| Author | Title | Citation | Summary | Year | Key Terms |
| Julia Grant |
A CLASH OF CONSTITUTIONAL COVENANTS: RECONCILING STATE SOVEREIGN IMMUNITY AND JUST COMPENSATION |
109 Virginia Law Review 1143 (September, 2023) |
When two bedrock constitutional guarantees come in conflict, which one prevails? This Note explores the clash between state sovereign immunity and the right to just compensation in inverse condemnation actions. When a state physically invades private property without providing remuneration, plaintiffs rightly take to federal court, asserting their... |
2023 |
Yes |
| Hon. Richard E. Welch III |
A FLICKERING LIGHT IN THE WILDERNESS: COULD THE RECENT "PLAN OF THE CONVENTION" CASES CORRECT AND SIMPLIFY THE SUPREME COURT'S STATE SOVEREIGNTY DOCTRINE? |
57 New England Law Review 171 (Spring, 2023) |
The Supreme Court's interpretations of the Eleventh Amendment and its related doctrine of state sovereign immunity are uniquely untethered and puzzling. Imagine a world where the Supreme Court creates a state sovereign immunity doctrine contrary to written limitations contained in the Constitution. Imagine further that the Court, using this... |
2023 |
Yes |
| Peter B. Janci, Stephen F. Crew, Zachary Pangares |
A PATH FORWARD: LITIGATING THE TREATY-BASED CLAIMS OF CHILDREN SEXUALLY ABUSED IN THE INDIAN HEALTH SERVICE SYSTEM |
46 Seattle University Law Review 867 (Summer, 2023) |
C1-2Contents Introduction. 867 I. Treaties and the Government's Role in Indian Life: An Example Set of Facts. 871 A. The U.S. Government's Betrayal of Blackfeet Boys. 871 1. Then (1986-2015): IHS Knowingly Harbors a Sexual Predator. 871 2. Now (2019-Present): The Government's Renewed Betrayal of Weber's Victims. 875 II. A Path Forward: Victims'... |
2023 |
Yes |
| Christopher T. Colloton |
A RIGHT WITHOUT A REMEDY: HOW ONE CINCINNATIAN'S STORY ILLUSTRATES TERRORISM VICTIMS' INABILITY TO OBTAIN COMPENSATION UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT |
92 University of Cincinnati Law Review 555 (2023) |
On January 2, 2016, officials at Pyongyang Sunan International Airport arrested twenty-one-year-old Otto Warmbier, a native son of Wyoming, Ohio, a quiet suburb of Cincinnati. Abruptly and without explanation, Otto was seized just as he was set to return home from a five-day trip to the Democratic People's Republic of Korea (DPRK), the infamously... |
2023 |
Yes |
| Amanda Hager Freudensprung |
ABROGATING TRIBAL SOVEREIGN IMMUNITY VIA THE BANKRUPTCY CODE |
45 University of Arkansas at Little Rock Law Review 689 (Summer, 2023) |
Indian tribes have been considered separate governments since the Founding of the New World, and are separate sovereigns pre-existing the Constitution. As a result, Indian tribes have historically been held to have many of the same rights as any nation to govern themselves and to enjoy sovereign immunity. A government enjoying the privilege of... |
2023 |
Yes |
| Charles H. Brower II |
AGAINST IMPERIAL ARBITRATORS: THE BRILLIANCE OF CANADA'S NEW MODEL INVESTMENT TREATY |
17 FIU Law Review 1 (Spring, 2023) |
Investment treaty arbitration has become politically toxic even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result,... |
2023 |
Yes |
| Mitchell Forbes |
BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS |
40 Alaska Law Review 171 (June, 2023) |
The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... |
2023 |
Yes |
| Katharina Ruckstuhl |
DATA IS A TAONGA: AOTEAROA NEW ZEALAND, MORI DATA SOVEREIGNTY AND IMPLICATIONS FOR PROTECTION OF TREASURES |
12 NYU Journal of Intellectual Property and Entertainment Law 391 (2023) |
Sovereignty, and how Indigenous people interpret sovereignty, matter in relation to data. There have been persistent claims and counter-claims as to what constitutes Indigenous sovereignty, both in international agreements and national legal cases. To understand the complex nature of Indigenous data sovereignty claims requires framing within... |
