proportionality test is crucial for Congress to enforce the 14th Amendment.Ex parte Young allows for suits against state officials for prospective relief.Conditional funding can be a tool for Congress to influence state compliance with federal law.The balance of power between Congress and the courts raises questions about the effectiveness of federal law enforcement. federalism, constitutional law, Congress, 13th Amendment, 14th Amendment, sovereign immunity, state action, legal remedies, Supreme Court, civil rights

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Sovereign Immunity & The CT Office of the Claims Commissioner

Calendar Call

Play Episode Listen Later Aug 14, 2025 65:00

Episode 102: Sovereign Immunity & The CT Office of the Claims Commissioner This month on Calendar Call, Paul Bourdoulous talks with Attorney Robert Shea, the CT Claims Commissioner, about sovereign immunity and the work of the CT Claims Commissioner's Office. Paul and Attorney Shea discuss what sovereign immunity is, types of claims, and the process. Additional topics include hearings, wrongful incarceration claims, and other nuanced claims. Chapter 53* Claims Against the State CGS Sec. 54-102uu CT Office of The Claims Commissioner Claims.commissioner@ct.gov

state office commissioners claims sovereign immunity

Sovereign Immunity & The CT Office of the Claims Commissioner

Calendar Call

Play Episode Listen Later Aug 14, 2025 65:00

state office commissioners claims sovereign immunity

Episode 3741: ISD’s lose Sovereign Immunity is sex abuse cases | Election integrity at risk | Border news – Pratt on Texas 5/30/2025

Pratt on Texas

Play Episode Listen Later May 30, 2025 43:49

The news of Texas covered today includes:Our Lone Star story of the day: More coverage from the final days of the 89th Texas Legislature which must end on Tuesday, 2 June.Election integrity still in jeopardy; a bill passes stripping school districts of asserting Sovereign Immunity in sexual abuse cases, and; much more including: Gun Rights Advocates Achieve Big Legislative Victories Legislation on school funding, water, land ownership advances SB 4 & SB 23 Head to Gov's Desk, Part of $10 Billion in Property Tax Cuts & Relief Concrete Plants, Microchip Manufacturers Fight in Closing Days of Legislative Session New rules over state employees' ability to work at home are on their way to becoming law Our Lone Star story of the day is sponsored by Allied Compliance Services providing the best service in DOT, business and personal drug and alcohol testing since 1995.Governor Abbott names student regents for state universities.Oil and gas rig count.Border and illegal immigration news including: 600-foot protective buffer zone established around Anson's Bluebonnet Detention Facility Supreme Court Lets Trump Strip 500,000 Migrants Of Legal Status Illegal Aliens, Texans Arrested in 29 Count Drug Trafficking Indictment Listen on the radio, or station stream, at 5pm Central. Click for our radio and streaming affiliates.www.PrattonTexas.com

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Constitutional Law (Structure of Government) Lecture Series Part Two: Federalism and the Division of Powers (Part 2 of 2) (Part 2 of 2)

Play Episode Listen Later May 29, 2025 11:39

This lecture outlines the foundational principles of federalism in the United States, explaining the division of power between the federal government and individual states. It defines federalism by contrasting it with unitary and confederate systems, then details how the U.S. Constitution establishes this structure through enumerated powers for the federal government and reserved powers for the states via the Tenth Amendment. The lecture also highlights crucial constitutional clauses like the Necessary and Proper Clause, the Supremacy Clause, and the Commerce Clause, discussing their impact on the balance of power and examining their interpretation through landmark Supreme Court cases such as McCulloch v. Maryland, Gibbons v. Ogden, and United States v. Lopez, showcasing the evolving nature of federal authority.Federalism as a Core Principle: The lecture emphasizes that federalism is not merely a theoretical concept but is "at the very core of the United States constitutional system." It represents a "sophisticated division of powers" between the national government and the individual states, designed to achieve a "balance between national unity and the preservation of state autonomy." This system contrasts with unitary systems (centralized power) and confederations (states retaining dominant sovereignty).Constitutional Basis for Federalism: The document outlines the specific constitutional provisions that establish and delineate federalism:Enumerated Powers (Article One, Section Eight): The Constitution lists specific powers granted to the federal government, such as regulating interstate commerce, coining money, declaring war, and raising armies. These are presented as a "carefully selected set of responsibilities deemed essential for the national government to effectively function."Implied Powers (Necessary and Proper Clause, Article One, Section Eight): This clause grants Congress the power to enact laws "necessary and proper" for carrying out its enumerated powers. It is described as a "vital source of flexibility," allowing the federal government to adapt and effectively exercise its responsibilities.Reserved Powers (Tenth Amendment): This amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This reinforces the principle of limited federal power and affirms the states' broad authority over matters not specifically assigned to the national government, including "health, safety, welfare, and morals" (police powers).Supremacy Clause (Article Six, Clause Two): This clause establishes the hierarchy of law, declaring the Constitution, federal laws, and treaties as the "supreme Law of the Land." It ensures that "federal law will prevail" in cases of direct conflict with state law and prevents states from undermining valid federal laws.The Significance of the Commerce Clause: The Commerce Clause (Article One, Section Eight, Clause Three), granting Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," is highlighted as a "most significant and frequently litigated sources of federal authority." Its interpretation has "profoundly influenced the balance of power between the federal government and the states," reflecting "evolving societal needs and philosophical perspectives."Landmark Supreme Court Cases and their Impact: The lecture reviews key cases illustrating the evolution of federalism and the interpretation of federal power:Federalism, Division of Powers, Constitutional Law, Supreme Court, State Sovereignty, Commerce Clause, Judicial Review, Implied Powers, Sovereign Immunity, Civil Rights

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Constitutional Law (Structure of Government) Lecture Series Part Two: Federalism and the Division of Powers (Part 2 of 2)

Play Episode Listen Later May 28, 2025 9:47

This lecture explores the concept of federalism and the division of powers between the federal government and the states, highlighting constitutional provisions, landmark Supreme Court cases, and ongoing debates surrounding the balance of power. It emphasizes the practical applications of federalism in areas such as civil rights and environmental regulation, while also addressing criticisms and proposals for reform.TakeawaysFederalism is a system where power is divided between national and state governments.The Constitution enumerates specific powers for the federal government.The Necessary and Proper Clause allows for implied powers.The Supremacy Clause establishes federal law as the highest authority.The Commerce Clause has been interpreted in various ways by the Supreme Court.Landmark cases like McCulloch v. Maryland shaped federalism.Debates continue over the balance of power between state and national governments.Sovereign immunity limits individuals' ability to sue states.Federalism can promote local solutions but may also entrench inequality.Reform proposals include re-examining sovereign immunity and federal power limits.Federalism, Division of Powers, Constitutional Law, Supreme Court, State Sovereignty, Commerce Clause, Judicial Review, Implied Powers, Sovereign Immunity, Civil Rights

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Sovereign Immunity Uncovered: The Government's Legal Shield (Part 2 of 2)

Play Episode Listen Later Apr 3, 2025 20:41

Main Themes and Important Ideas:1. Definition and Core Principle:Sovereign immunity is a legal doctrine stating that the state (or sovereign) cannot be sued without its consent.It is rooted in the historical maxim "the king can do no wrong," reflecting the idea of the sovereign's immunity from legal liability in their own courts.The doctrine has evolved from its absolute form to a more nuanced concept in modern legal systems.Quote: "Sovereign immunity is a legal doctrine that essentially holds that the state—or, more generally, the sovereign—cannot be sued without its consent."2. Historical Origins:The doctrine originates in the English common law system, where the monarch was seen as the personification of the state and immune from suit.This foundational belief has significantly influenced the development of state immunity in many jurisdictions.The evolution of democratic governments has led to a re-examination and limitation of the absolute form of sovereign immunity.Quote: "Historically, the monarch was seen as the personification of the state, and because it was considered improper to subject the sovereign to the ordinary legal process, no one could sue him."3. Doctrinal Foundations:The doctrine operates on two central principles: non-liability (the government is immune unless it waives immunity) and consent (the government can choose to be subject to its legal system).Governmental accountability in modern society necessitates the possibility of voluntary waiver of immunity.Quote: "At its heart, the doctrine operates on two central principles: the idea of non-liability and the concept of consent."4. Constitutional Underpinnings (U.S. Context):The U.S. Constitution, particularly the Eleventh Amendment, plays a pivotal role.The Eleventh Amendment generally prevents citizens from suing a state in federal court without the state's consent, overruling Chisholm v. Georgia.The Supreme Court has broadly interpreted the Eleventh Amendment to reinforce state sovereign immunity.This immunity is not absolute; exceptions exist where states consent or Congress validly abrogates immunity.Quote: "Ratified in the wake of the landmark case of Chisholm v. Georgia, the Eleventh Amendment essentially overruled the ability of citizens to sue a state in federal court without the state's consent."5. Key Case Law:Cases like Hans v. Louisiana reaffirmed state immunity from suits in federal court by citizens of another state or foreign citizens without consent.Case law has refined the understanding of valid waivers, what constitutes "consent," and how to balance immunity with individual rights.These cases highlight the dynamic tension between immunity and accountability.6. Practical Implications in Litigation:Understanding sovereign immunity is paramount for attorneys involved in lawsuits against the government.It can act as a shield for governmental entities, protecting them from disruptive or resource-straining claims.It can also leave injured parties without a remedy.The first step for a plaintiff is often determining if immunity applies and whether it has been waived.Quote: "For attorneys practicing in this field, understanding sovereign immunity is paramount because it affects the strategies employed in bringing or defending lawsuits against the government."7. Waiver of Sovereign Immunity:Governments can consent to be sued through waiver, which can be express (e.g., in statutes like tort claims acts or contracts) or implied (e.g., through commercial activity).When a government operates in the marketplace like a private entity, courts may find an implied waiver.Understanding the nuances of waiver is crucial for determining the viability of a lawsuit against the government.Quote: "Waiver is the mechanism by which a government entity consents to be sued, effectively setting aside its sovereign immunity. This can occur either expressly or impliedly."8. Debates on Scope and Fairness:Proponents argue immunity is e

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Sovereign Immunity Uncovered: The Government's Legal Shield (Part 1 of 2)

The Libertarian Institute - All Podcasts

Play Episode Listen Later Apr 2, 2025 16:26

In this in-depth lecture, I unpack the doctrine of sovereign immunity—its historical origins, constitutional foundations, and practical implications for modern litigation. Join me as I explore how this principle evolved from the age-old maxim "the king can do no wrong" to its contemporary role in balancing governmental accountability with protection from unwarranted lawsuits. Whether you're a law student, legal professional, or simply curious about how government actions are shielded from litigation, this episode offers a comprehensive analysis enriched with landmark cases, policy debates, and real-world applications. Tune in to gain a deeper understanding of one of our legal system's most enduring and complex doctrines.

