| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Kristen Carpenter, Alexey Tsykarev |
(Indigenous) Language as a Human Right |
24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) |
The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...and religious officials initially pursued several periods of diplomacy, war, treaty negotiation, and missionary policies toward the indigenous peoples of North America. [FN94] With the adoption of the U.S. Constitution, the United States continued treaty-making, but ultimately this gave way to federal Indian removal in the 1820-1860s and then a policy of... |
2020 |
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| Jeff Todd |
A "Sense of Equity" in Environmental Justice Litigation |
44 Harvard Environmental Law Review 169 (2020) |
C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...note 9, at 1189-92; Rebecca Tsosie, Climate Change and Indigenous Peoples: Comparative Models of Sovereignty , 26 Tul. Envtl. L.J. 239, 249 (2013) [hereinafter Tsosie, Sovereignty . Molodanof & Durney, supra note 6, at 219-20.... |
2020 |
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| Ali Shan Ali Bhai |
A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases |
69 Duke Law Journal 1149 (February, 2020) |
When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial; Search Snippet: ...subject to judicial review. Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
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| Grant H. Frazier , John N. Thorpe |
A Case for Circumscribed Judicial Evaluation in the Supreme Court Confirmation Process |
33 Georgetown Journal of Legal Ethics 229 (Spring, 2020) |
In today's highly contentious judicial confirmation process, the American Bar Association--hardly a disinterested party--takes it upon itself to evaluate the qualifications of federal judicial nominees. The Senate often relies heavily on these evaluations, despite anecdotal evidence and empirical research showing strong political bias. In an effort; Search Snippet: ...21, 1789 request for the Senate's advice on a proposed Indian treaty. [FN106] This interaction is unusually well-documented, thanks in part... |
2020 |
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| Christian Pfister |
A Central Bank Digital Currency: Why? How? To What Effect? |
39 No. 6 Banking & Financial Services Policy Report Rep. 9 (June, 2020) |
A central bank digital currency (CBDC) may be defined as an element of the monetary base that is traded at par against fiat currency and reserves and that only the central bank may issue or destroy. A CBDC should also be available 24/7, may be used in peer-to-peer transactions and would circulate on digital media that are at least partially; Search Snippet: ...through the issuance of a wholesale or retail CBDC, a native European solution that can preserve the EU's full sovereignty in the area of transactions and that is independent of... |
2020 |
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| John Scrudato IV |
A Constitution Fit for a Nation: the Influence of the Law of Nations on the Virginia Plan and James Madison's Constitutional Thought |
31 Yale Journal of Law & the Humanities 169 (2020) |
C1-2Contents Introduction. 171 I. The International World of the Founders and the Significance of the Law of Nations. 172 II. Empirical Analysis of Law of Nations Mentions among the Founders. 177 III. A Curious Command of the Law of Nations. 180 IV. The Law of Nations and Madison's Proposed Constitutional Framework. 192 V. The Resurrection of; Search Snippet: ...month Randolph took office, George Rogers Clark, a former Congressional Indian Commissioner and Revolutionary War Brigadier General, joined a group of... |
2020 |
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| Jeff Todd |
A Fighting Stance in Environmental Justice Litigation |
50 Environmental Law 557 (Summer, 2020) |
The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants; Search Snippet: ...because nations like the U.S. benefit from trade and investment treaties that incentivize multinational corporations to conduct heavy manufacturing, mineral extraction... |
2020 |
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| Michael Kirby AC CMG |
A Global Constitutional Dialogue on Human Rights Challenges for the Judiciary in the 21st Century |
9 British Journal of American Legal Studies 405 (Fall, 2020) |
