| Author | Title | Citation | Summary | Year | Key Terms |
| Claire Charters |
THE SWEET SPOT BETWEEN FORMALISM AND FAIRNESS: INDIGENOUS PEOPLES' CONTRIBUTION TO INTERNATIONAL LAW |
115 AJIL Unbound 123 (2021) |
Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more... |
2021 |
|
| Adam Crepelle |
THE TRIBAL PER CAPITA PAYMENT CONUNDRUM: GOVERNANCE, CULTURE, AND INCENTIVES |
56 Gonzaga Law Review 483 (2020/2021) |
C1-3Table of Contents L1-2Introduction . L3484 I. Socioeconomic Data. 487 II. History of Tribal Per Capita Payments. 489 III. Rules Governing Tribal Casino Per Capita Payments. 493 IV. Positive Effects of Per Capita Payments. 495 V. Possible Problems with Per Capita Payments. 498 A. Per Capita Payments and Governance. 498 1. Public Choice and Free... |
2021 |
|
| Alex Tallchief Skibine |
THE TRIBAL RIGHT TO EXCLUDE OTHERS FROM INDIAN-OWNED LANDS |
45 American Indian Law Review 261 (2021) |
In May 2020, two Indian tribes in South Dakota--the Cheyenne River Sioux and Oglala Sioux Tribes--established health safety checkpoints on state and federal roads accessing the entrance to their reservations, invoking the dangers caused by COVID-19. The South Dakota Governor threatened immediate legal action, arguing that such roadblocks could only... |
2021 |
|
| Heinz Klug |
THE UNIVERSITY OF WISCONSIN LAW SCHOOL ON CONSTITUTIONALISM AND DEMOCRACY |
2021 Wisconsin Law Review 465 (2021) |
While the University of Wisconsin (UW) Law School and its faculty are recognized as having a long tradition of law and society scholarship, it is only over the last decade that its contributions to debates over both domestic and international constitutionalism and democracy have gained increasing recognition. Whether in democratization,... |
2021 |
|
| Ann E. Tweedy |
THE VALIDITY OF TRIBAL CHECKPOINTS IN SOUTH DAKOTA TO CURB THE SPREAD OF COVID-19 |
2021 University of Chicago Legal Forum 233 (2021) |
This Article examines the question of whether, during a public health emergency, tribes located in a state that has adopted minimal protections to curb a pandemic may enact stronger protections for their own citizens and territories. Specifically, may they do so, even when enforcement of the tribes' protections causes inconvenience to those simply... |
2021 |
|
| Joseph Austin |
THE WORDS OF THE TALKING GOD |
57-AUG Arizona Attorney 30 (July/August, 2021) |
Over the years, I have presented at numerous conferences, workshops and law school classes, teaching students and practitioners about federal Indian Law and tribal law. One of the challenges of teaching tribal law is convincing folks that Native people always had the rule of law. The rule of law was not given to Native people and neither was... |
2021 |
|
| Melissa Tehee , Royleen J. Ross , Charlotte McCloskey , Iva GreyWolf , Assistant Professor of Psychology, Director of the American Indian Support Project, Utah State University, Secretary, Society of Indian Psychologists, Leadership Development Institute |
TRAUMA-INFORMED, CULTURALLY RELEVANT PSYCHOLOGICAL RESPONSES IN CASES OF MISSING OR MURDERED INDIGENOUS PEOPLES |
69 Department of Justice Journal of Federal Law and Practice 251 (March, 2021) |
Linking back to the constant onslaught on Native land and therefore Native bodies, MMIWG2 (Missing and Murdered Indigenous Women and Girls and Two Spirit People) scholars underscore the connections between the violence experienced by Indigenous women to the continued subjugation of such bodies by the colonial state. Missing or Murdered Indigenous... |
2021 |
|
| Sara A. Clark |
TRIBES LOOK TO EXPAND CULTURAL BURNING TO RESTORE TRADITIONAL PRACTICES AND ADDRESS CATASTROPHIC WILDFIRE THREATS |
53 ABA Trends 7 (September/October, 2021) |
People indigenous to California have proactively ignited the landscape to manage plants and wildlife, provide community protection, control insects and disease, and engage in cultural and religious practices since time immemorial. Experts estimate that before 1800, between 4.5 million and 12 million acres of the state burned annually, through some... |
