county indian nation new_york state county indian nation new_york state landmark united_states supreme_court case concerning title united_states case referred indian land claim case won basis act supreme_court held indian tribes common law cause action land claims based title act cause action cause action barred statute limitations implicit federal ratification justices held counties defense question majority reach expressed doubts furthermore court held eleventh amendment federal courts exercise jurisdiction cross claims counties states justices agreed entirety justice majority opinion marshall agreed parts claims counties white agreed counties claims state separate case referred second times indian nation reached supreme_court land rights claims followed indian nation new_york county holding federal subject matter jurisdiction followed city indian nation new_york rejecting tribe attempt later lawsuit assert tribal sovereignty parcels land acquired tribe fee simple background second time supreme_court granted land claim decade earlier indian nation new_york county supreme_court allowed suit proceed unanimously holding federal subject matter jurisdiction hear claim justices william douglas potter stewart departed replaced john paul stevens day connor united_states district court northern district new_york found counties liable possession lands awarded damages plus interest representing fair rental value land question year period specified complaint finally district court required new_york state counties united_states court appeals second circuit affirmed supreme_court granted determine indian tribe live cause action violation rights occurred years ago ultimately agreeing district court second circuit tribe appeal counties dispute district court findings held title lands question lands state violated act counties instead argued act cause action cause action time barred ratified federal government change counsel case initiated george bond king fee basis pro matter agreement firm tribe approved required department interior provided firm tribe act claim government sue private land owners firm handling tribe claim indian claims commission argued supreme_court native american rights fund assisted initially assisted firm served counsel trial decision took completely second appeal filed suit behalf pressing claims landowners additional lands march receive attorney fees tribe july united_states district court northern district new_york ruled entitled fees district court reduced fees number finding breached duty loyalty representing canadian opinion court majority opinion justice lewis recognized federal common law cause action rejected counties defenses cause action second circuit held federal common law cause action implied cause action act version governed transaction supreme_court reach statutory question held indians common law right sue firmly established court recognized decisions court prior recognized indians federal common law right sue enforce land rights citing string examples johnson court concluded hold maintain action violation rights based federal common law act court held cause action act speak directly question unlawful indian land court noted act establish comprehensive plan dealing violations indian property rights indication legislative history congress intended pre common law act contained provisions subsequent congressional contemplated land suits indians court found indicated court reviewed recent title decisions reiterated statement act merely statutory form came accepted rule statute limitations statute limitations federal cause action general rule borrow analogous state statute limitations inconsistent underlying federal policies court held borrowing state limitations period cases inconsistent federal policy reviewing congressional actions context indian claims commission court concluded violation congress hold state statute limitations period borrowed circumstances majority noted justices barred claim majority noted reach issue today district court ruled counties defense counties raised issue second circuit majority opined application defense action law novel cited proposition properly application void deed bar rights indian lands subject statutory restrictions majority called application questionable noted appear inconsistent established federal policy final majority noted question considerations limit relief available present day indians express opinion final disposition case congress exercise authority resolve far reaching indian claims counties advanced theory causes action acts unlike final version statutes court held different versions act contained substantially restraint indian lands court conclusion cause action ratification counties advanced theory later treaties united_states ceded different lands new_york constituted ratification earlier compliance act court found interpretation construction federal indian law provide inter treaties favor indians counties final argument land claim political question court found argument non light similar indian law jurisdiction final question court district court exercised jurisdiction counties cross claim state court rejected having basis law second circuit theory violating federal statute state suit federal court party claim state federal growing nucleus operative facts statutory violation counties cross claim meet traditional criteria jurisdiction court found criteria eleventh amendment conclusion court concluded remarking potential consequences arguing litigation makes clear necessity congressional action indian title statute words court thought claims dating century half barred long ago opinion indicates found applicable statute limitations relevant legal basis holding claims barred satisfied marshall justices william marshall joined entirety majority opinion jurisdiction portion brief opinion reiterated view kentucky eleventh amendment bars federal court suits states citizens states stevens white justice john paul stevens joined chief justice warren justices white william joined majority opinion cross claims state claims counties barred claim doctrine noting attempt assert claim successors interest waited years bringing suit avoid tribe freely valuable consideration absence evidence deception interference tribe right assert claim societal interests statutes particularly title real property stake convince claim barred extraordinary passage time worthy emphasis claim arose george_washington president united_states noted historical examples court applying indian claims argued doctrine applied action admitted action law equity specifically cited decisions court illustrate application doctrine actions seeking set aside violation federal law quoted lewis marshall proposition best interests society require causes action deferred time remark applicable land titles growth prosperity country titles real estate labor enjoyment fruits uncertain litigation limit produces consequences individuals dissent concluded court doubt believes grave historical injustice caused congress dissent address defenses raised counties subsequent developments decades settlement efforts judge entered county madison county representing fair market rental value minus set offs improvements plus pre judgment interest following year denied cross motions relief judgment seeking correct mathematical errors previously judge port pending appeal second circuit stipulated granted motions companion cases indian nation new_york new_york claim challenging pre constitutional million acre km2 tract rejected second circuit grounds confederation congress proclamation authority intent limit acquisition indian lands borders states city indian nation new_york decades frustrated failure case settle instead began purchase land claim area fee simple asserting sovereignty acquired parcels refusing pay property tax city indian nation new_york supreme_court held barred assertion sovereignty ancestral land acquired fee simple court consider original title disputed parcels extinguished holding district court held counties tax tribal sovereign immunity land held tribe satisfaction unpaid taxes second circuit affirmed judges urged supreme_court tribal sovereign immunity supreme_court granted tribe passed ordinance taxation court vacated indian nation new_york county test cases sides suit counties years damages stayed pending resolution settlement efforts suit resumed similar suit different tribe second circuit adopted view justices indian nation new_york defense defeated larger claim united_states petitioned supreme_court court denied october justices denial

County of Oneida v. Oneida Indian Nation of New York State


public interest disclosure act public interest disclosure act act parliament united_kingdom protects detrimental treatment employer influenced financial scandals accidents report committee standards public life bill introduced parliament richard shepherd given government support condition amendment employment rights act receiving royal july act came force july protects employees certain types information including evidence illegal activity damage environment retribution employers dismissal passed promotion cases retribution takes place employee bring case employment tribunal award compensation result act employers instituted internal procedures percent individuals surveyed worked company procedures place act criticised failing force employers institute policy containing provisions preventing employees failing protect employee libel proceedings allegation turn false background prior act united_kingdom protection dismissed employer avoid sued breach confidence thanks public interest defence prevent subtle open workplace including disciplinary action dismissal failure gain promotion pay rise early mid-1990s interest protection grew partially series financial scandals health safety accidents investigations showed prevented employees permitted voice concerns partially work committee standards public life private member bills dealing introduced parliament tony wright don respectively efforts fell richard shepherd proposed similar bill got government support condition amendment employment rights act new area law right public concern work based charity involved drafting consultation stages bill case graham pink added pressure introduce protection legislation public interest disclosure bill introduced house_of_commons shepherd given second reading december sent committee passed moved house_of_lords april passed june receiving royal july public interest disclosure act originally scheduled come force january act instead applicable law july contents act section act sections employment rights act titled protected provides disclosure makes employer prescribed person course seeking legal advice ministers crown individuals appointed secretary state purpose limited circumstances person protected addition disclosure reasonably believes shows criminal offence failure comply legal obligations justice danger health safety employees damage environment hiding information actions confidential information section abolish public interest defence addition disclosure information actions occurred occurring occur future offshore ltd employment appeal tribunal confirmed disclosure act came force sufficient dismissal persecution employer happened time list prescribed persons found public interest disclosure prescribed persons order includes official bodies health safety executive data protection certification officer environment