C1-2CONTENTS I. Keeping up With Rapidly Changing Times. 406 II. Preserving Judicial Integrity. 408 III. Protection of Human Rights. 410 IV. Globalism, Democracy and the Judiciary. 413 V. Reflection of Judicial Values. 416 VI. Technology and Transparency. 417 VII. Artificial Intelligence and the Will to Justice. 418 VIII. Global Pandemics and; Search Snippet: ...were nomadic and that the land was terra nullius, no treaty was negotiated in Australia to govern and redress the dispossession of Indigenous land and other rights. [FN42] This approach was upheld in... |
2020 |
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| Gregory E. Maggs |
A Guide and Index for Finding Evidence of the Original Meaning of the U.s. Constitution in Early State Constitutions and Declarations of Rights |
98 North Carolina Law Review 779 (May, 2020) |
When the original thirteen states declared independence from Great Britain, their former colonial charters became obsolete. Eleven states quickly addressed this situation by adopting state constitutions and, in some cases, declarations of rights to replace their charters. These state documents greatly influenced the drafting of the United States; Search Snippet: ...art. XXXIII; to license PA-C § 20 to make treaties SC-C art. XXXIII; to order quarantines MD-C art... |
2020 |
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| Gary Born, Danielle Morris, Stephanie Forrest |
A Margin of Appreciation: Appreciating its Irrelevance in International Law |
61 Harvard International Law Journal 65 (Winter, 2020) |
The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of; Search Snippet: ...2), India-Swed., July 4, 2000 ( Indian Ministry of Foreign Affairs website); Treaty Concerning the Encouragement and Reciprocal Protection of Investment art. XIV, Alb.-U.S., Nov. 1, 1995, S. Treaty Doc. No. 104-19 (1995). See also CETA, supra note... |
2020 |
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| Gabriel J. Chin |
A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens |
100 Boston University Law Review 1271 (September, 2020) |
U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially; Search Snippet: ...such. The California Constitution of 1879 granted suffrage to [e]very native male citizen of the United States and every male person... |
2020 |
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| Joseph Regalia |
A New Water Law Vista: Rooting the Public Trust Doctrine in the Courts |
108 Kentucky Law Journal L.J. 1 (2019-2020) |
C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12; Search Snippet: ...dates back much farther. See, e.g. San Carlos Apache Tribe v. Super. Ct. ex rel . Cty. of Maricopa, 972 P... |
2020 |
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| David M. Howard |
A Revised Revisionist Position in the Law of Nations Debate |
15 Duke Journal of Constitutional Law & Public Policy 53 (Spring, 2020) |
One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer--the modern position with Dean Harold Koh and Professor Carlos Vasquez to the; Search Snippet: ...and Federal Courts' Post- Kiobel Jurisprudence Guided by Australian and Indian Experiences , 29 Emory Int'l L. Rev. 119, 142 (2014) (citing... |
2020 |
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| Robert L. Glicksman |
A Tribute to George Cameron Coggins, Public Lands Maverick |
68 University of Kansas Law Review 699 (May, 2020) |
Writing a conventional tribute to George Coggins is like trying to fit a square peg into a round hole. George was not big on convention. Refreshingly irreverent is the way one of his fellow public lands scholars described him. Another called him one in a million, in a million different ways. As Professor Jim May recalled in the days following; Search Snippet: ...considerable attention to wildlife law, writing about the Migratory Bird Treaty Act, [FN113] wildlife law and Native Americans, [FN114] and wildlife protection in the national parks. [FN115... |
2020 |
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| David W. Schnare |
Academic Research Transparency and the Importance of Being Earnest |
49 Journal of Law and Education Educ. 1 (Winter, 2020) |
Public universities and their research faculty have become important participants in governmental regulatory policy making. The public often chaffs from such regulatory controls and demands that the scientific foundations of such policies be open to public examination. In the absence of quantitative information on the volume and nature of such; Search Snippet: .... Terri Hansen & Jacqueline Keeler, The NIH Is Bypassing Tribal Sovereignty to Harvest Genetic Data from Native Americans Motherboard: Tech by Vice (Dec. 21, 2018, 2:32... |
2020 |
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| Antoinette Burton |