2021 |
|
| Joshua Matz |
TRIBE'S TRAJECTORY & LGBTQ RIGHTS |
88 University of Chicago Law Review 1733 (November, 2021) |
I'm not sure I'll ever live it down. I actually said--out loud, to his face, a full ten minutes into our very first conversation--Holy smokes, you're Larry Tribe! I was in Cambridge that day as a newly admitted student. Somehow, inexplicably (it's not that big of a campus), I got lost. Very lost. Fortunately, a passerby professor took mercy and... |
2021 |
|
| Sam Erman |
TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 |
130 Yale Law Journal 1188 (March, 2021) |
In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... |
2021 |
|
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
|
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
|
| Gregory Ablavsky |
TWO FEDERALIST CONSTITUTIONS OF EMPIRE |
89 Fordham Law Review 1677 (April, 2021) |
Over the past few years, I have written a series of articles and a book on the legal history of the United States in the 1780s and 1790s, focusing particularly on federal governance. This research took me into many Federalists' writings; alongside the works of well-known figures, like George Washington and Alexander Hamilton, I read the papers of... |
2021 |
|
| Mikaela Koski |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
126 Penn State Law Review 275 (Fall, 2021) |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
2021 |
|
| Kamaile A.N. Turc̆an |
U.S. PROPERTY LAW: A REVISED VIEW |
45 William and Mary Environmental Law and Policy Review 319 (Winter, 2021) |
The individual's sole dominion over a parcel of land--to the exclusion of others in the community or the public at large--is a myth, despite the prevalence of this view in conventional U.S. property law. In practice, the rights and obligations in any one parcel of land is a mixture of individual, community, and public interests coexisting in that... |
2021 |
|
| |
U.S. SUPREME COURT UPDATE |
31-AUG Journal of Multistate Taxation and Incentives 34 (August, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Chelsea Reinhardt for her contributions to the article. In California v. Texas (Docket No. 19-840), the Supreme Court ruled that Texas and 17 other states, plus two individual plaintiffs, lack standing to question the constitutionality... |
2021 |
|
| |
U.S. SUPREME COURT UPDATE |
31-JUN Journal of Multistate Taxation and Incentives 33 (June, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittelman, an associate at Hodgson Russ LLP, for his contributions to this month's article. Seneca County, New York, filed a petition for writ of certiorari (Docket No. 19-0032) challenging the Second Circuit's ruling that tribal... |
2021 |
|
| Tara Righetti , Robert B. Keiter , Jason Robison , Temple Stoellinger , Sam Kalen |
UNBECOMING ADVERSARIES: NATURAL RESOURCES FEDERALISM IN WYOMING |
21 Wyoming Law Review 289 (2021) |
C1-2Table of Contents I. Introduction. 290 II. Public Lands. 293 A. Preserved Lands: Parks, Monuments, & Wilderness. 294 1. National Parks. 294 a. Yellowstone. 294 b. Grand Teton. 296 2. Wilderness. 298 3. Bear Lodge (Devils Tower) National Monument. 300 4. Refuges & Rivers. 302 B. Multiple Use Lands. 303 1. National Forests. 303 2. BLM Lands.... |
2021 |
|
| Curtis A. Bradley, Ernest A. Young |
UNPACKING THIRD-PARTY STANDING |
131 Yale Law Journal 1 (October, 2021) |
Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test... |
2021 |
|
| Sherally Munshi |
UNSETTLING THE BORDER |
67 UCLA Law Review 1720 (April, 2021) |
When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... |
2021 |
|
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
|
| |
VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
|
| Michele L. Stewart , Tiffany Mow , Sharon Vandever , Savannah Joe , Corrine Oqua Pi Povi Sanchez , Kathy Howkumi , Paula Bosh , Robyn Simmons , Victim Specialist, Federal Bureau of Investigation, Salt Lake City Division--Billings, Montana Resident Agency, |
