Podcasts about sovereign immunity

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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

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.

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

It's a New Day with Rip Daniels

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.

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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]

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

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.

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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 rye cas ttrpg syndicate stel voi principality holy church partizan palisade kesh divines patrick murray austin walker apostolos emrys branched sovereign immunity free states gallica quidt ali acampora nich maragos

Sovereign Immunity Defeats Claim

Zalma on Insurance

Play Episode Listen Later Sep 26, 2023 5:56

Indian Tribe's Sovereign Immunity Limits Waived by Insurance if Claimant Complies with Waiver Requirements The Seminole Tribe of Florida ("the Tribe") appealed an order denying its motion to dismiss based on sovereign immunity. The trial court rejected the Tribe's contention that Jose Webster did not comply with the terms of the sovereign immunity waiver contained in the 2010 Gaming Compact (the Compact). The Compact required, among other conditions, that the Tribe and its insurance carrier have one year to resolve a claim after a Patron gives notice of the claim, and if the claim is not settled in that time, the Patron may file suit. In Seminole Tribe Of Florida, d/b/a Seminole Gaming v. Jose Webster, No. 4D2022-3448, Florida Court of Appeals, Fourth District (September 13, 2023) the Tribe asserted in the motion to dismiss that the defendant failed to comply with the required conditions because he sued the Tribe within one year of having given written notice of the underlying claim. The trial court denied the motion, because the last of three variations of the plaintiff's complaint filed would have complied with the Compact. As a federally recognized Indian tribe, the Seminole Tribe is entitled to sovereign immunity over all claims unless such immunity is abrogated by Congress or waived by the Seminole Tribe. Further, a waiver must be strictly construed with any ambiguities being resolved against waiver. Webster was a patron at the Seminole Hard Rock Hotel & Casino Hollywood (the "Casino") in September 2019. He claims the Tribe was negligent in failing to protect him from criminal acts which allegedly occurred at the Casino during his visit. In January 2020, Webster timely provided written notice of his claim to the facility. Two months later, Webster sued "Seminole Hard Rock Entertainment, Inc. d/b/a Seminole Hard Rock Casino." The proper defendant was the "Seminole Tribe of Florida d/b/a Seminole Hard Rock Hotel &Casino-Hollywood. The trial court denied the Tribe's motion to dismiss without prejudice. DISCUSSION The first amended complaint and second amended complaint named the Tribe, albeit each stating a different fictitious name. Those complaints alleged the same tort cause of action against the Tribe. Even if the fictitious name may be in error, the fact remains that the real party in interest, and the proper defendant, is the Tribe. The Tribe contends that Webster failed to comply with the Compact's Section VI.D.4. by filing the first amended complaint within the one-year pre-suit period set by the Compact, and Webster's failure to strictly follow the Compact's procedures bars his claim. The record does not include proof that the Tribe responded to Webster's claim within thirty days of his written notice. Therefore, although Webster's first amended complaint commenced suit against the Tribe within one year of his notice of claim his original suit did not. For the foregoing reasons, the appellate court reversed the order denying sovereign immunity and remand for further proceedings. ZALMA OPINION Sovereigns, like the tribe can only be sued if the sovereign entity agrees. The tribe agreed to waive the immunity if certain conditions were met. Webster failed to meet the requirements of the waiver compact and, as a result, he could not sue as he did. The tribe had insurance and he needed to provide the insurer with the time and opportunity to settle his claim. By prematurely suing he was unable to take advantage of the waiver. (c) 2023 Barry Zalma & ClaimSchool, Inc. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

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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.

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PALISADE 24: An Impossible Ideal Pt. 3

university education state supreme court baltimore insurance corporations fcc concluding general assembly msu waiver united states department morgan state university public broadcasting fourth circuit usca appellant sovereign immunity

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.

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

Sovereign Immunity

Zalma on Insurance

Play Episode Listen Later Aug 28, 2023 8:32

Waiver of Sovereign Immunity Does Not Apply to Federal Statutory Claims The doctrine of sovereign immunity is an "ancient" concept. It is the long-established view that a sovereign, such as a state, is "infallible," and, thus, immune from suit "absent the State's consent." The General Assembly provided such consent in the Maryland Tort Claims Act which waives the State's immunity. In Michele Williams v. Morgan State University, et al., No. 9-2022, Maryland Supreme Court (August 14, 2023) the Supreme Court advised the Fourth Circuit of its evaluation of the states statute waiving the State's immunity to a tort action in a court of the State. As to her federal claims against MSU, Appellant alleges that her termination by MSU was impermissible retaliation for disclosing that the University, primarily Dean Wickham, had overstated "the University's operating costs to the Corporation for Public Broadcasting and the United States Department of Education and . . . attempted to influence the 2016 Baltimore mayoral race by violating FCC regulation[s]." Eventually, the Fourth Circuit certified a question of law to the Supreme Court: “Does Maryland's waiver of sovereign immunity for ‘a tort action' under the MTCA extend to federal statutory claims?” BACKGROUND Under the MTCA, a party injured by the negligent act or omission of a state officer or employee within the scope of the officer's or employee's public duties may obtain compensation for that injury from the State. By its plain terms, the statute provides that the scope of the State's waiver of sovereign immunity is not waived for, among other things, "[a]ny tortious act or omission of State personnel that: (i) [i]s not within the scope of the public duties of the State personnel; or (ii) [i]s made with malice or gross negligence[.]" The other central component of the MTCA, in addition to its waiver of the State's sovereign immunity for tortious acts or omissions by State personnel, is a corresponding immunity from suit and from liability in tort for State personnel. The MTCA also contains certain limitations on the scope of the waiver of the State's sovereign immunity beyond those that are dependent on the actions of the State personnel. ANALYSIS The Supreme Court concluded, and so advised the USCA that the MTCA does not waive the State's sovereign immunity for federal statutory claims. Concluding that the General Assembly did not intend for "a tort action" under the MTCA to include federal statutory causes of action the Supreme Court noted that the MTCA's waiver provision contains no express language indicating such a result, and the General Assembly knows how to effectively waive the State's immunity, if that is its goal. Furthermore, extending the scope of the waiver provision to federal statutory claims is inconsistent with both the key, neighboring provisions concerning the interplay between the State and a State employee's immunity in certain suits, as well as the MTCA's role as a gap-filler scheme. The certified question posed by the Fourth Circuit, and slightly rephrased by the Supreme Court is whether "a tort action" under the MTCA includes federal statutory claims. The Supreme Court's answer was "no." It so held because, after assessing the plain language of the MTCA, there is no evidence that the General Assembly intended to include federal statutory claims within the scope of the MTCA. ZALMA OPINION Every person dealing with insurance for public entities, the MSU, must understand the application of sovereign immunity that limits the need of such public entities to secure insurance to protect the governmental entity from charges that have not been waived. Insurance calculations should be limited to the needs of the entity to protect against those things where the state has waived sovereign immunity and not where sovereign immunity was not waived. (c) 2023 Barry Zalma & ClaimSchool, Inc. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

PALISADE 23: An Impossible Ideal Pt. 2

united states navigating owners foreign real estate transactions sovereign immunity

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.

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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/

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

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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

Sovereign Immunity

Zalma on Insurance

Play Episode Listen Later Apr 23, 2023 9:46

It's Hard to Sue the U.S. Government Without Its Permission RobeIrta Jean Champlin appealed a decision from the United States Court of Federal Claims dismissing for lack of subject matter jurisdiction her claim that the United States must pay damages for the nonpayment of life insurance proceeds from her deceased former husband's Federal Employees Group Life Insurance policy. In Roberta Jean Champlin v. United States, No. 2022-1402, United States Court of Appeals, Federal Circuit (April 10, 2023) Ms. Champlin sought payment of a Federal Employees' Group Life Insurance (FEGLI) policy after he ex-husband died because her divorce decree granted her half ownership in the policy. BACKGROUND The Federal Employees' Group Life Insurance Act (FEGLIA) establishes a group life insurance program for federal employees. The United States Office of Personnel Management (OPM) is responsible for managing FEGLI polices and has entered a contract with Metropolitan Life Insurance Company (MetLife) to provide insurance to federal employees. FEGLI proceeds are to be paid in the following order of precedence: (1) designated beneficiaries; (2) widowed spouse; (3) children or descendants; (4) parents of deceased; (5) executor or administrator of the estate; and (6) next of kin. Factual & Procedural Background Lewis Dean Champlin, during and after his marriage to Ms. Champlin, had life insurance through a FEGLI policy. In September 2012, the Champlins divorced. As part of their divorce proceedings, Ms. Champlin obtained from the Alaskan state divorce court "award[ed Ms. Champlin] the option to continue maintaining a one-half interest in that policy . . . [while Mr. Champlin] ha[d] the option of paying the other half of the policy and c[ould] designate whoever he chooses to be beneficiary to the other half of the policy benefits." Ms. Champlin paid for half of the policy thereafter. On January 3, 2016, Mr. Champlin died. Ms. Champlin did not receive her half of the proceeds of his life insurance policy. Instead the proceeds were paid to Mr. Champlin's designated beneficiary at the time of his death-Marilyn Susano. Ms. Champlin sued the United States in the Court of Federal Claims, alleging that she is entitled to half of Mr. Champlin's issued life insurance coverage and further requesting a judgment directing the United States to pay her half of the FEGLI proceeds. The OPM authorized MetLife to provide life insurance, and MetLife established an administrative office, which is responsible for administering FEGLI claims. The Court of Federal Claims noted that it found that Ms. Champlin's complaint made no claim for a breach of a legal duty, only a claim to obtain money due under the FEGLI policy. (c) 2023 Barry Zalma & ClaimSchool, Inc. Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe. Consider subscribing to my publications at substack at https://barryzalma.substack.com/publish/post/107007808 Barry Zalma, Esq., CFE is available at http://www.zalma.com and zalma@zalma.com Follow me on LinkedIn: www.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257 Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

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

Warfare of Art & Law Podcast

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

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

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)

Roberts Law Office Injury Podcast

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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School Bus Collisions and Injuries

Play Episode Listen Later Oct 26, 2022 30:51

Episode 47: Western Kentucky injury attorney Jeff Roberts discusses school bus collisions resulting in injuries to the students on board. No parent wants to receive that phone call. These cases can be complicated by factors such as sovereign immunity. However, Jeff explains how these cases are generally handled and who may be held accountable, when negligence is involved. Is It Time to Speak with an Attorney about a School Bus Injury Claim? The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff's principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.

