| Author | Title | Citation | Summary | Year | Key Terms |
| Chandler Farnworth |
Herrera V. Wyoming: the Supreme Court's Most Recent Attempt to Balance Tribal Rights, State Power, and Conservation Efforts |
33 Tulane Environmental Law Journal 195 (Summer, 2020) |
I. Overview. 195 II. Background. 197 III. Court's Decision. 199 IV. Analysis. 203 V. Conclusion. 205; Search Snippet: ...more than three hundred years. [FN1] Increased conflict with non- Indian settlers led the Tribe to enter into treaties with the United States in the nineteenth century. [FN2] Under the Second Treaty of Fort Laramie, the Crow Tribe ceded over 30 million acres of territory in modern Wyoming... |
2020 |
|
| Charles Wilkinson |
Honoring Sally Jewell |
91 University of Colorado Law Review 743 (Spring, 2020) |
John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, has said in a reflective moment that the Solicitor has two duties: respect the institution and respect the people. And so it is for the Secretary, the highest officer of the Interior Department. Trustee for the tribes. Trustee for the rivers and the wildlife; Search Snippet: ...on what she described as fulfilling our sacred trust and treaty obligations to tribes. From her first major address through the present, she has... |
2020 |
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| Ian Falefuafua Tapu |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...Canons of Construction. The Canons became a powerful tool in treaty and statutory construction, providing that (1) the courts must interpret laws liberally and construe ambiguities in favor of tribes and (2) congressional intent must be clear if tribal rights and sovereignty are to be impinged in any way. In tracing the... |
2020 |
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| Aziz Rana |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
130 Yale Law Journal Forum 312 (November 2, 2020) |
Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...have been the heart of independent movements abroad--from sharing sovereignty with Native peoples and land return to reparations, systematic wealth redistribution, structural... |
2020 |
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| William E. Butler , Dickinson Law, Pennsylvania State University, Member of the District of Columbia Bar |
Hugh Henry Brackenridge: Legal Polymath |
91 Pennsylvania Bar Association Quarterly 39 (January, 2020) |
C1-2TABLE OF CONTENTS I. BIOGRAPHICAL NOTES. 39 II. MODERN CHIVALRY. 44 III. LAW MISCELLANIES: PENNSYLVANIA BLACKSTONE AND OTHER LEGAL WRITINGS. 49 IV. CONCLUSION. 51; Search Snippet: ...with respect to Modern Chivalry: While Brackenridge was suspicious of Indian treaties and promises, he recognized the tragedy the whites had wrought on Indian civilizations. Elliott, note 12 above, at 200. See H... |
2020 |
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| Katherine Rollins |
If You Can't Beat 'Em, Reform 'Em: Expanding Oversight of Privately-operated Immigrant Detention Centers |
46 Mitchell Hamline Law Review 924 (July, 2020) |
I. Introduction. 924 II. Background and History. 925 A. The History of Immigrant Detention. 926 1. Ellis Island. 926 2. Angel Island. 928 3. The Switch from Parole to Detention. 930 a. Haitian and Cuban Migration and the Federal Government's Solution. 931 b. The Cold War by Proxy and Resulting Migration. 933 c. The War on Drugs. 934; Search Snippet: ...into the United States unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the Continent of Asia or who are natives of any country, province, or dependency situate on the Continent... |
2020 |
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| John R. Jacus |
In Brief |
51 No. 4 ABA Trends 17 (March/April, 2020) |
Plymouth Village Water & Sewer District v. Scott, No. 217-2019-CV-00650, 2019 N.H. Super. LEXIS 18 (N.H. Super. Ct., Nov. 26, 2019). The New Hampshire Superior Court enjoined the New Hampshire Department of Environmental Services' (DES) new standards for per- and polyfluoroalkyl substances (PFAS) in drinking water, finding that the plaintiffs'; Search Snippet: ...panel affirmed the lower court decision , holding that the Klamath Tribes and other tribes with treaty fishing rights had priority over plaintiff-appellant farmers for water... |
2020 |
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| Richard Awopetu |
In Defense of Culture: Protecting Traditional Cultural Expressions in Intellectual Property |
69 Emory Law Journal 745 (2020) |