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Legal News for Fri 12/6 - SCOTUS Debates IRS Sovereign Immunity, OpenAI Seeks to Consolidate Copyright Suits, A Split on Adding Judgeships and Trump's Latest Bozo

Minimum Competence

Play Episode Listen Later Dec 6, 2024 47:38

This Day in Legal History: 13th Amendment RatifiedOn December 6, 1865, the United States formally abolished slavery with the ratification of the 13th Amendment to the Constitution. This historic amendment declared that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Its passage marked the culmination of decades of abolitionist struggle and the bloody Civil War, which had torn the nation apart over the issue of human bondage. The amendment was first passed by Congress on January 31, 1865, but required ratification by three-fourths of the states to become law. This final step was achieved when Georgia, the 27th state needed for approval, ratified it. Although President Abraham Lincoln had issued the Emancipation Proclamation in 1863, freeing slaves in Confederate-held territories, the 13th Amendment went further by permanently outlawing slavery throughout the entire country, including states loyal to the Union.The amendment also laid the groundwork for subsequent constitutional changes aimed at achieving racial equality, including the 14th and 15th Amendments. However, it was not the end of systemic racial oppression. In the years that followed, practices like sharecropping and the rise of "Black Codes" sought to perpetuate the subjugation of African Americans. The amendment's exception clause—allowing involuntary servitude as punishment for crimes—also became a basis for exploitative practices in the penal system, with effects still debated today.Nevertheless, the ratification of the 13th Amendment remains a cornerstone of American history, symbolizing the nation's legal commitment to freedom and human dignity. It was a monumental step in the ongoing journey toward civil rights and justice in the United States.The U.S. Supreme Court is examining United States v. Miller, a case involving the IRS and a bankruptcy trustee, which centers on whether sovereign immunity allows the IRS to keep payments made by a company before bankruptcy. The dispute arose from All Resort Group Inc.'s payment of $145,000 to cover its directors' personal tax debts three years prior to its bankruptcy filing. The trustee argues these payments were fraudulent transfers since the company was insolvent at the time, and the IRS should return the funds like any other creditor.Justices across ideological lines expressed skepticism of the IRS's claim that state fraudulent transfer laws and extended lookback periods, typically used by bankruptcy trustees, are inapplicable due to sovereign immunity. Justice Kavanaugh warned that reversing lower court rulings in favor of the trustee could enable fraud by allowing debtors to misuse company funds while shielding the IRS from clawback actions.The IRS maintains that the trustee's actions exceed the two-year lookback period allowed under bankruptcy law and that sovereign immunity blocks state law-based extensions. Critics argue that siding with the IRS could undermine bankruptcy trustees' avoidance powers, giving the government an unfair advantage over other creditors.Justices, including Barrett, Kagan, and Jackson, questioned the IRS's reasoning, suggesting it contradicts bankruptcy law's intent to treat the government like other creditors in such cases. Legal experts noted that Utah's fraudulent transfer laws, used to extend the recovery period, align with federal principles, challenging the IRS's "peculiar" stance.IRS Climbing a Steep Hill in Bankruptcy Trustee Clawback DisputeOpenAI plans to request the centralization of eight copyright and Digital Millennium Copyright Act (DMCA) lawsuits into a multidistrict litigation (MDL) in New York and California, according to statements made to a federal judge. These lawsuits allege that OpenAI infringed on copyrights during the training of its large language models. Plaintiffs include prominent names like The New York Times, comedian Sarah Silverman, and author Ta-Nehisi Coates. OpenAI assured the court it will continue participating in discovery while the request is reviewed by the Judicial Panel on Multidistrict Litigation. Notably, one DMCA claim by Intercept Media Inc., alleging OpenAI removed copyright management information from its content, recently survived a motion to dismiss. However, OpenAI successfully defended against a similar suit from Raw Story Media Inc. and Alternet Media Inc.The company has also sought to merge suits filed by The New York Times and Daily News LP. OpenAI is represented by Morrison & Foerster LLP, Latham & Watkins LLP, and Keker Van Nest & Peters LLP, while the authors are represented by the Joseph Saveri Law Firm LLP and Cafferty Clobes Meriwether & Sprengel LLP. The case underlines ongoing legal challenges for AI companies related to copyright and content use.OpenAI to Seek to Centralize Eight Copyright Lawsuits Against ItHouse Democrats are divided on a Senate-passed bill to add 66 judgeships to federal district courts, with some wary of granting Donald Trump the opportunity to appoint new judges during his presidency. The JUDGES Act, which aims to address judicial shortages in heavily burdened districts, represents the first major expansion of the federal judiciary since 1990. While some Democrats, such as Reps. Doris Matsui and Eric Swalwell, emphasize the urgent need for additional judges in their states, others, like Rep. Jerrold Nadler, oppose the timing, accusing Republicans of strategically advancing the bill after Trump's election win.The legislation proposes phasing in new judgeships over the next three presidential terms, beginning with 11 appointments in 2025 and another 11 in 2027. Courts in states with Democratic senators would receive 37 permanent seats, while those in Republican states would gain 26 permanent and three temporary positions. Supporters argue that the measure addresses pressing judicial workloads, such as in California's Eastern District, where judges face one of the nation's highest case-to-population ratios. However, critics suspect political maneuvering, with Rep. Zoe Lofgren questioning why Republicans waited until after Trump's victory to advance the bill. House Judiciary Chairman Jim Jordan hopes to pass the measure quickly, and experts note Republicans may secure enough Democratic support despite objections. The judiciary's policymaking body and federal judges back the bill, though its timing and implications for Trump's influence over the judiciary remain contentious.House Democrats Split on Bill to Add Judges After Trump Win (1)Donald Trump announced David Sacks, venture capitalist and co-founder of Craft Ventures, as his pick for the newly created position of AI and Crypto Czar. This role will oversee federal policy on artificial intelligence and cryptocurrency, with a focus on boosting U.S. leadership in these sectors. Sacks, a prominent Trump supporter and Silicon Valley figure, has ties to Elon Musk and was a key fundraiser for Trump's campaign. He is also set to lead the Presidential Council of Advisors for Science and Technology.Sacks' responsibilities will include crafting a legal framework to provide clarity for the crypto industry, a sector Trump has pledged to support after previously criticizing it. He will also influence the regulation and adoption of AI, countering Biden-era executive orders on AI oversight, which Trump has criticized as stifling innovation. Despite holding investments in crypto and enterprise software, Sacks will not be required to divest his assets, though conflict-of-interest rules will limit his involvement in specific decisions. Known for advocating free speech and opposing "Big Tech bias," Sacks aligns with Trump's broader deregulatory agenda. His appointment, alongside crypto advocate Paul Atkins to lead the SEC, signals a strong focus on deregulation for digital assets and tech industries.Trump Names David Sacks as White House AI and Crypto Czar (2)This week's closing theme is by Ludwig van Beethoven – a composer of some note.Ludwig van Beethoven, one of the towering figures of classical music, revolutionized the art form with his innovative compositions and bold vision. Born in Bonn in 1770, Beethoven's life spanned the Classical and Romantic eras, and his works embodied the bridge between these two periods. Despite his struggles with hearing loss, he composed some of the most enduring and transformative music ever written. Among his celebrated symphonies, the Symphony No. 7 in A Major, Op. 92, stands out for its infectious energy, rhythmic innovation, and emotional depth. Premiered in 1813, the symphony's exuberance earned it a special place in audiences' hearts, with the second movement, Allegretto, becoming an instant favorite.This week, we spotlight Franz Liszt's masterful piano transcription of Beethoven's Symphony No. 7. Liszt, a virtuoso pianist and composer of the Romantic era, was renowned for his transcriptions, which brought orchestral works to the solo piano repertoire, allowing a wider audience to experience their brilliance. His transcription of the Seventh Symphony captures not only the rhythmic vitality and dramatic contrasts of Beethoven's original but also its delicate nuances and grandeur.The second movement, in particular, shines in Liszt's version, with its solemn, almost hymn-like theme resonating deeply on the piano. Its hypnotic pulse and poignant melody reveal the emotional core of Beethoven's vision, even in a solo performance. This piece embodies the interplay of intensity and elegance that defines Beethoven's work and showcases Liszt's genius as both interpreter and innovator.Without further ado, Ludwig van Beethoven's Symphony No. 7 in A Major, Op. 92. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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Abu Ghraib Torture Victims Fight Back with $42 MILLION Verdict Win Ep. 279

