American Law Institute Drafts Retatement of Law of American Indians

Board-certified in business bankruptcy law by the Texas Board of Legal Specialization, Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman (PWSP), LLP, in Houston. In addition to his work in corporate bankruptcy, Hugh Ray III also is a member of the member's consultative group of the American Law Institute drafting the "Restatement of the Law of American Indians".

Native American Indian law covers tribal law, federal law governing tribes and Indian land, compacts between the sates and a tribe, and even taxation and bankruptcy issues involving the limited sovereign immunity of tribes. Generally, tribal governments have autonomy over their internal affairs, but federal law intersects with and often regulates tribal members. 

One such federal law is the Indian Child Welfare Act, in which Congress awarded Native children “equal rights and human rights.” with an adoption preference whereby Native American children were preferred to be adopted by other Native Americans. The legislation had broad support from 325 tribes, 57 organizations, and 31 child-welfare groups, an argument in favor of reinstating the full force of the law was released in January 2019. 

With the additional support of seven members of Congress, a new legal brief requests that a federal appeals court review the Brackeen v. Zinke decision in the Northern District of Texas. In that case, federal Judge Reed O’Connor ruled that the Indian Child Welfare Act was a “race-based statute” in violation of the Equal Protection Clause. The ruling has been stayed pending the appeal.

Advocates for the law argue that the law protects against systemic bias, on the grounds that Native American children are separated from their biological families by state child welfare authorities at a much higher rate than white children, even though the reported rates of family abuse and neglect among the two groups were similar. The Fifth District U.S. Court of Appeals is expected to review Judge O’Connor’s ruling in summer 2019.

The American Law Institute does not take a position on the validity or invalidity of any law. It does not advocate for or against any legal proposition. However, as they stand as condensation of common law principles, the Restatements of Law are considered persuasive authority in nearly all courts.

The Meeting of the Waters in the Amazon Rain Forest

Houston-based attorney Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman, a law firm with offices around the globe. In his free time, Hugh Ray III enjoys traveling to destinations such as China, Patagonia, and the Amazon rain forest. 

When embarking on an adventure to the Amazon rain forest, most visitors begin in the city of Manaus, Brazil, an urban center deep in the jungle. The city of 1.8 million people is surrounded by more than two million miles of rain forest. 

In the early 1900s, the remote city was a global center for the rubber trade. Today, as the natural entry point to the Amazon jungle, Manaus is a hub for the eco-tourism industry.

Most river tours of the Amazon take note of the "Meeting of the Waters" just outside Manaus, where the Rio Negro and the Rio Solimoes meet. Instead of immediately forming one river, the dark, tea-colored waters of the Rio Negro and the sediment-filled muddy waters of the Rio Solimoes remain separate and flow side by side for about four miles. 

The rivers stay separate for several reasons. Each river has a different average temperature and speed. While the Rio Negro remains at approximately 82 degrees and flows at 1.24 miles per hour, the Rio Solimoes maintains a 71-degree temperature and flows at 3.7 miles per hour. The differing properties cause the rivers to remain separated until they finally join to form the Lower Amazon.

Patagonian Glaciers Offer a Wealth of Outdoor Adventures

Houston-based lawyer Hugh M. Ray III heads the insolvency and restructuring practice at Pillsbury Winthrop Shaw Pittman LLP. In his work with the international law firm, he represents clients around the world. Hugh Ray III has a passion for travel and skiing, and he had the opportunity to combine the two pursuits on a recent trip to Patagonia, in South America.

Patagonia is home to extensive glaciers, which flow from the South Patagonian Ice Cap and have been responsible for carving out a jagged and mountainous landscape over the millennia. In addition to exceptional skiing, they have created world-class hiking routes, including the classic W Trek in Chile’s Torres del Paine National Park. This four-day trek takes in highlights such as the nine-mile-long Grey Glacier, which feeds the crystal waters of Lago Grey.

Many of the most remote Patagonian glaciers are inaccessible by land and are best taken in through expedition vessel cruises. Typically lasting three to four days, these adventure tours focus on the Tierra del Fuego and the Straits of Magellan, and encompass "Glacier Alley" along Patagonia’s southernmost tip. To the north, coastal fjords are broken up by hills that present diverse flora and fauna.

ABA Releases New Guidebook for Intellectual Property Law

Rated a top lawyer by Houstonia magazine, Hugh M. Ray III serves as a partner at Pillsbury Winthrop Shaw Pittman LLP, where he focuses on bankruptcy and commercial litigation. Alongside his law practice, Hugh M. Ray III maintains membership in a number of professional organizations, including the American Bar Association (ABA).

A new book from the ABA Section of Intellectual Property Law aims to be the comprehensive resource for attorneys litigating IT cases in the modern digital landscape. Titled, IP Valuation for the Future: Trends, Techniques, and Case Studies, the book provides attorneys with an all-in-one sourcebook for a deeper understanding of intellectual property and its place in business law. 

Authored by Weston Anson, the book looks at recent case studies and provides detailed analyses of the way major digital platforms, such as Amazon, Facebook, and Google, impact intellectual property cases and the digital society at large. The book may be purchased from the ABA bookstore at shop.americanbar.org.