AuthorTitleCitationSummaryYearKey Term
Robert T. Coulter USING INTERNATIONAL HUMAN RIGHTS MECHANISMS TO PROMOTE AND PROTECT RIGHTS OF INDIAN NATIONS AND TRIBES IN THE UNITED STATES: AN OVERVIEW 31 American Indian Law Review 573 (2006-2007) International law and international legal procedures offer a number of opportunities for creative advocacy for Indian rights, particularly for advocacy that aims to change existing legal doctrines that are perceived as unfair. In recent years, we have been reminded how much of the framework for the legal rights of Indian nations and tribes is... 2007  
Raven Lidman CIVIL GIDEON AS A HUMAN RIGHT: IS THE U.S. GOING TO JOIN STEP WITH THE REST OF THE DEVELOPED WORLD 15 Temple Political & Civil Rights Law Review 769 (Summer 2006) On August 7, 2006 the American Bar Association House of Delegate at their annual convention voted unanimously in favor of a Civil Gideon. The resolution reads: RESOLVED, That the American Bar Association urges federal, state, and territorial governments to provide legal counsel as a matter of right at public expense to low income persons in those... 2006 Yes
David Weissbrodt PROSPECTS FOR RATIFICATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD 20 Emory International Law Review 209 (Spring, 2006) Since early in the development of international human rights law, the particular need to care for children has been acknowledged. Beginning with the Geneva Declaration on the Rights of the Child in 1924 and the Declaration of the Rights of the Child, adopted by the U.N. General Assembly in 1959, children's rights have been recognized by human... 2006 Yes
Lainie Rutkow , Joshua T. Lozman SUFFER THE CHILDREN?: A CALL FOR UNITED STATES RATIFICATION OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD 19 Harvard Human Rights Journal 161 (Spring, 2006) Protecting the human rights of children is critical to the development and continuity of nations. Yet, worldwide, the dignity and rights of children are violated every day. The United Nations Children's Fund's (UNICEF) annual report, for 2005, on children's health and development chronicles the difficulties children around the world face. Of the... 2006 Yes
Lesley Wexler TAKE THE LONG WAY HOME: SUB-FEDERAL INTEGRATION OF UNRATIFIED AND NON-SELF-EXECUTING TREATY LAW 28 Michigan Journal of International Law 1 (Fall 2006) I. Introduction. 2 II. Fitting Sub-Federal Integration into the Treaty Compliance Debate. 6 A. Norm-Based Models. 7 B. Rational Choice Models. 10 C. How Do Treaties Influence Sub-Federal Action?. 12 III. Case Studies. 16 A. The Kyoto Protocol. 16 1. Background. 16 2. Sub-Federal Action. 18 B. The Stockholm Convention on Persistent Organic... 2006 Yes
Cynthia Price Cohen THE ROLE OF THE UNITED STATES IN THE DRAFTING OF THE CONVENTION ON THE RIGHTS OF THE CHILD 20 Emory International Law Review 185 (Spring, 2006) Adopted by the United Nations General Assembly on November 20, 1989, the Convention on the Rights of the Child (Convention) has received precedent-setting global support. On the day that it was opened for signature, more nations participated in the signing ceremony than any previous U.N. human rights treaty. It went into force more quickly and... 2006 Yes
Maria Foscarinis ADVOCATING FOR THE HUMAN RIGHT TO HOUSING: NOTES FROM THE UNITED STATES 30 New York University Review of Law and Social Change 447 (2006) On March 4, 2005, a panel of witnesses appeared before the Inter-American Commission on Human Rights to present testimony on the situation of the right to adequate housing in the Americas. The hearing, which was thematic rather than adversarial, focused on three countries: Brazil, Canada, and the United States. For the U.S. groups involved in... 2006  
David Gespass, Zachary Wolfe AMICUS BRIEF IN SUPPORT OF RESPONDENTS IN PARENTS INVOLVED IN COMMUNITY SCHOOLS v. SEATTLE SCHOOL DISTRICT NO. 1, ET AL. 63 Guild Practitioner 186 (Summer, 2006) The school districts in these cases have taken seriously the purported societal commitment to achieving true racial equality. Amicus notes that affirmative action and other efforts to promote true social equality are compelling governmental interests, in part because the need for such programs is reflected in the government's obligations under... 2006  
