| Author | Title | Citation | Summary | Year | Key Terms |
| Robert A. Mikos |
UNAUTHORIZED AND UNWISE: THE LAWFUL USE REQUIREMENT IN TRADEMARK LAW |
75 Vanderbilt Law Review 161 (January, 2022) |
For decades, the United States Patent and Trademark Office (PTO) has required trademark owners to comply with sundry nontrademark laws governing the sale of their trademarked goods and services. Pursuant to this lawful use requirement, the Agency has refused or even cancelled registration of thousands of marks used on everything from Schedule I... |
2022 |
|
| Kevin M. Biglin |
USING THE PUBLIC TRUST DOCTRINE TO SHUT DOWN ENBRIDGE LINE 5 |
23 Rutgers Race & the Law Review 327 (2022) |
The Great Lakes constitute one of the world's largest fresh water supplies. Millions of people rely on the lakes for drinking water and over 800,000 jobs. Millions more seek out vacations along the shores of the Great Lakes. Particularly popular are the Straits of Mackinac, known for their history, natural landscape, and biodiversity. However,... |
2022 |
|
| Katherine Florey |
WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS |
67 South Dakota Law Review 443 (2022) |
When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... |
2022 |
|
| Richard A. Monette |
WATER LAW IN NATIVE NATION TERRITORIES |
95-OCT Wisconsin Lawyer 10 (October, 2022) |
Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... |
2022 |
|
| Joshua J. Schroeder |
WHY COST/BENEFIT BALANCING TESTS DON'T EXIST: HOW TO DISPEL A DELUSION THAT DELAYS JUSTICE FOR IMMIGRANTS |
125 West Virginia Law Review 183 (Fall, 2022) |
In 2022, the U.S. Supreme Court nullified its earlier presumption that indefinite immigrant detention without bond hearings is unconstitutional under Zadvydas v. Davis. If Zadvydas is a nullity, those who raise due process balancing tests during the post-removal-period in immigrant habeas review may need to find new grounds for review. However,... |
2022 |
|
| Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
|
| Hannah Duncan |
YOUTH ALWAYS MATTERS: REPLACING EIGHTH AMENDMENT PSEUDOSCIENCE WITH AN AGE-BASED BAN ON JUVENILE LIFE WITHOUT PAROLE |
131 Yale Law Journal 1936 (April, 2022) |
The Supreme Court has placed restrictions on courts' ability to impose life-with-out-parole sentences on juveniles. Most recently, Jones v. Mississippi underscored how existing Eighth Amendment protections fail to extend categorical protection to all juveniles. Tracing the history of intrachildhood classifications, this Note argues that Jones's... |
2022 |
|
| Richard Spradlin |
ZONING, NATURAL RESOURCES, AND RECLAMATION: OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE IN A FLOWERING INDUSTRY |
23 Vermont Journal of Environmental Law 374 (Summer, 2022) |
Introduction. 375 I. Racialized Criminalization and Attempted Restoration. 377 A. Criminalization. 377 B. Legalization. 379 1. Canna-colonialism. 379 II. Relationship Between the Environment and Cannabis Cultivation/Production. 383 III. EJ and Cannabis: Considerations and Opportunities. 389 A. Zoning, Licensing, and Community Rebuilding. 390 B.... |
2022 |
|
| Amanda Frost |
"BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK |
32 Yale Journal of Law & the Humanities 38 (Summer, 2021) |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
2021 |
Yes |
| Heather D. Schafroth |
"CUI BONO FUISSET": COORDINATING U.S. TAX STATUES WITH U.S. TAX TREATIES |
40 Virginia Tax Review 371 (Winter, 2021) |
When attempting to resolve a potential conflict between a U.S. tax statute and a U.S. tax treaty provision, how much should it matter whether the statue was enacted before or after the ratification of the treaty? Examining the history of the later-in-time rule and related principles used in coordinating treaties and statutes suggests that the... |