From Hakuna Matata to Bula to Dia de los Muertos, federal trademark registrations by commercial entities seeking to profit from rising interest in the traditions of indigenous peoples and local communities is commonplace. This issue is only a small part of a much broader issue around indigenous peoples' traditional knowledge and traditional; Search Snippet: ...tribal-insignia (last visited Aug. 11, 2019). . Trademark Law Treaty Implementation Act, Pub. L. No. 105-330, § 302, 112... |
2020 |
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| Steph Tai |
In Fairness to Future Generations of Eaters |
32 Georgetown Environmental Law Review 515 (Spring, 2020) |
Climate change threatens the supply and quality of traditional foods. To respond to this threat, this essay applies Professor Edith Brown Weiss's principles of intergenerational equity to support a call for the protection of food heritage for future generations. The essay surveys some available international instruments but concludes that gaps; Search Snippet: ...provide a few preliminary suggestions, drawing from the experiences of indigenous food sovereignty advocates, who have been at the forefront of addressing intergenerational... |
2020 |
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| Jessica Serrano |
In Furtherance of National Interest or a Pirate's Blockade?: the Effect of the Trade War on the U.s. Steel, Aluminum, and Solar Industries |
31 Colorado Natural Resources, Energy & Environmental Law Review 417 (Summer, 2020) |
Much like a pirate blockade, trade wars and tariffs slow commerce and can hurt certain industries. The current United States trade war with China has created economic stressors in the steel, aluminum, and solar industries. This Note will examine the history of tariffs in the United States and the powers of the president to shape the economic future; Search Snippet: .... Ileana M. Porras, Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius De lure Praedae - The... |
2020 |
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| |
In Memoriam |
80-JUL Oregon State Bar Bulletin 52 (July, 2020) |
Dennis Charles Karnopp passed away peacefully on March 9, 2020. Karnopp was born in Lincoln, Nebraska, to Gertrude and Merle Karnopp. He had the unique experience of growing up in the Lancaster County Jail, where his father was first the deputy county sheriff and later county sheriff. At 16, he went to the Skyline Ranch for Boys in Colorado, which; Search Snippet: ...the landmark United States v. Oregon case, which defended the tribe's treaty-reserved fishing rights and associated cultural identity. Throughout his long... |
2020 |
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| Kaylin Hawkins |
Inadmissible as a Public Charge: Adjudicating the Trump Administration's War on Legal Immigration |
93 Temple Law Review 181 (Fall, 2020) |
Isabel Martinez emigrated to the United States the right way. While she has yet to be naturalized as an American citizen, Isabel has been in the United States since she was two years old, when her family moved from Michoácan, Mexico. She lives legally in California on a temporary work visa, but she ultimately hopes to apply for lawful permanent; Search Snippet: ...140-41 (2014). . Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
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| Margaret Schaff , Cheryl Lohman |
Indian Allottee Water Rights: a Case Study of Allotments on the Former Malheur Indian Reservation |
31 Colorado Natural Resources, Energy & Environmental Law Review 147 (Winter, 2020) |
C1-2Table of Contents Introduction. 147 I. Indian Water Rights. 148 II. Allotment Water Rights. 151 III. Public Domain Allotments. 153 IV. The Malheur Public Domain Allotments. 156 Conclusion. 163; Search Snippet: ...the reservation. [FN10] Therefore, a review of all applicable statutes, treaties, and sources of congressional purpose found in legislative history for... |
2020 |
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| Matthew L.M. Fletcher |
Indian Lives Matter: Pandemics and Inherent Tribal Powers |
73 Stanford Law Review Online 38 (June, 2020) |
American Indian people know all too well the impact of pandemics on human populations, having barely survived smallpox outbreaks and other diseases transmitted during the generations of early contact between themselves and Europeans. Indian people also suffered disproportionately from the last pandemic to hit the United States about a century ago; Search Snippet: ...century of the existence of the United States, hundreds of Indian tribes negotiated treaties and other agreements with the federal government designed to guarantee... |
