The United States acts as the trustee for the land and water rights of American Indians. Many legal disputes involving these rights, however, are between Indians and agencies of the United States which are charged with responsibility to protect Indian interests. Conflict-of-interest problems arising out of this dual involvement on the part of Federal agencies are troublesome...
Sovereign Immunity (Documents)
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- Publication Date: August 28, 2012
- Tags: Conflict of Interest, Congress, Sovereign Immunity
- Publication Date: October 25, 2012
- Tags: Congress, Judicial Review, Sovereign Immunity
The technical legal defense of sovereign immunity, which the Government may still use in some instances to block suits against it by its citizens regardless of the merit of their claims, has become in large measure unacceptable. Many years ago the United States by statute accepted legal responsibility for contractual liability and for various types of misconduct by its...
- Committees: Judicial Review
- Publication Date: April 9, 2013
- Tags: Choice of Forum, Compensation, Congress, Contract Disputes, Judicial Review, Jurisdiction, Monetary Claims, Sovereign Immunity, Venue
On February 11, 2013, the House of Delegates of the American Bar Association (ABA) adopted Resolution 300, urging Congress to implement Conference Recommendation 2012-6. The resolution was offered by the ABA's Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.
This document includes the final resolution as adopted, followed...
- Committees: Judicial Review
- Publication Date: June 3, 2013
- Tags: Judicial Review, Jurisdiction, Sovereign Immunity
This updated version of Appendix A to the Section 1500 Report provides data on Section 1500 cases decided by the Court of Federal Claims and Federal Circuit from 2000-2012. Revised in early 2013, this version of the appendix was not available to the Committee on Judicial Review or the Assembly during the process of developing...
- Committees: Judicial Review
- Publication Date: November 7, 2013
- Tags: Choice of Forum, Compensation, Congress, Contract Disputes, Judicial Review, Jurisdiction, Monetary Claims, Sovereign Immunity, Venue
This is the final version of Emily S. Bremer and Jonathan R. Siegel's Section 1500 Report, as published in the Alabama Law Review in October 2013.