2023 |
Yes |
| Natalie Gomez-Velez |
DE JURE SEPARATE AND UNEQUAL TREATMENT OF THE PEOPLE OF PUERTO RICO AND THE U.S. TERRITORIES |
91 Fordham Law Review 1727 (April, 2023) |
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems--they exist presently in current laws... |
2023 |
Yes |
| Rosa Hayes |
DECOLONIZING EQUAL SOVEREIGNTY |
29 William and Mary Journal of Race, Gender, and Social Justice 355 (Winter, 2023) |
In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County's immediate aftermath... |
2023 |
Yes |
| by Barbara L. Jones , Minneapolis, MN |
Does the Bankruptcy Code Unequivocally Abrogate Tribal Sovereignty |
50 Preview of United States Supreme Court Cases 29 (4/17/2023) |
The petitioner, Lac du Flambeau Band of Lake Superior Chippewa Indians, is a federally recognized Indian tribe that operates Lendgreen, which makes Internet payday loans. The respondent borrowed $1,100 and filed a Chapter 13 bankruptcy shortly thereafter. Asserting tribal sovereignty, and thus common-law immunity, the petitioner continued attempts... |
2023 |
Yes |
| by Barbara L. Jones , Minneapolis, MN |
Does the United States Have a Duty Under Existing Treaties to Address the Navajo Nation Reservation's Water Needs? |
50 Preview of United States Supreme Court Cases 3 (3/20/2023) |
The Navajo Nation seeks breach-of-trust remedies under 1849 and 1868 treaties, alleging that the United States breached its treaty-based obligation to make water available to the Nation on its reservation. The use of the rivers in the Southwest, including the Colorado River, have long been the subject of litigation. The case before the Court is... |
2023 |
Yes |
| Emmanuel Hiram Arnaud |
DUAL SOVEREIGNTY IN THE U.S. TERRITORIES |
91 Fordham Law Review 1645 (April, 2023) |
Introduction. 1645 I. The Dual Sovereign Doctrine. 1650 II. The Ultimate Source of Power. 1651 A. Territorial Sovereign. 1654 B. Colonial Jurisprudence. 1656 III. Governance and Sovereignty. 1659 A. Sovereign Approximations. 1659 B. Power Deficiencies. 1663 IV. Colonial Emanations. 1666 A. Optics and Practice. 1666 B. A Silver Lining. 1668... |
2023 |
Yes |
| Nan D. Hunter |
FAMILY, RELIGION AND THE CONSTITUTION: PENUMBRAS OF SOVEREIGNTY |
35 Journal of the American Academy of Matrimonial Lawyers 571 (2023) |
In the following essay, Professor Hunter uses the metaphor of family sovereignty to analyze three stages in the history of family law and the Constitution. Over time, the jurisprudential dynamic of family law has shifted from rejection of constitutional principles to incorporation of liberal equality norms to exporting the concept of private... |
2023 |
Yes |
| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
Yes |
| Roger Michalski |
FRACTIONAL SOVEREIGNTY |
13 UC Irvine Law Review 683 (March, 2023) |
The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws... |
2023 |
Yes |
| Jason Mika , Māui Hudson , Natalie Kusabs |
INDIGENOUS BUSINESS DATA AND INDIGENOUS DATA SOVEREIGNTY: CHALLENGES AND OPPORTUNITIES |
12 NYU Journal of Intellectual Property and Entertainment Law 427 (2023) |
In this paper, principles of Indigenous data sovereignty are examined in the collection and use of Indigenous business data in official statistics systems in Aotearoa New Zealand. The analysis centres on Statistics New Zealand's (Stats NZ's) Tatauranga umanga Mori, that is, its framework for Mori business statistics and the definition of Mori... |
2023 |
Yes |
| David Laux |
INTELLECTUAL PROPERTY PROTECTION FOR GENETIC RESOURCES, TRADITIOcAL KNOWLEDGE, AND FOLKLORE: WILL THE ON-GOING WIPO EFFORTS RESULT IN A FORMAL TREATY? |
103 Journal of the Patent and Trademark Office Society 353 (October, 2023) |
C1-3Table of Contents I. Introduction. 354 II. The History of the WIPO Intergovernmental Committee. 354 A. 2001-2008 (IGCs 1-14: The Research Years). 354 B. 2009-2017 (IGCs 15-35: Text-based Negotiations). 358 C. 2018-Present (IGCs 36-47: Recent Negotiations and a Diplomatic Conference). 361 III. Current Status of Negotiations in the Text-based... |