agency secretary state trade industry employee protected makes disclosure good faith people reasonably believes relevant failure matter respect person prescribed information substantially true prescribed persons include scottish environment protection agency relation acts actual potential effect environment including relating pollution employee disclosure section new section providing employee shall suffer employment result includes negative actions absence action covers discipline dismissal failing gain pay rise access facilities provided employee suffer permitted complaint employment tribunal section employment tribunal law amended sections provide compensation reverse burden proof employee dismissed making protected disclosure dismissal automatically considered unfair similarly section employee given priority discussing simply disclosure sections account section notes requirement age length employment come effect section secretary state pass statutory instrument setting rules limits surrounding compensation employee dismissal making protected disclosure section provided interim cases unfair dismissal secretary state pass instrument public interest disclosure compensation regulations section repealed section employment relations act section act applies crown servants section employees act exclude sections serving police officers employed outside united_kingdom assessment impact terry writing criminal law justice weekly notes result act employers developed internal processes reporting issues partially desire fix problems publicly reported partially employee chooses use processes instead act act greater chance employer depict behaviour survey public concern work showed percent surveyed worked companies policies place percent knew legal protection existed number cases brought employment increased david lewis writing industrial law journal highlights weaknesses legislation firstly force employers policy relating secondly prevent employers refusing hire known industry previous jobs complexity law criticised fact disclosure turns incorrect employee sued libel employer volunteers self employed people covered information commit criminal offence time law provision psychological harm caused research shows increasing likelihood


fair dealing united_kingdom law fair dealing united_kingdom law doctrine provides exception united_kingdom copyright law cases copyright infringement purposes non commercial research study criticism review reporting current events limited united_states doctrine fair use fair dealing originates sections copyright designs patents act requires copying falls fair dealing categories fair cases contains sufficient original author factors deciding copying include quantity work taken previously published motives consequences infringement original author returns work research study apply commercial research include broadcasts sound recordings film limited application software criticised failing reflect increasing importance non media study research research private non academic setting future potential commercial purpose exception section act copying result copies substantially material provided person substantially time substantially purpose criticism review interpreted include criticism review work social moral implications impact exception available work question previously available public reporting current events exception event current exclude trivial news news event media coverage definition fair dealing exception united_kingdom copyright law allows use works licensing certain circumstances governed sections copyright designs patents act provide types situation fair dealing valid defence use purposes research private study allow criticism review purpose reporting current events contrasted united_states doctrine fair use provides general defence rigid specific categories acceptable behaviour united_kingdom law relying fair dealing defence actions fall specific category acceptable use opposed open list purposes law fair dealing exceptions previously case law fair use forms eliminated copyright act fair dealing fair dealing defence fact sued copyright infringement rely fair dealing defence court defence comes play established copyright occurs proof falls defendant prove exceptions applies proving infringement falls categories interpreted courts courts consideration thought work rely test way park residence seen necessary court shoes copyright instead objective test avoid providing encouragement notion required user sincere belief criticising work reporting current affairs copyright use falls categories dealing fair takes account number things freedom speech provisions human rights act deliberately intended based rigid tests instead telegraph group ltd courts bear mind considerations public interest paramount different things enhance fair nature dealing work available public time count use fair makes defence grounds criticism review unavailable courts different weight different kinds documents series private letters published infringement unpublished official reports discuss matters public interest work obtained purpose factor work obtained illegally dealing likely fair legitimately acquired similarly motives dealing negative park court judge objective standard fair minded honest person dealt copyright work manner question consequences factor parties case competitors work acts alternative purchasing original limit dealing occasionally courts consider purpose infringement achieved way park quantity work taken taken account uses majority work reduce expected returns copyright owner compromise role copyright plays encouraging creativity fair dealing defence usually applies work taken judicial comments state cases work short entirety acceptable use work factor takes work courts likely find dealing fair work simply reproduced modification analysis situations fair dealing defence accompanied sufficient author original work identified title description research study section act fair dealing valid defence dealing copyright infringement purpose non commercial research private study applies literary musical artistic works formats published works apply infringement broadcasts sound recordings film rationale exception copyright law research study necessary create new works inspire innovation non commercial nature research interfere rewards copyright provides original copyright holder limited nature exception criticised argue fails reflect increasing importance non media study research exception limited application things software defence apply dealing non commercial research private study private study defined section excluding study directly indirectly commercial purpose covers academic purposes things use database market testing new drugs research academic covered controller majesty office ordnance survey green ltd sets test thought research commercial purpose future precise distinction research private study historically important modern case law states difference unlike study research private exception copyright law justified research provides benefit society fair dealing exceptions copying research study purposes fair taking account factors mentioned special cases particularly dealing copying parties person copying research different rules apply publisher use justify printing parts publishers works hill order uphold exception justification courts recognise cover research assistant making behalf student researcher limitation section provides copying fair dealing person knows result copies substantially material provided person substantially time substantially purpose words academic print multiple copies work students rely fair dealings exception criticism review section act provides fair dealing exception valid material copied criticism review apply able dealing criticism review work previously available public dealing fair dealing accompanied step requires defendant copying review work question performance work work courts interpret criticism review newspaper licensing agency marks criticism review include thought philosophy work time warner channel_4 social moral implications work pro media television exception applicable work previously available public means including issuing copies lending copies performing exhibiting piece communicating public work clearly available public general exception apply prince wales associated newspapers prince charles distributed copies diary people clearly journals available public recipient strict instructions work confidential dealing shown fair taking account factors considered courts suggest relation fair dealings criticism review relevant aspects considered court likely quantity taken method acquisition consequences reporting current events section fair dealing work purpose reporting current events sufficient valid exception copyright photographs excluded write order preserve value holding unique visual record person event crucial element current events exception reporting covers current events older issue likely treated having currency park confirmed event took place time ago discussed treated current nature events confirmed things inherently considered events matters national importance major sporting contests important political occasions matters trivial treated events confirmed media attention transform trivial matter event pro works directly deal current events associated newspapers news group newspapers example concerned correspondence simpson husband occasion simpson death held correspondence relate closely death fair dealing exception apply dealing fair important factors quantity work use work necessary work previously published court appeal confirmed defence available public interest learning words written owner copyright publication chilling factor having pay damages account profits sufficient original author necessary works fair dealing exception applied section required reporting sound recording film broadcast impossible reasons parody caricature october section provides fair dealing defence cases infringement purpose caricature parody intellectual property office suggests parody work humorous satirical effect composition selections sources style artist period caricature portrays subject simplified exaggerated way insulting complimentary political purpose solely entertainment amendment scope fair dealing defence quotation