2020 |
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| Catherine Schluter |
Indian Reserved Rights to Groundwater: Victory for Tribes, for Now |
32 Georgetown Environmental Law Review 729 (Summer, 2020) |
Many Indian tribes in the United States have a federally reserved right to water to support their reservations and way of life, as recognized in Winters v. United States. However, the Winters doctrine does not explicitly recognize a reserved right to groundwater. Three states--Wyoming, Arizona, and Montana--faced the question of whether to extend; Search Snippet: ...Tribes' right to water for quantification purposes. [FN15] The 1869 treaty establishing the Wind River Reservation implicitly reserved water rights for the Tribes for agricultural purposes, including livestock and domestic or municipal purposes... |
2020 |
|
| Lauren van Schilfgaarde |
Indigenizing Professional Responsibility |
59 No. 2 Judges' Journal J. 6 (Spring, 2020) |
The regulation of attorney practice, including the ability to discipline, is considered an inherent power of the judiciary. Tribal Courts, like federal and state courts, inherently possess this power. But while nearly all 50 states have adopted identical ethical obligations for their advocates, these rules, and the societal values underlying them,; Search Snippet: ...and state courts, but they remain Tribal. Through Tribal Courts, Tribes have established beacons of sovereignty and service. They are mechanisms through which Tribes build distinct... |
2020 |
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| Kylie M. Allen |
Indigenous Nuclear Injuries and the Radiation Exposure Compensation Act (Reca): Reframing Compensation Toward Indigenous-led Environmental Reparations |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been; Search Snippet: ...importantly, the United States should defer to the leadership of Indigenous Peoples and the sovereignty of Indigenous Nations, recognizing that the scope of Indigenous self-determination encompasses determining the frameworks of nuclear redress as... |
2020 |
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| Ruslan Garipov |
Indigenous Peoples' Rights in Russian North: Main Challenges and Prospects for Future Development |
23 No. 1 Human Rights Brief 32 (Spring, 2020) |
Beginning with the Alaska colonization period by Russians (1732-1867) and the exploration of California (Fort Ross in Northern California, 1812-1841), American Indian's culture became popular in Russia and was reflected in Russian art and literature. In 1872, Duke Alexey Alexandrovich Romanov visited America, where he hunted buffalos in the West; Search Snippet: ...be the main reason for the limited international awareness about indigenous communities in Russia, [FN12] and the situation has changed partly due to the monitoring process of human rights treaties and partly due to the growing number and increased activities... |
2020 |
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| Michalyn Steele |
Indigenous Resilience |
62 Arizona Law Review 305 (Summer, 2020) |
The story of federal Indian law is the story of Indian tribal survival in the face of perpetual challenges to their legal and cultural existence, both in law and policy. These assaults have come from every quarter: federal, state, and private actors, as well as from the judicial, legislative, and executive branches. Tribes have often lost key; Search Snippet: ...founding era. Those responsible for the earliest formulations of American Indian policy, and so many subsequent policymakers, had every expectation that the so-called Indian Problem would go away as the Indian people, their tribal organizations, and their claims to sovereignty were decimated by disease, disbanded after displacement, or dissolved under... |
2020 |
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| Dylan R. Hedden-Nicely , Lucius K. Caldwell |
Indigenous Rights and Climate Change: the Influence of Climate Change on the Quantification of Reserved Instream Water Rights for American Indian Tribes |
2020 Utah Law Review 755 (2020) |
All models are wrong but some are useful. The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millenia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish; Search Snippet: ...such peoples--referred to in the American legal system as Indian tribes--throughout the region as they negotiated treaties and agreements with the United States government in the 1850s... |