Play Episode Listen Later Nov 19, 2024 57:33

https://www.youtube.com/watch?v=kZBBX2v7N8E Patrick dives into the recent trial which found US company CACI liable for damages from it's work at the Abu Ghraib military prison following the 2003 invasion of Iraq. Vital Dissent website Join my email list and become a premium member: http://www.vitaldissent.club Vital Dissent Merch 10% off with code VD10 Show notes: Get Scott Horton's new book! Provoked: How Washington Started the New Cold War with Russia and the Catastrophe in Ukraine: Horton, Scott: 9781733647373: Amazon.com Factsheet: Torture at Abu Ghraib and Al Shimari v. CACI | Center for Constitutional Rights Al Shimari, et al. v. CACI | Center for Constitutional Rights Document: Judge in Abu Ghraib Case Denies U.S. Sovereign Immunity for Jus Cogens Norms | Lawfare Shimari v. Caci Premier Tech., Inc., 368 F. Supp. 3d 935 | Casetext Search + Citator https://theintercept.com/2024/11/12/abu-ghraib-torture-caci/ https://vitaldissent.com/real-magna-carta-ep-58 https://vitaldissent.com/lysander-spooner-jury-nullification-ep-56

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Abu Ghraib Torture Victims Fight Back with $42 MILLION Verdict Win Ep. 279

Liberty Weekly - Libertarian, Ancap, & Voluntaryist Legal Theory from a Rothbardian Perspective

Play Episode Listen Later Nov 19, 2024 57:33

Patrick dives into the recent trial which found US company CACI liable for damages from it's work at the Abu Ghraib military prison following the 2003 invasion of Iraq. Vital Dissent website Join my email list and become a premium member: http://www.vitaldissent.club Vital Dissent Merch 10% off with code VD10 Show notes: Provoked: How Washington Started the New Cold War with Russia and the Catastrophe in Ukraine: Horton, Scott: 9781733647373: Amazon.com Factsheet: Torture at Abu Ghraib and Al Shimari v. CACI | Center for Constitutional Rights Al Shimari, et al. v. CACI | Center for Constitutional Rights Document: Judge in Abu Ghraib Case Denies U.S. Sovereign Immunity for Jus Cogens Norms | Lawfare Shimari v. Caci Premier Tech., Inc., 368 F. Supp. 3d 935 | Casetext Search + Citator https://theintercept.com/2024/11/12/abu-ghraib-torture-caci/ https://vitaldissent.com/real-magna-carta-ep-58 https://vitaldissent.com/lysander-spooner-jury-nullification-ep-56

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Legal News for Mon 10/21 - DJI Sues Pentagon, Eli Lilly Sues Copycat Weight-loss Drugs, Fox News Legal Team Move and NJ Transit Patent Sovereign Immunity Battle

Minimum Competence

Play Episode Listen Later Oct 21, 2024 6:20

This Day in Legal History: West Law Reports PublishedOn October 21, 1876, the West Publishing Company, founded by John B. West, published its first legal reporter, The Syllabi. This marked the beginning of a transformation in how American legal professionals accessed and utilized case law. The Syllabi aimed to provide Minnesota lawyers with timely, accurate, and reliable legal information, distinguishing itself through its promise to be "prompt, interesting, full, and at all times thoroughly reliable." Over time, The Syllabi evolved into the Northwestern Reporter, which played a significant role in shaping the broader National Reporter System. West's innovation was groundbreaking because it standardized the reporting of judicial decisions across multiple jurisdictions, creating a centralized, accessible body of case law. The National Reporter System expanded to cover decisions from various courts in different regions, making it easier for lawyers to research case law beyond state boundaries. This system eventually became the foundation for modern legal research and was essential for the creation of tools like Westlaw, which revolutionized legal research with digital access in the 20th century. It is worth noting, the development of a centralized legal reporting system, while transformative, also raises important access to justice issues. West Publishing's dominance in legal reporting and the eventual emergence of paid research platforms like Westlaw created barriers for individuals and smaller firms with limited financial resources. The high cost of accessing comprehensive legal databases places those without the means at a significant disadvantage, potentially hindering their ability to conduct thorough legal research or build strong cases. This disparity underscores the ongoing challenge of ensuring equal access to legal resources, a critical factor in promoting fairness within the justice system.China-based drone manufacturer DJI has filed a lawsuit against the U.S. Defense Department, challenging its inclusion on a list of companies allegedly linked to Beijing's military. DJI claims the designation is inaccurate and has caused substantial financial harm, including lost business deals and a tarnished reputation. The company, which controls over half of the U.S. commercial drone market, argues it is neither owned nor controlled by the Chinese military and seeks removal from the list. DJI alleges that the Pentagon did not engage with the company for over 16 months regarding the designation, leaving it no choice but to pursue legal action. The Pentagon has not commented on the suit. DJI is also facing increasing scrutiny in the U.S., with concerns raised about potential security risks from its drones. Earlier this week, U.S. Customs stopped some DJI imports under the Uyghur Forced Labor Prevention Act, though DJI denies any involvement with forced labor. Meanwhile, the U.S. House has passed a bill to ban new DJI drones, pending Senate action.Drone maker DJI sues Pentagon over Chinese military listing | ReutersEli Lilly has filed lawsuits against three medical spas and online vendors—Pivotal Peptides, MangoRx, and Genesis Lifestyle Medicine—over selling unauthorized versions of its weight-loss drug, Zepbound, which contains tirzepatide. These lawsuits, filed in federal and state courts, accuse the companies of false advertising and promotion, including selling products without medical prescriptions and making unverified claims about the drug's safety and efficacy. Pivotal Peptides allegedly marketed tirzepatide for research but sold it directly to consumers, while MangoRx offered an unapproved oral version of the drug. Genesis was accused of selling compounded tirzepatide with vitamin B12, a combination that Lilly says is unsafe and untested. Lilly's lawsuits follow earlier legal actions against other companies for similar offenses. The drugmaker aims to protect consumers from potential health risks and seeks to stop the defendants from selling these products, as well as pursuing monetary damages.Lilly sues online vendors, medical spa over copycat weight-loss drugs | ReutersFour prominent labor lawyers from Baker McKenzie's New York employment practice—Paul Evans, Krissy Katzenstein, Blair Robinson, and Jeffrey Sturgeon—have moved to Paul Hastings, leaving Baker McKenzie short one-third of its employment lawyers. The team has represented Fox News in several high-profile employment disputes, including defending the network in cases involving former host Britt McHenry and a COVID-19 workplace exposure claim. The team has also worked with clients like CBS Broadcasting, Paramount Global, and Panda Express. Their move to Paul Hastings follows collaborations with the firm's employment lawyers, and they plan to continue growing Paul Hastings' client relationships. The transition strengthens Paul Hastings' East Coast employment practice, enhancing its capacity in complex employment matters, including Title VII representation, pay equity, and class actions. Paul Hastings' leadership sees this as a significant boost, especially ahead of regulatory shifts tied to the 2024 presidential election.Fox News Employment Defense Team Moves Over to Paul HastingsNew Jersey Transit Corp. (NJ Transit) is facing a patent infringement lawsuit from Railware Inc., which claims NJ Transit is using its railworker-safety technology without permission. NJ Transit is seeking to dismiss the case, asserting sovereign immunity as an "arm of the State of New Jersey." The issue is complicated by the fact that NJ Transit operates in both New Jersey and New York. While the Third Circuit, which covers New Jersey, has previously ruled that NJ Transit qualifies for immunity, the Second Circuit, which covers New York, uses a stricter test to determine state immunity. This case is significant because it could set a precedent for how sovereign immunity is applied across jurisdictions.Railware argues that NJ Transit's immunity claim is invalid, citing the agency's independent operation and non-state funding. The case also touches on broader legal debates about when state agencies can claim immunity in patent cases. NJ Transit is awaiting a key ruling from the New York Court of Appeals on whether it is immune from another lawsuit, which could influence this case. If conflicting rulings emerge from different courts, the matter may be escalated to the U.S. Supreme Court for resolution.NJ Transit Patent Immunity Claim Crosses Circuit-Court Divide This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

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The Impact of Sovereign Immunity on Parents' Rights with Morgan Collier

Parents' Rights Now!

Play Episode Listen Later Aug 9, 2024 17:49

Tell us whatcha' think! Send a text to us, here!Morgan Collier is the PRE Affiliate in TALCO Texas. She and her husband Dewey, are highly involved in political advocacy. She is a fighter and has the resolve and determination of a rock star leader.Morgan Collier discusses a new initiative in Texas that involves using affidavits to hold government trustees accountable for deviating from the Constitution.Support the Show.DONATE TODAY!www.ParentsRightsInEducation.com

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1638 - Legal Cases in Ag...Syncing Cattle

Agriculture Today

Play Episode Listen Later Mar 13, 2024 27:53

Legal Issues for Farmers and Ranchers Estrus Synchronization for Services Average Age of Cattle Herds 00:01:05 – Legal Issues for Farmers and Ranchers: Roger McEowen, K-State and Washburn law professor, starts today's show by discussing his recent blog article that covers various legal issues farmers and ranchers have found themselves in. washburnlaw.edu/WALTR Roger on AgManager.info Farm Bankruptcy; Sovereign Immunity; Farm Lease and Pipeline Damages 00:12:05 – Estrus Synchronization for Services: Continuing the show is K-State cow-calf Extension specialist Jason Warner as he reminds people about what needs to be considered before choosing and starting an estrus synchronization. BeefRepro.org KSUBeef.org 00:23:05 – Average Age of Cattle Herds: The Beef Cattle Institute's Brad White, Brian Lubbers and Phillip Lancaster conclude today's show as they converse about the average age of a herd for cattle operations from their recent Cattle Chat podcast. BCI Cattle Chat Podcast Bovine Science with BCI Podcast Email BCI at bci@ksu.edu Send comments, questions or requests for copies of past programs to ksrenews@ksu.edu. Agriculture Today is a daily program featuring Kansas State University agricultural specialists and other experts examining ag issues facing Kansas and the nation. It is hosted by Shelby Varner and distributed to radio stations throughout Kansas and as a daily podcast. K‑State Research and Extension is a short name for the Kansas State University Agricultural Experiment Station and Cooperative Extension Service, a program designed to generate and distribute useful knowledge for the well‑being of Kansans. Supported by county, state, federal and private funds, the program has county Extension offices, experiment fields, area Extension offices and regional research centers statewide. Its headquarters is on the K‑State campus in Manhattan

legal kansas manhattan farmers extension kansas state university cattle syncing legal issues washburn kansans average age brad white sovereign immunity jason warner cooperative extension service k state research