national industrial recovery act national industrial recovery act law passed united_states congress authorize president regulate industry attempt raise prices severe stimulate economic recovery established national public works program known public works administration confused national recovery administration portion widely hailed business opinion act march engaged chiefly drawing industrial codes industries adopt declared unconstitutional supreme_court replaced legislation enacted june great depression united_states president franklin roosevelt new deal legislative program section bill protected collective rights unions proved contentious especially senate chambers eventually passed legislation president roosevelt signed bill law june act main sections titles title devoted industrial recovery authorizing industrial codes fair competition guaranteed trade union rights permitted regulation working standards regulated price certain refined petroleum products transportation title established public works administration outlined projects funding opportunities engage title provided funding act act implemented public works administration large numbers regulations generated authority granted act led significant loss political support roosevelt new deal set june major constitutional ruling supreme_court held title act unconstitutional united_states national industrial recovery act widely considered policy failure 1930s historians today disputes reasons failure continue suggested causes act promoted economically harmful act lacked critical support business community poorly administered act encouraged union organizing led significant labor unrest mechanisms handling problems led congress pass national labor relations act act major force major modification law making false statements background enactment depression began united_states october grew steadily worse early president feared intervention government destroy self reliance considered important american values views appeared shared secretary treasury andrew combat growing economic decline organized number voluntary measures businesses encouraged state local government responses accelerated federal building projects policies little effect economic recovery end term supported legislative solutions felt lift country depression final attempt administration rescue economy passage emergency relief construction act provided funds public works programs reconstruction finance corporation provided low interest loans businesses defeated election roosevelt presidential election roosevelt convinced federal activism needed reverse country economic decline days office congress enacted roosevelt request series bills designed strengthen banking system including emergency banking act glass act created federal deposit insurance corporation banking act congress passed agricultural adjustment act stabilize nation agricultural industry enactment national industrial recovery act enacted end days hugh johnson frank bernard key roosevelt advisors believed competition helped cause great depression government critical role play national planning limited regulation trade associations support fair trade practices support workplace standard work week shorter working hours better working conditions roosevelt head trade association believed government promotion self organization trade associations effective method achieving national planning economic improvement work industrial relief bill weeks following roosevelt election nature talk exchange ideas legislative research drafting administration preoccupied banking agriculture legislation begin working industrial relief legislation early april congress moving industrial legislation senate robert wagner edward robert promoting public works legislation hugo black pushing short work week legislation motivated work industrial relief bill efforts roosevelt ordered work senators government interested craft bill draft bills emerged cautious john secretary commerce ambitious focusing trade associations hugh johnson leading businessmen including head general_electric charles chairman steel corporation chairman union pacific railroad henry president chamber commerce helped draft legislation bill section promoting cooperative action business achieve fair competition provide national planning second section establishing national public works program submitted congress house_of_representatives easily passed bill seven days contentious issue inclusion section protected collective rights unions section nearly passed bill senator wagner frank roosevelt aide worked retain section order win support american labor movement bill difficult time senate national association manufacturers chamber commerce industrialist henry ford opposed passage senator bennett clark introduced amendment section wagner senator george led successful opposition change bulk senate debate turned bill suspension law senators william burton hugo black opposed act arguing existing severe economic inequality concentrate wealth hands rich severe problem time believed causes great depression wagner defended bill arguing bill promotion codes fair trade practices help create progressive standards wages hours working conditions eliminate child labor senate passed amended legislation june house senate conference committee met evening june day june reconcile versions bill approving final version afternoon june house approved conference committee bill evening june extensive debate senate approved final bill june president roosevelt signed bill law june structure act national industrial recovery act major titles title devoted industrial recovery title section empowered president establish executive branch agencies carry purposes act provided sunset provision act years heart act title section permitted trade industrial associations seek presidential approval codes fair competition long codes promote provide unfair competition small businesses provided enforcement codes title section codes federal laws title section guaranteed right workers form unions banned yellow dog contracts employees shall right organize bargain collectively representatives choosing shall free interference restraint employers labor agents designation representatives self organization activities purpose collective mutual aid protection employee seeking employment shall required condition employment join company union refrain joining organizing assisting labor organization choosing title section permitted establishment standards maximum hours labor minimum rates pay working conditions industries covered codes section authorized president impose standards codes voluntary agreement reached title section authorized regulation oil prices transportation petroleum products pipeline section permitted executive oil pipeline company subsidiary business parent company found violation act title established public works administration title section established agency provided year sunset provision section outlines types public works new agency seek fund build title section authorized public works administration provide grants loans states order rapidly reduce unemployment use power eminent domain seize land materials engage public works title section explicitly provided million construction public highways bridges roads railroad crossings paths transportation projects title section authorized president million purchase farms purpose relocating individuals living urban areas cities farms allowing raise crops earn living title sections provided revenues fund act section appropriated money act implementation title iii act contained miscellaneous provisions transferred authority engage public works reconstruction finance corporation public works administration implementation implementation act began immediately hugh johnson spent june planning implementation national recovery administration established june days law enactment roosevelt angered johnson having administer public works administration went reported different cabinet agencies making coordination difficult money flowed slowly economy proved important agency far premiere symbol blue eagle implemented notorious generating large numbers regulations agency approved basic supplemental industry codes years business practices prohibited administrative orders running pages thousands opinions guides national regional local code boards interpreted enforced act backlash act significant generated large loss political support new deal turned number roosevelt closest aides roosevelt shifted views best way achieve economic recovery began new legislative program known second new deal implementation section proved immensely problematic act led massive wave union organizing punctuated employer union violence general strikes recognition strikes outset administrator hugh johnson believed section self enforcing quickly learned addition national labor board established auspices implement collective provisions act national labor board proved ineffective july new law national labor relations act superseded established new long lasting federal labor policy leadership public works authority torn new agency mission initiate construction projects distribute money federal agencies fund construction projects loans states fund construction projects roosevelt administration felt spend money fear federal deficit funds flowed slowly furthermore nature construction planning specifications held money determined ensure corruption agency reputation lead loss political support congress moved spending agency money supreme_court rule title unconstitutional clause act enabled survive projects funded uss uss enterprise 30th street railroad station philadelphia pennsylvania bridge port grand dam boulder dam fort dam dam overseas highway connecting key west florida mainland agency survived reorganization act consolidated federal public works work relief functions federal government new federal works agency president roosevelt sought authorization february backlash new deal coupled continuing congressional concern act suspension law left president request politically dead issue supreme_court ruled title unconstitutional legal challenge april president approved code fair competition live industry metropolitan area city new_york goal code ensure live provided sale jews fit human consumption prevent submission false sales price reports industry entirely centered new_york_city new code brothers indicted counts dismissed trial court acquitted convicted counts convicted selling bird leading hugh johnson jokingly suit sick chicken case legal aspects widely known number court challenges winding way courts tested united_states courts identified problems subject matter sought regulated power congress regulations violated fifth amendment united_states_constitution iii congress properly delegated power executive roosevelt aides johnson staff felt act survive court test department justice march declined appeal court ruling lumber industry code grounds case good test justice department action worried administration april second circuit court appeals upheld case felt government case strong determined appeal conviction government appealed supreme_court heard oral argument chief justice charles evans hughes wrote unanimous court united_states title national industrial recovery act unconstitutional hughes concluded law void critical term fair competition defined act second hughes found act delegation authority executive branch conclude point section recovery act precedent supplies standards trade industry activity undertake rules conduct applied particular states fact determined appropriate administrative procedure instead rules conduct making codes legislative undertaking section sets standards aside statement general aims rehabilitation correction expansion described section view scope broad declaration nature restrictions imposed discretion president approving codes laws government trade industry country virtually think code making authority conferred unconstitutional delegation legislative power finally restrictive reading constituted interstate commerce hughes held current flow commerce involved simply minute constitute interstate commerce subsequently congress power commerce clause enact legislation affecting commercial transactions court dismissed bare government ability regulate wages hours government argued national economic emergency required special consideration hughes disagreed dire economic circumstances country faced justify overly broad delegation act majority concluded extraordinary conditions extraordinary argument necessarily stops short attempt justify action lies