Martin A. Rogoff APPLICATION OF TREATIES AND THE DECISIONS OF INTERNATIONAL TRIBUNALS IN THE UNITED STATES AND FRANCE: REFLECTIONS ON RECENT PRACTICE 58 Maine Law Review 406 (2006) In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with... 2006  
Sarah Paoletti DERIVING SUPPORT FROM INTERNATIONAL LAW FOR THE RIGHT TO COUNSEL IN CIVIL CASES 15 Temple Political & Civil Rights Law Review 651 (Summer 2006) Advocates seeking to pursue social change to advance the goals of justice for all, without regard for race, gender, national origin, sexual orientation or social class are beginning to look to international law and international human rights fora as a useful and sometimes powerful tool. I am pleased to have been invited to participate in the 23... 2006  
Yuval Shany HOW SUPREME IS THE SUPREME LAW OF THE LAND? COMPARATIVE ANALYSIS OF THE INFLUENCE OF INTERNATIONAL HUMAN RIGHTS TREATIES UPON THE INTERPRETATION OF CONSTITUTIONAL TEXTS BY DOMESTIC COURTS 31 Brooklyn Journal of International Law 341 (2006) We emphasize that it is American standards of decency that are dispositive .. While the practices of other nations, particularly other democracies, can be relevant . they cannot serve to establish the first Eighth Amendment prerequisite, that the practice is accepted among our people. The [Australian] Constitution is our fundamental law, not a... 2006  
Anna Maria Gabrielidis HUMAN RIGHTS BEGIN AT HOME: A POLICY ANALYSIS OF LITIGATING INTERNATIONAL HUMAN RIGHTS IN U.S. STATE COURTS 12 Buffalo Human Rights Law Review 139 (2006) Where, after all, do universal human rights begin? In small places, close to home . . . . Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world. Eleanor Roosevelt, 1953 Although there is some truth to the notion... 2006  
George E. Edwards INTERNATIONAL HUMAN RIGHTS LAW VIOLATIONS BEFORE, DURING, AND AFTER HURRICANE KATRINA: AN INTERNATIONAL LAW FRAMEWORK FOR ANALYSIS 31 Thurgood Marshall Law Review 353 (Spring, 2006) Table of Contents. 353 A. Introduction. 356 1. International human rights law obligations of the United States federal government and of relevant state and local governments; Road map of the article; Hurricane Katrina background. 356 B. Basic international law and international human rights law Principles. 358 2. What is international law (Some... 2006  
Klint A. Cowan INTERNATIONAL RESPONSIBILITY FOR HUMAN RIGHTS VIOLATIONS BY AMERICAN INDIAN TRIBES 9 Yale Human Rights and Development Law Journal 1 (2006) The American Indian tribes have a unique status in the law of the United States. They are characterized as sovereigns that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and... 2006  
Judith Resnik LAW'S MIGRATION: AMERICAN EXCEPTIONALISM, SILENT DIALOGUES, AND FEDERALISM'S MULTIPLE PORTS OF ENTRY 115 Yale Law Journal 1564 (May, 2006) Legal theorists are engaged in understanding the legitimacy of techniques by which principles of rights-holding travel across borders. Sovereigntists in the United States object to that migration. The history of both protest about and the incorporation of foreign law provides important lessons for contemporary debates. Through examples... 2006  
Lucien J. Dhooge LOHENGRIN REVEALED: THE IMPLICATIONS OF SOSA V. ALVAREZ-MACHAIN FOR HUMAN RIGHTS LITIGATION PURSUANT TO THE ALIEN TORT CLAIMS ACT 28 Loyola of Los Angeles International and Comparative Law Review 393 (Summer 2006) This old but little used section is a kind of legal Lohengrin; although it has been with us since the First Judiciary Act, no one seems to know whence it came. I. Introduction. 394 II. The Historical Background to Sosa v. Alvarez-Machain. 397 A. The Alien Tort Claims Act. 397 B. ATCA Personal Welfare Jurisprudence and Transnational Corporations.... 2006  