2021 |
Yes |
| George Dylan Boan |
"SAY THE MAGIC WORDS": HOW SOVEREIGN IMMUNITY ABSOLVES THE FEDERAL GOVERNMENT FROM ITS OBLIGATIONS UNDER THE FAIR CREDIT REPORTING ACT |
99 North Carolina Law Review 1617 (September, 2021) |
In the many decades following World War II, America has become a country run on credit. Hardly a day passes in which the average citizen has not been offered a new credit card, loan, or opportunity to refinance their existing debt. Underpinning it all is a vast credit ecosystem processing incredible amounts of data. When Congress passed the Fair... |
2021 |
Yes |
| Edward C. Beach, Jr. |
"THE GOOD OF EACH OF THE PARTS": A COLLECTIVE ACTION UNDERSTANDING OF THE TREATY CLAUSE |
16 Duke Journal of Constitutional Law & Public Policy 279 (Spring, 2021) |
Article II, Section 2 of the Constitution gives the President the power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. The Supremacy Clause gives treaties--like federal statutes--the status of supreme law in the constitutional system. But the process for concluding treaties... |
2021 |
Yes |
| Noelia Gravotta |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
29 New York University Environmental Law Journal 118 (2021) |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
2021 |
Yes |
| Henan Hu |
A PHILOSOPHICAL INQUIRY INTO THE CONCEPT OF TERRITORIAL SOVEREIGNTY: A NEW ANALYTICAL FRAMEWORK OF THE TERRITORIAL DISPUTES IN THE CHINA SEAS |
4 Cardozo International & Comparative Law Review 463 (Winter, 2021) |
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial... |
2021 |
Yes |
| Josh Martin |
A TRANSNATIONAL LAW OF THE SEA |
21 Chicago Journal of International Law 419 (Winter, 2021) |
It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law--such as sovereign... |
2021 |
Yes |
| M. June Harris |
A VIEW FROM TRIBAL COURT |
57-AUG Arizona Attorney 14 (July/August, 2021) |
A trait shared by successful tribal court practitioners is their respect for tribal sovereignty. Whether working in private practice or working for a tribal government, these tribal court practitioners show their respect by knowing the tribal constitution, tribal law and tribal court procedure, and by showing awareness of tribal custom and... |
2021 |
Yes |
| Stacy Leeds , Lonnie Beard |
A WEALTH OF SOVEREIGN CHOICES: TAX IMPLICATIONS OF MCGIRT v. OKLAHOMA AND THE PROMISE OF TRIBAL ECONOMIC DEVELOPMENT |
56 Tulsa Law Review 417 (Spring, 2021) |
I. Introduction. 418 A. Overview of McGirt's Tax Implications for the Five Tribes and Oklahoma. 420 B. Possible Tax Impact for other Indigenous Nations. 422 C. Scope of This Article. 424 D. Summary of Technical Tax Issues Arising from McGirt. 424 II. States, Local Governments, and Tribes as Taxing Sovereigns. 424 A. An Overview. 424 B. Territorial... |
2021 |
Yes |
| Nicholas J. Diamond, Kabir A.N. Duggal |
ADDING NEW INGREDIENTS TO AN OLD RECIPE: DO ISDS REFORMS AND NEW INVESTMENT TREATIES SUPPORT HUMAN RIGHTS? |
53 Case Western Reserve Journal of International Law 117 (Spring, 2021) |
The investor-State dispute settlement (ISDS) system has been undergoing significant change along two fronts. First, multi-stakeholder efforts, primarily led by States via the United Nations Commission on International Trade Law (UNCITRAL), have recently been considering various largely procedural reform options. Second, international investment... |
2021 |
Yes |
| Will R. Gallagher |
ALLEN v. COOPER: RAISING THE FLAG OF SOVEREIGN IMMUNITY IN THE SHIFTING SEAS OF COPYRIGHT |