outside sphere constitutional authority extraordinary conditions create constitutional power decision little practical impact congress unlikely act case criticism key criticism act time recently endorsed attendant economic problems associated type market failure national recovery review board established president roosevelt march review performance concluded act hindered economic growth promoting economic effects monopoly higher prices seen necessary severe depressed prices evidence higher prices led stability industry prices high economic recovery number scholars answer disagree pointing far important monetary budgetary tax policies contributors continuation great depression point created act inherently unstable effect prices minimal codes collapsed quickly second key criticism act lacked support business community doomed failure business support national planning government intervention strong collapsed studies conclude business support uniform larger older businesses embraced legislation smaller newer ones highly competitive market capital investment lose failed classic problem codes failed small business abandoned studies steel automobile manufacturing lumber textile rubber industries level source support tend support conclusion support industry act performed intended major criticism act poorly administered act brought competing interests labor business big business small business etc coalition support passage legislation competing interests soon fought act implementation consequence collapsed failure leadership confusion goals end leaders practically abandoned progressive policy motivated act passage supporting free market contributing collapse industry codes wide range additional critiques industry codes interfered capital markets economic recovery recent analyses conclude little effect capital markets way political uncertainty created caused drop business confidence recovery study shown effect whatsoever noted section led significant increases union organizing intended act enforcement section legal limitations led clear failures section affected supreme_court decision failure section led directly passage national labor relations act july historian stated failure political embarrassment liberals probably including roosevelt quietly relieved demise new dealers worried supreme_court strict interpretation interstate commerce clause worried legislation legacy request secretary wished use statute making false statements enforce section producers hot oil oil produced violation production restrictions established congress passed pub enacted june amended false claims act read purpose obtaining aiding obtain payment approval claim purpose intent cheating government united_states department thereof corporation united_states_of_america shall conceal cover trick scheme device material fact cause false fraudulent statements representations use cause false bill roll account claim certificate deposition knowing contain fraudulent fictitious statement entry matter jurisdiction department agency united_states corporation united_states_of_america form statute slightly modified form exists today


joint tribal council tribe joint tribal council tribe 1st landmark decision title united_states united_states court appeals circuit held act applied non federally recognized indian tribes established trust relationship tribes federal government state maine terminate judgement united_states district court district maine circuit cleared way federal government bring land claim behalf approximately maine area populated non indians according department justice suit potentially complex litigation brought federal courts social economic impacts precedent incredible potential litigation costs parties decision led passage maine indian claims settlement act million benefit tribes allow purchase lands maine title maine settlement reached decade enormously complex litigation negotiation claim series eastern indian land claims prosecuted successful suit return significant land compared million compensation case financial compensation indian land claims settlements background transactions indigenous populations present modern day maine years year round occupation years burial sites associated speaking culture date years confederacy included tribes pre dates european contact region contact extended contact europeans short lived settlement built island samuel research baker uncovered extant deeds documenting private purchases land indigenous peoples english speaking settlers earliest dating lands remained reach english settlers century years prior end french indian wars province massachusetts bay taken possession land head tide river near present day revolutionary war having superintendent john allied colonies fought british war urged continental congress follow promises tribes congress took action revoked appointment commissioner commonwealth massachusetts negotiated treaty alienated lands issue later litigation treaty reserved acres km2 tribe ceded acres km2 river basin ceded remaining land save islands river mile square maine gained assumed massachusetts obligations treaties final big grab happened maine purchased indian island land occurred federally ratified treaty according beginning country history american indian tribes subject federal authority jurisdiction maine indigenous populations lived reservations exclusively completely administered state unique arrangement shaped tribal life maine proved crucial issue development resolution tribe land claim late 19th century maine supreme_court held tribe rights dispute 1950s nation hired lawyer research possibility land claim light administration indian termination policy counsel opined obtaining fair hearing claim virtually impossible 1960s maine continued fulfill certain provisions treaty including periodic provision yards blue cloth pounds powder salt hats barrel acres km2 reservation acres km2 diverted purposes acres km2 remained tribal control february tribal council indian township reservation requested meeting maine governor attorney general discuss land dispute related construction non indians lands claimed tribe representatives kept waiting hours scheduled meeting time governor attorney general wished took claim court soon meeting vote tribal council members protested construction project route resulting arrests charged conduct hired attorney don defend charges pending began prepare land claim behalf tribe attorneys theory maine violated treaty selling acres km2 land maine provision sovereign immunity example state claims court strategy sue massachusetts hoping massachusetts turn sue maine march massachusetts attorney john filed suit suffolk superior court boston seeking million damages initial claim involved land indian township reservation days later maine officers raided home arrested possession marijuana eventually convicted bail fled israel lawsuit started prosecuted representing fee agreement turn assigned fee negotiations maine indian claims settlement act reaching close performed work tribes filed suit district maine claiming entitled portion eventual settlement october judge dismissed suit grounds tribal sovereign immunity appeal came circuit maine filed brief arguing tribe entitled immunity circuit rejected argument similar suit changed ben thrown tom worked summer law clerk summer joined indian legal services unit pine tree legal services funded office economic opportunity provide legal services clients graduation june remainder year assisted members petty disputes divorce bill collection early began assisting tribe effort receive federal grants wrote article francis editor chief maine law review arguing maine tribes fall federal state jurisdiction noted evidence treaty compliance non intercourse act tribal council fired asked fearing federally funded legal aid employer withstand political pressure suit inevitably provoke asked native american rights fund act counsel eventually course litigation attempted persuade large law firm join case pro turned arthur frank harris claims indian claims commission based involved pointed claim net commission cost litigation said indian claims commission case act claim shook head told dreaming able recruit barry david stuart ross members team robert robert pine tree legal assistance prelude petition critical strategy required state court believed biased claim limited claim acres km2 promised treaty leave tribes state jurisdiction ineligible federal benefits theory considered order overcome maine sovereign immunity rely united_states lee permitted land claim heirs robert lee federal government feared federal court find lacked subject matter jurisdiction action pleaded complaint rule supreme_court held indian nation new_york county decided years complaint filed worried delay related defenses adverse possession statute limitations team discovered year federal statute limitations actions federal government money damages related indian lands treated prior claims arising date passage july mere eighteen months july team come alternate theories overcome maine sovereign immunity pleaded complaint rule delay based defenses clearly established weaknesses apply act suit federal government recommended tribe argue entire treaty void ask federal government seek possession entire acres km2 behalf tribal council unanimously approved strategy grievances management tribal trust fund tribal hunting fishing rights tribal members later april approached land claim concerned acres km2 february governors tribes indian township pleasant point wrote letter louis bruce commissioner bureau indian affairs asking initiate lawsuit july 18th deadline early march bruce sent letter department interior recommending tribes request granted reply forthcoming april met william associate solicitor indian affairs said time needed mid persuaded governor kenneth curtis issue public statement saying deserved date court senators margaret chase smith representatives william peter issued similar statements support advised interior action noting court ordered federal government file lawsuit behalf multi million dollar lawsuit behalf powerless virtually indian tribe colleagues agreed court hesitant order litigation doctrine discretion believed light impending statute limitations court order federal government simply file lawsuit exercise court common law power preserve jurisdiction district maine decision tribes complaint filed united_states district court district maine june tribes asked judgment preliminary injunction requiring interior department file suit billion damages acres land appearance judge edward weeks filing complaint hearings appearance court relied provision administrative procedure act permits review court agency action withheld delayed justice department lawyer dennis represented secretary judge gave secretary week voluntarily file suit report reasons second hearing june secretary took position act apply maine original states applied federally recognized tribes secretary argued filing lawsuit damage relations federal government state maine judge pointed maine governor entire congressional delegation called secretary bring suit attorney maine peter mills counsel table declared wanted government bring suit causing laughter courtroom judge issued preliminary order requiring secretary file lawsuit secretary filed suit united_states maine damages behalf july tribe voted join lawsuit late june secretary filed second lawsuit behalf july day statute limitations expired hours