412 - Sovereign Immunity

The Constitution Study podcast

Play Episode Listen Later Mar 11, 2024 15:32

When can you sue the government? What started out as an erroneous credit report filing has turned into the heart of the question brought before the Supreme Court in the case Department Of Agriculture Rural Development Rural Housing Service V. Kirtz (USDA v. Kirtz). However, what the court found, and how it got there, points to a serious flaw in the constitutional education of lawyers and judges throughout this nation.

supreme court sovereign immunity

NEW: Dept. of Agriculture Rural Development Rural Housing Service v. Kirtz (Feb 2024) Fair Credit Reporting Act; Federal Government Sovereign Immunity

It's a New Day with Rip Daniels

Play Episode Listen Later Feb 16, 2024 42:13

The brand-new, unanimous opinion of the Court in Dept. of Agriculture Rural Development Rural Housing Service v. Kirtz, decided February 8, 2024. Listen to What SCOTUS Wrote Us anywhere you get your podcasts

service court housing agriculture federal government rural development fair credit reporting act sovereign immunity

Episode 82 - Texas Razor Wire and Pipe Bombs

The DoctorTed Podcast

Play Episode Listen Later Jan 25, 2024 22:58

The Texas spat with the Feds over the wire on the border has left us with lots of noise, but very little light. The Supreme Court ruling is much less than it appears. Also, Alec Baldwin is re-charged with manslaughter, and there's a new twist in the J6 pipe bomb story.

texas supreme court constitution january 6th alec baldwin supremacy feds illegal immigration razor wire pipe bombs sovereign immunity

It's a New Day: 1-10-24 215 Bodies found in MS

Play Episode Listen Later Jan 10, 2024 140:03

A look back at Donald John's justification for Presidential Immunity and how it's tantamount to Sovereign Immunity and would essentially make all US Presidents above the law and attorney Ben Crump and A New Day Coalition calling for an investigation after the discovery at 215 bodies found behind a jail in Jackson, MS.

ms bodies new day us presidents presidential immunity ben crump sovereign immunity

Copyright Advocate & Author David Newhoff on State Sovereign Immunity, IP, AI and Artists' Rights - A 2ND Saturday Conversation

Warfare of Art & Law Podcast

Play Episode Listen Later Dec 17, 2023 67:52 Transcription Available

Cover Photo of David Newhoff by Sean MekasShow Notes:1:45 Newhoff's background 4:15 impetus to write Who Invented Oscar Wilde?: The Photograph at the Center of Modern American Copyright? 6:15 SCOTUS's Warhol decision10:00 Sarony's input compared with and AI users' input14:00 Newhoff's comments to USCO's NOI and Request for Comments17:20 compulsory licensing scheme18:50 RightsClick25:45 USCO's focus on how a work was created (by AI or human) versus leaving that to courts25:55 feedback on his comments to USCO32:00 AI copyright lawsuits in the US36:25 liability for AI training data40:45 Emily Gould: whether training involves making copies, EU exception for copies43:00 whether US copyright is still fit for purpose in light of issues raised by AI44:20 work “in the style of” 48:40 Deborah Roberts vs Lynthia Edwards - suit over collage works52:30 Alan Robertshaw: threshold of infringing work versus transformative work54:50 why use AI to create artwork56:45 NFT hype57:35 the legacy Newhoff hopes to be creating 58:50 Newhoff's view of justice 1:01:00 status of Allen v. Cooper and Allen's pending constitutional takings claim1:04:00 camouflage patents1:05:20 change from allowing IP claims against states to decision that Congress does not have that authority and 11th Amendment's restriction of individuals bringing suit against states controlled Please share your comments and/or questions at stephanie@warfareofartandlaw.comTo hear more episodes, please visit Warfare of Art and Law podcast's website.To view rewards for supporting the podcast, please visit Warfare's Patreon page.To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com. Thanks so much for listening!© Stephanie Drawdy [2023]

ai art conversations law european union congress artificial intelligence advocates nfts rights artists ip warfare copyright amendment scotus andy warhol intellectual property oscar wilde photograph noi copyright infringement cover photo deborah roberts emily gould sovereign immunity art law

Litigation in the Dubai International Financial Centre

Law, disrupted

Play Episode Listen Later Nov 29, 2023 44:42

John is joined by Tom Montagu-Smith, KC, with 3 Verulam Buildings. They discuss practicing in the Dubai International Financial Centre (DIFC) Court, including the rationale for creating the unusual DIFC court system where the United Arab Emirates allow foreign lawyers and judges to decide disputes on its sovereign territory, Tom's experience writing the rules for the Court which are modeled on the rules for the English Commercial Court, and the very recent growth of similar financial free zones and court systems in other jurisdictions. They also discuss the backgrounds of the judges, the Court's jurisdictional rules and the mix of cases that are generally brought before the Court. Finally, they discuss some of the interesting issues that have recently arisen in the DIFC Court including whether to allow malicious prosecution actions, the extent to which principles like Sovereign Immunity and the Act of State Doctrine will apply in the DIFC, where to draw jurisdictional lines between the DIFC Court and local courts, and the possible extension of the jurisdiction of the DIFC Court to other economic free zones in the UAEPodcast Link: Law-disrupted.fmHost: John B. Quinn Producer: Alexis HydeMusic and Editing by: Alexander Rossi

A Seat at the Sitting - November 2023

Teleforum

Play Episode Listen Later Oct 30, 2023 57:51

Each month, a panel of constitutional experts convenes to discuss the Court's upcoming docket sitting by sitting. The cases covered in this preview are listed below.Culley v. Marshall (October 30) - Due Process; What test should district courts apply to determine whether a state or local government must provide a hearing to someone who has had property seized under a civil asset forfeiture law?Lindke v. Freed (October 31) - Civil Rights, First Amendment; Whether a public official's social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.O'Connor-Ratcliff v. Garnier (October 31) - Civil Rights, First Amendment; Are public officials acting as government officials, so that they can violate the First Amendment, when they block people on their personal social media accounts that they use to communicate with the public?Vidal v. Elster (November 1) - First Amendment, Intellectual Property; Does Section 2(c) of the Lanham Act, which bars the registration of a trademark which uses the name of another living person without that person's permission, violate the Constitution when used to reject a trademark that contains criticism of a government official or public figure?Department of Agriculture Rural Development Rural Housing Service v. Kirtz (November 6) - Fair Credit Reporting Act, Sovereign Immunity; Whether the civil-liability provisions of the Fair Credit Reporting Act clearly waive the sovereign immunity of the United States.United States v. Rahimi (November 7) - Second Amendment; Whether a federal ban on the possession of guns by individuals who are subject to domestic violence restraining orders violates the Second Amendment.Rudisill v. McDonough (November 8) - GI Bill; Whether a veteran who has served two separate periods of qualifying service under the Montgomery GI Bill and the Post-9/11 GI Bill is entitled to receive a total of 48 months of education benefits as between both programs.Featuring: Braden Boucek, Director of Litigation, Southeastern Legal FoundationProf. Christa Laser, Professor, Cleveland State University of Law Gary Lawkowski, Counsel, Dhillon Law GroupAmy Swearer, Senior Legal Policy Analyst, Meese Center for Legal and Judicial Studies, The Heritage FoundationModerator: Laura Stanley, Judicial Law Clerk, US Court of Appeals, Ninth Circuit

Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (June 2023) Does the Bankruptcy Code unequivocally abrogate tribal sovereign immunity?