80 Maryland Law Review 1221 (2021) |
The expansion of maritime trade in the mid-1600s sparked the Golden Age of Piracy, when fearless privateers plundered the high seas for fame and fortune. One of the most infamous pirates of this era, Blackbeard, left plenty of both for the history books. As traditional piracy has faded from our shores, digital piracy has largely taken its place.... |
2021 |
Yes |
| Noelani Nasser |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
2021 |
Yes |
| Scott A. Carriere, University of Calgary |
ANDREW PHILLIPS AND J.C. SHARMAN, OUTSOURCING EMPIRE: HOW COMPANY-STATES MADE THE MODERN WORLD, PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP 272. $40.99 HARDCOVER (ISBN 9780691203515). DOI:10.1017/S0738248021000055 |
39 Law and History Review 211 (February, 2021) |
Andrew Phillips and J.C. Sharman have written a brilliant exposition of Company-States--corporate entities endowed with sovereign powers that ruled vast swathes of the globe throughout the seventeenth, eighteenth, and nineteenth centuries--and the impact that they had in shaping the nature of empire and its colonial legacy. Outsourcing Empire... |
2021 |
Yes |
| Frédéric Mégret |
ARE THERE "INHERENTLY SOVEREIGN FUNCTIONS" IN INTERNATIONAL LAW? |
115 American Journal of International Law 452 (July, 2021) |
Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very... |
2021 |
Yes |
| Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankruptcy Developments Journal 325 (2021) |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
Yes |
| |
BRAZILIAN TAX AUTHORITY RULES AGAINST WITHHOLDING TAX ON CROSS-BORDER INSURANCE PREMIUMS |
32 Journal of International Taxation 06 (December, 2021) |
In Private Letter Ruling (PLR) No. 138 of 20 September 2021, the Brazilian Tax Authority provided welcome guidance as it ruled that, under the rules of the Brazil-Norway double tax treaty, withholding tax does not apply to insurance premiums paid to a Norwegianinsurance company without a permanent establishment in Brazil. A Brazilian resident... |
2021 |
Yes |
| Taylor Henshaw, Richard Kyle Paisley, Glen Hearns |
BUILDING CLIMATE CHANGE AND ECOSYSTEM-BASED FUNCTION CONSIDERATIONS INTO A MODERNIZED COLUMBIA RIVER TREATY: A COMMENTARY |
57 Idaho Law Review 151 (2021) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 151 II. THE COLUMBIA RIVER BASIN. 153 III. THE COLUMBIA RIVER TREATY. 154 IV. BUILDING CLIMATE CHANGE CONSIDERATIONS INTO THE CRT. 155 V. BUILDING ECOSYSTEM FUNCTION INTO THE CRT. 167 |
2021 |
Yes |
| Dr. Xu Qian |
CAN INFRINGEMENTS ON FREEDOM OF EXPRESSION AMOUNT TO INVESTMENT TREATIES VIOLATIONS? REFLECTIONS ON THE AL JAZEERA v. EGYPT DISPUTE |
66 Wayne Law Review 483 (Winter, 2021) |
484 I. Introduction. 485 II. The Question of the ICSID Arbitral Tribunal's Jurisdiction. 491 A. Some Potential Objections to Jurisdiction. 492 1. Criminal Issue--The Subject Matter of the Dispute (Jurisdiction Ratione Materiae). 493 a. The Dispute. 494 b. The Legal Nature of the Dispute. 494 c. The Directness of the Dispute in Relation to... |
2021 |
Yes |
| Ben Covington |
CLOSING THE TOUHY GAP: THE APA, THE FRCP, AND NONPARTY DISCOVERY AGAINST FEDERAL ADMINISTRATIVE AGENCIES |
121 Columbia Law Review 369 (March, 2021) |
In the 1951 case United States ex rel. Touhy v. Ragen, the Supreme Court determined that courts can't hold federal agency officials in contempt for refusing to comply with nonparty subpoenas if they do so pursuant to valid agency regulations. Though the Court suggested that litigants could still challenge these noncompliance decisions, it didn't... |
2021 |
Yes |
| Andrew D. Cliburn , Hillary M. Hoffmann |