statutory period day congress extended days series extensions united_states maine stayed pending resolution proceedings district court hold circuit dismissed secretary appeal judge preliminary order tribe amended complaint abandoning request relief instead asking judgment judge allowed state maine intervene judge ruling issued january eighteen months oral arguments concluded judge ruled tribe favor questions reach act applies tribe act establishes trust relationship united_states tribe united_states deny request litigation sole ground trust relationship circuit opinion defendants appealed united_states court appeals circuit december judge campbell unanimous panel affirmed trust relationship found circuit reach issue act circuit held plain meaning act applied tribe federally recognized congress prevented tribes generally appears successive versions act act suggest tribe read exclude tribe federally recognized district court found evidence congressional intent legislative history interpretation find inclusive reading policy purpose act circuit acknowledged holding great relevance tribe ultimate land claim turning district court acknowledge certain deciding act encompasses tribe considering time act encompasses land transactions maine tribe tribe act best decided ordinary circumstances tribe specific land claims act speaks tribes context land dealings circuit wish result potential future lawsuit deemed settling act relief extends tribe land transactions maine specific transactions new facts legal considerations appear maine free future litigation defend broadly extent arguing positions theories overlap considerably treated existence trust relationship campbell acknowledged federal dealings sparse federal government dealings tribe entered treaty tribe congress enacted legislation mentioning tribe circuit held act sufficient create trust relationship absence federal recognition treaty act federal government role respect protection lands tribe covered act question history wording structure act cases cited district court opinion purpose act held acknowledge guarantee indian tribes right occupancy clearly meaningful guarantee corresponding federal duty investigate action circumstances having found trust relationship existed circuit rejected remainder maine arguments grounds congress right determine shall cease circuit noted later consideration congress tribe deemed manner congress ratified tribe land transactions maine settlement negotiations ford administration defendants appeal supreme_court time filing appeal march judge decision final gained federal recognition eligible million year housing education health care social services bureau indian affairs interior department office began looking proceed united_states maine afterward tom tribes lawyer tried negotiate cash settlement maine governor james maine attorney general joseph great northern corporation largest landowner state unwilling discuss settlement negotiate devoted energy assisting office researching legal historical basis claim september boston law firm ropes gray opined state million municipal bond issue forward property claim area september governor flew washington maine introduced legislation directing federal courts hear tribe claim congress bills considered bradley member ford administration evaluated tribe claim concluded maine tribes stood gain portion state federal government went forward dispute behalf tribe court declared tribe entitled evaluated options recommended land cash settlement december ford decided pass issue administration president jimmy carter interior memo january prior carter inauguration interior department sent justice department litigation report merits claim recommending sought landowners acres km2 claim area populated people response governor called tribes limit claim value land interest method indian claims commission cases called congress pass legislation forcing tribes limit claim interior memo reached peter grandson president head justice department land natural resources division wrote judge declaring intention test cases concerning acres km2 forests owned large forestry companies claim area june settlement reached march maine delegation introduced bills title maine compensation senator james chairman senate indian affairs committee denounced legislation sided declined hold hearings task force soon carter created special white_house task force investigate claims carter named retiring judge william state supreme_court georgia dispute cox professor harvard special prosecutor joined tribes legal team pro response governor hired edward bennett williams named partner williams represent state months presentations judge ensued july page memorandum president carter announced proposed solution million federal treasury acres km2 disputed area assembled state conveyed federal government trust state holdings claim area option purchase acres km2 fair market value negotiated interior secretary tribes rejected settlement proposed congress title privately held lands claim area allow tribes claims acres km2 owned state maine second task force tribes state rejected solution october carter appointed new member task force white_house work group consisting legislative assistant senator leo interior solicitor stevens clay partner judge law firm period months task force facilitated negotiations settlement include portions cash land services memorandum understanding signed early february memorandum called acres km2 additional land coming paper timber companies million trust fund tribes return tribes agree title acres km2 cleared title acres km2 leaving tribe claims state fourteen private landowners great northern paper corporation international paper company cascade corporation georgia pacific corporation diamond international corporation scott paper company paper company tribes agree dismiss claims state million year years claims private landowners acres km2 option buy acres km2 fair market value congress appropriate million compensate contributing private landowners million assist tribes exercising option final negotiations april governor attorney general finally sat tribal negotiating committee negotiations broke issue state taxation civil criminal jurisdiction response june attorney general griffin bell threatened commence phase litigation state acres km2 million august bell informed judge proceed fourteen large private landowners september bell asked month delay claim state representative william running senator william tribe main ally congress election advertisements criticizing role land claim public announcement new plan negotiated defeated landslide replaced gubernatorial election tribes progress implementing plans paper timber companies ceased support proposal extent required federal clear replaced assistant affairs interior secretary cecil previously negotiated settlement land claim rhode_island lawyer paper timber companies negotiated solution million settlement funds come programs federal budget settlement presented maine congressional delegation august refusal endorse maine legislature approved governor turn refused accept deal limit state jurisdiction tribes legal developments occurred eve settlement circuit held tribe entitled tribal sovereign immunity second maine supreme judicial court held state state jurisdiction punish reservation arson federal major crimes act wilson indian tribe supreme_court held provision act placing burden proof land claims non indians apply state defendants apply corporate defendants language wilson threatened act indian country tribes persuaded solicitor general file motion asking court language opinion court denied motion maine unsuccessfully sought basis wilson maine implementing act maine new attorney general richard relation senator took negotiations state soon new concessions march draft legislation approved tribes joint negotiating committee ratified advisory referendum tribes membership vote permitted inclusion band indians settlement maine state legislature passed maine implementing act statute enabling settlement april maine indian claims settlement act political changes preceded passage settlement act senator previously supportive settlement gaining national prominence issue fiscal responsibility prior democratic primary gave seat chairman senate budget committee accept president carter nomination secretary state second governor choice replace inherit predecessor committee assignments george mitchell supported land claim attorney possessed legal tenure district judge factor affecting final push settlement fear ronald_reagan won presidential election veto settlement favorable tribes june senators mitchell william introduced settlement act senate house passed maine indian claims settlement act september senate september president carter signed october appropriation bill funding settlement approved december extinguished title maine return act allocated million million placed trust tribes remaining million allocated tribes purchase acres km2 land land acquisition funds divided million million gained federal recognition possessed altogether tribes received equivalent acres capita aftermath august acquired approximately acres km2 approximately acres km2 january acquired acres km2 acres km2 including acres km2 reservation acquired subsequently amended provide additional compensation band settlement acts created unique relationships state maine tribes provided tribe nation members land natural resources owned held trust shall subject jurisdiction state maine extent manner provided maine implementing act provided tribes lands shall subject laws state civil criminal jurisdiction courts state extent person natural resources outside maine federal government tribal governments generally share concurrent civil criminal jurisdiction indian country state governments possess jurisdiction granted congress circuit interpreted settlement acts limit authority maine tribes relative federally recognized tribes settlement acts federal law internal tribal matters lawyer argues narrow interpretation statutes makes difficult tribal governments serve protect peoples lands culture result incompatible united_nations declaration rights indigenous peoples precedent decision binding circuit includes states maine new_hampshire massachusetts rhode_island settlement act extinguished title litigation maine early precedent opinion striking defendants defenses land claim rhode_island district court noted task greatly simplified circuit analysis act citing court held rhode_island attempt tribe provision services tribe operate terminate trust relationship instead court held need establish tribe racially culturally come protection act claim settled legislation tribe new circuit confronted land claim non federally recognized tribe massachusetts time tribe sought damages judgment question tribal status went jury circuit affirmed jury finding ceased tribe cited principle courts accord substantial weight federal recognition tribe held congress terminate trust relationship noted establishment trust relationship tribes generally guarantee perpetual existence particular tribe prove tribe relevant times claim benefit trust relationship circuit held tribes individual indians bring act claims circuit rejected attempt stay litigation bureau indian affairs tribe petition federal recognition court noted department formally passed tribal status far record shows group status disputed department prescribed procedures called develop special expertise distinguishing tribes groups indians regulations establishing criteria federal recognition tribes light new regulations later use second circuit held retains primary jurisdiction tribal recognition words act claims tribes stayed given timely opportunity tribe petition recognition rejects tribe petition tribe act claim barred commentary john david deputy assistant attorneys general state maine respectively involved litigation published law review article criticizing circuit decision argued act restriction land purchases tribes meant apply land territory state according district circuit courts available legislative history administrative legal analysis case law necessary fully informed decision study settlement based interviews conducted members tribes members members conducted september december according clear consensus tribes gained lost final negotiations view final analysis settlement negotiations appear compromised basis claim bringing tribes closer state supervision real way deterioration culture tribes sought reverse going court aggravated litigation political negotiation claim