2023 |
Yes |
| Jean Paul Roekaert |
INVESTMENT TREATY ARBITRATION AND THE TRIPS PATENT WAIVER: INDIRECT EXPROPRIATION ANALYSIS OF COVID-19 VACCINE PATENTS |
46 Hastings International and Comparative Law Review 59 (Winter, 2023) |
Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights... |
2023 |
Yes |
| Robin Kundis Craig |
MARINE BIODIVERSITY: CHALLENGES, TRENDS, AND A NEW TREATY |
53 Environmental Law 343 (Summer, 2023) |
Marine biodiversity is an important component of global biodiversity, which is under threat from a variety of anthropogenic stressors. Some of the most important of these include overfishing, pollution, invasive species, climate change, and ocean acidification. After summarizing the scientific evidence that global marine biodiversity is declining,... |
2023 |
Yes |
| Thomas Langtry |
MODERNIZING LANGUAGE IN THE CALIFORNIA GOVERNMENT CLAIMS ACT TO ENABLE CONSISTENT ENFORCEMENT OF STATUTORY SOVEREIGN IMMUNITY |
53 Golden Gate University Law Review 147 (August, 2023) |
Introduction. 148 I. Background. 153 A. A History of Sovereign Immunity. 153 B. Problems with Sovereign Immunity in Federal Courts. 156 1. The Failure of Doctrinal Approaches to Adequately Address Concerns of Litigants. 158 2. Non-responsiveness of the U.S. Supreme Court's Analytical Framework. 159 C. Different Approaches in Federal and State... |
2023 |
Yes |
| Travis Elway Timm |
MODERNIZING THE COLUMBIA RIVER TREATY: TWO PROPOSALS TO ELEVATE THE ECOSYSTEM AND TO INCLUDE TRIBES |
58 Gonzaga Law Review 263 (2022/2023) |
The Columbia River Treaty, ratified in 1964, is an agreement between the United States and Canada to coordinate flood control and hydroelectric energy production within the Columbia River Basin. The treaty achieved this by requiring the building and management of dams in the upper Columbia River Basin. The dams flooded the usual fishing, trade, and... |
2023 |
Yes |
| Andy Taylor |
MUCH DISPUTE ABOUT NOTHING? A CRITICAL EXAMINATION OF THE BACKLASH AGAINST INVESTMENT TREATY ARBITRATION IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES |
14 Cybaris an Intellectual Property Law Review 33 (2023) |
C1-3Table of Contents I. Introduction 34 II. ISDS: Origins, Growth & Criticism 36 A. Origins of ISDS 36 B. Growth of ISDS 39 C. Backlash Against ISDS 42 D. Criticism of ISDS in IP Disputes 46 III. Notable Investor-State IP Disputes 49 A. Patents: Eli Lilly v. Canada 49 B. Trademarks: Philip Morris v. Uruguay 55 IV. Argument 58 A. ISDS: An... |
2023 |
Yes |
| Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
Yes |
| Laura Waldman |
NO SETTLED LAW ON SETTLED LAND: LEGAL STRUGGLES FOR NATIVE AMERICAN LAND AND SOVEREIGNTY RIGHTS |
26 CUNY Law Review 220 (Summer, 2023) |
I. INTRODUCTION. 221 II. THE ROOTS OF DISPOSSESSION. 223 A. Resource Greed Drives Settlers' Theft of Native American Land. 223 B. An Ineffective Treaty Codifies Partial Sovereignty. 226 C. Allotment Further Weakens Native American Control of Land. 229 III. ROLE OF THE JUDICIARY. 232 A. Cherokee Nation Has No Standing in Cherokee Nation v. Georgia.... |
2023 |
Yes |
| Ali Malik, Drake University |
NULLIUS: THE ANTHROPOLOGY OF OWNERSHIP, SOVEREIGNTY, AND THE LAW IN INDIA, KRITI KAPILA (CHICAGO: HAU PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (November, 2023) |
In Nullius: The Anthropology of Ownership, Sovereignty, and the Law in India, Kriti Kapila subjects the concept of dispossession in India to anthropological inquiry to study the mutually constitutive relations between the social relations embedded in regimes of property ownership and practices of sovereignty-making enacted by the colonial and... |
2023 |
Yes |
| Michael D.O. Rusco |
OKLAHOMA v. CASTRO-HUERTA, JURISDICTIONAL OVERLAP, COMPETITIVE SOVEREIGN EROSION, AND THE FUNDAMENTAL FREEDOM OF NATIVE NATIONS |
106 Marquette Law Review 889 (Summer, 2023) |