Play Episode Listen Later Oct 28, 2023 27:28

Audio of the opinion of the Court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (2023) Access Additional resources about this case at oyez.org: https://www.oyez.org/cases/2022/22-227 Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.

court supreme court tribal lac coughlin unequivocally bankruptcy code sovereign immunity flambeau band lake superior chippewa indians

PALISADE 29: Honesty and Integrity Pt. 2

Play Episode Listen Later Oct 15, 2023 163:01

This episode carries content warnings for imprisonment, withholding medical care, civilian deaths, medical experiments, blood, description of injury, and death, “What sort of shape is it though?” “It is empire.” “Yes, no, I get that, but... Is empire a square? Is it circle? It helps to know the shape of a thing if you're hoping to break it.” “Yes. I understand. You tell me, then. What shape do you think empire takes? Perhaps you can see it in a way I cannot, because you first apprehended it from outside.” “Well, I can't tell you about all empires, but this one? It wants to be fractal. Each stel tries to make everything inside of it a repetition of itself.” “Yes. Yes, I see. Stel Apostolos shapes itself as a spear, and so it extends downward in echoing cacophony. Its military bases, its schools, its students, its children—all spears.“ “Yeah, something like that. The trouble is, a fractal is really strong. All those shapes, repeated inwards forever. They flex, like a tree's branches bending in the wind.” “Yes, but that is it. The Principality is not an abstract fractal, repeating forever. It is a tree. And a tree repeats only for so long.” “And when a strong enough wind blows…” “It can be uprooted.” This week on PALISADE: Honesty and Integrity Pt. 2 I grieve in stereo, the stereo sounds strange / You know that if it hides, it doesn't go away Dossier People Routine Rennari (he/him): Half-Apostolsian, scion of a minor Kesh noble house, and the Blue Channel's heavy. Partial Palisade (he/him): A man who was once a Divine, now living in the shell of a being quite unlike what he once was. Eclectic Opposition (he/him): A delegate and member of the Cause who left Palisade to spend time working under Exeter Leap before returning to his home planet to investigate the strange factories being built by the Frontier Syndicate. Gallica (she/her): Elect of the Divine Present. Gallica spent years as Chief Emissary of Stel Nideo, Verse (missionary) in the Holy Church of Received Asterism, but in fact was a signatory to the Pact of Necessary Venture, and when the war spilled beyond Kesh and Apostolos, Gallica betrayed her home Stel to join Apostolos and Nideo. Currently, she leads high level intelligence and espionage operations for the Pact of Free States. The Glorious Princept, Dahlia (they/them): The second pretender to the title of Princept. Born to house Kesh, Dahlia was once kidnapped by a rebelious Sovereign Immunity known as the Farmer. After being rescued and raised by the then Apokine of Stel Apostolos, they integrated into Apostolosian culture. Though they were not part of the Pact of Necessary Venture at its founding, they welcomed the group's support, though focused their efforts on the war with the Branched instead of the ongoing civil conflict. Cas'alear Rizah (cas/cas', they/them): Leader of the Swordbreakers, an elite unit of Apostolosian-trained pilots who have since sworn service to Millenium Break. Cas holds a reputation for beauty and bravery among allies, but is seen as unflinching and unpredictable by cas' foes.. Factions The Frontier Syndicate: A powerful conglomerate with a broad purview, including technology, heavy industry, entertainment, telecommunications, and transportation. Led by Exenceaster March (he/him), the Syndicate betrayed the Pact of Free States and joined the Bilats in order to be part of their colonization efforts on Palisade. The Pact of Free States: One of the two factions vying for leadership of the Principality, a joint operation by Stels Columnar and Apostolos. Led in name by the Glorious Princept, Dahlia (they/them), but operated in day-to-day matters by members of the original Pact of Necessary Venture, including Rye (he/him) and Gallica (she/her). Though they are reformist in some ways, their primary goal is greater autonomy for each Stel, freedom from the legal restraints, taxes, and oversights demanded by the Principality, with additional deregulation to follow downstream. STEREOMA: Pact truebeliver Cor'rina Corrine (cor/cors, they/them) and cor rival Misericorde (he/they) have begun building a surgical, anti-Bilat hit squad on Paliade. Places Diadem Gravtrain: While the vast trench-city on Palisade's equator lays abandoned, Kesh has reactivated its railway via an operations center in Carmathen. Divines The Divine Motion (she/her): One of the founding members of the Pact, the necromantic Apostolosian divine once led its infamous retinue, the Black Century, on Partizan. They were defeated and dispersed, turned into part of Kalmeria, during Operation Shackled Sun. Present (it/its): On first blush, Present might be confused for a small, if luxurious frigate. And sometimes, it is just that: Its oval structure houses living quarters, a humble armory, enough cargo space to hold a single hollow, and even a fully stocked bar. But at a snap of its elect's fingers, it transforms into a humanoid war machine that serves its elect loyally, outclasses any Altar currently in operation, and is capable of holding its own against many other Divines in combat. The Divine Commitment (it/its): A malleable divine made of inky black metal. Has historically required two pilots (both in a condition of ego death) in order to be operated, its current Elect is the Dahlia, the Glorious Princept, who operates it with the aid of the Divine Integrity. The Divine Integrity (it/its): Sometimes appearing as an articulated staff or a metallic spine, Integrity integrates itself into its chosen user. Once the two are connected, Integrity becomes a powerful exoskeleton, and supports its user in matters of military and morale. Currently, Dahlia, the Glorious Princept, is the elect of Integrity. Objects Ekpyrosis: Flagship of the Pact's fleet, a transforming, beautiful monstrosity able to casually destroy worlds while simultaneously supporting life in a vacuum. Mysteries Perennial (she/her): The Principality's so-called 'adversary,' who lives at the center of the galaxy and whose chaotic whims spread through her "Perennial Wave," an ever-present nanoparticle that has recently bonded with Kalmeria. Hosted by Austin Walker (@austin_walker) Featuring Janine Hawkins (@bleatingheart) Sylvi Bullet (@sylvibullet), Ali Acampora (@ali_west), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), Keith J Carberry (@keithjcarberry) and Andrew Lee Swan (@swandre3000) Produced by Ali Acampora Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by by aurahack (aurahack.jp) With thanks to Arthur B., chocoube, DB, deepFlaw, Edwin Adelsberger, Emrys, Greg Cobb, huw, Ian O'Dea, Ian Urbina, Irina A., Jack Shirai, K. Morris, Katie Diekhaus, Konisforce, Kristina Harris Esq, L Tantivy, Lawson Coleman, Mike & Ruby, Nich Maragos, Olive Perry, Patrick Murray, Robert Lasica, Shawn Hall, TeganEden, Thomas Whitney, viviridian, and Voi for their support We are playing Armour Astir: Advent with additional playbooks from Strangers in the Night and 106th Astir Squadron. If you enjoy the show, consider supporting the TTRPG. This episode was made with support from listeners like you! To support us, you can go to friendsatthetable.cash.

music leader night divine integrity farmers honesty led strangers morris cor verse altar elect db pact cas rye ttrpg syndicate stel voi principality holy church palisade partizan kesh divines patrick murray austin walker emrys apostolos branched sovereign immunity free states gallica quidt ali acampora nich maragos