Philip D. Racusin LOOKING AT THE CONSTITUTION THROUGH WORLD-COLORED GLASSES: THE SUPREME COURT'S USE OF TRANSNATIONAL LAW IN CONSTITUTIONAL ADJUDICATION 28 Houston Journal of International Law 913 (Spring, 2006) I. Why is the Comparative Constitutional Law Indispensible?. 915 II. Background. 919 A. Why is the Supreme Court Historically Allowed to Use Transnational Law in Its Decisions?. 919 B. How has the Supreme Court Used Transnational Law in the Past?. 921 C. The Supreme Court's Current Practice: Transnational Discourse. 925 III. The Advantages,... 2006  
Stanley A. Halpin LOOKING OVER A CROWD AND PICKING YOUR FRIENDS: CIVIL RIGHTS AND THE DEBATE OVER THE INFLUENCE OF FOREIGN AND INTERNATIONAL HUMAN RIGHTS LAW ON THE INTERPRETATION OF THE U.S. CONSTITUTION 30 Hastings International and Comparative Law Review 1 (Fall 2006) Our problem has to be internationalized. - Malcolm X, 1965 Efforts to bring about equal civil rights for African Americans have often included calls to approach the problem internationally. While some movement has been made in this direction, it has been insufficiently energetic. The United States has historically opposed applying international... 2006  
Adam M. Smith MAKING ITSELF AT HOME: UNDERSTANDING FOREIGN LAW IN DOMESTIC JURISPRUDENCE: THE INDIAN CASE 24 Berkeley Journal of International Law 218 (2006) At first glance, it seems that few judicial debates better illustrate the uniqueness of modern American legal thinking than discussions of foreign law in domestic courts, specifically in constitutional decisions. While an accepted, encouraged, or even mandated practice in many other national jurisdictions, the mere reference to foreign or... 2006  
Gaylynn Burroughs MORE THAN AN INCIDENTAL EFFECT ON FOREIGN AFFAIRS: IMPLEMENTATION OF HUMAN RIGHTS BY STATE AND LOCAL GOVERNMENTS 30 New York University Review of Law and Social Change 411 (2006) Local treaty implementation is an innovative strategy that enables activists to bypass federal resistance to international human rights standards, and instead focuses on putting these standards to work right in our own communities by making local governments accountable to them. Adopted in the wake of the Second World War, the Universal... 2006  
F. Michael Willis, Timothy Seward PROTECTING AND PRESERVING INDIGENOUS COMMUNITIES IN THE AMERICAS 33-SPG Human Rights 18 (Spring, 2006) You must first change the way people think. That was the wisdom passed to a representative of the Washoe Tribe by an indigenous Buryat monk from the Russian state Buryatia, discussing how to protect Lake Baikal and the lands and natural resources of cultural importance to the indigenous people that region in southern Siberia. Notwithstanding... 2006  
William P. Quigley REVOLUTIONARY LAWYERING: ADDRESSING THE ROOT CAUSES OF POVERTY AND WEALTH 20 Washington University Journal of Law and Policy 101 (2006) I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights are considered more important than people, the... 2006  
Gay, McDougall, Former Member,, U.N. Committee on, the Elimination of, Racial, Discrimination, Testimony before, the Inter-American, Commission on, Human Rights, March 3, 2006 TESTIMONY OF GAY MCDOUGALL 2006 Federal Sentencing Reporter 2433758 (April 1, 2006) Good morning. It is a pleasure to be here and I thank you for convening this hearing regarding the discriminatory impact of mandatory minimum sentences in the criminal justice system of the United States. My testimony today is based on my previous service as a member of the United Nations Committee on the Elimination of Racial Discrimination, or... 2006  
Janet M. Hostetler TESTING HUMAN RIGHTS: THE IMPACT OF HIGH-STAKES TESTS ON ENGLISH LANGUAGE LEARNERS' RIGHT TO EDUCATION IN NEW YORK CITY 30 New York University Review of Law and Social Change 483 (2006) The rising stakes of standards-based education in the United States increasingly dictate the educational decisions that immediately impact a child's progress in school, threatening to compromise students' fundamental right to education. Most dramatically, high-stakes tests predicate important scholastic benchmarks, such as progressing to the next... 2006  
