Court nominee urged special rights for Puerto Rico
Legal News Center
Supreme Court nominee Sonya Sotomayor wrote as a Yale Law School student that Puerto Rico should maintain its seabed rights if it pursues U.S. statehood.
The article, "Statehood and the Equal Footing Doctrine: The Case for Puerto Rican Seabed Rights," was published in the Yale Law Journal in 1979, when it appeared that Puerto Rico might pursue statehood. Sotomayor was an editor of the Ivy League publication before receiving her law degree from Yale that year.
Sotomayor notes that other states didn't maintain rights to sea floors before joining the union. But she argued for a new historical analysis of the equal footing doctrine that prevents states from receiving powers other states do not have.
"The island's dearth of land-based resources and its ongoing economic stagnation and poverty, coupled with the possibility of offshore oil and mineral wealth, will create political pressures for Puerto Rico to demand exclusive rights to exploit its surrounding seabed in an area ranging from nine to 200 miles into the sea," Sotomayor wrote.
"The American experience with colonialism in the early half of this century has left the United States with responsibility for several small, economically poor dependencies," Sotomayor wrote. "Some of these, like Puerto Rico, may seek statehood unless they are accorded a greater measure of self-government. Accommodations between the federal government and an incoming state such as Puerto Rico, involving, inter alia, rights to the seabed, could help the new state to overcome its economic problems."
Sotomayor wrote that Supreme Court decisions about the equal footing doctrine "retain their precedential value," but argued that the court never explicitly decided whether the doctrine prevents Congress from granting disproportionate seabed rights to an incoming state.
President Barack Obama noted Tuesday as he introduced Sotomayor as his nominee that her parents had moved from Puerto Rico during World War II.
Related listings
-
Supreme Court candidates together at conference
Legal News Center 05/21/2009Federal appeals court judge Diane Wood and Solicitor General Elena Kagan, two candidates for the impending vacancy on the Supreme Court, took part in a conference Wednesday on the importance of judicial independence. Kagan gave the keynote address at...
-
High court won't delay trial of ex-Rep. Jefferson
Legal News Center 05/19/2009The Supreme Court refused Monday to delay the upcoming trial of former Louisiana Rep. William Jefferson on bribery and other charges. The former Democratic congressman has argued that prosecutors trampled on his constitutional privileges as a lawmake...
-
High court to rule in Pennsylvania death case
Legal News Center 05/18/2009The Supreme Court agreed Monday to consider reinstating the death sentence for a convicted murderer who twice escaped from prison after being found guilty of bludgeoning and drowning a man who was planning to testify against him. The justices said th...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.