Accounting for Colonial Legal Personhood: New Intersectional Histories from the British Empire |
38 Law and History Review 143 (February, 2020) |
As a feminist scholar of the British Empire who grew up intellectually in the 1980s, I am grateful for the ways that these articles allow us to revisit some of the keywords and critical concepts that animated histories of race, gender, conjugality, and un/lawful sex in the late nineteenth and early twentieth centuries in both metropole and colony; Search Snippet: ...significations of indigeneity were mobilized rhetorically and symbolically by British Indian subjects and by colonial authorities alike, each aspiring to assert their claims to imperial sovereignty and, in a frankly brilliant reading of the Komagata Maru' s... |
2020 |
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| Arthur G. LeFrancois |
Activist, Scholar, Administrator |
45 Oklahoma City University Law Review Rev. 5 (Fall/Winter 2020) |
All those who saw you report to me that you have undergone a tremendous transformation and have become almost angelic in nature. This worries me. For while I would like you to be a good boy and to become a good man, I should regret it if you lost your high spirits, your great energy, and even your mischievousness. When Larry Hellman was a very; Search Snippet: ...addition to establishing innocence and immigration clinics, Larry expanded our Native American Legal Resource Center (now the American Indian Law and Sovereignty Center), increased federal and state externship opportunities, and established our... |
2020 |
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| William Baude |
Adjudication Outside Article Iii |
133 Harvard Law Review 1511 (March, 2020) |
C1-2CONTENTS Introduction. 1513 I. The Puzzle of Adjudication Outside Article III. 1514 A. The Constitutional Provisions. 1514 B. The Historical Exceptions. 1515 C. The Puzzle. 1516 D. A Return to Constitutional Powers. 1519 II. The Powers of Non--Article III Tribunals. 1521 A. The Judicial Power (of Some Other Government). 1523 1. State Courts; Search Snippet: ...tribes. . Brief of Amicus Curiae National Congress of American Indians in Support of Petitioner at 26-29, United States v... |
2020 |
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| Joshua Kastenberg |
Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: the Development of Law and Shaping of Society in the Southwest |
50 New Mexico Law Review 347 (Summer, 2020) |
On January 16, 1920, the United States became a dry nation, at least as intended by the recently adopted the Eighteenth Amendment to the Constitution and its implementing legislation, the National Prohibition Act. In his comprehensive study on the national alcohol ban, Last Call the Rise and Fall of Prohibition, Daniel Okrent asks his readers:; Search Snippet: ...id. at 49 See, e.g. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice 121... |
2020 |
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| Milan Kumar |
American Indians and the Right to Vote: Why the Courts Are Not Enough |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress; Search Snippet: ...that even though the plaintiffs acquired their title from the tribe it is not a title that can be recognized by... |
2020 |
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| Erin Hogan-Freemole |
An Odd Way to Read a Preemption Statute: the Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act |
31 Colorado Natural Resources, Energy & Environmental Law Review 379 (Summer, 2020) |
C1-2Table of Contents Introduction. 380 I. The Atomic Energy Act. 382 A. The History and Structure of the Atomic Energy Act. 382 1. The Role of the Nuclear Regulatory Commission. 383 2. Uranium: Mining, Milling, and Environmental Impacts. 384 3. The Role of the States in Nuclear Regulation. 386 B. Preemption Under the Atomic Energy Act. 387 1; Search Snippet: ...processing. [FN199] It notes that natural resource management in Navajo Indian Country [FN200] is a traditional matter of paramount governmental interest and a fundamental exercise of Navajo tribal sovereignty. [FN201] While the legal status of states and tribes are... |
2020 |
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| Aaron Rappaport |
An Unappreciated Constraint on the President's Pardon Power |
52 Connecticut Law Review 271 (April, 2020) |
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the; Search Snippet: ...area, or Barataria Island. X 6/12/1830 Jackson Cherokee Indians (incorporated into treaty) X 8/6/1846 Polk Political prisoners prosecuted under Sedition... |
2020 |