PALISADE 25: An Impossible Ideal Pt. 4

Play Episode Listen Later Sep 5, 2023 168:53

This episode carries content warnings for body horror, mass death/genocide, mind control, and extreme heat. For months, even before the sun bulged red, the only way to think about events on Palisade was with large numbers. Troop maneuvers. Logistical networks. Centuries of oppression. A continent of power. But now all of that has collapsed. Now it is minutes, not hours. Meters, not miles. Guards, not battalions. A set of hallways. A set of doors. A set of people trying to breach them. And beyond them, a question: Tomorrow, will there be any events on Palisade at all? I step all around the pieces on the floor / Wires and cords, and records, and tapes Dossier People Stargrave Elcessor (she/her): Leader of the Bilateral Interecession's occupation of Palisade, assigned personally by Cynosure Whitestar-Kesh. As a Stargrave, she has been granted the means and “right” to detonate the star at the center of Palisade's star system if she determines that those here are an existential threat to the Principality. Connadine (he/him): Commander of the BIS on Palisade. An expert in psychological operations and folklore. As a composer, his opus is the Adagio, a plan to get everyone on Palisade operating in ways not only predictable, but scripted. As a conductor, his orchestra now turns towards the second movement. Routine Rennari (he/him): Half-Apostolsian, scion of a minor Kesh noble house, and the Blue Channel's heavy. Mustard Red (she/her): A cyborg who once served as a member of Brink Proxy, with a speciality in surveillance. Joined the Cause during the Devotees expansion onto Palisade. Midnite Matinee (she/her): Leporine scout and member of the Blue Channel. She and her trusty Pack-model light AutoHollow Popcorn used to run a repo company, but now are tentatively committed to the Cause and Millennium Break. Factions STEREOMA: Pact truebeliver Cor'rina Corrine (cor/cors, they/them) and cor rival Misericorde (he/they) have begun building a surgical, anti-Bilat hit squad on Paliade. The Pact of Free States: One of the two factions vying for leadership of the Principality, a joint operation by Stels Columnar and Apostolos. The New Asterism: What was once a schism between Received and Progressive Asterism has now been healed by the false prophet Gur Sevraq (he/they), or at least someone in his name and face. The New Asterism claims that to be a citizen of the Principality is to have an obligation to "better the world," in the sense that one invests in property or in the way that a settler “rehabilitates” or “improves” the places they claim by violence. Places Chimera's Lantern: The second moon of Palisade, shaped oddly like a wasp's nest or paper lantern. New arrivals to the world find its occasional glow unnatural and frightening. Thisbe and the Figure found evidence that it could be tied to driving the bulk of ancient Divine Principality forces off of Palisade. Home to the Chimeric Cadent (they/them, it/its), an amalgam of the ancient Excerpt ⸢Signet⸣, the mysterious Waking Cadent, and the Divine Belgard. As one being, they protect the corpses of a number of Divines, including Sagacity, Dissent, Felicity, Barricade, and Bounty—its newest resident. Objects Gambeson: The Gambeson is only about 10 meters tall (less than half an Altar), but it is nevertheless a terrifying scourge of the battlefield. Modeled after an iron maiden, except with it's tortorous doors attached to its back serving as wings. Its head features a metalworked face, twisted into extreme and offputting smile. Its skeletal frame serves not only as body, but cage: pilots are criminal conscripts forced to pay off their “debt” to Kesh by the Divine Plight, earning their freedom through combat achievements. Paramerion: Cori's new Altar, as designed by her brother Formido. Constantly twitching and rippling underneath the regal embellishments of its filigreed armor. Massive metallic wings stay folded on its back, a smaller pair cover its eyes like a visor and the sickles jut out from its forearms when stowed. A halo shaped like a crown rotates above its skull-like head. The Stellar Combustor: A weapon of immense destruction, capable of destroying countless star systems if deployed without a firebreak. Has been used in some form or another since the time of the earliest Divines. In current form they take the form of a twirling, 3-ringed space station that rotates around a system's sun. BAC Secateurs: Designed and built on Chimera's Lantern by the Blessed Armory of Consecration, an Altar who holds itself in the form of a tortured saint, with sharp, crystaline “holy expressions” emerging from its body, like wounds in reverse. As it pulls these from its body, its form glows like heated glass, then reverberates back into place. Divines The Divine, Arbitrage (it/its): The amoral machine turned de facto treasurer keeps the Frontier Syndicate a step ahead in all matters of commerce. Sole minter of “glint,” a newly popular currency on Palisade. The Divine Plight (she/her): Plight is a 40 meter tall, humanoid Divine cast in black metal armor, and wearing the of a judge or inquisitor. She conscripts the guilty into her army as Gambeson pilots, compelling their loyalty with terrible, Divine feelings of guilt. Hemlock, whose interest is fundamentally in punishment and not justice, was born heir to a mid-tier Kesh House, but jumped at the chance to become an Elect. The Divine Consecration: Though humanoid in shape, like most Nideo Divines, its chest is a vacuous cavity that serves a living forge. This open wound burns brightly, and Consecration can reach inside of it to produce a range of objects, or a sort of Divine molten metal which rapidly hardens as it is shaped by the Divine. But this is only half of its fearsome nature. Guided by the hand of its elect, a Sovereign Immunity devoutly committed to his role as armorer, Consecration also operates as Nideo's chief weaponsmith, Altar designer, and forge. The Divine Souciance: When the burgeoning Divine Principality left Palisade behind, the Divine Souciance carried doubts about the project. So bloody was the Embarkation, so strenuous the objection of those who opposed the Glass Duchy's rule, that Souciance—ever committed to careful consideration and compassionate concern—never found their place in the Empire, however grand the vision Nideo had presented before his death was. But, devoted to steady study, Souciance played their part for generations. It was not until the Divine Clash that they came to their decision: They could not be part of an empire so vast, so terrible, so cruel. And so they sought out a place where they could do what Divines no longer could. They sought out a grave. Mysteries The Iconoclasts: Something beyond the human, desperate to eradicate subjectivity itself. After their messenger, the Usher of Truth, was delivered to The Witch in Glass, they have found themselves serving a new master. Axioms: Once, these beings were made by a so-called "Post-Divine" as embodiments of particular ideals, supposedly detached from mortal perspective or subjectivity. Now, they are the emanation of one woman's ideals, given perfect, violent form. In this way, The Ingrate is the first of its kind. Perennial (she/her): The Principality's so-called 'adversary,' who lives at the center of the galaxy and whose chaotic whims spread through her "Perennial Wave," an ever-present nanoparticle that has recently bonded with Kalmeria. Hosted by Austin Walker (@austin_walker) Featuring Janine Hawkins (@bleatingheart) Sylvi Bullet (@sylvibullet), Ali Acampora (@ali_west), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), Keith J Carberry (@keithjcarberry) and Andrew Lee Swan (@swandre3000) Produced by Ali Acampora Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by by aurahack (aurahack.jp) With thanks to Arthur B., chocoube, DB, deepFlaw, Edwin Adelsberger, Emrys, Greg Cobb, huw, Ian O'Dea, Ian Urbina, Irina A., Jack Shirai, K. Morris, Katie Diekhaus, Konisforce, Kristina Harris Esq, L Tantivy, Lawson Coleman, Mike & Ruby, Nich Maragos, Olive Perry, Patrick Murray, Robert Lasica, Shawn Hall, TeganEden, Thomas Whitney, viviridian, and Voi for their support We are playing Armour Astir: Advent with additional playbooks from Strangers in the Night and 106th Astir Squadron. If you enjoy the show, consider supporting the TTRPG. This episode was made with support from listeners like you! To support us, you can go to friendsatthetable.cash.

music truth home night empire witches divine massive impossible figure ideal glass pack morris guided cor usher bis altar received elect sole db bounty pact consecration guards centuries dissent lantern ttrpg meters troop chimera wires arbitrage perennial voi adagio barricades hemlock modeled logistical principality devotees palisade kesh divines patrick murray austin walker emrys apostolos embarkation sovereign immunity stargrave midnite matinee quidt ali acampora nich maragos

PALISADE 24: An Impossible Ideal Pt. 3

Play Episode Listen Later Sep 1, 2023 145:41

This episode carries content warnings for vomiting, mass death/genocide, mind control, manipulation, body horror, forced body modification, and extreme heat. They arrive in the long rings of the Stellar Combustor to no greeting, and this they are thankful for. The path to their objective is known, but what lies on it (and what they'll find at its end) are not. As they travel the length of the arc, spanning half the circumference of the sun, they wonder: How are their friends, now traveling through lunar shadow, far across the solar system? How are their comrades? Might they find freedom in the dark as we search for it in the searing light? Futures tricked by the past / Spectre, how he laughs Dossier People Stargrave Elcessor (she/her): Leader of the Bilateral Interecession's occupation of Palisade, assigned personally by Cynosure Whitestar-Kesh. As a Stargrave, she has been granted the means and “right” to detonate the star at the center of Palisade's star system if she determines that those here are an existential threat to the Principality. Connadine (he/him): Commander of the BIS on Palisade. An expert in psychological operations and folklore. As a composer, his opus is the Adagio, a plan to get everyone on Palisade operating in ways not only predictable, but scripted. As a conductor, his orchestra now turns towards the second movement. Routine Rennari (he/him): Half-Apostolsian, scion of a minor Kesh noble house, and the Blue Channel's heavy. Mustard Red (she/her): A cyborg who once served as a member of Brink Proxy, with a speciality in surveillance. Joined the Cause during the Devotees expansion onto Palisade. Midnite Matinee (she/her): Leporine scout and member of the Blue Channel. She and her trusty Pack-model light AutoHollow Popcorn used to run a repo company, but now are tentatively committed to the Cause and Millennium Break. Places Chimera's Lantern: The second moon of Palisade, shaped oddly like a wasp's nest or paper lantern. New arrivals to the world find its occasional glow unnatural and frightening. Thisbe and the Figure found evidence that it could be tied to driving the bulk of ancient Divine Principality forces off of Palisade. Home to the Chimeric Cadent (they/them, it/its), along with the warded corpses of a number of Divines, including Sagacity, Dissent, Felicity, Barricade, and Bounty—its newest resident. Objects Gambeson: The Gambeson is only about 10 meters tall (less than half an Altar), but it is nevertheless a terrifying scourge of the battlefield. Modeled after an iron maiden, except with it's tortorous doors attached to its back serving as wings. Its head features a metalworked face, twisted into extreme and offputting smile. Its skeletal frame serves not only as body, but cage: pilots are criminal conscripts forced to pay off their “debt” to Kesh by the Divine Plight, earning their freedom through combat achievements. Paramerion: Cori's new Altar, as designed by her brother Formido. Constantly twitching and rippling underneath the regal embellishments of its filigreed armor. Massive metallic wings stay folded on its back, a smaller pair cover its eyes like a visor and the sickles jut out from its forearms when stowed. A halo shaped like a crown rotates above its skull-like head. The Stellar Combustor: A weapon of immense destruction, capable of destroying countless star systems if deployed without a firebreak. Has been used in some form or another since the time of the earliest Divines. In current form they take the form of a twirling, 3-ringed space station that rotates around a system's sun. BAC Secateurs: Designed and built on Chimera's Lantern by the Blessed Armory of Consecration, an Altar who holds itself in the form of a tortured saint, with sharp, crystaline “holy expressions” emerging from its body, like wounds in reverse. As it pulls these from its body, its form glows like heated glass, then reverberates back into place. Divines The Divine, Arbitrage (it/its): The amoral machine turned de facto treasurer keeps the Frontier Syndicate a step ahead in all matters of commerce. Sole minter of “glint,” a newly popular currency on Palisade. The Divine Plight (she/her): Plight is a 40 meter tall, humanoid Divine cast in black metal armor, and wearing the of a judge or inquisitor. She conscripts the guilty into her army as Gambeson pilots, compelling their loyalty with terrible, Divine feelings of guilt. Hemlock, whose interest is fundamentally in punishment and not justice, was born heir to a mid-tier Kesh House, but jumped at the chance to become an Elect. The Divine Consecration: Though humanoid in shape, like most Nideo Divines, its chest is a vacuous cavity that serves a living forge. This open wound burns brightly, and Consecration can reach inside of it to produce a range of objects, or a sort of Divine molten metal which rapidly hardens as it is shaped by the Divine. But this is only half of its fearsome nature. Guided by the hand of its elect, a Sovereign Immunity devoutly committed to his role as armorer, Consecration also operates as Nideo's chief weaponsmith, Altar designer, and forge. The Divine Souciance: When the burgeoning Divine Principality left Palisade behind, the Divine Souciance carried doubts about the project. So bloody was the Embarkation, so strenuous the objection of those who opposed the Glass Duchy's rule, that Souciance—ever committed to careful consideration and compassionate concern—never found their place in the Empire, however grand the vision Nideo had presented before his death was. But, devoted to steady study, Souciance played their part for generations. It was not until the Divine Clash that they came to their decision: They could not be part of an empire so vast, so terrible, so cruel. And so they sought out a place where they could do what Divines no longer could. They sought out a grave. Mysteries The Iconoclasts: Something beyond the human, desperate to eradicate subjectivity itself. After their messenger, the Usher of Truth, was delivered to The Witch in Glass, they have found themselves serving a new master. Perennial (she/her): The Principality's so-called 'adversary,' who lives at the center of the galaxy and whose chaotic whims spread through her "Perennial Wave," an ever-present nanoparticle that has recently bonded with Kalmeria. Hosted by Austin Walker (@austin_walker) Featuring Janine Hawkins (@bleatingheart) Sylvi Bullet (@sylvibullet), Ali Acampora (@ali_west), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), Keith J Carberry (@keithjcarberry) and Andrew Lee Swan (@swandre3000) Produced by Ali Acampora Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by by aurahack (aurahack.jp) With thanks to Arthur B., chocoube, DB, deepFlaw, Edwin Adelsberger, Emrys, Greg Cobb, huw, Ian O'Dea, Ian Urbina, Irina A., Jack Shirai, K. Morris, Katie Diekhaus, Konisforce, Kristina Harris Esq, L Tantivy, Lawson Coleman, Mike & Ruby, Nich Maragos, Olive Perry, Patrick Murray, Robert Lasica, Shawn Hall, TeganEden, Thomas Whitney, viviridian, and Voi for their support We are playing Armour Astir: Advent with additional playbooks from Strangers in the Night and 106th Astir Squadron. If you enjoy the show, consider supporting the TTRPG. This episode was made with support from listeners like you! To support us, you can go to friendsatthetable.cash.