Joint Tribal Council of the Passamaquoddy Tribe v. Morton


tracing english law tracing english law procedure identify property money taken way recover property identify courts decide remedy apply procedure situations broadly property transferred theft breach trust mistake tracing divided forms common law tracing tracing common law tracing relies having legal ownership property fail property mixed property legal title transferred defendant legal title transferred defendant recipient property tracing hand relies having interest property succeed property mixed property defences tracing possible particularly returning property harm innocent defendant false representations defendant relied property transferred innocent party given defendant return recover lieu definition tracing process allows recovery property land money owner taken owner transfer title theft breach trust mistake owners recover property profits situations property recovered mixed property found substitute property process steps following tracing lord defined saying following tracing exercises locating assets taken represent asset belonging assert ownership process following tracing distinct following process following asset moves hand hand tracing process identifying new asset substitute old following simply establishing original owner property property returning original owner tracing arises property returned court asked recognise interest new property defendant received exchange original property tracing occur common law equity remedy breach trust tracing merely process identifying property courts decide happen tracing common law common law tracing seeks identify property belongs common law physical possession property passes legal ownership problem common law tracing property identifiable mixed property money paid account money different source successfully recovered essential transfer transfer legal title succeeding transfer happened property common law interest property legal title proceeds brothers recover money common law limitations leading academics judges suggested common law tracing completely merged tracing tracing equity tracing based legal ownership possession interest advantages tracing trace property mixed property justified saying equity power charge mixed fund trust enables follow money derived fund treated subject charge favour limitation property bank account longer contains money repay traced tracing valid things demonstrated title exist brought existence courts secondly kind relationship defendant property transferred breach trust necessary establish relationship exists addition property transferred breach trust traced party good faith previously relationship historically courts willing generous finding necessary relationship existed going far recognise relationships exist time transfer mixture trust funds trustee funds tracing greatest strength ability trace money different rules apply different situations money mixed money trustee trust fund mixed trust fund money belonging innocent volunteer money transferred mistake intent money mixed money trustee court decision depends motive trustee trustee expected invest trust property behave honestly courts choose find trustee transferred money goal trust trustee assumed behave honestly profits assumed convenient fiction trust money losses trustee personal funds alternate approach taken election approach trust funds mixed trustee personal funds investment money allowed elect investment held security amounts owed investment trust fund considered exception rule said primary rule regard mixed fund gains losses borne contributors right elect instead enforce obtain exception primary fund claim claiming innocent parties mistake funds mixed trust mixed funds innocent volunteer certain general principles apply laid principle applied ranks volunteer equal claim funds fund decreases increases value party claim percentage equal contribution problem comes mixed funds unequal acquire property long standing rule established case money deposited deemed spent property purchased problem property valuable second property purchased loses money second able claim money entirety alternate approach previously mentioned idea total property worth share input assuming money tied property purchased second money second property international court appeal applied similar set principles holding size contribution time money mixed fund factors considered payments mistake able losses leading case lord declared trust created recipient funds aware mistaken transfer ignorance mistake create relationship trust property loss right trace defences right trace lost property found longer exists defences tracing possible change position defence defendant received property giving change personal circumstances defined lord innocent defendant position changed suffer injustice called repay repay injustice requiring repay injustice denying defence closely linked limitations bad faith defendant defence recipient property encouraged transfer received mistake making defence available people act illegally ltd activity constitutes change position broadly defined taking steps taken taking steps taken result receiving property defence representation similar change position comes defendant false representation acted traditionally entire property defendant defence successful national westminster bank international court appeal decided defendant allowed retain property equal losses representation defence similar change position passing defendant passed property person benefit defendant impossible trace property defendant property proceeds transferring


lone wolf lone wolf united_states supreme_court case brought government chief lone wolf charged native american tribes medicine lodge treaty land congressional actions violation treaty court declared power united_states congress gave authority treaty obligations united_states native american tribes decision marked departure holdings nation georgia worcester georgia shown greater respect autonomy native american tribes background tribes tribe native american tribe historically inhabited southern great plains present day oklahoma texas kansas new_mexico originally northern great plains river pressure tribes eventually moved settled south arkansas river primarily present day oklahoma long history close association alliance plains formed alliance formed barrier european american incursions territories alliance travel santa trail hazardous attacks wagon trains beginning continuing treaties fort gibson leaders tribe signed treaty united_states need treaty apparent united_states entered treaty fort indian territory treaty specifically designate reservation extension treaty attempt place tribes reservation river texas near fort indian agent robert neighbors neighbors resolved reservation indian territory august neighbors moved indians reservation indian territory south river near fort near present day kansas tribes signed treaty provided reservation present day oklahoma texas finally tribes agreed medicine lodge treaty treaty provided smaller reservation stipulated whites allowed reservation reduce reserve land require approval tribal members period year united_states breached treaty general william ordered tribes fort withheld treaty payments requested order declaring hunting rights time indian agents trying undermine tribal authority buffalo eliminated white hunting new leaders emerged time period parker lone wolf younger following defeat battle canyon parker settled began adopt white ways lone wolf followers continued resist policies old tribal leaders arrested imprisoned left reservation hunt war leaders lone wolf elder started pass away old age disease period tribes unsuccessful farming found way land pay grazing acres cattle annual payment tribes time whites living outside reservation boundary coming timber goods resulting tribes forming police force protect property white theft commission united_states sent commission consisting david alfred wilson warren meet convince turn reserve white settlement return million lone wolf spoke opposition saying good schools reservation intend send children taught arts manual labor learn live like white people soon advised people build houses number today living houses building contemplating building reason making rapid progress ask commission push ahead fast road morning council decided sell country decided sell country decided sell country wish commission force week negotiations terms set member receive acres tribes receive million paid members remaining money held trust tribes interest commission immediately began collect signatures quickly allegations fraud arose interpreter widely suspected accused forcing members sign thinking signing document opposing agreement tribes unanimous opposition agreement asked document requested signatures removed lone wolf later stated refused threatened violence left reservation government claimed approval quarters tribe congress validity agreement question tribes joined indian rights association local lobbied ratification congress wrote letters senators stating agreement utterly destructive honor good faith characterize dealings people especially weak enforce rights mean appeal sense justice secretary interior informed congress devastating tribes land suited farming land allotted allow sufficient land cattle bill introduced agreement failed receive necessary votes reintroduced year passed years later agreement finally passed rock island railroad agree set aside additional acres tribes hold common lower courts ratification agreement delegation tribal leaders traveled washington requested meeting president william position tribes conform decision congress parker principal chiefs accepted fight lone wolf continued argue accepting lone wolf hired william federal judge congressman supreme_court district_of_columbia june filed suit supreme_court district_of_columbia different court united_states supreme_court asked injunction stop opening lands settlement land argued agreement deprived tribes lands process violation constitution breaking treaty tribes alleged signing agreement signed quarters members required treaty protested agreement beginning version congress ratified different version signed suit heard august government began sell tribes surplus land judge bradley ruled lone wolf holding congress authority land citing united_states circuit court