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

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

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

california constitution analyzing portals exceptions sovereign immunity con law

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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A Cautionary Tale on the Interplay of Sovereign Immunity and International Arbitration

Brief Encounters

Play Episode Listen Later Sep 21, 2022 26:06

At the center of Process & Industrial v. Nigeria is a multibillion-dollar arbitration award issued in 2015 in London. In the years since, protracted court proceedings over the fate of this award have unfolded on three continents. The latest phase of this saga required the D.C. Circuit Court to weigh in on how Nigeria's agreement to the New York Convention interplays with its sovereign immunity defense. In this episode, Mike Ehrenstein, a trial lawyer with experience representing sovereigns in these kinds of cases, and Kiran Nasir Gore, an international arbitration expert, discuss the clash between international dispute resolution and public policy. They touch on hot topics, including best practices for handling corruption and fraud allegations, policy concerns raised by arbitral awards that imply the fate of taxpayer dollars, and the future of the sovereign immunity defense. Please note, the positions and opinions expressed by the speakers are strictly their own, and do not necessarily represent the views of their employers, nor those of the D.C. Bar, its Board of Governors or co-sponsoring Communities and organizations. Thank You to Our Sponsor! LawPay was developed specifically to help law firms streamline billings and collections, providing a simple, secure solution for legal clients to pay their bills. LawPay is the industry leader in legal payments, providing a cost-effective solution for more than 50,000 law firms across the country.

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The Road to PALISADE 04: Last Shooting

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

Play Episode Listen Later Sep 16, 2022 232:14

This episode carries content warnings for violence, death, and colonization. For the first few years of the war, those in the central depths of Nideo space felt safe. In order to reach them, the Pact would first have to push through an unthinkable amount of territory—much of it well defended. What they did not expect was an Apostolosian sneak attack arriving through the deep space that separates two galactic arms. And when they arrived, it was not simply an invasion. It was an invitation to a morbid race: Who would conquer Palisade—and the Twilight Mirage Beyond—first. At the forefront of this conflict, two pilots arose. This is their story. This week on the Road to Palisade: Last Shooting Records Recovered from the Divine, Arbitrage Factions Stel Nideo: WIth origins in the long lost Twilight Mirage, Stel Nideo are architects of our current era, dread controllers of the Present. Along with shaping mass media, popular culture, and educational standards, they now operate both Received and Progressive Asterism, the former run by the corrupt Cycle and the latter by the grotesque puppet of the lost prophet Gur Sevraq. These priests, pop idols, and patriotic poster children are largely aligned with the Curtain of Divinity. Stel Orion: For hundreds of thousands of years, Stel Orion—under countless names and forms—has repeated a cycle of exploitation and revolution. Competing spirits of individualism and camaraderie ebb and flow, but industry remains. Is it any wonder that it remains associated with the raw breadth of Space itself? Currently, Orion is at war with itself, with countless small factions not only differing in position on the larger civil war in the Principality, but also on many additional issues like wealth, religion, and culture. Stel Apostolos: An ancient people, ever obsessed with external conquest and internal freedom, and utterly uninterested in understanding their own contradictions. They are dedicated to the pursuit of forward Motion, and I suppose I can respect such bullheaded devotion. It is, at the very least, not boring. They are the meat and muscle of the Pact of Necessary Venture. The Curtain of Divinity: For generations, the Curtain of Divinity operated in the shadows of the Principality, partly as intelligence agency, partly as shadow government. Now they have been dragged into the daylight, and serve as one of the two ruling factions of the whole Principality. Though there are some divisions along questions of secularity, humanism, and cultural taste, in general, leaders of the Curtain are conservative, traditionalist, and nationalistic. They seek the reunification of all five Stels and the permanence of the Divine Principality. Led, in public at least, by Cynosure Whitestar-Kesh, the Peaceful Princept. In fact, the Curtain has five divisions, each led by a ruthless individual known only by a codename: Silk (diplomacy), Damask (research & inquisition), Lace (military), Linen (economics), and Gabardine (espionage and collaboration). The Pact of Necessary Venture: As their (current) name suggests, the Pact began as a cooperative exploratory committee founded in the late 14th Century of the Perfect Millennium. They sought new territory to conquer, breaking an old taboo in the process, and inviting destruction and fracture. Which is appropriate, as their vision for the future is one where each Stel is granted more autonomy and independence—some even claim that they would see the Principality utterly destroyed and replaced by a loose affiliation of free states. Despite this, the Pact are no radicals: While they want more independence from the Principality, they have little interest in shaking up the internal power structures of the Stels themselves. After all, their founders were all Elects, and though only two remain (Gallica, elect of the Divine Present, and Rye, elect of the divine Space), they are led by Dahlia, who serves as both Apokine and Glorious Princept. Persons Cor'rina Corrine (cor/cors): Drawing cor root name for the Eidolon Corridor, a famed Apostolosian peace maker, is it any wonder that Cor'rina Corrine, ace pilot of the Pact's forces near Palisade, is a naive idealist? Misericorde 'Miseri' (he/they): Heir to a disgraced family who sided with the rebellious Sovereign Immunity once known as The Farmer. Seeks to restore his family's name by any means necessary. Dahlia (they/them): The self-proclaimed “Glorious Princept” and Apokine of Apostolos has the support of the Pact of Venture, yet seems more concerned with winning the war against the Branched than attending to the civil war inside of the Principality. Dahlia is the elect not only of Integrity but also Commitment. A feat, a folly, or both? Locations The Skarnoc Debris Fields: The remnants of a battle from the era before the Twilight Mirage, where the Rapid Evening fought and lost the Divine Nobility. Besides the normal ship debris, the field has gathered strange crystalline spires. Articles The Portcullis System & The Divine Space: Huge, distended hexagonal gates that float at the edge of key systems throughout the Principality. Once a week—or more often, if one has the keys to the kingdom—each one connects to one other, forming a faster-than-light highway that serves as the logistical backbone of the galaxy. Built by Orion, the technology is a perversion of that used by some of the earliest Divines, tens of thousands of years. Miscellany The Perennial Wave: Perennial is something like a god, or at least I think she imagines she is. Her wave is her arrogant whim, made manifest. Functionally infinite nano-particles, spread throughout the galaxy, hampering all technology except (curiously) Divines. Kalmeria Particle: A so-called miracle of modern science, providing those that master it power akin to what was wielded before the Perennial Wave. Like most miracles, there is an explanation, but most people have neither the knowledge of nor interest in what it really is or where it came from. Some know that it is named for the rogue engineer Kal'Mera Broun, but few know that it is the result not only of their research into the divine Asepsis, but also the particular consequences of Millennium Break's battle with Motion and her siphoning of so-called “Autonomy Itself.” Hosted by Austin Walker (@austin_walker) Featuring Andrew Lee Swan (@swandre3000) and Sylvia Clare Produced by Ali Acampora (@ali_west), Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot) You can purchase Last Shooting at https://my-name-is-grant.itch.io/last-shooting

music space drawing built divine commitment integrity farmers cycle shooting led motion cor competing venture divinity received heirs orion seeks curtain silk pact lace rye stel linen principality functionally palisade divines austin walker apostolos branched sovereign immunity gallica asepsis quidt ali acampora craig sheldon

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

Play Episode Listen Later Sep 12, 2022 15:13

Welcome back to the Bar Exam 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://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) 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://barexamtoolbox.com/episode-187-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/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) 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 Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

california constitution analyzing portals exceptions sovereign immunity con law

Andrew Tutt on the Torres Case, State Sovereign Immunity, and Congress's War Powers

morning crew sovereign immunity

Play Episode Listen Later Aug 22, 2022 43:31

One of the last decisions that the Supreme Court handed down this year was Torres v. Texas Department of Public Safety. Le Roy Torres, an Iraq war veteran and Texas state trooper, sued the state of Texas after he was denied an employment accommodation for injuries he sustained while on duty. The question in the case was whether the federal law that Torres sued under could subject states themselves to legal liability. In other words, as a constitutional matter, can Congress, when legislating under its war powers, limit the normal sovereign immunity that state governments enjoy? This is an important question, not just for veterans who want to vindicate their rights, but also more broadly because Congress's war powers are some of the broadest and most consequential that the federal government possesses.Lawfare senior editor Alan Rozenshtein talked through these issues with Andrew Tutt, a lawyer at the law firm of Arnold & Porter, who argued and won the case on behalf of Torres before the Supreme Court. Support this show http://supporter.acast.com/lawfare. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.

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Tax matters: what is the impact of the proposed restrictions to the UK sovereign immunity tax exemption?