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PALISADE 23: An Impossible Ideal Pt. 2

Play Episode Listen Later Aug 27, 2023 131:57

This episode carries content warnings for body horror, discussion of mass destruction/death, small/tight spaces, indentured servants and slavery, torture, forced body modification, and extreme heat. The ball is in the air; water pours from the pitcher; the rope draws taut. The Blue Channel hides in the shadow of the Chimera's Lantern, and everyone on board holds their breath. Inside the strange moon, the search for a new source of power—and thus, stability and freedom—for the Figure continues. It is a mission taken in the highest faith, possible only because its members believe utterly in Brnine, Phrygian, and Routine's ability to infiltrate and dismantle the Stellar Combustor, one way or the other. Of course, they aren't the only ones moving… And in between the gaps of the stars / We lay in the dark Dossier People Stargrave Elcessor (she/her): Leader of the Bilateral Interecession's occupation of Palisade, assigned personally by Cynosure Whitestar-Kesh. As a Stargrave, she has been granted the means and “right” to detonate the star at the center of Palisade's star system if she determines that those here are an existential threat to the Principality. Connadine (he/him): Commander of the BIS on Palisade. An expert in psychological operations and folklore. As a composer, his opus is the Adagio, a plan to get everyone on Palisade operating in ways not only predictable, but scripted. As a conductor, his orchestra now turns towards the second movement. Routine Rennari (he/him): Half-Apostolsian, scion of a minor Kesh noble house, and the Blue Channel's heavy. Mustard Red (she/her): A cyborg who once served as a member of Brink Proxy, with a speciality in surveillance. Joined the Cause during the Devotees expansion onto Palisade. Midnite Matinee (she/her): Leporine scout and member of the Blue Channel. She and her trusty Pack-model light AutoHollow Popcorn used to run a repo company, but now are tentatively committed to the Cause and Millennium Break. Places Chimera's Lantern: The second moon of Palisade, shaped oddly like a wasp's nest or paper lantern. New arrivals to the world find its occasional glow unnatural and frightening. Thisbe and the Figure found evidence that it could be tied to driving the bulk of ancient Divine Principality forces off of Palisade. Objects Gambeson: The Gambeson is only about 10 meters tall (less than half an Altar), but it is nevertheless a terrifying scourge of the battlefield. Modeled after an iron maiden, except with it's tortorous doors attached to its back serving as wings. Its head features a metalworked face, twisted into extreme and offputting smile. Its skeletal frame serves not only as body, but cage: pilots are criminal conscripts forced to pay off their “debt” to Kesh by the Divine Plight, earning their freedom through combat achievements. Paramerion: Cori's new Altar, as designed by her brother Formido. Constantly twitching and rippling underneath the regal embellishments of its filigreed armor. Massive metallic wings stay folded on its back, a smaller pair cover its eyes like a visor and the sickles jut out from its forearms when stowed. A halo shaped like a crown rotates above its skull-like head. The Stellar Combustor: A weapon of immense destruction, capable of destroying countless star systems if deployed without a firebreak. Has been used in some form or another since the time of the earliest Divines. In current form they take the form of a twirling, 3-ringed space station that rotates around a system's sun. BAC Secateurs: Designed and built on Chimera's Lantern by the Blessed Armory of Consecration, an Altar who holds itself in the form of a tortured saint, with sharp, crystaline “holy expressions” emerging from its body, like wounds in reverse. As it pulls these from its body, its form glows like heated glass, then reverberates back into place. Divines The Divine, Arbitrage (it/its): The amoral machine turned de facto treasurer keeps the Frontier Syndicate a step ahead in all matters of commerce. Sole minter of “glint,” a newly popular currency on Palisade. The Divine Plight (she/her): Plight is a 40 meter tall, humanoid Divine cast in black metal armor, and wearing the of a judge or inquisitor. She conscripts the guilty into her army as Gambeson pilots, compelling their loyalty with terrible, Divine feelings of guilt. Hemlock, whose interest is fundamentally in punishment and not justice, was born heir to a mid-tier Kesh House, but jumped at the chance to become an Elect. The Divine Consecration: Though humanoid in shape, like most Nideo Divines, its chest is a vacuous cavity that serves a living forge. This open wound burns brightly, and Consecration can reach inside of it to produce a range of objects, or a sort of Divine molten metal which rapidly hardens as it is shaped by the Divine. But this is only half of its fearsome nature. Guided by the hand of its elect, a Sovereign Immunity devoutly committed to his role as armorer, Consecration also operates as Nideo's chief weaponsmith, Altar designer, and forge. Mysteries Perennial (she/her): The Principality's so-called 'adversary,' who lives at the center of the galaxy and whose chaotic whims spread through her "Perennial Wave," an ever-present nanoparticle that has recently bonded with Kalmeria. Hosted by Austin Walker (@austin_walker) Featuring Janine Hawkins (@bleatingheart) Sylvi Bullet (@sylvibullet), Ali Acampora (@ali_west), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), Keith J Carberry (@keithjcarberry) and Andrew Lee Swan (@swandre3000) Produced by Ali Acampora Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by by aurahack (aurahack.jp) With thanks to Arthur B., chocoube, DB, deepFlaw, Edwin Adelsberger, Emrys, Greg Cobb, huw, Ian O'Dea, Ian Urbina, Irina A., Jack Shirai, K. Morris, Katie Diekhaus, Konisforce, Kristina Harris Esq, L Tantivy, Lawson Coleman, Mike & Ruby, Nich Maragos, Olive Perry, Patrick Murray, Robert Lasica, Shawn Hall, TeganEden, Thomas Whitney, viviridian, and Voi for their support We are playing Armour Astir: Advent with additional playbooks from Strangers in the Night and 106th Astir Squadron. If you enjoy the show, consider supporting the TTRPG. This episode was made with support from listeners like you! To support us, you can go to friendsatthetable.cash.

leader night divine massive impossible figure ideal routine pack strangers morris guided bis altar commander elect sole db consecration plight lantern ttrpg chimera arbitrage voi adagio hemlock modeled principality devotees palisade kesh divines phrygian patrick murray austin walker emrys sovereign immunity stargrave midnite matinee quidt ali acampora nich maragos

You Can't Come for the King - Sovereign Immunity - Live at Anthrocon

Boozy's Legal Funhouse

Play Episode Listen Later Jul 10, 2023 82:17

Join Boozy and his certified legal layman, Alkali, for a discussion of Sovereign Immunity and why you can't sue the government even when the coroner completely messes up their job in this special recording made LIVE at Anthrocon 2023!Legal Funhouse Theme by Status Ferret. Check out his stuff here!Support the showSupport Boozy over on Patreon, or maybe watch him at Twitch You can tip him at Paypal of Send him a Ko-Fi as well! If you want to support Alkali, you can do that at Alkali & Xanni's Twitch channel or on their Patreon!

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Navigating Foreign Sovereign Immunity in Real Estate Transactions

The Property Line

Play Episode Listen Later May 22, 2023 14:23

Foreign sovereigns frequently engage in real estate transactions in the United States, ranging from embassies and consulates leasing property for their offices to sovereign wealth funds investing in real estate. Owners of real estate might interact with foreign sovereigns for other reasons as well — for example, if your neighbor is an embassy or consulate, you may need to negotiate access during construction or repair work. Because foreign sovereigns are generally immune from lawsuits in the U.S., property owners negotiating leases and other contracts should be aware of certain key points regarding sovereign immunity. In this episode, Owen Wolfe and Eddy Salcedo join James O'Brien to discuss the key points that property owners should keep in mind when dealing with foreign sovereigns. View Owen and Eddy's related blog post here: https://www.internationaldisputeresolutionlaw.com/2023/03/new-york-state-court-decision-provides-practice-guidance-for-sovereigns-and-landlords/

united states navigating owners foreign real estate transactions sovereign immunity

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (May 11, 2023) (PROMESA, Sovereign Immunity, Fiscal Transparency)

Warfare of Art & Law Podcast

Play Episode Listen Later May 13, 2023 23:29

Audio of the opinion of the Court in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (May 11, 2023) Music by Epidemic Sound

music court puerto rico transparency centro fiscal promesa epidemic sound management board sovereign immunity periodismo investigativo financial oversight

Nautilus Productions' Co-Founder Rick Allen On the Infamous Pirate Blackbeard, the Queen Anne's Revenge Shipwreck, Copyright Infringement, State Sovereign Immunity & Artists' Rights

