RadCasts

If you've listened to this show long enough, you know that it is seemingly impossible to be dishonest and corrupt enough for the Bar to do something about it. Well, Rudy Giuliani found a way. The NY bar has slapped him down in a way that our esteemed Andrew Torrez has never seen before. Also, we've got an update on how Christian Healthshare Ministries are STILL a scam. Then, we talk about Cedar Point Nursery v. Hassid, in which the Court badly mangles eminent domain. Having just heard our deep dive in episode 500, you'll be able to spot how terrible this decision is as well! And, Andrew was right on Mahanoy v. BL!

On June 25th, 2021 the Supreme Court decided Yellen v. Confederated Tribes of Chehalis Reservation, a case which concerned whether Alaska native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act “Indian Tribes” for purposes of the CARES Act. Justice Sonia Sotomayor authored the 5-4 majority opinion of the Court, which held that ANCs are “Indian tribe[s]” under ISDA and thus eligible for funding under Title V of the CARES Act. Justice Neil Gorsuch authored a dissenting opinion, joined by Justices Clarence Thomas and Elena Kagan, arguing that the plain language and construction of the ISDA suggest that ANCs are not “Indian tribes,” supported by analogy to another statute with “nearly identical language in remarkably similar contexts,” and that the majority overlooked the critical statutory word “recognized.”

With me today to discuss this case are Anthony Ferate, Of Counsel at Spencer Fan LLP, and Jennifer Weddle, Co-Chair of Greenberg Traurig’s American Indian Law practice.

In this “additional” episode, Andy and Akhil switch roles and put the US Constitution aside for an hour, as they take a deep dive into the governance and politics of their beloved alma mater.  Yale recently initiated a scandal when their trustees abruptly eliminated most of the democratic elements whereby alumni participated in the governance of the University.  Andy was a candidate for election to the Yale Corporation, and he leads us through the weeds “inside Yale.”  Meanwhile, Nicholas Christakis, a Sterling Professor at Yale and an official of Yale’s Faculty Senate, joins us; he and Akhil offer a unique faculty-oriented perspective on events.  Anyone who cares about Yale will want to learn the facts behind this outrage.  And how does John Adams, a Harvard man, sneak his way in?