appeals appealed circuit court appeals time court heard appeal reservation land allotted excess land sold circuit ruled question political question decided congress court held act congress prevail specific article treaty indian tribe court held event land belong tribe controlled united_states indians mere occupants circuit court affirmed decision lower court supreme_court arguments point hired attorney lead arguments remained lower courts tribes deprived land process attorneys noted united_states deprived tribe land form consent tribe highlighted worcester georgia indian canon construction arguments van argued case united_states taking position congress power treaty cited authority congress having power indian matters opinion court justice edward white delivered opinion unanimous court court held congress authority void treaty obligations native american tribes inherent power noting authority tribal relations indians exercised congress beginning power deemed political subject controlled judicial department government decision based things view united_states relationship tribes indian tribes nation communities dependent united_states dependent largely daily food dependent political rights allegiance states receive protection local ill feeling people states found deadliest enemies weakness largely course dealing federal government treaties promised arises duty protection power recognized executive congress court question arisen decision presented american indians inferior race culture religion presumed matter united_states governed considerations justice control christian people treatment ignorant dependent race justice action indians respect lands question governmental policy matter open discussion controversy parties derives title indians white held requiring tribal consent actually hurt tribes tribes congress act good faith protect tribal needs justice john marshall concurred judgment author separate opinion subsequent developments cases indian tribe went court resort warfare resolve issue major defeat tribes reports ninety percent land allotted tribal members lost settlers 1920s tribes impoverished unemployment rate percent approximately acres thirds indian lands transferred settlers report published showing destructive effects policy process continued time congress ended land went acres acres court ruling meant left indian tribes use resolve land disputes congress indians eligible bring case united_states court claims tucker act limited actions hostile state courts legally scholars compared lone wolf infamous scott case universally condemned decision


center class action center class action washington public interest law firm founded frank june represent consumers dissatisfied counsel class actions class action settlements organization according american lawyer march filed objections settlements objections pending federal district courts successful objected settlements united_states particularly cases class action lawyers receive cash payments class receives products services defendant company distanced firms money holding class action settlements paid raised objections class action settlements involving grand theft auto hot coffee civic hybrids apple edwards indian trust background frank inspired establish center success class action settlement grand theft auto consumer fraud case class members received attorneys asking million june frank founded public interest non profit law firm center class action represent consumers dissatisfied counsel class actions class action settlements firm described frank guerrilla operation budget initially project donors trust nonprofit donor advised fund paid independent contractor manage project relying donors charitable foundations independent individuals fund date accepted percent requests received object settlement frank said good settlement close line wouldn risk creating bad precedent staff attorneys including frank distanced firms called professional money holding class action settlements paid practice criticized class action lawyers class action lawyers companies commentator said appears matter principle according american lawyer march filed objections settlements objections pending federal district courts successful cause founder frank said reason started high probability district courts rubber settlements think bad settlements 9th circuit court appeals provide guidance judges shouldn approve settlements said class action landscape long included professional settlement target large cases hopes percentage attorney fees reward doesn solve problem niche isn filled find somebody crazy like willing spend dozens hours time hundreds dollars money claim benefit frank said objection case court united_states district court northern district ohio center focuses bringing objections unfair class action settlements makes effort engage pro quo settlements attorneys settled objection center analyses complaints consumers class actions settlement notices determine settlement law favors attorneys class members cases challenging emerging trend known created american courts 1970s mechanism distribute funds stand organizations causes cases impractical distribute class action settlement funds directly entire class practice criticized time time funds parties case case challenged settlement directed million total million settlement apple pay shareholders employee stock option grants unrelated law school programs corporate governance according frank march attorneys brown firm published los_angeles daily journal attacking litigation awards corporate campaign frank firmly stated manhattan institute run website point center class action taken dollar profit corporate money objected settlements united_states cases class action lawyers receive cash payments class receives products services defendant company argues cases actual payment lower stated amounts successfully objected settlement central district california class action alleging consumer fraud sale civic hybrids settlement provided million attorneys fees class frank position settlements expressed written objection case stated provide meaningful compensation class members fail ill gotten gains defendant require class members future business defendant order receive compensation notable cases recently lost appeal online dvd rental litigation case initially filed northern district california appealed united_states court appeals ninth circuit objected attorneys fees awarded district court district court judge overruled objections awarded attorneys fees requested appeal circuit court met award attorneys fees affirmed frank case number court appeals ninth circuit frank expense traveled new_york filed successful objection proposed class action settlement grand theft auto consumer fraud case class members bought grand theft auto computer game hidden sexually explicit easter egg received attorneys received million legal fees spurred complaints excessive sexual content game class action attorneys sued makers interactive software software giant received claims consumers agreed settlement lawyers collect million case succeeded settlement halted january representing client dan successfully filed objection original settlement travelers case district court northern district ohio reduced million attorneys fee request million class members receiving million instead million february successfully objected settlement central district california class action alleging consumer fraud sale civic hybrids settlement provided million attorneys fees class frank reported said nearly worthless intended find worthwhile fill necessary involved case surrounding allegations email case brought frank northern district california chief judge walker challenged settlement consists software frank argued court award limit requested million attorney fees judge walker rejected settlement october later frank citing american law institute guidelines objected apple settlement class action arguing giving money parties affiliated class counsel instead class breach duty frank stated magnitude settlement compared original claims demonstrates settlement cost defend suit pay attorneys away response objection parties amended settlement million originally proposed class members court awarded attorneys fees role winning million class april frank filed objection billion funded indian trust settlement federal government agreed december established billion trust accounting administration fund billion trust land consolidation fund buy land interests agreed settlement maximum million allocated lawyers fees demanded million acting behalf tribe member frank argued case pure greed stating included outrageous fee request resulted criticism class counsel interested personal recovery interests class filed lengthy brief missouri challenging settlement gave lawyers sued edwards million fees negotiating agreement provided total million customers annual valued apiece rest louis judge angela missouri court appeals rejected case ruling cases involving complex litigation class action context contingent fee award august won case federal appeals court california objected class action settlements attorneys fees litigation original case filed lawyers noticed news articles potential hearing loss filed suits behalf millions customers prior settlement effectively paid consumers given lawyers negotiated pact fees amended frank firm frank regards case milestone fight prevent abuses frank unsuccessfully filed objection settlement case radio provided percent million attorneys judge ruled august settlement terms demonstrate sufficient rejected frank claims frank vowed appeal saying don like lose good case court june filed objection behalf class members water settlement attorneys asking million recovering million fund small class case pending