Play Episode Listen Later Feb 5, 2023 76:56

Cover photo of Rick Allen - copyright Cindy Burnham, Lucky Shot Productions Show Notes:September 2022 2ND Saturday Discussion:1:04 Background of Blackbeard and Queen Anne's Revenge4:00 Intersal handed shipwreck over to NC; kept media rights, replica rights4:45 Allen's shooting underwater footage to document recovery of shipwreck5:50 Allen agreed to license his footage and give Intersal 25% gross profits from that6:25 2013 - changes with new NC administration - NC had been using footage commercially7:25 NC hired other production companies in violation of Intersal's media rights7:45 Intersal filed complaint in NC's Office of Administrative Hearings 7:55 Allen revoked NC's rights to use Allen's footage8:00 Oct 2013 settlement w/ NC, Intersal and Allen9:10 NC violations of settlement935 2015 Blackbeard's Law 10:15 Dec 2015 - Allen's suit against NC 10:45 Copyright Remedy Clarification Act12:10 9-0 ruling by SCOTUS that CRCA was unconstitutional13:50 Motion for Reconsideration14:25 takings clause argument 15:25 NC appealed district court's grant of MFR to the 4th Circuit16:00 summary of timeline18:00 Jan Felman's question 20:20 Indiana suit sited Allen v. Cooper 20:50 Michael Bynum's suit against Texas A&M over copyright infringement23:35 Andrew Smith's question 25:15 pattern by the state required - 16 cases cited by Allen of states violating copyrights26:00 US copyright office verified 160 cases initiated against states for copyright violations28:10 Emily Gould's question 31:30 Summary of points from Q&A32:45 financial impact of a museum created for shipwreck on the NC community36:20 Andrew Smith's FU questions 38:30 Gina McKlveen's question 43:23 Enid Lutswana's question January 2023 Conversation:47:00 Update on Allen v. Cooper47:51 January 2023 stay lifted; denied NC's petition requesting court to reconsider granting motion for reconsideration; and granted request to file amended complaint 49:00 NC's Blackbeard Law alleged to be bill of attainder51:00 Texas A&M case 51:45 bills filed re: libraries to be charged fees by book publishers52:25 Jim Olive lost suit against Univ of Houston over its misuse of photograph 52:10 Indiana case over software 54:15 TX Supreme Court in Olive ignored SCOTUS decision in Allen that held copyrights are property55:30 Allen's view of the precedent he's creating58:25 NC's failure to reach out to settle suit59:45 whether Allen's view of justice has been jaded01:01:30 chilling effect from NC's position01:03:50 definition of justice 01:06:00 the legacy he hopes to create01:08:00 Allen's legal team01:11:00 status of shipwreck project01:11:30 Intersal's pending breach of contract suit against NC 01:12:15 loss of artifacts and context at wreck site due to time delayPlease share your comments and/or questions at stephanie@warfareofartandlaw.comTo hear more episodes, please visit Warfare of Art and Law podcast's website.To view rewards for supporting the podcast, please visit Warfare's Patreon page.To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com. Thanks so much for listening!© Stephanie Drawdy [2022]

Lawfare Archive: The Past, Present and Future of Sovereign Immunity

The Lawfare Podcast

Play Episode Listen Later Jan 21, 2023 64:24

From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these developments and where they may be headed, Scott R. Anderson sat down with two leading scholars on sovereign immunity issues: Chimène Keitner, a professor at the UC Hastings School of Law and a former counselor on international law at the U.S. State Department, and Ingrid Wuerth, a professor at Vanderbilt University Law School and one of the reporters for the American Law Institute's Fourth Restatement on U.S. foreign relations law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

united states law congress supreme court acast archive past present state department lawfare chim american law institute vanderbilt university law school sovereign immunity foreign sovereign immunities act fsia scott r anderson

Lazarus Syndrome

Standard of Care Podcast

Play Episode Listen Later Jan 10, 2023 55:37

It's the stuff of nightmares and horror stories: the dead rising from the grave. On August 23, 2020, it happened in Michigan after a woman who was declared deceased by the responding EMS crew “woke up” in a funeral home. Her case has been described as an instance of “Lazarus Syndrome”, or “autoresuscitation after failed cardiopulmonary resuscitation”, but was it this rare condition or negligence on the part of the providers? Nick and Samantha discuss the family's $50 million lawsuit against the City and the providers and examine the clinical and legal issues around patients presumed to be deceased. Please like, comment, and subscribe!    Links:  Erika Lattimore, as Guardian of Timesha Beauchamp, An Incapacitated Person v. City of Southfield, Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll, In Their Individual Capacity, Jointly And Severally, United States District Court for the Eastern District of Michigan, Civil Action File No. 2:20-cv-12738, filed October 8, 2020. Complaint available at: http://www.firelawblog.com/wp-content/uploads/sites/19/2020/10/US_DIS_MIED_2_20cv12738_COMPLAINT_filed_by_All_Plaintiffs_against_All_Defe.pdf Michael Storms, Scott Rickard, Phillip Mulligan, and Jake Kroll v. Oakland County Medical Control Authority et al., United States District Court for the Eastern District of Michigan, Civil Action File No. 4:20-cv-12457, filed September 8, 2020. Katherine Mims Crocker, Qualified Immunity, Sovereign Immunity, and Systemic Reform, 71 Duke L.J. 1701-1780 (2022), available at: https://scholarship.law.duke.edu/dlj/vol71/iss8/1 Hutchinson, D. and MacDonald, M., (2020, September 16, updated 2020, October 19), “She's Still Breathing”: Hear 911 Call From Moment Workers Realized Southfield Woman Declared Dead Was Alive, ClickOnDetroit https://www.clickondetroit.com/news/local/2020/09/16/shes-still-breathing-hear-911-call-from-workers-realized-southfield-woman-declared-dead-was-alive/ Kaur, H. et al., (2020, October 20), Family of Woman Who Died Weeks After She Was Found Alive at a Funeral Home Sues Paramedics For $50 Million, CNN, https://www.cnn.com/2020/10/20/us/timesha-beauchamp-dies-lawsuit-trnd McEvoy, M., (2019, June 21), “Dead Wrong”, EMS1.com https://www.ems1.com/ems-products/medical-monitoring/articles/dead-wrong-RXW3893p2D3u8R3T/ Varone, K. (host). (2020, September 13). Interview With Attorney For Disciplined Michigan Firefighters In Mistaken Death Pronouncement (No. 35) [Audio podcast episode]. Fire Law Blog. https://podcasts.apple.com/us/podcast/podcast-episode-35-interview-with-attorney-for/id876773998?i=1000491102861 White, E., (2020, December 10), Paramedics Who Wrongly Pronounced Timesha Beauchamp 'Dead' Can Regain Licenses, Detroit Free Press https://www.freep.com/story/news/local/michigan/2020/12/10/timesha-beauchamp-paramedics-regain-licenses/3883480001/ WXYZ Detroit, (2020, October 8), Fieger Files $50 Million Lawsuit in Case of Woman Found Alive After Being Pronounced Dead, https://www.wxyz.com/news/fieger-files-50-million-lawsuit-in-case-of-woman-found-alive-after-being-pronounced-dead See omnystudio.com/listener for privacy information.

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Lawfare Archive: The Past, Present and Future of Sovereign Immunity

The Lawfare Podcast

Play Episode Listen Later Nov 24, 2022 64:05

Clendening v. United States (Nov 7, 2022) Justice Thomas Dissenting to Denial of Certiorari (Injured Military Personnel, Federal Tort Claims Act)

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

Play Episode Listen Later Nov 13, 2022 8:45

Justice Thomas Dissenting to Denial of Certiorari in Clendening v. United States (Nov 7, 2022) Case Keywords: Injured Military Personnel, Federal Tort Claims Act (FTCA), Feres v. United States (1950), Feres doctrine, injury incident to military service, Camp Lejeune, U.S. Sovereign Immunity. Contact the Show Music and Sound Effects by Epidemic Sound

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364: Listen and Learn -- State Sovereign Immunity (Con Law)

Play Episode Listen Later Oct 23, 2022 15:08

Welcome back to the Law School Toolbox podcast! Today we're talking about state sovereign immunity, pursuant to the Eleventh Amendment to the U.S. Constitution. In this episode we discuss: What does the Eleventh Amendment to the U.S. Constitution establish? Where the state sovereign immunity doctrine does and does not apply Exceptions to state sovereign immunity – or when a party can sue a state Analyzing two hypos from previous California bar exams Resources: “Listen and Learn” series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2016 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/July2016_CBXSelectedAnswers_EssayQuestions1-6_R.pdf) Download the Transcript (https://lawschooltoolbox.com/episode-364-listen-and-learn-state-sovereign-immunity-con-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

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The Chisholm Trail

Plausibly Live! - The Official Podcast of The Dave Bowman Show

Play Episode Listen Later Sep 22, 2022 26:51

As we've seen, Brutus is deeply concerned that the proposed Constitution will result in a government that extends its reach into every aspect of Americans lives. And not in a good way. We turn next to Brutus' concerns about the judiciary. He will explain that it's too complicated for a simple everyday man such as himself to completely grasp - because, he reminds us - lawyers make everything over complicated on purpose. He points out that the plain language of the text would eliminate the long standing Sovereign Immunity of the States. Hamilton and Madison will argue - vociferously - that is not the case, that nothing has changed. Meanwhile in South Carolina, an executor for the estate of a man who sold Georgia some much needed supplies during the War, hasn't been paid by Georgia. Mr. Chisholm seemingly has no recourse to recover the unpaid funds... or... will he? --- Send in a voice message: https://anchor.fm/plausibly-live/message

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The Road to PALISADE 04: Last Shooting