The Freshfields Podcast

Play Episode Listen Later Aug 10, 2022 26:22

The UK government recently published an unexpected consultation setting out proposals to reform the existing UK sovereign immunity exemption from direct tax. The proposals include significantly restricting the scope as well as changing the eligibility criteria for this exemption. In this podcast Joshua Critchlow discusses the proposals in the consultation with London tax partners Helen Buchanan and May Smith and London tax associate Charlotte Anderson. This includes a detailed overview of the key proposals and the rationale for the proposals as well as discussion on which investors will be most impacted by these proposals. It is highlighted that the most significant implications are likely to be for sovereigns investing in UK real estate, including sovereign wealth funds and overseas government pension funds, as well as fund managers that have relied on the sovereign immune status being available for investors

uk restrictions proposed tax exemption sovereign immunity charlotte anderson

CLIP: From Episode #626 - Sovereign Immunity, Part III

The James Perspective

Play Episode Listen Later Jul 7, 2022 15:01

The Morning Crew discusses sovereign immunity.

CLIP: From Episode #626 - Sovereign Immunity, Part I

The James Perspective

Play Episode Listen Later Jul 7, 2022 15:11

The Morning Crew discusses sovereign immunity.

morning crew sovereign immunity

CLIP: From Episode #626 - Sovereign Immunity, Part II

The James Perspective

Play Episode Listen Later Jul 7, 2022 15:33

The Morning Crew discusses sovereign immunity.

morning crew sovereign immunity

Bahi, Dell, & Special Guest Honorable Amber Kanazbah Crotty “Real Talk”

The DinéTah‘k Podcast

Play Episode Listen Later Jul 2, 2022 2:45

Bahi & Dell have Special Guest, Honorable Amber Kanazbah Crotty, 24th Navajo Nation Council Delegate, advocator & member of the Naabik'íyáti' Sexual Assault Prevention Subcommittee. Talking about the legislation (0016-22)Extending the Time for a Limited Waiver of Sovereign Immunity to Allow the Navajo Nation to be Sued in Federal District Court Regarding Compliance with the National Environmental Protection Act in Carrying Out the United States Department of Housing and Urban Development Grants and Authorizing the President of the Navajo Nation to be the Certifying Tribal Official to Execute, Dirty Mouth Navajo Nation Presidential Candidates, and the Missing and Murdered Dine Relatives. https://www.navajommdr.com/ https://www.navajonationcouncil.org/wp-content/uploads/2022/06/29JUN-01JUL2022_NNC_Spec_Teleconference_Mtg_Agenda_APPROVED.pdf

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Sovereign Immunity Is Antilaw: The State Must Make Restitution to Its Victims

Audio Mises Wire

Play Episode Listen Later Apr 23, 2022

A libertarian view of the law by definition means that there can be no immunity from legal consequences. Anything else perverts the very meaning of law. Original Article: "Sovereign Immunity Is Antilaw: The State Must Make Restitution to Its Victims" This Audio Mises Wire is generously sponsored by Christopher Condon.

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Sovereign Immunity Is Antilaw: The State Must Make Restitution to Its Victims

Mises Media

Play Episode Listen Later Apr 23, 2022

victims libertarians restitution legal system sovereign immunity

Short Circuit 216 | Sovereign Immunity and NIMBY Neighbors

Short Circuit

Play Episode Listen Later Apr 20, 2022 42:47

Suing the United States government is really hard. So hard that someone's family might not get to even if the government is at fault for that person dying in a flood. Adam Shelton explains why that luckily might not be true in this case, but all too often is. Then Diana Simpson walks us through a procedural pretzel of property rights preventing people from putting up homes. She also discusses some old cases you might not know about, but really should. Barron v. United States, https://www.ca5.uscourts.gov/opinions/pub/21/21-50776-CV0.pdf Rice v. Village of Johnstown, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0068p-06.pdf IJ's Amicus Brief in Xi v. Haugen, https://ij.org/wp-content/uploads/2021/11/Xiaoxing_Xi-amicus.pdf Eubank v. Richmond, https://supreme.justia.com/cases/federal/us/226/137/ Adam Shelton, https://ij.org/staff/adam-shelton/ Diana Simpson, https://ij.org/staff/diana-simpson/ Anthony Sanders, https://ij.org/staff/asanders/

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Disputes Digest #52 - Week of March 14

Tales of The Tribunal

Play Episode Listen Later Mar 19, 2022 11:55

Disputes Digest (Week of March 14) Follow us on LinkedIn: https://www.linkedin.com/company/40833847/admin/ Check out or new website: TalesOfTheTribunal.com For Feedback, comments or submissions contact TalesOfTheTribunal@Gmail.com ABA MASTER CLASS - REGISTER HERE News: Consumer Finance Arbitration Ban in the US, Bill Text - Article Annulment, Sovereign Immunity and International Arbitration, Article ICC Report on Leveraging Technology in International Arbitration, Article Non-Signatories to an Arbitration Clauses in France, Article None of the views shared today or any episode of Disputes Digest is presented as legal advice nor advice of any kind. No compensation was provided to any organization or party for their inclusion on the show nor do any of the statements made represent any particular organization, legal position or view point. All interviewees or organizations included appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer. All rights reserved.

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EP419 - Sovereign Immunity

Legal Talk Network - Law News and Legal Topics

Play Episode Listen Later Feb 23, 2022 22:59

When determining whether you can sue a hospital, municipality, or the federal government in wrongful death or personal injury litigation, it's vital you understand the nuances of sovereign immunity. Many government entities and municipalities are exempt from certain types of lawsuits, but there are exceptions and limitations you need to know. Tune in for a better understanding of sovereign immunity and how it could impact your next case.

sovereign immunity

EP419 - Sovereign Immunity

Heels In The Courtroom

Play Episode Listen Later Feb 23, 2022 22:59

sovereign immunity

Pelosi Congress Claims Sovereign Immunity in Federal Court to Keep Secret January 6 Videos and Emails

#GoRight with Peter Boykin

Play Episode Listen Later Feb 14, 2022 9:32

Pelosi Congress Claims Sovereign Immunity in Federal Court to Keep Secret January 6 Videos and Emailshttps://www.spreaker.com/user/9922149/pelosi-congress-claims-sovereign-immunithttps://gorightnews.com/pelosi-congress-claims-sovereign-immunity-in-federal-court-to-keep-secret-january-6-videos-and-emails/https://rumble.com/vuw2jp-pelosi-congress-claims-sovereign-immunity-in-federal-court-to-keep-secrets.htmlhttps://rumble.com/embed/vs9wh7(Washington, DC) – Judicial Watch announced that it filed an opposition to the U.S. Capitol Police's (USCP) effort to shut down Judicial Watch's federal lawsuit for January 6 videos and emails. Through its police department, Congress argues that the videos and emails are not public records, there is no public interest in their release, and that “sovereign immunity” prevents citizens from suing for their release.Judicial Watch filed a lawsuit under the common law right of access after the Capitol Police refused to provide any records in response to a January 21, 2021, request (Judicial Watch v. United States Capitol Police (No. 1:21-cv-00401)). Judicial Watch asks for:Email communications between the U.S. Capitol Police Executive Team and the Capitol Police Board concerning the security of the Capitol on January 6, 2021. The timeframe of this request is from January 1, 2021 through January 10, 2021.Email communications of the Capitol Police Board with the Federal Bureau of Investigation, the U.S. Department of Justice, and the U.S. Department of Homeland Security concerning the security of the Capitol on January 6, 2021. The timeframe of this request is from January 1, 2021 through January 10, 2021.All video footage from within the Capitol between 12 pm and 9 pm on January 6, 2021Congress exempts itself from the Freedom of Information Act. Judicial Watch, therefore, brought its lawsuit under the common law right of access to public records. In opposing the broad assertion of secrecy, Judicial Watch details Supreme Court and other precedent that upholds the public's right to know what “their government is up to:”“In ‘the courts of this country'— including the federal courts—the common law bestows upon the public a right of access to public records and documents” … “the Supreme Court was unequivocal in stating that there is a federal common law right of access ‘to inspect and copy public records and documents.'” … “[T]he general rule is that all three branches of government, legislative, executive, and judicial, are subject to the common law right.” The right of access is “a precious common law right . . . that predates the Constitution itself.”The Court of Appeals for this circuit has recognized that “openness in government has always been thought crucial to ensuring that the people remain in control of their government….” “Neither our elected nor our appointed representatives may abridge the free flow of information simply to protect their own activities from public scrutiny. An official policy of secrecy must be supported by some legitimate justification that serves the interest of the public office.”“The Pelosi Congress (and its police department) is telling a federal court it is immune from all transparency under law and is trying to hide every second of its January 6 videos and countless emails,” stated Judicial Watch President Tom Fitton. “The hypocrisy is rich, as this is the same Congress that is trying to jail witnesses who, citing privileges, object to providing documents to the Pelosi rump January 6 committee.”In November 2021, Judicial Watch revealed multiple audio, visual and photo records from the DC Metropolitan Police Department about the shooting death of Ashli Babbitt on January 6, 2021, in the U.S. Capitol Building. The records include a cell phone video of the shooting and an audio of a brief police interview of the shooter, Lt. Michael Byrd. In October, Judicial Watch released records, showing that multiple officers claimed they didn't see a weapon in Babbitt's hand before Byrd shot her, and that Byrd was visibly distraught afterward. One officer attested that he didn't hear any verbal commands before Byrd shot Babbitt.Also in November, Judicial Watch filed a response in opposition to the Department of Justice's effort to block Judicial Watch's Freedom of Information Act (FOIA) lawsuit asking for records of communication between the Federal Bureau of Investigation (FBI) and several financial institutions about the reported transfer of financial transaction records of people in DC, Maryland and Virginia on January 5 and January 6, 2021. Judicial Watch argues that Justice Department should not be allowed to shield “improper activity.”###[Source: Judicial Watchhttps://www.judicialwatch.org/pelosi-congress-claims-immunity-in-court/

#52 Tribal Sovereign Immunity and Surety Considerations

Let's Get Surety

Play Episode Listen Later Nov 23, 2021 38:07

On this episode we are joined by attorney Michelle Randall, of Zurich North America, as we examine where the worlds of tribal sovereign immunity and surety meet. Michelle defines sovereign immunity where/when it's applicable and considerations when examining bonding a tribal government or business entity. If you want more information on this topic, you can check out the Surety Bond Quarterly Article titled: “Tribal Sovereign Immunity: What Surety Professionals Need to Know When Working With Native American Tribal Government and Business Entities”, or the NASBP Virtual Seminar with the same title that was presented by Michelle Randall and Brad Espinosa here. Hosted by: Kat Shamapande, Director, Professional Development, NASBP, and Mark McCallum, CEO, NASBP Sponsored by Nationwide!

