Commerce Claws

There are more than 50 polydactl (6 toed) cats at the Hemingway Museum in Key West Florida. The cats are descended from six-toed felines raised by Hemingway at his house in Key West, which is now a museum. The cats roam the grounds and the house at will. Several years ago, a visitor became concerned about the cats’ welfare, and reported the issue to the US Department of Agriculture. Long story short, the USDA decided the cats fell under the Animal Welfare Act with its accompanying regulations and requirements. The museum filed suit stating that the USDA did not have authority over the cats, the judge disagreed, and the Museum appealed.

Last week a three-judge appeals court panel (11th Circuit) decided the case using a broad interpretation of the Animal Welfare Act. The court also evaluated whether the cats “substantially affect” interstate commerce under the Commerce Clause. One part of the analysis determined that the Hemingway Museum purposefully uses the cats for marketing campaigns to attract visitors from outside of Florida, and as such, their exhibition has a commercial purpose and affects interstate commerce. You can see more about the case here and here.

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Foreign Travel by Members of Congress (Part I)

The Constitution allocates power over the conduct of foreign relations primarily to the executive, but diplomacy by Congress is common. Members of the House and Senate frequently travel overseas as part of congressional delegations—or “CODELs”—to meet with foreign officials, and foreign officials often make stops on Capitol Hill to discuss legislation. In recent years, visiting heads of state such as Benjamin Netanyahu and Lee Myung-bak have even issued formal addresses to Congress. Moreover, these practices are nothing new; federal legislators and foreign officials have been communicating with each other ever since the First Congress convened in 1789.

I think these practices are fascinating for a couple of reasons. First, no one really has a sense for how frequently they occur, where legislators are traveling, or why they go there. News media rarely mention foreign lobbying of Congress. Some media outlets have called attention to expenses incurred by Nancy Pelosi and others during various trips abroad, but there are no complete reports on the nature and extent of contacts between federal legislators and foreign governments. Yet these contacts constitute a significant mode of engagement between the United States and the rest of the world, and have a real impact on the way in which other nations perceive U.S. policy.

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Assumptions and Presumptions

As most students at Eckstein are frantically and diligently studying to ensure we put forth our best efforts during this finals period, I can’t help but think about the certain “presumptions” built into our institution of law. Numerous assumptions and presumptions are used in many different areas of law, but they seem to be accentuated when looking at the Federal Rules of Evidence.

Let’s look at Federal Rule 801 2(b), for instance. Is it really true that a failure to respond makes for an adopted admission? Those who have had, or have, a significant other: have you ever been silent to an assertion made by your significant other? I’m assuming that, like me, you remained silent not because you wanted to tacitly give your approval of the assertion, but rather because you wanted to save the feelings of your significant other, or eliminate a needless argument. I am aware that most things that end up in court may not be so trivial, but nevertheless this example popped into my head rather quickly without much thought. I am sure that the same could be said for many others, and it is the basis of the presumption in general I find unreliable.

Let’s turn to another presumption by looking at Federal Rule 804(b)(2), the “Dying Declaration.”  

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