2020 Annual Volume “Drive-by” Jurisdiction: Congressional Oversight in Court

“Drive-by” Jurisdiction: Congressional Oversight in Court

Article By: Daniel Epstein 2020 PEPP. L. REV. 37 (2020) On July 9, 2020, in Trump v. Mazars USA, LLP and Trump v. Deutsche Bank AG, the Supreme Court held that the lower courts did not adequately consider the separation of powers concerns attendant to congressional subpoenas for presidential information.  Given that the question presented …

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2020 Annual Volume “Magic Words” and Original Understanding: An Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity

“Magic Words” and Original Understanding: An Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity

Article By: Justin W. Aimonetti 2020 PEPP. L. REV. 1 (2020) The Indian plenary power doctrine—an invention of the late nineteenth-century Supreme Court—grants Congress exclusive authority to legislate with respect to Indian tribes, including the ability to abrogate tribal sovereign immunity.  Under current doctrine, Congress must “unequivocally express” its intent to abrogate the sovereign immunity …

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