Martha F. Davis THE SPIRIT OF OUR TIMES: STATE CONSTITUTIONS AND INTERNATIONAL HUMAN RIGHTS 30 New York University Review of Law and Social Change 359 (2006) State courts have a responsibility to consider international human rights norms and other transnational law in rendering state constitutional decisions. This responsibility is drawn from several sources: the nature of federalism, the nature of the international system, and individual states' laws and legal history. Where the United States has a... 2006  
Saby Ghoshray TO UNDERSTAND FOREIGN COURT CITATION: DISSECTING ORIGINALISM, DYNAMISM, ROMANTICISM, AND CONSEQUENTIALISM 69 Albany Law Review 709 (2006) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. Chief Justice John Marshall [The] constitution [was] intended to endure for ages to come, and, consequently, to be adapted to the various crises of human... 2006  
Jose E. Alvarez TORTURING THE LAW 37 Case Western Reserve Journal of International Law 175 (2006) I accepted the invitation to address this symposium reluctantly. It is distressing that lawyers, whose lives are, after all, dedicated to establishing constraints on the exercise of arbitrary power, now find themselves addressing a topic that involves the ultimate exercise of arbitrary power over another human being. Lawyersof all peopleshould... 2006  
John Quigley TOWARD MORE EFFECTIVE JUDICIAL IMPLEMENTATION OF TREATY-BASED RIGHTS 29 Fordham International Law Journal 552 (February, 2006) The Framers of the Federal Constitution inserted a mention of treaties into the Constitution's Article VI, Clause 2, which has come to be called the Supremacy Clause (the Clause). The clause proclaims the supremacy of federal statutes, treaties, and the Constitution itself over the laws of the constituent states. The Framers wrote treaties into... 2006  
Elizabeth M. Bruch WHOSE LAW IS IT ANYWAY? THE CULTURAL LEGITIMACY OF INTERNATIONAL HUMAN RIGHTS IN THE UNITED STATES 73 Tennessee Law Review 669 (Summer, 2006) The Court's discussion of these foreign views . . . is therefore meaningless dicta. Dangerous dicta, however, since this Court . . . should not impose foreign moods, fads, or fashions on Americans.'-Justice Antonin Scalia (2003). It does not lessen our fidelity to the Constitution or our pride in its origins to acknowledge that the express... 2006  
Sally Chaffin CHALLENGING THE UNITED STATES POSITION ON A UNITED NATIONS CONVENTION ON DISABILITY 15 Temple Political & Civil Rights Law Review 121 (Fall 2005) On June 18, 2003, former Assistant Attorney General for Civil Rights, Ralph Boyd, announced before the Ad Hoc Committee, charged with drafting a United Nations (UN) treaty on the rights of people with disabilities, that the United States had no expectation of becoming a party to any resulting treaty. Given the United States' history of rarely... 2005 Yes
Leland H. Kynes LETTING THE CAT OUT OF THE BAG: PROVIDING A CIVIL RIGHT OF ACTION FOR TORTURE COMMITTED BY U.S. OFFICIALS ABROAD, AN OBLIGATION OF THE CONVENTION AGAINST TORTURE? 34 Georgia Journal of International and Comparative Law 187 (Fall, 2005) A recent lawsuit filed against government contractors operating at Abu Ghraib prison depicts egregious abuse against detainees at the hands of U.S. officials and civilian contractors. One plaintiff, referred to in the litigation only as Saleh, had been imprisoned and tortured in Abu Ghraib prison under the Saddam Hussein regime. After his release... 2005 Yes
Janet Koven Levit MEDELLÍN V. DRETKE: ANOTHER CHAPTER IN THE VIENNA CONVENTION NARRATIVE 41 Tulsa Law Review 193 (Winter 2005) International law is not made of discrete events, like a treaty-signing ceremony, the passage of legislation, or a diplomatic summit. Instead, international law is an iterative lawmaking process engaging numerous transnationalactors as lawmakers. Indeed, as an international scholar, I feel like a storyteller, developing colorful characters and... 2005 Yes