threatening president united_states threatening president united_states class united_states code title section consists making threat life kidnap inflict harm president united_states united_states secret service investigates suspected violations law monitors history threatening president threatening president considered political offense immigrants commit crime deported offense consists pure speech courts issued attempting balance government interest protecting president free speech rights amendment constitution united_states according book stalking threatening attacking public figures hundreds celebrity threaten president united_states year disagree policies president prototype section english treason act crime compass imagine death king convictions sustained declaring president wilson ought killed wonder opportunity declaring wilson wooden headed son bitch wish wilson hell power later era conviction sustained displaying posters urging hang president roosevelt controversy federal courts term interpreted traditional legal interpretations term reflected black law dictionary definition includes descriptions evil intent bad motive purpose courts adopted easily proven standard instance court appeals seventh circuit held threat maker meaning words willingly addition meaning words maker voluntarily intentionally declaration apparent determination carry execution according attorney manual individuals come secret service attention creating possible danger approximately percent mentally ill frequency statute enacted occurred highly charged years world war decisions handed courts early cases reflected words demonstrating vague spirit relative statute world war era number increased turbulent vietnam war era tended fall country directly embroiled national crisis situation number reported threats rose according reports president george bush received threats year successor barack_obama received times figure disputed secret service director mark sullivan says obama receives threats previous presidents according attorneys manual media attention given certain kinds criminal activity generate criminal activity especially true concerning presidential threats documented data previously supplied united_states secret service example month period following march attempt life president reagan average number threats secret service increased percent similar period prior year reason agency recommends considering use sealed news threats leaking press incidents convictions sustained declaring president wilson ought killed wonder opportunity declaring wilson wooden headed son bitch wish wilson hell power later era conviction sustained displaying posters urging hang president franklin roosevelt interview comedian told flash magazine think hope country nixon assassination attorney james opined thing kill richard_nixon leader organization advocates killing people government utter words attributed alleged comedian july los_angeles_times published sunday editorial cartoon conservative michael depicted man pointing gun president bush head takeoff pulitzer prize winning photo eddie adams showed south vietnamese national police chief loan executing prisoner point blank range cartoon prompted visit secret service charges filed teacher instructed senior economics class photographs illustrate rights contained united_states bill rights student taken photo george bush magazine picture wall red thumb head thumb sign hand president picture photo taken poster photo department employee reported police secret service investigated charges filed university teaching assistant convicted posting messages yahoo finance criticizing iraq war stating assassination bush rape kill bush defense argued defendant explicitly threatened september secret service investigated facebook polls asked president barack_obama assassinated question arisen handle facebook groups lets kill bush shoes reference shoe incident members september similar issues arisen myspace come secret service investigation including ones said assassination america survived lincoln kennedy surely bullet sic obama head american clear shot drop obama like bad habit blacks claims black turn barack_obama johnny logan sentenced louisville kentucky months prison posting poem entitled sniper president assassination white website apologized court saying news upset mother death fallen white group helped kick drug habit brian dean miller sentenced texas months prison posting people time come revolution time obama die life death obama employee federal government promised previous post health care reform bill passed terrorist today terrorist later year old white man named michael stephen said president obama help african americans arrested making murder suicide threats obama july 9th circuit court appeals reversed conviction walter making online threats obama court found speech urging obama assassination obama sic head soon shoot country years right long term history protected amendment history prototype section british treason act crime compass imagine death king statute prohibiting threats president enacted congress maximum fine allowed law amended increase maximum fine given statute include arguments threats president tendency stimulate opposition national policies wise critical times hostile evil minded president life add expense president loyal right thinking persons minds provoke resentment disorder violence disrupt presidential activity movement argued threats akin treason denounced crime people sovereign power congressman noted reason want statute order decrease possibility actual assault threats commit assault bad man public threat somebody committing crime chief executive harm comes man makes threat dangerous liable mind poor fellow try harm prisoners charged threatening president lack ability personally carry threat courts upheld convictions reasoning actual ability carry threat element offense prisoners able true threats carry threat directing people outside harm president prisoners threats manipulate system case arose claiming threatened president order stay prison case state prisoner threatened president wanted federal institution penalties threatening president united_states class united_states code title section offense years prison maximum fine special assessment years supervised release internet restrictions prohibition access email imposed offenders threats computer sentencing guidelines set base offense level sending threatening communication threat president involved level official victim applies upward departure potential disruption governmental function enhancements apply evidenced intent carry threat level threats level caused substantial disruption public governmental business functions services level created substantial risk harm federal officials level level increase approximately doubles guidelines sentencing range particularly rare threatens president receive sentence near maximum especially criminal history qualify reduction acceptance responsibility level decrease available threat involving single instance little usually apply spur moment verbal threats maximum penalty threatening united_states judge federal law enforcement officer years imprisonment double maximum penalty threatening president interpretation controversy federal courts term interpreted traditional legal interpretations term reflected black law dictionary definition includes descriptions evil intent bad motive purpose court appeals fourth circuit held threat president lead verdict guilty present intention injury president specifically court opined word denotes act intentional knowing voluntary distinguished accidental criminal statute generally means act bad purpose believe bad purpose assumes usual importance criminal prosecution based bare words circuits held necessary threat intended communicated president tendency influence action legislative history contains debate rejected amendment eliminated words statute reflects word included order avoid behavior carried innocent intent friend purposes newspaper article containing threat president court appeals seventh circuit held threat maker meaning words willingly addition meaning words maker voluntarily intentionally declaration apparent determination carry execution united_states case united_states united_states supreme_court ruled mere political distinguished true threats club public rally washington monument grounds member assembled group suggested young people present education expressing views defendant year old replied education received draft classification got report physical monday coming going carry rifle man want sights according court testimony defendant speaking gesture sighting barrel rifle audience responded laughter applause court appeals later view potentially ominous unknown laughter applause sinister implications safety history records applause laughter frequently greeted hitler predictions future german jews earlier roman holidays celebrated punctuated cheers laughter emperor fallen boy arrested found possession court general sessions judge suppressed found probable cause secret service agents believe defendant words constituted threat president prevent federal court threatening president united_states court appeals district_of_columbia circuit affirmed conviction supreme_court reversed stating agree offense kind crude offensive method stating political opposition president taken context nature statement reaction listeners interpreted opinion william douglas noted alien laws constituted chapters thought forever suppression speech effective police measure old old device outlawed constitution cases courts held person guilty offense certain criteria met specifically intentionally threat context circumstances reasonable person statement interpreted persons hearing reading expression intention harm president statement result mistake true threat threat words mere political argument idle talk standard definition true threat require actual intent carry threat defendant statement got chance harm president threat merely threat ability defendant carry render threat ruled taken containing ambiguous messages white powder cigarette president conveyed threatening message sending non toxic white powder president deemed threat broad statement president truth uphold constitution letter writer bullet head count indicate events circumstances prevent threat carried statement got hold president wilson shoot offense threat ambiguous expression present past intent posting paper public place statement acceptable sacrifice god kill president ruled violation statute statute imagining wishing hoping act killing president committed conversely letters containing words kill reagan depicting president bleeding head stake considered threat oral threat president constitute threat denounced statute statutes crime assault attempt kill president question arisen necessary statute banning threats georgetown law journal notes argued punishment attempt life president sufficient time elements attempt come existence risk president great hand punishment conduct short attempt runs risk violating established principle intent mere preparation commit offense exception justified seriousness consequences executed threat president life psychiatric matters according attorney manual individuals come secret service attention creating possible danger approximately percent mentally ill secret service notes probably secret service cases determined person making threat wants hurt secret service medical problems need help uncommon judges order psychological defendants charged statute accordance united_states federal laws governing offenders mental diseases defects divide people threaten president classes class includes persons expressed overt threatening statements overt action class comprises individuals history behaviors authority figures class includes person considered dangerous typically prosecuted section related patient arise mentally ill subject makes threat president termination nurse upheld reported statement secret service court noted patient restrained unable act threats wasn immediate safety risk considered patient psychiatrist appropriate person assess gravity threats study found threaten president primary variable related opportunity conversely defendant writings anger management threatening kill president defendant release ruled fallen dangerous patient exception patient privilege federal law provides director facility person hospitalized found incompetent stand trial guilty reason insanity section violation shall prepare annual reports concerning mental condition person containing recommendations need continued copy reports shall submitted director united_states secret service assist carrying protective duties ninth circuit ruled constitutional hold presidential section prescribed year statutory maximum found dangerous mentally ill possible federal law hold presidential indefinitely articles finer amendment threats life president logan william david martin clark charles description classification presidential sciences law study incarcerated presidential criminal justice behavior threats president criminal pattern jury instructions

Threatening the President of the United States