COMING HOME AGAIN: TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL FOR ENDEMIC. WILDLIFE REINTRODUCTION |
12 Arizona Journal of Environmental Law & Policy 1 (Fall, 2021) |
Despite centuries of federal and state policies that have resulted in extinction or endangerment for multitudes of wildlife species with cultural, ecological, and historical significance to Indigenous nations throughout the United States, many tribes have begun to attempt wildlife reintroduction in and near Indian Country, with or without federal... |
2021 |
Yes |
| Elizabeth Pollman |
CORPORATE PERSONHOOD AND LIMITED SOVEREIGNTY |
74 Vanderbilt Law Review 1727 (November, 2021) |
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and... |
2021 |
Yes |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
Yes |
| William Crowder Gaskins, Jr. |
EXHAUSTION REQUIREMENTS AND DISPUTE RESOLUTION REFORM IN BILATERAL INVESTMENT TREATIES |
49 Georgia Journal of International and Comparative Law 371 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 373 A. Contemporary Issues in International Investment Law: The ISDS Regime. 374 B. The Rule of Local Remedies. 378 II. BITs Status Quo. 380 A. Geopolitical and Geo-Economic Forces Guiding BITs from 1994 to 2015. 380 B. Policy Interests at Stake. 382 i. Economic Protectionism. 382 ii. Legitimacy Crisis. 382... |
2021 |
Yes |
| |
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
Yes |
| |
FEDERAL INDIAN LAW--TRIBAL SOVEREIGNTY--SEVENTH CIRCUIT HOLDS THAT ONEIDA NATION REMAINS INTACT.--ONEIDA NATION v. VILLAGE OF HOBART, 968 F.3D 664 (7TH CIR. 2020) |
134 Harvard Law Review 1583 (February, 2021) |
From 1887 to 1934, Congress sought to partition collective tribal landmasses into fee simple, individually owned plots; meanwhile, it made unclaimed reservation lands available to the general public under homesteading laws and other disposal statutes. The result was the checkerboarding of Indian country, which left reservation land interspersed... |
2021 |
Yes |
| Marianne M. Jennings |
FROM THE COURTS |
49 Real Estate Law Journal 224 (Winter, 2021) |
Fee simples entered back into the high court's lingo recently, but only on the heels of a sexual assault case. Reread that first sentence because its combination of words seems unfathomably possible. The decision in McGirt v. Oklahoma is a study in land rights, criminal law, sovereignty, abandonment, assumptions, sloppy documentation, and, of... |
2021 |
Yes |
| Adam Crepelle |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
2021 |
Yes |
| Elly Kugler, Kyra Perrigo |
HUD'S COLLABORATION WITH TRIBAL NATIONS TO RESPOND TO COVID-19 |
30 Journal of Affordable Housing & Community Development Law 1 (2021) |
The U.S. Department of Housing and Urban Development (HUD) has a long-standing mandate to administer funding that it provides to federally recognized tribal nations in support of those nations' sovereignty and in recognition of the U.S. government's trust and treaty responsibilities. Many of these programs have been instrumental in assisting tribal... |
2021 |
Yes |
| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
Yes |
| Catherine Meyer |
IN RE PENNEAST PIPELINE CO.: THE THIRD CIRCUIT PROVIDES OPPORTUNITY TO STATES HOPING TO BAN PIPELINE CONSTRUCTION |
34 Tulane Environmental Law Journal 385 (Summer, 2021) |
I. Overview. 385 II. Background. 387 A. Eminent Domain. 387 B. State Sovereign Immunity. 388 C. Potential Exceptions to Eleventh Amendment Immunity. 390 III. Court's Decision. 391 IV. Analysis. 395 V. Conclusion. 398 |
2021 |
Yes |
| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
Yes |
| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