Pay no attention to the man behind the curtain. --Wizard of Oz (Metro-Goldwyn-Mayer 1939) In addition to its stunning internal flaws, the United States Supreme Court's opinion in Oklahoma v. Castro-Huerta exemplifies Indian law's broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and... |
2023 |
Yes |
| |
PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT-- SOVEREIGN IMMUNITY--ELEVENTH AMENDMENT--U.S. TERRITORIES--FINANCIAL OVERSIGHT & MANAGEMENT BOARD FOR PUERTO RICO v. CENTRO DE PERIODISMO INVESTIGATIVO, INC. |
137 Harvard Law Review 460 (November, 2023) |
Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from natural disasters whilst being subject to discriminatory restrictions on federal aid, and is vulnerable to corporate interests and exploitation. The resultant austerity measures imposed in response to the debt... |
2023 |
Yes |
| Paul Rose |
REGULATING STRATEGIC SOVEREIGN WEALTH |
48 Brigham Young University Law Review 1345 (2023) |
In an era of ascendant globalization, sovereign wealth funds were used by governments around the world--and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses--to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a... |
2023 |
Yes |
| Julianna Smith |
RIGHTS OF NATURE AND TRIBAL SOVEREIGNTY: PROTECTING NATURAL COMMUNITIES, WILD RICE, AND SALMON IN THE UNITED STATES |
38 Maryland Journal of International Law 162 (2023) |
The transboundary nature of environmental harm has led to a vast and complex body of global environmental law. As environmental issues grow and technologies improve, countries look to each other to develop new ways to combat environmental harms and create cross-cultural environmental policies. Rights of Nature are an example of this and are largely... |
2023 |
Yes |
| Joao F. Magalhaes , Coordinating Editor, Connell Foley LLP, Newark, N.J. |
SCOTUS: TRIBAL SOVEREIGN IMMUNITY ABROGATED THROUGH THE CODE |
42-SEP American Bankruptcy Institute Journal 26 (September, 2023) |
In Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the U.S. Supreme Court set out to resolve a split among circuit courts of appeals as to whether Congress had abrogated the sovereign immunity of the Indian tribes through the Bankruptcy Code. The matter rose to the Court from a dispute between a wholly owned subsidiary of a... |
2023 |
Yes |
| J. Zak Ritchie |
SOVEREIGN IMMUNITY AND THE WEST VIRGINIA CONSTITUTION |
125 West Virginia Law Review 885 (Spring, 2023) |
I. Background. 887 A. Sovereign Immunity in West Virginia and the Ratification of the 1872 State Constitution. 889 B. The Meaning of Article VI, Section 35. 890 1. The Textualist or Original Understanding Method. 890 2. The Original Meaning of Article VI, Section 35. 892 C. Application of Article VI, Section 35 before Pittsburgh Elevator. 894 1.... |
2023 |
Yes |
| Deborah L. Thorne , Luke L. Sperduto |
SOVEREIGN IMMUNITY TESTS BANKRUPTCY'S LEAST CONTESTED AXIOMS |
39 Emory Bankruptcy Developments Journal 1 (2023) |
Section 106 of the Bankruptcy Code expressly abrogates the sovereign immunity of governmental units with respect to fifty-nine other provisions of the Code. There are currently two distinct issues splitting circuit courts over the meaning of this provision. First, does section 106 waive the sovereign immunity of the Internal Revenue Service in... |
2023 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 351 (December, 2023) |
C1-2Table of Contents I. Introduction. 351 II. Federal Regulatory Developments. 352 A. Amendments to and Issuance of Agency Rules. 352 B. Executive Action. 354 III. Judicial Developments. 355 A. Moratorium on Federal Leases. 355 B. Royalty Calculations on Tribal Lands. 356 C. Extension of Tribal Immunity. 358 D. Operator Trespass on Tribal Land.... |
2023 |
Yes |
| Jonathan Williams |
TEXT AND STRUCTURE IN HISTORICAL CONTEXT: A THEORY ABOUT THE FATE OF THE EXCLUSIVE TREATY POWER |
48 North Carolina Journal of International Law 227 (Spring, 2023) |