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| Alana Paris |
An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes Dismantles Jury Community Conscience |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress; Search Snippet: ...community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the... |
2020 |
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| Andrew Rader |
Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming |
44 American Indian Law Review 403 (2020) |
The Crow Tribe has inhabited southern Montana and northern Wyoming for more than three centuries; Wyoming officially became a state in 1890, long after the Crow Tribe settled in the area. The Tribe's settlement encompassed what is now known as the Bighorn National Forest, which is partly located in present-day Wyoming. Various territories; Search Snippet: ...those found in Herrera [FN13] Race Horse involved the Bannock Tribe of Indians, another tribe with land in present-day Wyoming, and the Tribe's treaty with the United States. [FN14] Within this treaty, article 4 provided, in part, the following language: [B]ut they... |
2020 |
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| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized; Search Snippet: ...nations. [FN104] In comparing plenary power's extraconstitutional authority over American Indians, Bibler Coutin, Richland, and Fortin refer to the United States... |
2020 |
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| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the; Search Snippet: ...from the fear of White behavior. [FN141] The story of Native Americans' struggle to retain tribal sovereignty in the face of settler colonialism provides a helpful critical... |
2020 |
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| Oagile Bethuel Key Dingake, Najla Hasic, Tomei Peppard, Stephen Hayden |
Appointment of Judges and the Threat to Judicial Independence: Case Studies from Botswana, Swaziland, South Africa, and Kenya |
44 Southern Illinois University Law Journal 407 (Spring, 2020) |
I. BACKGROUND INFORMATION. 409 II. THE SOUTHERN AFRICAN CHIEF JUSTICES FORUM: THE LILONGWE PRINCIPLES AND GUIDELINES ON THE SELECTION AND APPOINTMENT OF JUDICIAL OFFICERS.. 412 A. The Commonwealth Context: the 2003 Latimer House Principles. 414 B. Latimer House Principle IV: Independence of the Judiciary. 415 C. The Role of a Judicial Appointments; Search Snippet: ...theories of judicial selection in various democracies). . Tom Tso, Indian Nations and the Human Right to an Independent Judiciary , 3 N.Y. City L. Rev. 105, 111 (1998) (noting international treaties that call for judicial independence to ensure fair proceedings: the... |
2020 |
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Argentine Congress Approves Bill Establishing New Tax Settlement Plan |
31 Journal of International Taxation 06 (November, 2020) |
On 13 August 2020, Argentina's Congress approved a bill that would establish a new tax settlement plan for individuals and companies doing business in Argentina. The bill will be enacted once it is published in the Official Gazette. Taxpayersshould continue to monitor the release of further regulations by the Executive Power and the tax; Search Snippet: ...of the Indian tax authorities. Therefore, in cases where the Indian taxpayer receivesan order from the ITAT with respect to the... |
2020 |
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| Asli Ü. Bâli |
Artificial States and the Remapping of the Middle East |
53 Vanderbilt Journal of Transnational Law 405 (March, 2020) |
This Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More; Search Snippet: ...in the struggle against the British following the 1920 Sèvres treaty and describing how Turkish military leaders exploited resentment of the British among Kurdish tribes to launch a Kurdish revolt against the British as part... |
2020 |
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| Charles A. Lyons |
Asian Carp, the Chicago Area Water System, and Aquatic Invasive Species Management in the Great Lakes |
26 Hastings Environmental Law Journal 223 (Summer, 2020) |
Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it; Search Snippet: ...taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law. [FN59] Thus, the Lacey Act operates under a... |
2020 |
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| Margaret Joan Beazley |
Australia's Legal History and Colonial Legacy |
48 International Journal of Legal Information Info. 6 (Spring, 2020) |