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Cyber Insurance Facts For Public Entities

Public Risk Management

Play Episode Listen Later Sep 29, 2021 10:20

Ann O'Leary, Assistant Vice President of Cyber Insurance at Aon, discusses the Cyber Risks that Public Entities face, the types of Cyber Insurance that is available in the marketplace and how Sovereign Immunity changes what coverage Public Entities have. The greatest risks for Public Entities are the amount of data, type of data: personally identifiable information, health records, the length of time records have to be maintained, activism and reliance on third party vendors. The risks lead to several challenges of purchasing cyber insurance. Public Entities' length of record retention increases, limited resources for IT and lack of allocation of funds especially as technology continues to evolve requires heavier reliance on third parties. Additionally, activism is unique to Public Entities, as well as their application process can be quite cumbersome. Ann also shares the three aspects carriers are looking for; specifically with Public Entities: Control The amount of data and the type of information. Their application process, including IT securities protocols

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Texas is using sovereign immunity to restrict abortions. Why is the Supreme Court silent?

PBS NewsHour - Segments

Play Episode Listen Later Sep 1, 2021 5:13

A restrictive abortion law in Texas went into effect Wednesday after the Supreme Court failed to respond to an emergency plea to intervene before midnight. Texas has now banned most abortions after the 6th week of pregnancy. The law also empowers private citizens to file lawsuits against anyone who helps another person get an abortion, and is the most restrictive in the nation. John Yang reports. PBS NewsHour is supported by - https://www.pbs.org/newshour/about/funders

texas supreme court abortion silent pbs newshour restrict sovereign immunity john yang

Episode 19: Winning Difficult Cases—Part 2

The Effective Lawyer

Play Episode Listen Later Jul 12, 2021 23:45

Cases involving ATVs (All Terrain Vehicles)Driving an ATV is like driving any other motor vehicle, inherently dangerous in nature. Accidents happen when people don't take this seriously.“Two main scenarios, one is a child that shouldn't be on one...the other is someone gets on with a drunk person” Neil says.“Being drunk on an ATV is a bad idea” says Jack.ATV Cases: Source Recovery “We have found specific ATV Coverages, but ideally you're looking for some sort of ranch or homeowners insurance policy” says Neil.Look for either specific ATV insurance coverage or a ranch or homeowners insurance policy of the property the accident happened on. Ideally your looking for at least a million dollar insurance policy to cover the damages.For accidents involving children driving the vehicle, look to the equipment manuals to prove Negligent Entrustment. In these cases, the owner of the vehicle is often willing to make their insurance pay because they feel really bad. And don't rule out a Products angle. “There are lots of product cases against these ATV manufacturers for not making these vehicles safe enough.” Burgess says. Accidental Shooting Injury and Death CasesThese cases are not intentional in nature but result from negligence around firearms. Unfortunately these cases are very common.“Firearms are dangerous...we see quite a bit that people are just careless with guns” says Burgess.There are so many rules involving firearms that it is often very straightforward to make the case for liability to a jury.“It's not about pro-gun or anti-gun, most people that are pro-gun believe that you have the responsibility to handle a gun safely.” Says Jack.Source Recovery for Accidental ShootingsTypical source recovery for accidental shootings comes from a homeowner's policy.“I think insurance companies are very fearful of these cases because typically the harm that occurs when somebody negligently discharges a firearm is pretty significant” says Burgess.“Never plead intentional conduct, that's such a gift to the insurance company” Jack says.Other Types of Difficult CasesTypically follow the pattern of “bad harm” similar to gunshot cases or ATV accidents. Drowning cases are common as well as fires and gas explosions. Many drowning cases involve children being left unsupervised.“Recently we had a case involving a fire where the apartment complex didn't have the proper fire equipment...our clients had to jump out a three-story window to escape” Jack says.“Gas explosions happen a lot more often than people realize, on a nationwide basis” says Burgess.“Watch out for the Recreational Use statute...if the public land is used for recreational use then there might be some additional reasons that the landowner gets off the hook” Neil says.Always start with the why did something happen and that will usually establish a clear fault.Expert WitnessesExpert witnesses should be involved from the very beginning. They can help you know what to look for and how to vet the case.“It can be tough to find the right expert” says Jack. Looking at witnesses used in similar lawsuits can be a great place to start.Using contacts from your local Trial Lawyer Association can be helpful as well.Be careful with vetting your expert witness, though, because they might be more excited about your case than you.“I haven't met a professional expert witness who hasn't told me I've got a great case” Neil says.Focus groups can also be helpful, or getting the perspective from friends and family members.Key takeaways: Any case involving a harmful accident can be difficult Common difficult cases include: ATVs, Guns, Drownings, Fires, and Gas Explosions For each case of this type, start with why the event happened to discover a clear fault Source recovery for these cases will typically involve a homeowner's insurance policy but don't rule out a products angle Utilizing expert witnesses should be common practice, but they need to be consciously vetted.

Episode 18 - Winning Difficult Cases

The Effective Lawyer

Play Episode Listen Later Jun 21, 2021 24:01

Difficulty with Suing Government Entities. When suing a government entity it can be difficult to determine if they are waiving sovereign immunity or not. “There's a minefield of issue that you can come across that are different from when you are suing a private citizen or a private entity Three common types of Government cases: 1. Clear violation of constitutional rights, 2. Cases involving a vehicle, & 3. Cases that involve a government premise or property. “The most common are more of your standard car wreck cases. Most of the time—either state or federal—they allow themselves to be sued for those types of cases” says Neil. Differences When Working with Government Lawyers “They act as if they have unlimited resources” says Neil. “You get good lawyers on the other side, but they don't typically specialize in personal injury claims” says Burgess. New attorneys should be very selective of these types of cases. They take a long time and they are expensive. Where to Begin? Starting with the Government Statute in order to determine if the government has sovereign immunity. “The general rule is that you cannot sue the government unless they give you permission to sue them.” Says Jack Keep in mind that many states will have different notice provision windows. Also, there are often caps for personal injury claims. “That goes for any case you're investigating, you always need to scratch the itch of ‘is there a potential governmental entity involved?'” Burgess says. Pay attention to caps for both client restitution and lawyer fees “Checking out the caps...that's a big factor when looking at these damages. They often will set a cap—particularly state governments—on how much you can recover.” Neil says. When suing the federal government, the notice requirements aren't as strict and there are no caps on client restitution. Lawyer fees, however, are capped below market value. Differences when suing the federal government If you are suing the federal government it is a bench trial; you are trying the case in front of a judge, not a jury. Wrongful Death cases with Law Enforcement Look into whether or not constitutional rights were violated, this is a different approach than a regular assault case. Reference the 1983 Cause of Action. “These are nuanced fields that are workable for a new attorney; you just have to spend the time to really get up to speed and understand what you're doing.” Says Jack. Qualified Immunity creates a heightened burden to hold the police officer accountable. “They can be very difficult cases to win” Says Burgess. Creating a Discovery Plan for Wrongful Death from Law Enforcement Cases Start with understanding the evidence and considering what you need to prove. “You're definitely going to have to start with the charge, and then tailor your discovery plan to that.” Says Burgess Approach the publicity of the case with caution, it can be both helpful and hurtful. “There's always ethical concerns, you don't want to be litigating your case out in public.” Burgess Says. “But it can really create a pressure point and help move the needle.” “Really think about what's going to actually get out there to the public, and whether it's helping or hurting your case.” Neil says. “Your obligation is to your client.” “You can use it as a sword, or it can cut your own hand off” says Jack. Key takeaways:· Start any case with a government entity by determining if sovereign immunity applies· Government cases tend to take years, not months· State and local municipalities will have different statutes that apply in each case· When dealing with wrongful death and law enforcement, remember that qualified immunity creates a heightened burden to hold police accountable· Take caution when deciding how to deal with the media, remember that ultimately it must benefit your client. Links: · www.zdfirm.com · John C. (Jack) Zinda· Kelsey Balzli-Yarbrough Burgess Williams· Neil Solomon

Removing China’s Sovereign Immunity Status

Rich Zeoli

Play Episode Listen Later Jun 2, 2021 10:51

Congressman Brian Fitzpatrick joined Rich discussing his proposal in Congress to launch a full investigative probe into the COVID-19 origins from China and strip China of its sovereign immunity for COVID-19 victims. See omnystudio.com/listener for privacy information.