Brett Shumate NEW RULES FOR A NEW WAR: THE APPLICABILITY OF THE GENEVA CONVENTIONS TO AL-QAEDA AND TALIBAN DETAINEES CAPTURED IN AFGHANISTAN 18 New York International Law Review 1 (Summer, 2005) In the wake of the U.S. Supreme Court's decisions in June 2004 regarding the status of the Guantánamo Bay detainees, the legal status of those detainees under international law continues to remain at the forefront of political and legal debate. In deciding Hamdi v. Rumsfeld, the Supreme Court specifically declined to determine whether the detainees... 2005 Yes
Erik B. Bluemel ACCOMMODATING NATIVE AMERICAN CULTURAL ACTIVITIES ON FEDERAL PUBLIC LANDS 41 Idaho Law Review 475 (2005) In recent years significant indigenous peoples' movements have arisen in many countries throughout the world. This international indigenous politicization has made it easy to overlook the plight of indigenous peoples, or Indians, within United States boundaries. The colonization of Native American lands in the United States has resulted in the... 2005  
Connie de la Vega , Conchita Lozano-Batista ADVOCATES SHOULD USE APPLICABLE INTERNATIONAL STANDARDS TO ADDRESS VIOLATIONS OF UNDOCUMENTED MIGRANT WORKERS' RIGHTS IN THE UNITED STATES 3 Hastings Race and Poverty Law Journal 35 (Fall, 2005) Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of... 2005  
Robert J. Delahunty , John Yoo AGAINST FOREIGN LAW 29 Harvard Journal of Law & Public Policy 291 (Fall, 2005) In recent years, several Supreme Court Justices have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice has occurred in several controversial, high-profile cases. Roper v. Simmons outlawed application of the death penalty to offenders who were under eighteen when their... 2005  
Gordon R. Jimison AMICUS FILINGS AND INTERNATIONAL LAW: TOWARD A GLOBAL VIEW OF THE UNITED STATES CONSTITUTION 55 Catholic University Law Review 267 (Fall, 2005) Over one hundred years ago, the Supreme Court announced that [i]nternational law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. Since then, and especially since the start of the... 2005  
Randall Peerenboom ASSESSING HUMAN RIGHTS IN CHINA: WHY THE DOUBLE STANDARD? 38 Cornell International Law Journal 71 (2005) Introduction. 72 I. China and the International Human Rights Regime: Engagement and Resistance. 78 II. Survey of Rights Performance. 84 A. Physical Integrity Rights and Derogation of Rights in Times of Emergency. 84 1. Martial Law, Strike Hard at Crime Campaigns, and Terrorism. 92 B. Civil and Political Rights. 97 1. Freedom of Thought: State... 2005  
David Weissbrodt BUSINESS AND HUMAN RIGHTS 74 University of Cincinnati Law Review 55 (Fall, 2005) Whether it is Nazi industrialists using slave labor from concentration camps or central African rebels exploiting local farmers and natural resources to supply international businesses, human rights atrocities are all too often committed in the name of corporate profitability. The international community's tendency to look the other way has been... 2005  
Marc O. DeGirolami CONGRESSIONAL THREATS OF REMOVAL AGAINST FEDERAL JUDGES 10 Texas Journal on Civil Liberties & Civil Rights 111 (Spring 2005) The apparent state of relations [between Congress and the judiciary] is more tense than at any time in my lifetime. The federal judicial branch has lately become the object of increasing scrutiny and distrust by its legislative counterpart. Congressional suspicion is often directed toward judicial discretion in criminal sentencing and, more... 2005  
Mayra Gómez, Bret Thiele HOUSING RIGHTS ARE HUMAN RIGHTS 32-SUM Human Rights 2 (Summer, 2005) The wealthiest country in the world--the United States of America--is home to millions of people who lack adequate housing. Beyond the epidemic of homelessness, which affects an estimated 3.5 million Americans, some 1.35 million of whom are children, millions more live in poor housing conditions that often rival those found in developing countries.... 2005  
