Lee Spielmann

September 30, 2019 | New York Law Journal

In the most recent case construing the Fifth Amendment's Double Jeopardy Clause, the Supreme Court in 'Gamble v. United States' refused to abandon the "dual-sovereignty" doctrine and thereby reaffirmed "that a crime under one sovereign's laws is not 'the same offence' as a crime under the laws of another sovereign." The case continues the court's longstanding adherence to the doctrine.

By Lee Spielmann

10 minute read

December 26, 2018 | New York Law Journal

The protections provided by the ex post facto bar are fundamental to American jurisprudence, but equally important to this nation's collective values and global leadership role is the commitment to punish those who perpetrate state-organized crimes against humanity.

By Lee Spielmann

10 minute read

November 27, 2017 | New York Law Journal

Lee Spielmann writes: 'United States v. Ohlendorf' helped secure important legal principles and found prescient echoes in later Holocaust-related proceedings.

By Lee Spielmann

24 minute read

February 16, 2017 | New York Law Journal

Lee Spielmann writes: Legal proceedings against the perpetrators of Nazi Germany's murder of six million Jews have almost concluded, with German criminal prosecutions quickly winding down and American efforts to expel those who assisted in Nazi persecutions having ended. Holocaust survivors have also initiated civil suits under the Foreign Sovereign Immunities Act to obtain redress. One such recent case in the D.C. Circuit, 'Simon v. Republic of Hungary', demonstrates the complexity of these proceedings, the significance of the issues and their importance in promoting Holocaust awareness.

By Lee Spielmann

29 minute read

February 01, 2016 | New York Law Journal

Lee Spielmann discusses 'Sackett v. EPA' where the U.S. Supreme Court highlighted the courts' function overseeing EPA in carrying out Congress' environmental directives. It simultaneously illuminates the critical role of the courts balancing the enforcement of environmental policy against procedural mechanisms safeguarding property rights.

By Lee Spielmann

14 minute read

September 17, 2014 | New York Law Journal

Lee Spielmann writes: Given the importance of citizenship, and because the prosecution of Nazi denaturalization cases has ended, it is appropriate to ask what these proceedings achieved. What were the tangible, symbolic and historical accomplishments of America's efforts?

By Lee Spielmann

14 minute read

September 17, 2013 | New York Law Journal

Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes: Even after nearly three-quarters of a century, the Supreme Court's seminal First Amendment ruling in 'West Virginia State Board of Education v. Barnette' remains a viable and vital precedent, serving as a clarion call on behalf of freedom of conscience and intellect.

By Lee Spielmann

12 minute read

April 04, 2013 | New York Law Journal

Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes that as the number of cases against accused Nazi perpetrators whom the government seeks to expel from the United States dwindles, a little-noticed ruling from the Sixth Circuit again underscores the ongoing importance and continuing vitality of the law under which the removal was mandated.

By Lee Spielmann

12 minute read

February 19, 2010 | New York Law Journal

Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes that the addition of 40 CFR �22.27(d) expressly provides what a party must do to safeguard the availability of judicial review of an EPA adjudication; if nothing else, it erased the prior uncertainty

By Lee Spielmann

11 minute read

May 17, 2010 | New York Law Journal

Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes: This year May 23 marks 50 years since Israel announced the capture of Adolf Eichmann in order to try him for his role in the Nazi genocide of Europe's Jews. The issues raised by the ensuing proceedings still reverberate to this day in the efforts to prosecute perpetrators of government-sponsored mass murder and those involved in international terrorism, and their adjudication by the Israeli courts continues to have an impact on the ongoing development of international criminal law.

By Lee Spielmann

11 minute read