I acknowledge the Gadigal of the Eora Nation, the traditional owners of the land on which we gather. I pay my respects to their Elders, past, present, and emerging and especially welcome Aboriginal people here with us today. On February 7, 1788, on a place called Camp Cove in Port Jackson--recognizable to our international visitors as the land mass; Search Snippet: ...e.g., conference presentations including: Thalia Anthony, Colonial Legal Histories and Indigenous Sovereignty ; Terri Janke, Protecting Indigenous Cultural Property. . Captain Watkin Tench, A Narrative of the... |
2020 |
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| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it; Search Snippet: ...for U.S. citizenship following the annexation of Texas and the Treaty of Guadalupe Hidalgo); David Montejano, Anglos and Mexicans in the... |
2020 |
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| Lin Feng, Guy Charlton |
Balancing Biodiversity and Natural Resource Protection Objective with Ethnic Minority Autonomy: a Chinese Model |
43 Fordham International Law Journal 561 (February, 2020) |
I. INTRODUCTION. 562 II. ETHNIC MINORITY GROUPS, NATURAL RESOURCE CONSERVATION, AND THE PROTECTION OF BIODIVERSITY. 566 III. NATIONAL AND LOCAL LEGISLATION, POLICIES, AND PRACTICES ON BIODIVERSITY CONSERVATION. 571 A. National Legislation and Policy on Biodiversity Conservation. 573 B. Regional and Local Legislation, Policy and Practice on; Search Snippet: ...aspects. Firstly, the hunting and gathering practices of ethnic minority/ indigenous groups in other jurisdictions have been recognized as part of... |
2020 |
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| Stephanie Ben-Ishai |
Bankruptcy for Cannabis Companies: Canada's Newest Export? |
27 University of Miami International and Comparative Law Review 229 (Spring, 2020) |
I. Introduction. 229 II. Business Risks in Entering the Legal Cannabis Market:. 231 a. Oversaturation. 231 b. Regulatory Requirements & License Suspensions. 233 c. Litigation Risk. 236 d. Licensing. 239 III. Capital Markets Acceptance. 240 IV. Insolvency Processes and Challenges. 243 a. Overview. 243 b. Provincial Legislation. 244 c. Cannabis on; Search Snippet: ...consultation with First Nations communities and the increasing recognition of Indigenous sovereignty, the Senate Committee on Aboriginal Peoples recommended that the bill's... |
2020 |
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| Katie L. Gojevic |
Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...both those opposed to ICWA and those who argued against Native American sovereignty in general, began to file lawsuits arguing that ICWA as... |
2020 |
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| Lorenzo Cotula |
Between Hope and Critique: Human Rights, Social Justice and Re-imagining International Law from the Bottom up |
48 Georgia Journal of International and Comparative Law 473 (Winter, 2020) |
C1-3Table of Contents I. Introduction. 475 II. Human Rights and Social Justice: Anatomy of the Critique--and of Its Limits. 478 A. On Social Justice. 478 B. The Critique in Outline. 479 C. Human Rights in 3D. 482 D. Social Movements and Human Rights: Reactive and Constitutive Strategies. 484 III. Human Rights in Reactive Mode: The Right to; Search Snippet: ...affirmation of the right to properly in regional human rights treaties that, from a pragmatic viewpoint, made this right a relevant normative reference for indigenous peoples' strategies to protect their claims to land and resources... |
2020 |
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| Angela E. Washington |
Booming Impacts: Analyzing Bureau of Land Management Authority in Oil and Gas Leasing amid the Missing and Murdered Indigenous Women's Crisis |
72 Administrative Law Review 719 (Fall, 2020) |
L1-2Introduction . L3720 I. Charging Toward a Dim Future: The Energy Dominance Campaign Compromises Safety to Native Women. 723 A. Extractive Industries and the Marginalization of Native Women. 723 B. A Tale of Two Agendas. 728 1. The Trump Administration's Energy and Economic Instigation Priorities. 728 2. Political Will to Address the Missing and; Search Snippet: ...and the courts have grappled with the meaning of the tribes' relationships to the federal government as it relates to land ownership and sovereignty. [FN48] Despite conflicting interpretations, three principles reflect why this is... |
2020 |
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| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various; Search Snippet: ...fractured with time. Particularly in respect to the issue of native sovereignty and land rights, there are activists who are critical of... |