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New World Order on the Falcon and Winter Soldier

The Legal Geeks

Play Episode Listen Later Mar 21, 2021 98:18

The first episode of Falcon and The Winter Soldier takes on the world after Avengers Endgame. Attorneys Mark S. Zaid and Joshua Gilliland geek out with their legal analysis ranging from the use of force in order to save a captured Air Force officer, whether family members of service members can sue other countries, and the tricky issues of conditional pardons. Tune in for deep legal analysis for the adventures of Sam and Bucky. Support the show (https://www.patreon.com/thelegalgeeks)

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Will Lawsuits Against ERCOT Succeed? (Feb. 23, 2021)

Houston Matters

Play Episode Listen Later Feb 23, 2021 50:04

On Tuesday's Houston Matters: As state lawmakers take up Gov. Greg Abbott’s emergency item on ERCOT reform in hearings this week, lawyers across the state try to sue the nonprofit corporation that manages the state’s electric grid for deaths and damages caused by last week’s power outages. But can they? Also this hour: Houston City Councilman Edward Pollard, who represents District J, answers listener questions. Then, with the recent news that the historic Cohn House would... Read More

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Our Take on the Copyright Office Sovereign Immunity Roundtables

©hat

Play Episode Listen Later Dec 23, 2020

Douglas Shontz from the Office of General Counsel at the University of Illinois and I participated in the Copyright Office’s State Sovereign Immunity Study Roundtable Discussions. You can find the materials for the Discussions at the United States Copyright Office. We submitted a comment and a reply comment to the Study. […]

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The Past, Present and Future of Sovereign Immunity

Play Episode Listen Later Dec 11, 2020 63:56

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.

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PARTIZAN 43: The Tunnels Beneath

Dublin Law and Politics Review

Play Episode Listen Later Dec 11, 2020 124:12

Miles to the south of the Chasmata Quarry, AO Rooke loads an artillery shell into cannon. It’s the third to be fired, in a set of 50. He is providing cover, he was told, for the operation’s infiltration unit to get what it was they needed. “Except,” he worried to himself, “the infiltration unit did not know what it was they needed. He punctuated his concern by slamming the hatch on the howitzer shut. “And that crew, specifically,” he thought, “is a strange fit for infiltration to begin with.” And so AO Rooke had a thought: He and his crew would fire 50 rounds into the sky towards the Quarry. But he would do so at two-thirds the normal speed, giving Kalar, Phrygian, Sovereign Immunity, and the Figure in Bismuth just a little more time before the attention of the mysterious base fell on them. This week on PARTIZAN: The Tunnels Beneath ///Operation Dossier //Organizations House Chasmata: Despite not being the highest ranking house on Partizan, the Chasmata family has governed Stel Kesh’s holdings on the moon for as long as Kesh has been here. But in the last century, the family seems more interested in an archeological dig in the northern ice cap than in managing its estates. This has not, unfortunately for Apostolos, limited the amount of military might that Chasmata can bring to bear in an emergency. The Curtain of Divinity: Though Kesh is technically governed through an elaborate parliamentary democracy, the truth is that The Curtain of Divinity, a secretive organization inside of the Stel (and with agents across all of the Principality), serves as the actual power behind the throne. Knowledge of the Curtain is carefully guarded, and its membership is even further protected. Was originally established to rein in the Principality’s most tyrannical institutions and encourage growth and equity over generations, while hiding the truth of what lied beyond the Scutum-Centaurus Portcullis. Over time, their more noble aims were eroded, and only this final goal remained, along with a much more selfish goal of controlling the state. Has recently announced its presence on Partizan and throughout the Principality. Currently in conflict with the Pact of Necessary Venture, Millennium Break, and the Organization for the Foundation of the Orion Republic. //People Xiphion, aka Zig’ell Barbos, aka The Red Roc (zig/zig’s, he/him): Elect of the Divine Valour and rising star in the Apostolosian military. Zig’ell kept zig’s Apostolosian name in personal use even after being chosen by Valour as its elect. He is a rising star in the Apostolosian military, famed for his talent as a pilot and commander. There is good reason for this: zig spent years serving as Cas’alear Rizah’s confidant and lieutenant, before being promoted and transferred into service directly under the Divine Motion, working closely as the elect Laurel’s right hand. A true believer in the Pact’s mission to split the Principality up. Gucci Garantine (she/her): Defector from Stel Kesh, controller of House Brightline and HORIZON’s efforts on Partizan. Now a powerful member of Millennium Break’s political class, heading the Party of the Masque. The Witch in Glass (she/her): A former scion of Kesh who, after knitting a bond with the adversary Perennial, came into control of the body of the Divine Past. Now scours Partizan for the lost, injured, and unsure, recruiting them into her growing city-state. A shaky ally of Millennium Break. Haunted by an old foe. Cas’alear Rizah (cas/cas’, they/them): Leader of the Swordbreakers, sibling of the Glorious Princept. Cas has brown skin with dark green hair up in a bun, with a few strands hanging down in front of their face (which is framed with similarly colored scales covering cas’ jawline and neck. Broken sword tattoos under their eyes. Reputation as being beautiful and brave by allies, unflinching and unpredictable by foes. Pilots the notorious Ataraxia. Was badly wounded in the defense against Motion and GLORY in Auspice, and now, through a combination of the Witch in Glass’ gifts and ongoing rehabilitation, is working to return to fighting form. Agon Ortlights (she/her): Aided by her servicebot companions, Agon worked hard to attain the rank of lieutenant in the Company of the Spade, where she’s become a veteren mercenary, a skilled miner, and a hell of a drinking buddy. Sloe Uplight (he/him): His business card says “Private Historian,” his parlor rooms’ security system says “information broker,” and his grinning mouth says “no difference.” A Kesh academic turned freelance fixer, turned again to Millennium Break intelligence officer. //Places Chasmata Quarry: Founded almost one thousand years ago, the Chasmata family has been digging into the ice and stone at the north pole for as long as Kesh has been on the planet. Activity in the area has increased in the last century. No information gets in or out. Every scout sent to investigate the area has been lost forever. The Reflecting Pool: The city that has emerged inside of the Divine Past’s body, led by the Witch in Glass. Its citizens come from every walk of life on Partizan, all united in the desire to leave the past behind and start a new life. //Divines The Divine Valour: A machine the size of a large Hallow, Valour can transform between a vast, roc-like bird form and a more traditional humanoid model. Soldiers claim that serving under Valour gives them a noticeable boost to their morale, but it is unclear if this is a feature of their proximity to the Divine or to its elect. The Divine Past: Part floating city, part living library, and current home to the Reflecting Pool. The Divine Past was built tens of thousands of years before the Divine Principality was created. It stores an untold amount of information about the cultures it has observed, including the Divine Principality itself. //Things Zenith-K Project Veneer: Melee-ranged shield mechs. Internals are similar to the Zenith-A project Kosmos which SI and the Rapid Evening fought in similarly cold conditions back during the Fort Icebreaker mission. Except instead of the reverse jointed legs and the spears, these have huge tower shields with pneumatic pile bunkers. Zenith-K Project Cornice: A cheap, mass produced version of the sniper form of the Katalepsis, which is the model name of Ver’Million Blue’s hollow. These are glass cannons meant to lay down an absurd amount of long range fire. AdArm Quiver: On first glance, you might not think this is a hollow at all. But once the low, wide three-legged firing brace starts to walk, you’d understand that these artillery machines are able to move and even leap with great force and speed, making them excellent at holding (or hammering) an unstable frontline. “The Bitten Bullet” (referred to but not named): A large personnel transport owned by the Pact of Necessary Venture. Curtain Ideograms: A vast collection of graphic symbols and code words used by the Curtain to communicate information clandestinely. //Additional Notes Primary Objective: Identify, and then destroy or recover “Lodestone.” Secondary Objective: Capture enemy commander. Hosted by Austin Walker (@austin_walker) Featuring Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), Keith J Carberry (@keithjcarberry) and Andrew Lee Swan (@swandre3000) Produced by Ali Acampora (@ali_west) Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot)

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The Past, Present and Future of Sovereign Immunity

Dailypod

Play Episode Listen Later Dec 11, 2020 63:56

Podcast: The Lawfare Podcast (LS 70 · TOP 0.05% what is this?)Episode: The Past, Present and Future of Sovereign ImmunityPub date: 2020-12-11This 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.The podcast and artwork embedded on this page are from The Lawfare Institute, which is the property of its owner and not affiliated with or endorsed by Listen Notes, Inc.

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Sovereign immunity & the Al Bashir Case

Play Episode Listen Later Oct 19, 2020 28:12

Why cannot all people be prosecuted under international law? What makes someone immune to prosecution even when they have committed the most heinous crimes. Is this diplomatic immunity still appropriate for today's world? We discuss these questions with Luisa Giannini whose research focuses on these questions in light of the Al Bashir case.

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PARTIZAN 37: The Gravity of Absence