I. Introduction. 228 A. Congressional-Executive Agreements and the Paradox of International Agreement--Making in the 2020s. 228 B. Treaty Exclusivity Against Interchangeability: The Terms Defined and Illustrated. 229 II. Exclusivity Against Interchangeability Since the 1990s. 234 A. Tribe's Textual and Structural Challenge. 234 B. The Scarcity of... |
2023 |
Yes |
| Cameron Abatti |
THE ENEMY OF MY ENEMY IS MY FRIEND. THE RETURN OF WOLVES THROUGH FEDERAL AUTHORITY AND TRIBAL TREATY RIGHTS |
34 Colorado Environmental Law Journal 353 (Spring, 2023) |
Introduction. 354 I. Background. 360 A. The Misconceptions about Wolves. 360 1. Hunters. 360 2. Ranchers. 362 B. Nonlethal Predator Management. 364 II. Federal Authority and Management for Wildlife on Federal Lands. 366 A. Constitutional Authority. 366 1. Supremacy Clause. 366 2. Property Clause. 367 3. Commerce Clause. 368 4. Tenth Amendment.... |
2023 |
Yes |
| Robert G. Natelson |
THE FALSE DOCTRINE OF INHERENT SOVEREIGN AUTHORITY |
24 Federalist Society Review 346 (10/20/2023) |
This essay examines the hypothesis that the federal government and its departments and officials hold powers unenumerated in the Constitution because those powers are inherent in the federal government's sovereignty. This hypothesis is called the doctrine of inherent sovereign authority. It should not be confused with a similarly-named... |
2023 |
Yes |
| Chief Ben Barnes |
THE INTERSECTION OF LANGUAGE, LAW, AND SOVEREIGNTY: A SHAWNEE PERSPECTIVE |
34 Colorado Environmental Law Journal 17 (Spring, 2023) |
NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54 Algonquian Conference, University of Colorado Boulder, October 21, 2022. Kristen Carpenter: Greetings from the American Indian Law Program here at the University of Colorado. I am pleased to have this opportunity to co-chair this conference with my... |
2023 |
Yes |
| Dylan R. Hedden-Nicely |
THE TERMS OF THEIR DEAL: REVITALIZING THE TREATY RIGHT TO LIMIT STATE JURISDICTION IN INDIAN COUNTRY |
27 Lewis & Clark Law Review 457 (2023) |
But today and to its credit, the Court holds the parties to the terms of their deal. It is the least we can do. Justice Neil Gorsuch, Washington State Department of Licensing v. Cougar Den. For over 200 years, the whole course of judicial decision in the United States has recognized that American Indian tribes possess inherent sovereignty to... |
2023 |
Yes |
| Gabrielle Jones |
THE WINDING TRAIL: A LOOK AT NON-LINEAR TEMPORALITY IN LITERARY WORKS IN RESPONSE TO THE ISSUE OF SOVEREIGNTY |
47 American Indian Law Review 195 (2022-2023) |
--Justice Gorsuch In a 2013 case in the United States District Court of the Western District of Texas, Steven John Busti alleged copyright infringement of his comic, Cowboys and Aliens, by two works: a graphic novel and a movie, both named Cowboys & Aliens. Based on titles of works alone, a reader can already glean how the court approached this... |
2023 |
Yes |
| Hannah Friedle |
TREATIES AS A TOOL FOR NATIVE AMERICAN LAND REPARATIONS |
21 Northwestern Journal of Human Rights 239 (Summer, 2023) |
Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes' treaty rights to land? Some Native nations received... |
2023 |
Yes |
| Joe Hillman , Clayton Fulton |
TRIBAL INFRASTRUCTURE AS A ROAD TO RECLAIMING SOVEREIGNTY |
62 Washburn Law Journal 635 (Spring, 2023) |
The ability to shape one's built environment has always been tied to the idea of sovereignty, both at the levels of individual people and units of communal self-governance. Modern tribal infrastructure is overwhelmingly influenced by a top-down approach where money comes from the federal government and credit for infrastructure projects in tribal... |
2023 |
Yes |
| Michael Doran |
TRIBAL SOVEREIGNTY PREEMPTED |
89 Brooklyn Law Review 53 (Fall, 2023) |