VICTIM SERVICES FOR NATIVE FAMILIES WITH MISSING LOVED ONES |
69 Department of Justice Journal of Federal Law and Practice 27 (March, 2021) |
Ambiguous loss describes the unknown circumstances and resulting anxiety that families may experience after the disappearance of a loved one. They do not know if their family member is alive, safe, sick, hurt, in danger, or ever coming home. In long-term cases, there is often no return home, no funeral, and no memorial. This kind of loss may also... |
2021 |
|
| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
2021 |
|
| Will Hyland |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
2021 |
|
| Renalia Du Bose |
VOTER SUPPRESSION: A RECENT PHENOMENON OR AN AMERICAN LEGACY? |
50 University of Baltimore Law Review 245 (Spring, 2021) |
I. RECENT EXAMPLES OF STATE-LEVEL VOTER SUPPRESSION. 246 II. SETTING THE STAGE. 252 III. HISTORY OF VOTING RIGHTS IN THE UNITED STATES. 255 A. The Early Years of the New Nation. 255 B. The Civil War. 260 C. Women's Suffrage. 263 D. The Indian Citizenship Act of 1924. 270 E. The Civil Rights Act of 1964 and the Voting Rights Act of 1965. 272 F.... |
2021 |
|
| Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
44-FEB Wyoming Lawyer 16 (February, 2021) |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
2021 |
|
| Jeffrey M. Hirsch |
WAR POWERS ABROGATION |
89 George Washington Law Review 593 (May, 2021) |
The United States' peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers' duties also interfere with... |
2021 |
|
| Dana Zartner, JD, LLM, Ph.D. |
WATCHING WHANGANUI & THE LESSONS OF LAKE ERIE: EFFECTIVE REALIZATION OF RIGHTS OF NATURE LAWS |
22 Vermont Journal of Environmental Law 1 (Spring, 2021) |
The rights of nature movement has become a hot topic among environmental lawyers and the number of communities around the world that have recognized some version of rights of nature or legal personhood for nature has grown rapidly over the past decade. Whether the result of constitutional amendments like in Ecuador, legislation in New Zealand and... |
2021 |
|
| Jennifer J. Seely |
WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE |
96 Washington Law Review 729 (June, 2021) |
Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... |
2021 |
|
| Kaighn Smith Jr. |
WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS |
68-APR Federal Lawyer 8 (March/April, 2021) |
Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the... |
2021 |
|
| Guillermo J. Garcia Sanchez |
WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS |
51 Seton Hall Law Review 1121 (2021) |
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that... |
2021 |
|
| Paul Figueroa |
WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL |
46 Brigham Young University Law Review 979 (2021) |
Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols.... |
2021 |
|
| Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin |
WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY |
36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021) |
INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil... |
2021 |
|
| Jessica Intermill |
WHEN THE PUBLIC INTEREST ISN'T |
78-JUN Bench and Bar of Minnesota 22 (May/June, 2021) |
On a spring morning in 2018, Minnesota Public Utilities Commissioner Katie Sieben began reading a prepared statement. There is no good outcome, she said, where I can sleep easy at night knowing I made the right decision with the facts available. She spoke to a crowd that filled the St. Paul conference room and spilled into hallways and... |
2021 |
|
| Adam Crepelle |
WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT |
54 University of Michigan Journal of Law Reform 563 (Spring, 2021) |
American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... |
2021 |
|
| Craig Green |
WHO WERE THE REAL FOUNDERS? FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES BY GREGORY ABLAVSKY. NEW YORK: OXFORD UNIVERSITY PRESS, 2021. PP. 360. $39.95 |
121 Columbia Law Review 2269 (November, 2021) |