Oral Arguments of the Supreme Court of Virginia

Play Episode Listen Later Oct 17, 2020 128:17

Having returned from his audience on the Reflecting Pool, Sovereign Immunity briefs his SBBR and their allies on the impending arrival of what the Witch in Glass would only refer to as "the Red Light." WIth only one day to prepare, SBBR stalls out, torn on whether to accept their longtime foe's offer of sanctuary or to take their chances on their own. For newcomers Kalar Anakalar and Phrygian, this is both a worry and an opportunity. SBBR may not have the heroic verve that the stories said they did, but that only means that its in need of a push... This week on PARTIZAN: The Gravity of Absence ///Operation Dossier //Organizations Organization for the Foundation of the Orion Republic (OFOR): A group of growing import in Orion territory, who advocate for Orion’s secession from the Divine Princiipality and re-establishment as a league of democratic, merchant republics. Both OFOR and their opposition, the yet-unnamed Principality loyalist faction, have support across class demographics. Many.corporations and independent guilds see OFOR as an opportunity for additional profit, while others believe that leaving the Principality is a risk too great to take. The Party of the Wolf: One of two quickly growing parties inside of Millennium Break, named for their fallen hero, Valence. Though both parties support revolution, the Party of the Wolf advocates for radical, military action across Partizan and (eventually) the Principality in whole. Currently led by Jesset City. The Party of the Masque: The other major party emerging inside of Millennium Break. Headed by Gucci Garantine, the Masques believe that a fast revolution will burn itself out (or be snuffed by the attention of the Principality writ large). They advocate for precision military action as part of a larger, ideological campaign that will bring the masses to their side of the conflict. //People Gucci Garantine (she/her): Defector from Stel Kesh, controller of House Brightline and HORIZON’s efforts on Partizan. Now a powerful member of Millennium Break’s political class, heading the Party of the Masque. Jesset City (he/him): Previously worked for Adamant Arms and Manufacturing, Jesset became full time Oxblood Clan lieutenant and then a major figure in Millennium Break. Expert technician, veteran hollow pilot, and Cipher Certified by Stel Nideo. Utilizes prostheses on his right arm, switching between an affordable myoelectric model with grip hooks and a custom model specifically designed for interfacing with a hollow cockpit. SBBR’s CO for this mission. Agon Ortlights (she/her): Aided by her servicebot companions, Agon worked hard to attain the rank of lieutenant in the Company of the Spade, where she’s become a veteren mercenary, a skilled miner, and a hell of a drinking buddy. In recent days, she and the Company have become major backers of the Party of the Masque inside of Millennium Break. But that doesn't mean that she isn't willing to bring her pragmatic talents to bear for the revolutionary project. Cas’alear Rizah (cas/cas’, they/them): Leader of the Swordbreakers, sibling of the Glorious Princept. Cas has brown skin with dark green hair up in a bun, with a few strands hanging down in front of their face (which is framed with similarly colored scales covering cas’ jawline and neck. Broken sword tattoos under their eyes. Reputation as being beautiful and brave by allies, unflinching and unpredictable by foes. Pilots the notorious Ataraxia. Was badly wounded in the defense against Motion and GLORY in Auspice. The Witch in Glass (she/her): A mysterious figure who has recently begun prowling the cursed battlefields of Partizan, supposedly kidnapping, leading away, or otherwise retrieving the wounded and desperate. No one knows where she takes them, but reports always indicate that she arrives after the sound of bells and the appearance of strange distant shape in the sky. The Figure in Bismuth (he/them): The Right Hand of the Witch in Glass. Former school teacher, now a supernaturally gifted ace pilot. Comes bearing gifts. //Places Oxbridge: Most bridges connect land to land, but the enormous Bridge of the Ox connects ocean ports to the docks of largest freshwater lake on the moon. Under the bridge rests Oxbridge, a dense city of canals and crimson light, and the first large scale Principality settlement to come to the moon, nearly 1000 years ago. Oxbridge is split into three regions: Brightsky West, Underbridge, and Brightsky East. To the East and West, merchants, nobles, and the ever-upwardly mobile live, work, shop and play. But below the bridge’s shadow is an undercity of laborers both local and transient, eking by from job to job, day to day, by the fuel of their effort and the light of the red, phosphorescent “lamps” that give Underbridge its distinct glow, even in daytime. Connecting it all together are a network of waterways, roads, and secret tunnels. And above it all is the Bridge of the Ox, the symbol of Orion’s commitment to (and mastery of) brute-force ideology. In recent days, Oxbridge has been home to rolling gunfights and bloody skirmishes between those loyal to the Principality and those advocating for the state’s secession and reformation as a league of merchant republics. Deep Dish Steak House: A loyal bar. //Things The Red Light: A large figure, covered by red cloth, quickly approaching the Oxbridge shoreline. The Reflecting Pool: The Witch in Glass’ residence, the recovered and partially repaired body of a broken divine. Hosted by Austin Walker (@austin_walker) Featuring Janine Hawkins (@bleatingheart), Sylvia Clare (@sylvisurfer), 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 (@ali_west) and Austin Walker Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot)

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September 2020 Albritton v. Commonwealth

Play Episode Listen Later Oct 1, 2020 30:03

This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case DEVINCHE JAVON ALBRITTON v. COMMONWEALTH OF VIRGINIA (Record Number 191030) From Circuit Court of Sussex County; W. Sharrett, Judge. Counsel Devinche Javon Albritton, pro se. Stacie A. Sessoms (Office of the Attorney General) for appellee. Assignments of Error The Sussex County Circuit Court erred and abused its discretion by Granting the defendant’s Plea of Sovereign Immunity upon the defendant’s assertion that Appellant Albritton failed to exhaust his administrative remedies. The Sussex County Circuit Court erred and abused its discretion in Granting the defendant’s Motion for Summary Judgment upon its finding that the Evidence produced and Submitted by Appellant Albritton was insufficient from which a jury could find the defendant guilty of negligence. The Sussex County Circuit Court erred and abused its discretion in Granting the defendant Commonwealth’s Motion for Summary Judgment for Contributory negligence based solely upon the inadmissible Hearsay Evidence submitted by the defense. http://www.courts.state.va.us/courts/scv/appeals/191030.pdf

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SIDEBAR - Copyright and State Sovereign Immunity - The Allen v. Cooper Decision

Supreme Court of the United States

Play Episode Listen Later Aug 1, 2020 13:25

On March 23, 2020, the Supreme Court issued its opinion in Allen v. Cooper, concluding that Congress lacked the authority to enact the Copyright Remedy Clarification Act of 1990 (CRCA), which purported to abrogate state sovereign immunity in copyright infringement actions. The CRCA, which sought to remedy alleged state copyright infringement, provides that any “State, and any [State] instrumentality, officer, or employee” shall be liable for copyright infringement “in the same manner and to the same extent as any nongovernmental entity.” In Allen, the Supreme Court held that the CRCA was not a valid exercise of Congress’s constitutional powers under Article I or Section 5 of the Fourteenth Amendment, although the opinion leaves open the possibility that a narrower congressional abrogation of state sovereign immunity for copyright suits might be constitutional. The immediate practical effect of the decision is that copyright holders cannot sue state governments for copyright infringement without their consent. The decision’s broader significance lies in clarifying the limitations on Congress’s power to provide remedies for state constitutional violations. This Sidebar will review the law of state sovereign immunity, the dispute in Allen v. Cooper, the Court’s opinion, and the implications for Congress. --- Support this podcast: https://anchor.fm/scotus/support

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Sovereign immunity vs. ESPIONAGE ACT OF 1917

Targeted Individual: Since 1994 Implanted tracked and tortured

Play Episode Listen Later Jun 23, 2020 3:13

US Supreme court must recognize it

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SUNDAY WIRE: Episode #322 ‘Sovereign Immunity’ with guests Sir Julian Rose and Clive de Carle

21st Century Wire's Podcast

Play Episode Listen Later Apr 12, 2020 188:01

Patrick Henningsen covering the top stories in the US, Europe and internationally. This week we continue our coverage of the Western world’s draconian ‘lockdown’ leading to the voluntary implosion of country’s economies, societies and the indefinite suspension of democracy as we once knew it – all in reaction to the presence of a novel Coronavirus COVID-19 infection. In the first hour we’ll talk with writer, entrepreneur, and pioneer in organic farming, Sir Julian Rose, o discuss how the crisis might affect the food supply and people’s diets, as well as the mass psychological, cultural and political effects as well. In the second hour, we’ll connect with health and nutrition advocate Clive de Carle to discuss practical ways you can help to improve your immune system this spring. In the final segment we talk with SUNDAY WIRE Roving Correspondent for Culture & Sport, Basil Valentine, on how people and governments are coping with to the coronavirus crisis. All this and much, much more. Enjoy the show… SUPPORT 21WIRE BY DOWNLOADING BRAVE BROWSER: http://21w.co/brave MAKE A DONATION TO 21WIRE: https://21stcenturywire.com/support SUBSCRIBE & BECOME A MEMBER @21WIRE.TV: https://21wire.tv The Sunday Wire with Patrick Henningsen broadcasts LIVE on Alternate Current Radio SUNDAY 5pm-8pm UK Time, 12pm-3pm EST (US), 9am-12pm PST (US) at http://alternatecurrentradio.com and http://thesundaywire.com

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Allen v Cooper (copyright/state sov immunity)

Supreme Court decision syllabus (SCOTUS)

Play Episode Listen Later Mar 24, 2020 7:29

Court holds CRCA does not properly abrogate state sovereign immunity against copyright infringement.

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PARTIZAN 10: DESERT SQUIRE - RIPOSTE