George P. Smith, II HUMAN RIGHTS AND BIOETHICS: FORMULATING A UNIVERSAL RIGHT TO HEALTH, HEALTH CARE, OR HEALTH PROTECTION? 38 Vanderbilt Journal of Transnational Law 1295 (November 1, 2005) Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks--foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced--and to some degree recognized under the rubric of a social or cultural entitlement within the... 2005  
Paul R. Dubinsky HUMAN RIGHTS LAW MEETS PRIVATE LAW HARMONIZATION: THE COMING CONFLICT 30 Yale Journal of International Law 211 (Winter 2005) I. Introduction. 212 II. Private Law Harmonization in the Twentieth Century. 218 A. The Origins and Ideologies of Modern Private Law Harmonization. 219 1. Scholars and Intellectuals. 219 2. Commercial Interests. 221 3. Political Integrationists. 221 4. The Cumulative Impact. 223 B. Harmonization After World War II. 223 1. Harmonization Treaties.... 2005  
Ruqaiijah Yearby IS IT TOO LATE FOR TITLE VI ENFORCEMENT? - SEEKING REDEMPTION OF THE UNEQUAL UNITED STATES' LONG TERM CARE SYSTEM THROUGH INTERNATIONAL MEANS 9 DePaul Journal of Health Care Law 971 (2005) Segregation is the adultery of an illicit intercourse between injustice and immorality. Reverend Dr. Martin Luther King, Jr. Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with... 2005  
Hari M. Osofsky LEARNING FROM ENVIRONMENTAL JUSTICE: A NEW MODEL FOR INTERNATIONAL ENVIRONMENTAL RIGHTS 24 Stanford Environmental Law Journal 71 (January, 2005) I. Introduction. 72 II. Problems of Legal Characterization. 77 A. Limitations of Applicable International Law. 78 B. Varying Sovereignty Regimes. 80 1. International Environmental Law. 80 2. International Human Rights Law. 82 C. Divergent Applications of General Rights. 86 III. A Model for Categorizing Environmental Rights Violations. 87 A.... 2005  
Daniel Kanstroom LEGAL LINES IN SHIFTING SAND: IMMIGRATION LAW AND HUMAN RIGHTS IN THE WAKE OF SEPTEMBER 11TH 25 Boston College Third World Law Journal 1 (Winter, 2005) In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the... 2005  
Robin L. Nunn LOCK THEM UP AND THROW AWAY THE VOTE 5 Chicago Journal of International Law 763 (Winter 2005) Injustice anywhere is a threat to justice everywhere. On March 30, 2004, the European Court of Human Rights ruled unanimously that laws in the United Kingdom barring inmates from voting violate their human rights. The Court expressed that any devaluation or weakening of th [e] right [to vote] threatens to undermine [the democratic] system and... 2005  
Melissa A. Waters MEDIATING NORMS AND IDENTITY: THE ROLE OF TRANSNATIONAL JUDICIAL DIALOGUE IN CREATING AND ENFORCING INTERNATIONAL LAW 93 Georgetown Law Journal 487 (January, 2005) In Lawrence v. Texas, the United States Supreme Court took the unprecedented step of considering foreign case law in interpreting the rights granted to American citizens under the Constitution. In striking down a law prohibiting sodomy, Justice Kennedy, writing for the majority, cited similar cases in which the European Court of Human Rights had... 2005  
The Honorable Diane P. Wood OUR 18 CENTURY CONSTITUTION IN THE 21 CENTURY WORLD 80 New York University Law Review 1079 (October, 2005) In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the classic question of whether courts should interpret the United States Constitution from an originalist or dynamic approach. Judge Wood argues for the dynamic approach and defends it against the common criticisms that doing so allows judges to stray... 2005  
Angelique A. EagleWoman , (Wambdi A. Wastewin) RE-ESTABLISHING THE SISSETON-WAHPETON OYATE'S RESERVATION BOUNDARIES: BUILDING A LEGAL RATIONALE FROM CURRENT INTERNATIONAL LAW 29 American Indian Law Review 239 (2004-2005) This article will examine one tribal nation as an example of the many land loss issues facing Tribes at present. Through the example of the Sisseton-Wahpeton Oyate history of treaties, agreements, land cessions, and finally a federal ruling of reservation disestablishment, the policies of the United States regarding Indian lands will be shown. To... 2005  
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