On October 31, 2018, the Supreme Court heard argument in Jam v. International Finance Corporation, a case involving the scope of the International Organizations Immunities Act.
The International Finance Group (IFC) is an international organization which provides loans to projects in developing countries that do not have the necessary private capital for projects. Under the International Organizations Immunities Act (IOIA), the IFC is an organization designated to “enjoy the same immunity from suit … as is enjoyed by foreign governments, except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract.” The IFC funded the construction of the Tata Mundra Power Plant in Gujarat, India, with a proviso that the plant had to follow an Environmental and Social Action Plan to protect the surrounding community; failure to follow the Plan would result in a loss of financial support. The power plant did not follow the Plan, but the IFC did not revoke funding. Members of the surrounding community sued the IFC in district court, claiming that the IFC is responsible for their injuries because it continued funding the project despite the plant’s clear failure to follow the Environmental and Social Action Plan. The district court dismissed the complaint on the grounds that the IFC was immune from suit. The petitioners appealed to the US Court of Appeals for the DC Circuit, which agreed with the district court.
The US Supreme Court then granted certiorari to address whether the International Organizations Immunities Act—which affords international organizations the “same immunity” from suit that foreign governments have, 22 U.S.C. § 288a(b)—confers the same immunity on such organizations as foreign governments have under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11.
To the discuss the case, we have Mike Ramsey, Professor of Law at University of San Diego School of Law.
New Books in Native American Studies - Kathleen Hull and John Douglass, “Forging Communities in Colonial Alta California” (U Arizona Press, 2018)
Between 1769 and 1834, an influx of Spanish, Russian, and then American colonists streamed into Alta California seeking new opportunities. Their arrival brought the imposition of foreign beliefs, practices, and constraints on Indigenous peoples.
Edited by Kathleen Hull and John Douglass, Forging Communities in Colonial Alta California (University of Arizona Press, 2018), reorients understandings of this dynamic period, which challenged both Native and non-Native people to reimagine communities not only in different places and spaces but also in novel forms and practices. The contributors draw on archaeological and historical archival sources to analyze the generative processes and nature of communities of belonging in the face of rapid demographic change and perceived or enforced difference. Contributors provide important historical background on the effects that colonialism, missions, and lives lived beyond mission walls had on Indigenous settlement, marriage patterns, trade, and interactions. They also show the agency with which Indigenous peoples make their own decisions as they construct and reconstruct their communities. With nine different case studies and an insightful epilogue, this book offers analyses that can be applied broadly across the Americas, deepening our understanding of colonialism and community.
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Ryan Tripp (Ph.D., History) is currently an adjunct in History at Los Medanos Community College and Southern New Hampshire University.
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The NewsWorthy - Fewer Illegal Immigrants, Microsoft vs. Apple & Willy Wonka Series – Wednesday, November 28th, 2018
The news to know for Wednesday, November 28th, 2018!
Today, a false alarm at a military hospital, new stats about illegal immigration and the most valuable U.S. company.
Those stories and many more in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
Head to www.theNewsWorthy.com to read more about any of the stories mentioned under the section titled 'Episodes.'
Today's episode is brought to you Care/of. Go to www.TakeCareOf.com and get 25% off your first month of personalized daily vitamin packs with promo code NEWSWORTHY.
Brought to you by... - 18: Resting Botox Face
Look a little angry? Accused of having a “resting bitch face”? Now, there’s a drug for that: Botox. The early joke about Botox was that it froze faces. But increasingly, people are seeking a different effect: actually altering their expressions, and maybe even their emotions. We trace the story from the discovery that the deadliest toxin on earth could make a face look less “troubled,” to a feminist professor’s Botox investigation that turns personal.
The Gist - Would the U.S. Win World War III?
On The Gist, Cindy Hyde-Smith is on the MAGA wagon.
In the interview, the U.S. has long been the global leader in military spending. But is that enough to guarantee victory in a war against Russia, China, or both? Aaron Mehta covers the Pentagon for Defense News and has written about a bipartisan commission’s new report on America’s readiness for big conflicts.
In the Spiel, terrible arguments obscuring bad ideas.
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Money Girl - 570 – 6 Ways the New Tax Rules Affect Your Retirement
The IRS recently announced that next year you can save more in different types of tax-advantaged retirement plans. Find out six ways the new tax rules affect your retirement. Read the transcript at Check out all the Quick and Dirty Tips shows: www.quickanddirtytips.com/podcasts FOLLOW MONEY GIRL Facebook: https://www.facebook.com/MoneyGirlQDT Twitter: https://twitter.com/LauraAdams
Sticky Wicket - Jim Garrison’s Dangerous Fairy Tale
When President John F. Kennedy was assassinated on November 22nd, 1963, people around the country quickly rejected their government's conclusion that a sole assassin committed the crime. A slew of conspiracy theories took hold, but only one conspiracy theorist transferred his theories into actual arrests. Jim Garrison, District Attorney of New Orleans, was media savvy, and skillfully attracted TV cameras, reporters, and supporters with his giant claims. In 1967, the world watched Garrison insist that he had “solved the assassination.” But who was at fault?array(3) {
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Cato Daily Podcast - In Weyerhaeuser, the Frog Never Had a Chance
The Weyerhaeuser decision handed down by the U.S. Supreme Court was nominally about protecting a frog's (potential) habitat. Holly Fretwell of the Property and Environment Research Center says protecting endangered species requires a deeper dive into the workings of the Endangered Species Act. We spoke in October before the decision was handed down.
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ATXplained - TELL US: When Can You Call Yourself A “Real” Austinite?
What are the experiences that bind Austinites together?
Send us your answer at ATXplained.org or call/text to 737-443-9466 or email us at austin@kut.org
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the memory palace - 2018 Fundraiser Bonus Episode!
It’s time for the 2018 fundraiser. On this, the tenth anniversary of The Memory Palace, show your support for independent artists by making a donation at Radiotopia.fm.