Play Episode Listen Later Feb 28, 2020 127:10

With their defense operation underway, the Rapid Evening have moved into position and identified a potential threat in the form of an unnaturally-moving sandstorm. As Sovereign Immunity and Clementine Kesh attempt to ingratiate themselves with the pilgrimage’s leadership and re-route the convoy, Exeter Leap and Ver’Million Blue standby in overwatch position. And as the storm grows nearer, it becomes clear that are not alone in their ambitions. But the threats are not only in the sand… This week on PARTIZAN: DESERT SQUIRE - RIPOSTE ///Operation Dossier //Organizations House Callister: The newest house of Orion, whose status was earned through “heroism in battle...” which is to say state-sanctioned piracy. Led by and named for Callister Drive Callister (who was given his new surname simultaneously with his new House), a sometimes ally, sometimes rival of the dreaded Exeter Leap House Bittenbach: “Before all others.” Technically, this is Bittenbach’s motto because they were the very first noble house in Stel Orion, formed after their founder orchestrated a grand betrayal on behalf of the Principality. Today, though, it is quoted as evidence of the house’s legendary hunger for wealth (and their willingness to break norms to satiate it.) The house’s holdings on Partizan are operated by Burden Bittenbach. They were originally assigned to operate the Obelle mission in SBBR’s place. Now, has sent House Callister to retrieve Gur Sevraq during the pilgrimage. The Wolfwings: This vanguard squad, led by ace pilot Cam’bage Elarune, ensures early-conflict air superiority and secure, long term reconnaissance capabilities for Stel Apostolos. //People Callister Drive Callister (he/him): The Columnar-born Callister Drive once preyed on the principality’s shipping channels alongside infamous pirates like Exeter Leap. Now, in exchange for a noble title, he’s decided to ply his trade on behalf of Stel Orion. Pilot of the Tempestarii. A-tek (she/her): Callister Drive’s butler, bodyguard, and (unfortunately for him) House Bittenbach-assigned handler. There to ensure Drive gets results, and also that he doesn’t consider taking the gifts given to him by Bittenbach and running elsewhere. Pilots the Thaumaturge. Swansea See (they/them): An old-school member of Callister’s corsair crew. Thanks to Bittenbach technology, has been fully fused into their mech, the Conjurer. “The Farmer” (he/him): A popular sobriquet used for the Sovereign Immunity who sometimes goes by the name Byron, who supported an agrarian revolution 13 years ago. AO Rooke (he/him): Audacious Opportunity Rooke was a young Orion merc caught in a daring (and foolhardy) raid against Stel Kesh. Refused to give up his employer and is now paying the price in service to the Rapid Evening as leader of their cohort of toughs. Aleel Verdicate (she/her): Current Song of Partizan, making her the de facto head of the Church of Received Asterism on the moon. //Things Tempestarii: A Zenith Fund developed prototype hollow that teems with electromagnetic power, which it can use to create limited, localized weather phenomena. Often seen in its jet from, it can also take a bipedal mode. Something inside of it rumbles with a distant light. One of the hollows “liberated” from the Zenith Fund’s “Occult Project” by Callister Leap, before defecting. Side effects unknown. Conjurer: An stout and sturdy Occult Project prototype hollow designed for both assault and diversion missions. Wields mid-range weaponry and deploys large, hollow-scale hover mines which project duplicate Conjurer units, fooling both sight and sensors. Operation requires total and permanent “synchronization” of its pilot with the Conjurer’s chassis. Thaumaturge: An Occult Project prototype hollow designed for long range engagements. Is able visually conceal itself through an experimental active camouflage. The visibility which is displaced will re-appear to the pilot 2-3 days after the end of engagement. If ocular aberrations continue for more than a week, seek counsel from a licensed practitioner. Troop: A basic combat hollow designed by Adamant Arms and Artifice and distributed by Stel Orion across the Principality. The Church of the Resin Heart has two, bought from SBBR after the group stole them from Stel Apostolos in Obelle. //Additional Notes Rapid Evening’s Objective: Escort the pilgrims on their journey from the point of their start to the point of their seabound departure at the eastern coast of the Prophet’s path. If Gur Sevraq’s life comes into serious danger, rescue them and extract back to Cruciat. Secondary Objective, as delivered to Sovereign Immunity: Secure Gur Sevraq regardless of his condition. Rules of Engagement: Do not allow yourselves to be identified as members of Stel Kesh. Do no harm to the people of the Church, unless it is necessary in the securing of Gur Sevraq. Hosted by Austin Walker (@austin_walker) Featuring Sylvia Clare (@captaintrash), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), and Keith J Carberry (@keithjcarberry) Produced by Ali Acampora (@ali_west) Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot)

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PARTIZAN 06: A Palace During a Wake

Play Episode Listen Later Jan 31, 2020 164:03

After a successful mission retrieving key remnants of the Divine Past and the body of the Elect Cymbidium, the Rapid Evening has returned to Cruciat, Kesh’s capital on Partizan. While the city mourns the loss of an Elect, the crew’s members are busy resupplying, repairing their vehicles, and pursuing their own ends. While Clementine Kesh deals with the emotional aftershock of her first command, Sovereign Immunity, Exeter Leap, and Ver’Million Blue test the constraints of their imprisonment and take next steps towards their goals. And then there is the matter of the funeral…. This week on PARTIZAN: A Palace During a Wake ///Operation Dossier //Organizations The Curtain: Though Kesh is technically governed through an elaborate parliamentary democracy, the truth is that The Curtain, a secretive organization inside of the Stel, serves as the actual power behind the throne. Knowledge of the Curtain is carefully guarded, and its membership is even further protected. //Places Cruciat: The jewel of Kesh’s holdings on Partizan (and the home of the Stel’s Winter Palace) is this city on a cross shaped island in the northernmost reaches of the Prophet’s Sea. Its cruciform shape made the city easily divisible into districts. The long southern arm is given to government, first to miles of civil bureaucracy and then to noble homes along the waterside, and finally to the famous, icelike Winter Palace. To the east, and across some of the nearby islands that dot the coast, the large proletariat cram into homes. On the west, Kesh’s military marches in formation and launches naval vessels to probe at Apostolos’ borders. The north is industrial, situated so that it can more quickly intake both incoming supplies and outgoing shipments directly from the continent. Finally, the center is a bustling downtown, filled with music, food, shopping, and pleasure of all kinds. It’s never quite night time in Cruciat, partly because of its place north on the moon, and partly because the gas lamps saturate the northern fog with white-blue light. It’s a color matched by the stonework buildings, whose light grey facades grow darker as you move north, towards the factories. Horses carry nobles whose homes are worth a thousand thousand times the laborers they pass. And the smell of warm stew is in the air. The Winter Palace: Owned and managed by House Kesh, but eternal “home” to the Princept, whether they choose to visit or not. Beyond the throne room, there are countless spaces for receiving and entertaining, a lovely and vast garden, and a number of ballrooms for major events. Built for privacy and access, featuring both its own port and trainyard. //Things Robotic Utilities and Navigation Tool (RUNT): A floating, coffin-shaped, well-programed hunter-killer robot. Obeys Milli’s commands, anticipates her actions, carries her sniper rifle, and wields its own smaller weapons. //Additional Notes Mission Reward Math: 4 Supply from 3d6 supply roll (Target’s Tier = 3, Employer Faction Status = 0 ), +1 extra personnel and +1trust (from Kesh’s government type, Oligarchy/Crytpocracy), +1 materiel from Leap’s scavenging Hosted by Austin Walker (@austin_walker) Featuring Sylvia Clare (@captaintrash), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), and Keith J Carberry (@keithjcarberry) Produced by Ali Acampora (@ali_west) Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot)

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PARTIZAN 03: SHORESIDE RECOVERY - DINNERDATE

Ask Andy - Andrew Neuwirth Philadelphia Personal Injury Lawyer

Play Episode Listen Later Jan 10, 2020 119:41

The destruction of a Divine, the killing of an Elect, and war on a new front: Any one of these could shift the balance of power on a moon like Partizan. So when all three occurred in Obelle, the great Stels began to analyze, strategize, and maneuver immediately. Squadrons were re-deployed, diplomats recalled, artists commissioned, and clergy and commentariat both called to weigh in. But for Stel Kesh, one matter was more important than any other: The safe and honorable recovery of the body of their lost Elect and the retrieval of enough of their ruined Divine so that they may begin the arduous process of revitalization, a task which required a great deal of knowledge, even more salvaged material, and the gumption to put the two together. To this end, the newly minted—and still clandestine—Rapid Evening are deployed across the sea, under the orders of erstwhile heiress and novice commander Clementine Kesh (Jack de Quidt). Can Clementine, along with former pirate Exeter Leap (Ketih J. Carberry), religious advisor Sovereign Immunity (Art Tebbel), and AWOL super soldier Ver’Million Blue (Andi Clare), secure acceptable terms with one of her Stel’s most ardent foes? Or will negotiations break down under the weight of old enmity and new blood? This week on PARTIZAN: SHORESIDE RECOVERY - DINNERDATE ///Operation Dossier //Organizations The Rapid Evening: A small, covert ops squad loyal to Stel Kesh and named for a now ancient unit of spies, saboteurs, and secret agents. The Curtain: Allegedly, the Curtain is the cryptocratic organization that pulls the levers of power in Stel Kesh. In reality ████████████. Silversky Salvage and Repair: Salvagers are a dime a dozen, but with chief engineer Sombre Sky in the pit, no one on Partizan is better at putting a machine back together. Dispatched to Obelle along with the Rapid Evening to ensure that the most important parts of Past are retrieved. //People Clementine Kesh (she/her): Formerly sixth in line to the throne of Stel Kesh and the Principality writ large. Was assigned to “religious leave” in order to remove her from the line of succession and place her in comparative safety on the moon of Partizan. Now leads the Rapid Evening out of ambition and boredom. Dreams of ruling Stel Kesh. Sovereign Immunity (he/him): Member of the Shepherd’s Crook, a sect of Received Asterism famous for placing high ranking members in advisory roles across many Stels (despite the sect’s loyalty to Stel Nideo). Imprisoned for the crime of kidnapping of Dahlia years before they would declare themself the Glorious Princept, then reassigned to the Rapid Evening. He is also known as the Farmer and Byron. Dreams of being assigned to Clementine as her official Sovereign Immunity. Exeter Leap (he/him): A space pirate and one of the few remaining members of the Equiaxed culture in Stel Columnar space. Imprisoned for the aforementioned piracy before being assigned to the Rapid Evening. Dreams of escaping imprisonment. Ver’Million Blue (she/her): Created as part of an Apostolosian super soldier program, Million is an excellent sharpshooter who went AWOL (violently) and was eventually picked up as a POW by Stel Kesh. Recently deployed to Partizan as part of the Rapid Evening. Dreams of real freedom. Crysanth Kesh (she/her): Clementine Kesh’s mother. Third in line to the throne of Kesh. Would likely be a ranking member of The Curtain, if such an organization existed. Audacious Opportunity (A.O.) Rooke (he/him): Was a young freelance mercenary operating under Stel Orion charter before being captured by Stel Kesh on an assignment deep behind enemy lines. Now deployed to the Rapid Evening. Gucci Garantine (she/her): Vassal and political attache to House Brightline of Stel Kesh. She and House Brightline reportedly have ties to the “reformist” (read: terrorist) organization HORIZON. Rivals with Clementine Kesh. Sombre Sky (she/her): Chief engineer at Silversky Recovery and Restoration, she stays out of politics except for when politicians bring her new gear to play with. Calendar Longyear (they/them): A young ship captain who has inherited their grandmother’s vessel, the final asset of their house’s once affluent estate. Eager to make something of themself, they just don’t know what. Cas’alear Rizah (cas/cas', they/them): Leader of the Swordbreakers an elite Apostolosian Hallow unit. See entry in Dossier 01 for more details. //Places The Verglaz Taiga: Wrapped around the northern latitudes of Partizan, the Verglaz is a beauty to take in, at least from the comfort of the palatial Kesh estates which dot its wooded expanses. From the smaller villages and towns, where feudal tenants huddle for warmth in the snow, whatever aesthetic pleasure the taiga may offer the rich is lost. In the south west, though, a new source of warmth has made its presence known: The burning engine of the Apostolosian war machine, which melts the ice away with artillery barrage and crashed mech, both. Cruciat: The Jewel of Kesh’s holdings on Partizan (and the home of the Stel’s Winter Palace) sits on a cross shaped island in the northernmost reaches of the Prophet’s Sea The Winter Palace: Owned and managed by House Kesh, but eternal “home” to the Princept, whether they choose to visit or not. Built for privacy and access, featuring both its own port and trainyard. Westhaven: Kesh’s military might is most centered in this province, which stretches across its westmost ports and up against its border with chief rival, Apostolos. “Westhaven stands so that we may serve dinner in the palace.” The Estatelands: The southeastern taiga, where the climate is most temperate and the tall trees stand closely together, is home to the dozens of noble families who rule Kesh’s lands on Partizan. Miles of canopy suddenly broken by vast, cleared and pruned acreage. //Things “The Old Treaties”: A collection of documents referring to now-ancient law that ensures the safe recovery and return of the bodies of Elects and Divines wounded in any civil conflicts across Divinity. Divines and Elects are both honored and respected assets to the state, and these treaties represent the mutually understood belief that the Principality will outlive whatever conflict is occurring. //Additional Notes The Rapid Evening’s Mission Objectives: Primary: Ensure that Silversky Recovery and Restoration can retrieve key parts of the body of Past, as well as the body of Cymbidium, Past’s elect. Secondary: Produce actionable intel about who killed Cymbidium. Additionally: Recover anything they’ve already stolen from Past. Rules of Engagement: The deployment of chemical, biological, explosive, and/or poisonous weapons is forbidden. Additionally, kill or capture anyone who has accessed the Divine Past’s memory. Hosted by Austin Walker (@austin_walker) Featuring Andi Clare (@captaintrash), Art Martinez-Tebbel (@atebbel), Jack de Quidt (@notquitereal), and Keith J Carberry (@keithjcarberry) Produced by Ali Acampora (@ali_west) Music by Jack de Quidt (available on bandcamp) Text by Austin Walker Cover Art by Craig Sheldon (@shoddyrobot)