Yes |
| Barbara Zaragoza |
MILITARIZED PICNICS: A COMPARATIVE ANALYSIS OF PEACE PARKS AT THE U.S.-MEXICO AND U.S.-CANADIAN BORDERS |
51 California Western International Law Journal 457 (Spring, 2021) |
C1-2Table of Contents Introduction. 458 I. The Borderlands of the United States: Two Parks, Two Boundaries, Two Regulatory Agencies. 462 A. Peace Parks at the Borderlands. 462 1. Peace Arch Park. 464 2. Friendship Park. 467 B. The Sovereign State and the Creation of Borders. 473 1. The United States-Canadian Border. 473 2. The International... |
2021 |
Yes |
| Katherine M. Cole |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
73 Stanford Law Review 1047 (April, 2021) |
Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
2021 |
Yes |
| Ross Ballantyne |
ONCE BITTEN, TWICE SHY: THE SUPREME COURT'S MISGUIDED DOUBLING DOWN ON THE DUAL SOVEREIGNS EXCEPTION TO THE FIFTH AMENDMENT'S DOUBLE JEOPARDY CLAUSE |
26 Suffolk Journal of Trial and Appellate Advocacy 49 (2020-2021) |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life... |
2021 |
Yes |
| Angelique EagleWoman , (Wambdi A. Was'teWinyan) |
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION |
47 Mitchell Hamline Law Review 640 (April, 2021) |
I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... |
2021 |
Yes |
| Robin M. Rotman , Ashley A. Hollis , Kathleen M. Trauth |
REALIGNING THE CLEAN WATER ACT: COMPREHENSIVE TREATMENT OF NONPOINT SOURCE POLLUTION |
48 Ecology Law Quarterly 115 (2021) |
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of... |
2021 |
Yes |
| Katherine Mims Crocker |
RECONSIDERING SECTION 1983'S NONABROGATION OF SOVEREIGN IMMUNITY |
73 Florida Law Review 523 (May, 2021) |
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any person who violates federal rights. The U.S. Supreme Court has long held that person excludes states... |
2021 |
Yes |
| Elizabeth Ann Kronk Warner |
RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY |
69 University of Kansas Law Review 809 (June, 2021) |
Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... |
2021 |
Yes |
| Jamison E. Colburn |
RETHINKING THE SUPREME COURT'S INTERSTATE WATERS JURISPRUDENCE |
33 Georgetown Environmental Law Review 233 (Winter, 2021) |
C1-2Table of Contents Introduction. 233 I. Doctrinal Confluence: State Dignity, Equity, and Shared Waters. 236 A. Sovereign into Quasi-Sovereign Interests: Of Dignified Tribunals. 236 1. Dignified Tribunal: A Forum of State-State Controversies. 237 2. The Equitable Action. 241 3. Equity's Burdens. 244 B. Remedial Bootstraps: Equity Making the Law?.... |
2021 |
Yes |
| Emily N. Donahoe |
RISING SEAS AND RISING TENSIONS: ENCOURAGING MANAGED RETREAT STRATEGIES DURING THE CALM BETWEEN STORMS |
12 George Washington Journal of Energy & Environmental Law 65 (Spring, 2021) |
Millions of U.S. residents face an increasing risk of property loss due to sea level rise, repeated flooding, and climate disasters. As the ocean washes away waterfront towns, residents and government officials are faced with a difficult question: how will the nation choose to protect its most vulnerable communities from the inevitable effects of... |
2021 |
Yes |
| Alexander Schultz |
SOVEREIGN IMMUNITY AND THE TWO TIERS OF ARTICLE III |
29 George Mason Law Review 287 (Fall, 2021) |
It is time to return sovereign immunity doctrine to the Constitution's text. To that end, this Article resurrects the forgotten extension of the judicial Power to all Cases of federal question, admiralty, and ambassadorial jurisdiction, but merely to [some] Controversies between individuals and States (and five other categories of... |
2021 |
Yes |