ABA Journal

International Courts/Tribunals

747 ABA Journal International Courts/Tribunals articles.

Supreme Court should uphold Indian Child Welfare Act, ABA says in amicus brief

The ABA has urged the U.S. Supreme Court to uphold the Indian Child Welfare Act, writing in an amicus brief filed Thursday that Congress enacted the statute “under valid constitutional authority and on the basis of an extensive body of evidence and law.”

Chemerinsky: With Supreme Court shift on Indian law, will it reconsider a recent landmark ruling?

One of the most important themes of the recently completed Supreme Court term is the significance of Justice Ruth Bader Ginsburg being replaced by Justice Amy Coney Barrett. An important example of how this has affected court rulings came in a case in the area of Indian law that, by comparison, received little media attention.

SCOTUS limits scope of McGirt, allows Oklahoma to prosecute some crimes on reservations

The U.S. Supreme Court ruled 5-4 Wednesday that Oklahoma has the authority to prosecute crimes by non-Indians against Native Americans on reservations. The decision limits the reach of a prior decision that barred the state from prosecuting tribal members on reservations.

SCOTUS rules for US citizen who says return of her child to Italy poses grave risk of harm

The U.S. Supreme Court ruled Wednesday that U.S. courts can refuse to return children to their home countries in situations posing a grave risk of harm without considering all measures that could reduce the risk.

Work for Canadian residential school survivors informs lawyer’s debut novel

A lawyer explains how her work informed the writing of her book and why many Indigenous people still feel the impact of the Canadian school system to this day.

Is there a way back for international law firms in Russia?

With pressure mounting on Western companies after Russia’s invasion of Ukraine, some law firms realized they needed to do more than just part ways with clients and decided to wind down operations in the country altogether.

Happy the elephant’s quest for personhood heads to top state court; rice and lakes also file suit

New York’s top court will hear the case of Happy the elephant’s bid for personhood and release from the Bronx Zoo in New York City on May 18.

Refugee lawyer describes harrowing invasion of Ukraine

A Ukrainian lawyer described the harrowing scenes she witnessed after the Russian invasion, telling an ABA panel on April 7 that she was forced to flee her country with her three young children and leave behind her husband.

Legal tech company creates tools to help Ukrainians apply for immigration relief

The U.S. Department of Homeland Security’s March 3 announcement that those who fled Ukraine amid Russia’s invasion could apply for temporary protected status caught the attention of the team at legal technology company SixFifty.

Top UN court sees no evidence to support Russia’s claim of Ukrainian genocide, orders halt to invasion

The United Nations’ top court on Wednesday told Russia to halt military operations in Ukraine in interim “provisional measures” that are issued before a case is formally heard.

Law firms scramble to keep pace with unprecedented Russian sanctions

Ever since the U.S. imposed sanctions on Russia, attorney Adam M. Smith’s phone has been ringing off the hook. Smith is in demand. As sanctions pile up around the world in response to Russia’s unprovoked invasion of Ukraine, he is also thinking on his feet.

Russia is no-show at international court hearing on Ukraine invasion

Russia has declined to participate in a hearing before the International Court of Justice on its invasion of Russia.

Ukraine asks international courts to rule against Russia for its ‘brutal invasion,’ with one quick success

Updated: The European Court of Human Rights has quickly issued an interim decision against Russia, while another international court is also considering action after Ukraine complained of a "full-scale, brutal invasion."

Weekly Briefs: Appeals courts rule in lawyer restitution cases; tribes agree to opioid settlement

Ex-BigLaw partner must pay $537M in tax fraud scheme

Paul M. Daugerdas, a former Jenkens & Gilchrist partner, lost an appeal in his tax fraud case before the 2nd U.S.…

Poland is fined nearly $1.2M per day in battle with EU over judicial independence

The European Court of Justice on Wednesday fined Poland nearly $1.2 million per day because of the country’s refusal to abolish a judicial disciplinary body viewed as a tool to pressure judges to rule in accord with government views.

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