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Ask Andy Suing The City Of Philadelphia And Sovereign Immunity

Play Episode Listen Later Oct 1, 2019 8:56

As a personal injury lawyer I sue the city of Philadelphia on a regular basis. However, you can only sue the city for certain failures or negligence discussed here. https://neuwirthlaw.com/askandysc/

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Sovereign immunity created by the U.S. navy

Targeted Individual: Since 1994 Implanted tracked and tortured

Play Episode Listen Later Aug 29, 2019 8:41

Sovereign immunity

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Targeted Individual: Since 1994 Implanted tracked and tortured

Play Episode Listen Later Aug 29, 2019 2:49

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Episode 04: Sovereign Immunity from Trade Secret Theft and What Courts Consider When Ruling on Trade Secret Status

Trade Secret Law Evolution Podcast

Play Episode Listen Later Aug 15, 2019 23:38

In this episode, we discuss narrow exceptions to the Foreign Sovereign Immunity Act, why two courts held that the plaintiffs did not sufficiently show that their information constituted trade secrets, and the ever-recurring issue of trade secret identification. We also welcome co-host, Kevin Cole. Link to disclosure statement here. This podcast is eligible for CA self-study CLE credit. Certificates of Attendance will not be issued. CA attorneys are responsible for self-reporting the amount of time they listened. For all other jurisdictions, please contact your state’s MCLE Board or Committee for guidance on their rules and regulations as it relates to self-study credit.

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Courthouse Steps: Supreme Court Overrules Nevada v. Hall Establishing Sister State Sovereign Immunity

Play Episode Listen Later May 28, 2019 33:00

In Franchise Tax Board of California v. Hyatt, the Supreme Court has overturned a 40-year-old precedent in a case that changes the relationship between the states in our federalist structure of government. Indiana Solicitor General Fisher was counsel of record for an amicus brief of 44 states asking the Court to overturn Nevada v. Hall. In the Franchise Tax Board case, California believed that Gilbert Hyatt had evaded California taxes by falsely claiming to have moved to Nevada before he did. The California officials entered Nevada and Hyatt alleges that they committed fraud and other torts against him while in Nevada. He sued those California officials in Nevada’s courts and won almost a half billion dollar award (although that was later reduced to about a hundred thousand dollars). But is it proper for one state to sit in judgment on the official actions of officers of other states? Nevada v. Hall allowed this, but the Supreme Court has now decided that states are constitutionally required to give other states’ official acts sovereign immunity even when it occurs within the "host" state’s borders. Solicitor General Fisher will explain why and implications for this case to the future of the law.Featuring:Hon. Thomas Fisher, Solicitor general, IndianaMr. Devin Watkins, Competitive Enterprise Institute Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Courthouse Steps: Supreme Court Overrules Nevada v. Hall Establishing Sister State Sovereign Immunity

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Play Episode Listen Later May 28, 2019 33:00

Episode 225: Sovereign Immunity

The After Lodge Podcast

Play Episode Listen Later May 15, 2019 44:12

Starting late because: reasons Looks like we're an every-other-week Podcast now Did Tony leave to join the Knights of Columbus? Harlan is recruiting local Masons to contest Lions Club turf . . . and loosing York Rite: do Grand Commanders have "sovereign immunity"? John has entered seminary We're going to be crashing the Masonic Restoration Foundation conference Perhaps we'll hit the Scottish Rite biennial session next Happy Birthday to Worshipless Producer Bruce! Email us at afterlodge@gmail.com (mailto:afterlodge@gmail.com) Hang out with us on /r/AfterLodge (https://www.reddit.com/r/afterlodge) Find us on Facebook (https://facebook.com/afterlodge) and Twitter (https://twitter.com/AfterLodge) Join us on IRC: irc.snoonet.org #freemasonry

Episode 7: The Mueller Investigation and Foreign Sovereign Immunity

International Law Behind the Headlines

Play Episode Listen Later Apr 15, 2019 24:14

In this episode we speak with Chimene Keitner, Fromm Professor of Law at Hastings and former Counselor at the State Department about the very unusual case of a foreign sovereign entity claiming immunity with regard to a subpoena from the Mueller investigation. Shrouded in extreme secrecy, the case raises interesting questions about the 1976 Foreign Sovereign Immunities Act and its connection to criminal, rather than civil, actions.

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What Does it Really Take to Sue the Government?

The Verdict

Play Episode Play 30 sec Highlight Listen Later Mar 7, 2019 28:55

In the fall of 2014, a 20-year-old Texas A&M University student died after ingesting sodium cyanide from one of the school's laboratories. The circumstances around Christian Taylor's death are now the subject of a lawsuit filed by his parents against Texas A&M. But before his attorney can even move forward with the personal injury lawsuit, he must first convince the state to waive the institution's sovereign immunity.

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Sovereign Immunity, 31st Sokol Colloquium

UVA Law

Play Episode Listen Later Jan 23, 2019 81:59

At UVA Law’s 31st Sokol Colloquium, Rutgers law professor Beth Stephens, Georgetown law professor David Stewart and University of Michigan law professor Kristina Daugirdas discussed sovereign immunity with moderator and United Kingdom Court of Appeals Lord Justice (ret.) Sir Jack Beatson. During the colloquium, scholars, jurists and practitioners discussed the American Law Institute’s “The Restatement (Fourth) of the Foreign Relations Law of the United States.” (University of Virginia School of Law, Jan. 12, 2019)

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Courthouse Steps Oral Argument: Franchise Tax Board of California v. Hyatt: Reviving Sister-State Sovereign Immunity

Play Episode Listen Later Jan 18, 2019 35:24

After Gilbert Hyatt, the petitioner, moved to Nevada he was investigated by the Franchise Tax Board of California for failing to pay California personal income taxes. Due to California’s actions in doing so, Hyatt sued California in Nevada’s courts for negligent misrepresentation, intentional infliction of emotional distress, fraud, invasion of privacy, abuse of process, and breach of a confidential relationship for which the jury found for Hyatt on all claims. California appealed the decision seeking to get the judgment vacated on sovereign immunity grounds. This teleform will discuss the Supreme Court oral arguments in Franchise Tax Board of California v. Hyatt. This case considers if a citizen can sue a state in the court of a different state. This raises a variety of substantial questions concerning federalism and state sovereign immunity. In Nevada v. Hall (1979), the Supreme Court rejected that sister-state immunity was implicit in the Constitution. Today in Hyatt, 44 states, among others, are asking the Court to overturn that decision and protect states from suit in other state’s courts. Professor Stephen Sachs will discuss how the Court approached this case at oral arguments and its implications on the future of state sovereign immunity.Featuring:Prof. Stephen E. Sachs, Professor of Law, Duke Law Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Courthouse Steps Oral Argument: Franchise Tax Board of California v. Hyatt: Reviving Sister-State Sovereign Immunity