2020 |
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| Nicole B. Godfrey |
Institutional Indifference |
98 Oregon Law Review 151 (2020) |
Introduction. 152 I. Prison Conditions and the Eighth Amendment. 156 A. The Origins of the Eighth Amendment. 157 B. The Eighth Amendment's Application to Prison Conditions. 160 1. The Birth of the American Penitentiary System. 160 2. Incarceration Nation. 163 3. The Birth of Deliberate Indifference. 165 II. Suits Against Prison Systems for; Search Snippet: ...that the Supreme Court's decision in Idaho v. Coeur d'Alene Tribe, 521 U.S. 261 (1997) undermined the constitutional value of Ex parte Young ); Akhil Reed Amar, Of Sovereignty and Federalism , 96 Yale L.J. 1425, 1480 (1987) (describing the... |
2020 |
|
| Barnali Choudhury |
International Investment Law and Noneconomic Issues |
53 Vanderbilt Journal of Transnational Law L. 1 (January, 2020) |
Arbitral tribunals have misconstrued the purpose of international investment agreements (IIAs) by failing to factor in the development aspect of these agreements into their analysis. IIAs were constituted to protect foreign investment in order to promote economic development. However, arbitral tribunals have tended to focus mainly on the investor; Search Snippet: ...BIT), art. 6, 2018. See Model Text for the Indian Bilateral Investment Treaty, pmbl., Dec. 2015 |
2020 |
|
| Ryan Martínez Mitchell |
International Law as Project or System? |
51 Georgetown Journal of International Law 623 (Spring, 2020) |
Classical authors on international law tended to understand it as an immanent system of norms, emerging from natural reason, self-interest, and/or customary state behavior. This view largely kept hold well into the Vienna System era of multilateral diplomacy, indeed becoming more conceptually clear even as the language of natural law grew; Search Snippet: ...claims that the Congo Act was a constitution established by treaty that most satisfactorily guaranteed the interests of peace, those of all nations' as well as those of the natives, [FN296] would likely seem little more persuasive for many today... |
2020 |
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| Tanika Sarkar |
Intimate Violence in Colonial Bengal: a Death, a Trial and a Law, 1889-1891 |
38 Law and History Review 177 (February, 2020) |
The colonial state enacted an enormously controversial law in 1891 to regulate the age of consent for Indian women. A death propelled it: that of Phulmonee, a girl just over 10 years of age, who died in 1889 of marital rape. Amending Section 375 of the Indian Penal Code of 1860, and the Code of Criminal Procedure of 1882, the law criminalized; Search Snippet: ...took their place. In the domain of Personal Laws, then, Indian communities acquired something akin to sovereignty, and laws could not be made without reference to Indian scripture and custom. Nor could judicial disputes be resolved otherwise... |
2020 |
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| |
Introduction |
133 Harvard Law Review 2062 (April, 2020) |
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most part, those students do not learn about a third source of obligation: unjust enrichment. This obligation rests on a simple premise--that [a] person who is unjustly enriched at the expense of; Search Snippet: ...statutes regulating railway operations. See id. at 1179, 1183 . The Tribe subsequently moved for reconsideration, arguing that its suit arose out of its treaty with the United States and therefore involved questions of federal... |
2020 |
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| Mae C. Quinn , Levi T. Bradford |
Invisible Article Iii Delinquency: History, Mystery, and Concerns about "Federal Juvenile Courts" |
27 Washington and Lee Journal of Civil Rights and Social Justice 71 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 72 II. Common Law Approach to Youth Crime--Shared State and Federal History. 76 III. Emergence of State Juvenile Courts and Supreme Court's Related Jurisprudence. 79 A. Juvenile Courts as Specialized Venues to Address Child Wrongdoing. 80 B. Kent, Gault & Their Progeny: Balancing Paternalism with Due Process; Search Snippet: ...determination, the federal government has consistently used the fact that Native tribes lie within federal borders to justify hemming in tribal sovereignty. [FN292] A tribe's power to handle matters involving Indigenous children... |