In 1832, the US Supreme Court held in Worcester v. Georgia that the State of Georgia had no authority to exercise criminal jurisdiction over a non-Indian for conduct within the lands of the Cherokee Nation. In passages repeated many times since, the Court said that the several Indian nations [are] distinct political communities, having territorial... |
2023 |
Yes |
| Erick J. Franz Hughes |
UNCIRCLE THE WAGONS: RECONCILING WYOMING'S REGULATORY TRADITION WITH THE EASTERN SHOSHONE'S TREATY-BASED OFF-RESERVATION HUNTING RIGHTS |
23 Wyoming Law Review 11 (2023) |
I. Introduction. 12 II. The Genesis of Wyoming's Regulatory Tradition. 15 A. The Eastern Shoshone reserved off-reservation hunting rights in the Second Treaty of Fort Bridger. 16 B. The Marshall Trilogy and Frederick Jackson Turner's Frontier Thesis collide. 19 C. Ward v. Race Horse institutionalized Frederick Jackson Turner's Frontier Thesis. 22... |
2023 |
Yes |
| Lucas Szulczynski |
UNITED STATES v. COOLEY: A STEP TOWARDS TRIBAL SOVEREIGNTY |
56 UIC Law Review 697 (Winter 2023) |
I. Introduction. 697 II. Background. 699 A. Inherent Sovereignty and the Treaty Period. 699 B. Allotment and Territorial Erosion. 702 C. Repudiation, Termination, and Modern Policy. 706 D. Implicit Divestiture Doctrine. 708 III. Analysis: United States v. Cooley. 711 A. United States v. Cooley Background. 711 B. Ninth Circuit Court of Appeals. 714... |
2023 |
Yes |
| Eric Loefflad, University of Kent, Canterbury, UK, Email: e.d.loefflad@kent.ac.uk |
UNPARTITIONABLE: C.H. ALEXANDROWICZ, SOVEREIGN DIVISIBILITY, AND THE LONGUE DURÉE OF THE POLISH-LITHUANIAN COMMONWEALTH |
24 German Law Journal 912 (August, 2023) |
(Received 13 June 2022; accepted 22 September 2022) In recent years, scholars of international legal history have demonstrated much newfound interest in C.H. Alexandrowicz, a Polish jurist renowned for his anti-Eurocentric revisionist account of Asian and African agency within the meta-narrative of international law. Building on efforts to link his... |
2023 |
Yes |
| Jack Zarin-Rosenfeld |
WATER BANKRUPTCY THROUGH THE BANKRUPTCY CODE |
57 U.C. Davis Law Review 1435 (December, 2023) |
Water scarcity due to climate change is forcing the state and local government agencies that regulate water use to prioritize certain water uses and users above others. Water agencies could just stand pat and enforce existing priorities, even if doing so would cut off valuable collective uses of water that are lower in priority than uses by narrow... |
2023 |
Yes |
| Connor D. Hicks |
WITHOUT RESERVATION: ENSURING UNIFORM TREATMENT IN BANKRUPTCY WHILE KEEPING IN MIND THE INTERESTS OF NATIVE AMERICAN INDIVIDUALS AND TRIBES |
28 Fordham Journal of Corporate and Financial Law 341 (2023) |
The Bankruptcy Code (Code) exists as a mechanism for good faith debtors to discharge debts and seek a fresh start in life and finance. 11 U.S.C. § 106(a) ensures that not only are all debtors treated uniformly, but that all creditors, including governmental creditors which may otherwise enjoy immunity from suit, are equally subject to the... |
2023 |
Yes |
| Cree Jones , Weijia Rao |
(UN)STABLE BITS |
47 Yale Journal of International Law 247 (Summer, 2022) |
INTRODUCTION. 248 A. Popular Narrative. 252 B. Disentangling Preferences. 254 I. NEGOTIATION INPUT, EVOLVING PREFERENCES, AND TREATY TERMINATION. 257 A. An Overview. 258 B. Mass Terminators: India & Ecuador. 261 C. Incremental Terminators: Indonesia & South Africa. 263 D. Renegotiators: Germany & China. 264 E. Termination by Consent. 266 F.... |
2022 |
Yes |
| Heather Odell |
ACCOUNTABLE TO NONE? CHALLENGING SOVEREIGN IMMUNITY THROUGH THE TRAFFICKING VICTIMS PROTECTION ACT |
63 Boston College Law Review 1517 (April, 2022) |
Abstract: Although amendments to the Trafficking Victims Protection Act (TVPA) have opened the door to greater corporate liability, government liability under the TVPA remains murky. A critical barrier that plaintiffs suing government entities confront is the broad protection from suit that states enjoy under the Eleventh Amendment. One of the few... |
2022 |
Yes |