2020 |
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| D. A. Agyei |
Bridging the International Gap in the Protection of Folklore: Analysis of the Ghanaian Approach Against Comparative Experiences from Selected African Countries |
28 Texas Intellectual Property Law Journal 393 (2020) |
I am deeply thankful to the University of Michigan African Presidential Scholar program, the African Studies Center and the SJD and Research scholars of the University of Michigan for their support and help thorough this research. I am also grateful to Professor Jessica Litman of the University of Michigan for her valuable comments on this article; Search Snippet: ...also Rosemary J. Coombe, Intellectual Property Human Property, Human Rights & Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity , 6 . Ind. J. Global... |
2020 |
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| Kathryn Kisska-Schulze , Corey Ciocchetti , Ralph Flick |
Case Baiting |
57 American Business Law Journal 321 (Summer, 2020) |
In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law; Search Snippet: ...that a Washington state fuel tax imposed upon a particular Native American tribe violated an 1855 treaty between the two parties). Although some of the cases in... |
2020 |
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Case Summaries |
50 Environmental Law 773 (Summer, 2020) |
The Pacific Coast Federation of Fishermen's Association, along with recreationists, biologists, and conservation organizations (collectively, Association), filed a citizens suit against the United States Bureau of Reclamation and the San Luis & Delta Mendota Water Authority (collectively, defendants), alleging that a drainage system managed by the; Search Snippet: ...Isaac Stevens, then Governor of the Washington Territory, negotiated eleven treaties with tribes in the area that would become Washington State. [FN145] In... |
2020 |
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| Deepa Das Acevedo, University of Alabama School of Law |
Changing the Subject of Sati |
43 PoLAR: Political and Legal Anthropology Review 37 (May, 2020) |
Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae--her sari, her demeanor--and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of; Search Snippet: ...rights do the conventionally liberal-democratic work of affirming citizen sovereignty by limiting state action (Das Acevedo 2016, 556-57), others commit the state to actively reshaping how Indians treat one another (Austin [1999] 2008, 50). Article 15(2... |
2020 |
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Chapter Four Aloha 'Ina: Native Hawaiian Land Restitution |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more; Search Snippet: ...equity, because it was obtained under duress. [FN52] Finally, despite Native Hawaiians' petitions in opposition, [FN53] President McKinley signed the Newlands... |
2020 |
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| Symeon C. Symeonides |
Choice of Law in the American Courts in 2019: Thirty-third Annual Survey |
68 American Journal of Comparative Law 235 (Summer, 2020) |
C1-2Table of Contents Introduction. 236 I. Supreme Court Decisions. 238 A. State Sovereign Immunity. 238 B. International Organization Immunity. 240 C. Other Supreme Court Cases. 241 II. Extraterritorial Reach of Federal Statutes. 242 A. Securities Acts. 243 B. Commodity Exchange Act. 244 C. Bankruptcy Code. 245 D. RICO. 246 E. Torture Victim; Search Snippet: ...the Federal Arbitration Act, [FN31] two cases involved interpretation of treaties with Indian tribes, [FN32] five cases involved interpretation of federal statutes or delineation... |
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| Ottavio Quirico |
Climate Change, Regionalism, and Universalism: Elegy for the Arctic and the Antarctic? |
35 American University International Law Review 487 (2020) |
I. INTRODUCTION. 488 II. A LAND MASS SURROUNDED BY WATER: THE ANTARCTIC CIRCLE. 491 A. Frozen Customary Sovereign Claims. 491 B. The Potential of Climate Change to Unlock Sovereignty. 496 III. AN OCEAN SURROUNDED BY LAND: THE ARCTIC CIRCLE. 501 A. Effective Sovereign Claims under the Law of the Sea. 501 B. Expanding Sovereignty as a Consequence; Search Snippet: ...sovereign control). See Jessica Shadian, The Politics of Arctic Sovereignty: Oil, Ice and Inuit Governance , 187-88 (2014) (describing how the Arctic Council has failed to include traditional indigenous knowledge about climate change); see also Sheila Watt-Cloutier, The... |
2020 |
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