2020 |
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| James T. Campbell |
Island Judges |
129 Yale Law Journal 1888 (April, 2020) |
This Note explores the persistent differences in status among federal district judges in U.S. territories. Beginning with Congress's decision to extend life tenure to federal judges in Puerto Rico in 1966, the Note traces the evolution of local and federal courts in U.S. territories over the past half century. Although universally counted within; Search Snippet: ...a federal court, see, e.g. , Uilisone Falemanu Tua, Comment, A Native's Call for Justice: The Call for the Establishment of a... |
2020 |
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| Robert M. Jarvis |
Judges and Gambling |
10 UNLV Gaming Law Journal L.J. 1 (Spring, 2020) |
In an address to the American Bar Association (ABA) in 1965, Simon H. Rifkind warned judges to avoid being conspicuous in their personal lives. He then offered several examples of such behavior, one of which was being a frequent standee in the $100 window at the racetrack. At the time of Rifkind's speech, dog tracks and horse tracks were nearly; Search Snippet: ...2721 (1988) See generally Steven Andrew Light & Kathryn R.L. Rand, Indian Gaming and Tribal Sovereignty: The Casino Compromise 63-64 (2005). See Steven Stradbrooke... |
2020 |
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| Thomas M. Hardiman |
Judicial Independence and the Roberts Court |
2020 Cato Supreme Court Review 15 (2019-2020) |
Thank you, Ilya Shapiro, for that generous introduction. Roger Pilon may be the only one here who appreciates just how honored I am to have been invited to give the B. Kenneth Simon Lecture on this Constitution Day. Roger was kind enough to travel to Pittsburgh to honor Ken at the memorial celebration after his passing. And as Roger knows, I had; Search Snippet: ...Wyoming's admission to the Union did not abrogate the Crow Tribe of Indians' 1868 federal treaty right to hunt on the unoccupied lands of the United... |
2020 |
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| DeVaughn Jones |
Judicial Racism and Judicial Antiracism: Retelling the Dred Scott Story |
68 UCLA Law Review Discourse 338 (2020) |
This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred; Search Snippet: ...citizens, despite their subjugation. [FN106] The United States entered into treaties with Indigenous governments and sought their alliance in war, the majority claimed--the tribes maintained their own land, which neither the English nor the... |
2020 |
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| Ryan C. Williams |
Judicial Role and Judicial Duty in Foreign Affairs |
43 Fordham International Law Journal 1235 (May, 2020) |
L1-2INTRODUCTION . L31235 I. JUDICIAL POWER AND JUDICIAL DUTY. 1238 II. JUDICIAL DUTY AND CHANGES IN GOVERNING LAW. 1241 A. Changes in International Law and Practice: The Example of Prize Jurisdiction. 1241 B. Changes in Domestic Law: The Example of Multilateral Treaty Reservations. 1246 C. Accommodating Legal Change: The Law of Interpretation; Search Snippet: ...Knoxville, 227 U.S. 39, 43-49 (1913) (concluding that a treaty addressing patent lengths should be construed as non-self-executing notwithstanding putatively clear treaty language where drafting history and subsequent Congressional action suggested a... |
2020 |
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| Emily Mendoza |
Jurisdictional Transparency and Native American Women |
11 California Law Review Online 141 (May, 2020) |
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal; Search Snippet: ...victims without recourse. Reformers seeking to address jurisdictional barriers for Native American women often approach this issue through a sovereignty framework, with two opposing solutions at the forefront. One approach... |
2020 |
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| Deepa Das Acevedo |
Just Hindus |
45 Law and Social Inquiry 965 (November, 2020) |
What happens when courts reach good outcomes through bad reasoning? Are there limits to consequentialist jurisprudence? The Indian Supreme Court's recent decision in IYLA v. State of Kerala offers important insights on both issues. IYLA, decided in September 2018, held that the Hindu temple at Sabarimala may not ban women aged ten to fifty from; Search Snippet: ...47-49. London: Thoemmes Continuum, 2005. Das Acevedo, Deepa. Divine Sovereignty, Indian Property Law, and the Dispute over the Padmanabhaswamy Temple. Modern... |
