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Case of the Day: RJR Nabisco v. European Community

oreo cookie
Nabisco’s Oreo cookie. Keeps your milk from getting lonely. Credit: mihoda
I was speaking recently with a Chevronologist who will remain nameless, and we were speculating that perhaps the reason the Second Circuit has delayed so long in announcing its decision in the Chevron v. Donziger case because it was awaiting the Supreme Court’s decision in today’s case of the day, RJR Nabisco v. European Community (S. Ct. 2016), which was decided on June 20. More recently, Steven Donziger himself has trumpeted the Nabisco decision, asserting that the decision was a “major setback” for Chevron. More formally, he argued the importance of the decision to the Second Circuit in a letter submitted under FRAP 28(j). And I have been thinking a good deal about Nabisco in connection with one of my own cases. So I thought it would be worthwhile to feature the case, presenting it primarily through the lens of the Donziger case.
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Case of the Day: Puerto Rico v. Sánches Valle

Reverse of Puerto Rico quarter

The case of the day is Puerto Rico v. Sánches Valle (S. Ct. 2016). I wrote about the case back in January. The issue is interesting: Sánches Valle was indicted by both a federal grand jury and by Puerto Rico prosecutors on gun trafficking charges. He pleaded guilty to the federal indictment and then moved to dismiss the Puerto Rico indictment on double jeopardy grounds. (For foreign readers, the Fifth Amendment to the US Constitution provides: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”). The main rule in this area is the so-called “dual sovereignty doctrine.” A single “sovereign” cannot put a defendant in jeopardy twice on the same charge, but separate “sovereigns”—for example, the United States and Massachusetts—can.
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Case of the Day: V.L. v. E.L.

The case of the day is V.L. v. E.L. (S. Ct. 2016). Longtime readers know that I have an interest in the Full Faith and Credit Clause. Today’s case is purely domestic and not a close call, but still interesting.
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