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first congregation in 5 Court Cases

I. Name and Citation
STATE OF FLORIDA, versus SEMINOLE TRIBE OF FLORIDA

II. Key Facts
In this complaint, the the Tribe was operating "electronic or electromechanical facsimiles of games of chance" and that such operations constituted class III gaming as defined by IGRA. These games were operated despite the absence of a compact between the Tribe and the State regarding the regulation of class III gaming. The State also alleged that the Tribe planned to construct a new facility on its lands in order to conduct additional class III gaming.

III. The Issue
Does the operation of such games without a Tribal-State compact violate both federal and state law?

IV. Holding and Vote
No (Opinion by Justice Stevens)

V. Reasoning
Congress abrogated tribal immunity from state suits that seek declaratory or injunctive relief for alleged tribal violations of IGRA; (2) the Tribe, by electing to engage in gaming under IGRA, waived its immunity from a suit to require compliance with the statutory conditions precedent to class III gaming; and (3) tribal immunity does not necessarily extend to actions seeking prospective equitable relief. Congress may abrogate a sovereign's immunity only by using statutory language that makes its intention unmistakably clear, and that ambiguities in federal laws implicating Indian rights must be resolved in the Indians' favor. The Supreme Court has made it plain that waivers of tribal sovereign immunity cannot be implied on the basis of a tribe's actions, but must be unequivocally expressed. Accordingly, we reject the State's argument that the Tribe's immunity does not necessarily extend to this action for prospective equitable relief. The district court's holding that sovereign immunity bars the State's suit against the Tribe is affirmed.

I. Name and Citation
ALDEN et al. v. MAINE

II. Key Facts
Congress lacks power under Article I to abrogate the States' sovereign immunity in federal court, the Federal District Court dismissed a Fair Labor Standards Act of 1938 suit filed by petitioners against their employer, respondent Maine. Subsequently, petitioners filed the same action in state court. Although the FLSA purports to authorize private actions against States in their own courts, the trial court dismissed the suit on the ground of sovereign immunity.


III. The Issue
Does the federal government have authority under Article I to abrogate a State's immunity in it's own court?

IV. Holding and Vote
Yes. (vote 5-4) (Opinion by Justice Kennedy)

V. Reasoning
The Constitution's structure and history and this Court's authoritative interpretations make clear that the States' immunity from suit is a fundamental aspect of the sovereignty they enjoyed before the Constitution's ratification and retain today except as altered by the plan of the Convention or certain constitutional Amendments. The States' immunity from private suit in their own courts is beyond congressional power to abrogate by Article I legislation. Congress may exercise its Article I powers to subject States to private suits in their own courts only if there is compelling evidence that States were required to surrender this power to Congress pursuant to the constitutional design. A question of first impression. History, practice, precedent, and the Constitution's structure show no compelling evidence that this derogation of the States' sovereignty is inherent in the constitutional compact.

VI. Separate Opinions
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined.

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I. Name and Citation
BUCKLEY v. FITZSIMMONS ET AL.

II. Key Facts
Petitioner Buckley sought damages from respondent prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder in Illinois and making false statements at a press conference announcing the return of an indictment against him. He claimed that when three separate lab studies failed to make a reliable connection between a bootprint at the murder site and his boots, respondents obtained a positive identification from one Robbins, who allegedly was known for her willingness to fabricate unreliable expert testimony. Thereafter, they convened a grand jury for the sole purpose of investigating the murder, and 10 months later, respondent Fitzsimmons, the State's Attorney, announced the indictment at the news conference. Buckley was arrested and, unable to meet the bond, held in jail. Robbins provided the principal evidence against him at trial, but the jury was unable to ... more

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BLOOD AND BELONGING

This is a critique of the book, Blood and Belonging, by Michael
Ignatieff.  This paper will explain the subject of the book and its
relevance, discuss Michael Ignatieff's methods and conclusions on the
subject and finally include a personal critique of the book by the
author of this paper.
The author of the book travels on what he terms "the six
journeys."  On these "journeys" he encounters different cultures, as he
travels to six different coinciding areas of the world.  He examines
the unique expression of nationalism that each populace displays by
interviewing various members of that particular society.  The six areas
that he travels to are specifically chosen for the clarity which
nationalism is expressed in society.  Nationalism is a factor
contributing toward both present possible future instability in these
areas.
These areas are former Yugoslavia (specifically Croatia and
Serbia), Germany, Ukraine, Quebec, Kurdistan and Northern Ireland.  
According to Ignatieff, in Croatia and Serbia there is a desire for a
separate identity between the two nations. The fear of losing one's
national identity has caused ethnic hatred.  A terror so strong and
historically persistent, it has driven  people to a desperate state to
do anything.  This is a large contributor to the reasons for the extreme
violence present there today.  The author states, "A Croat, thus, is
someone who is not a Serb.  A Serb is someone who is not a Croat."  
This quotation profoundly expresses the short-sighted mentality present
in their conflict.
In his travels in Germany, the author points out an important
question.  Does the nation make the state, or the state the nation?  
This question by far does not stop here, especially when Germany is the
subject.  The essence of the German people is seen by some as aggressive
and offensive, thus the existence of the German problem. If the nation
makes the state then Germany will always be a threat.  If the state
makes the nation, then the aggressive nature of the German nation, which
lead the world into two global wars, can be harnessed and redirected.  
The question has its roots and answers in the recent reunification of
Germany.
The Ukraine is  concerned with not being Russian.  It is here
Ignatieff receives a complete vision of what nationalism is.  He states,
"I understand what nationalism really is: the dream that a whole nation
could be like a congregation; singing the same hymns, listening to the
same gospel, sharing the same emotions, linked not only to each other
but to the dead buried beneath their feet."
Quebec is a model that presents a possible future of the state
system.  Ignatieff uses the example of Quebec to illustrate the
relationship between nationalism and federalism.  He implies that "if
federalism fails in Canada it can fail anywhere."  If the balance
between "ethnic and civil principles" is not maintained in Canada, who
is not an impoverished country and has a large, successful economy; then
perhaps the modern world has not transcended the grasps of nationalism.
The Kurds represent a nation without a state, who find
themselves surrounded by other nations who are more aggressive
nationalists.  The term Kurdistan is a definition of the areas used by
Ignatieff to explain the area of major Kurdish populace concentration.  
There is no real borders, no flag, no government and Kurds must
acknowledge the state in which they reside (i.e., - Syria, Turkey, Iran
and Iraq), of which, is not Kurdistan.
Finally, the sixth journey ends in Northern Ireland.  He makes
the observation that this is the ideal place to conclude his project.  
Northern Ireland contains a recurrence of the themes that seemed so
prevalent in the other journeys.  In Ireland ethnicity, religion and
politics are all bound into one expression or identity.  These are also
evident in the five previous studies.
Is  Michael Ignatieff's work relevant?  The answer to this
question is, yes it is.  The issue is important.  Nationalism presents
itself as a phenomenon.  The questions of why people need to retain a
cultural identity and the way they go about preserving it is still
unanswerable.  Evermore unfathomable is the violence permeated through
nationalistic expressions, which are "necessary" by the parties
involved.  The very existence of the enigma created by nationalism
dictates the need to explore ... more

first congregation in

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