Gregory Ablavsky's Federal Ground explains how the national government and American law were transformed in the federal territories that compose modern Ohio and Tennessee. Ablavsky's careful research and fresh perspective will make his work a vital reference for historians, but this Book Review also highlights the book's significance for legal... |
2021 |
|
| Brigid Sawyer |
WHOSE HIGHEST AND BEST? INCLUDING ECONOMIC DEVELOPMENT AND INDIVIDUAL LANDOWNERSHIP IN THE HIGHEST AND BEST USE STANDARD |
70 Catholic University Law Review 289 (Spring, 2021) |
In a bleak and fitting analysis of American culture, Chief Sitting Bull of the Hunkpapa Lakota tribe stated, The love of possessions is a disease in [Americans] .. They claim this mother of ours, the earth, for their own use, and fence their neighbor away . If America had been twice the size it is, there still would not have been enough. While... |
2021 |
|
| Eleanor Marie Lawrence Brown |
WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING |
61 American Journal of Legal History 3 (March, 2021) |
Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... |
2021 |
|
| Natsu Taylor Saito |
WHY XENOPHOBIA? |
31 Berkeley La Raza Law Journal 1 (2021) |
Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... |
2021 |
|
| Elizabeth Stephani |
WIND RIVER DUMPS: TRASH TO TREASURE |
21 Wyoming Law Review 163 (2021) |
I. Introduction. 164 II. An Overview of Municipal Solid Waste Management in America. 167 A. Historical Background on Waste Management in the United States. 168 B. The Regionalization of Waste Facilities in America. 171 III. Solid Waste Management in Wyoming. 173 A. Local Approaches to Waste Management in Wyoming. 175 B. Waste Regionalization in... |
2021 |
|
| Eric Rolston , Polina Noskova |
WINNER, BEST APPELLATE BRIEF IN THE 2021 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
45 American Indian Law Review 409 (2021) |
I. Whether the Treaty with the Wendat abrogated the Treaty of Wauseon and/or the Maumee Allotment Act of 1908 diminished the Maumee Reservation. If so, whether the Wendat Allotment Act (1892) also diminished the Wendat Reservation or if the Topanga Cession is outside of Indian Country. II. Assuming the Topanga Cession is still in Indian Country,... |
2021 |
|
| Mary Sarah Bilder |
WITHOUT DOORS: NATIVE NATIONS AND THE CONVENTION |
89 Fordham Law Review 1707 (April, 2021) |
Wednesday last arrived in this city, from the Cherokee nation, Mr. Alexander Droomgoole, with Sconetoyah, a War Captain, and son to one of the principal Chiefs of that nation. They will leave this place in a few days, for New-York, to represent to Congress some grievances, and to demand an observance of the Treaty of Hopewell, on the Keowee, which... |
2021 |
|
| James Thuo Gathii |
WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER |
67 UCLA Law Review 1610 (April, 2021) |
This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... |
2021 |
|
| Jordan Ramharter |
A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School... |
2020 |
Yes |
| Christopher Mark Macneill |
A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims |
35 Journal of Environmental Law & Litigation 227 (2020) |
Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... |
2020 |
Yes |
| Amit Kumar Sinha |
An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties |
45 Brooklyn Journal of International Law 679 (2020) |
Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... |
2020 |
Yes |
| Sabina Veneziano |
An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes |
55 University of San Francisco Law Review 31 (2020) |
TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... |
2020 |
Yes |
| Monte Mills |
Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights |
50 Environmental Law 387 (Spring, 2020) |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... |
2020 |
Yes |
| Christopher R. Rossi |
Blood, Water, and the Indus Waters Treaty |
29 Minnesota Journal of International Law 103 (Summer, 2020) |
The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... |
2020 |
Yes |