2020 |
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| Dana Zartner, JD, LLM, Ph.D. |
Justice for Juristac: Using International and Comparative Law to Protect Indigenous Lands |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands; Search Snippet: ...to religious expression, and the precautionary principle found in international treaty law, customary international law, and regional and domestic court cases... |
2020 |
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| Corina Heri |
Justifying New Rights: Affectedness, Vulnerability, and the Rights of Peasants |
21 German Law Journal 702 (May, 2020) |
Over the last decades, various groups seeking international legal recognition of new human rights claims have succeeded in their endeavors. Some movements have crafted such convincing demands that their participation has even become an implicit condition of the legitimacy of the resulting human rights documents. But what; Search Snippet: ...both are linked to collective identities that reposition peasants and indigenous peoples--who were both once considered anachronisms in the modern... |
2020 |
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| |
Keeping Current--property |
34-OCT Probate and Property 16 (September/October, 2020) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CONDOMINIUMS: Insurer's waiver of the right to subrogation does not apply to a tenant who rents a unit. A fire originating in a leased condominium unit caused extensive; Search Snippet: ...of coverage and failure to defend against the assertion of Indian treaty rights is wrongful and in bad faith. In 2015, Robbins... |
2020 |
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| Jennifer Mendoza |
Ktunaxa Nation V. British Columbia: a Historical and Critical Analysis of Canadian Aboriginal Law |
29 Washington International Law Journal 685 (June, 2020) |
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what rights meant under Section 35 of the Constitution, how Aboriginal; Search Snippet: ...as to recognize Aboriginal title. [FN59] Thus, even today, many indigenous leaders view the Royal Proclamation as guaranteeing their sovereignty. [FN60] The Courts have concluded that the ultimate purpose of... |
2020 |
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| Mona Oraby , Winnifred Fallers Sullivan |
Law and Religion: Reimagining the Entanglement of Two Universals |
16 Annual Review of Law and Social Science 257 (2020) |
religion, law, state, legal pluralism, modernity, secularism In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists,; Search Snippet: ...persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does... |
2020 |
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| Dantam Le |
Leveraging the Ilo for Human Rights and Workers' Rights in International Sporting Events |
42 Hastings Communications and Entertainment Law Journal 171 (Summer, 2020) |
Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world's stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government; Search Snippet: ...work closely with the ICO and FIFA to push a treaty among nation-states to promote workers' rights, and (3) the ILO should not condone violations of the rights of indigenous and impoverished communities and migrant workers by failing to take... |
2020 |
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| Lily Grisafi |
Living in the Blast Zone: Sexual Violence Piped onto Native Land by Extractive Industries |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional; Search Snippet: ...on tribal land with impunity. In particular, restrictions on tribal sovereignty and criminal jurisdiction, inadequate funding for tribal criminal justice systems... |
2020 |
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| Timothy Meyer |
Misaligned Lawmaking |
73 Vanderbilt Law Review 151 (January, 2020) |
Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same time providing adjustment assistance for those workers displaced by competition with new imports. This bargain illustrates what; Search Snippet: ...the event of power shifts). Model Text for the Indian Bilateral Investment Treaty myGov art. 24.1 (2016) |
2020 |
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| Aaron Haviland |
Misreading the History of Presidential War Power, 1789-1860 |
24 Texas Review of Law and Politics 481 (Spring, 2020) |
Introduction. 482 I. Methodology. 487 A. Contribution to the Literature on Presidential War Power. 487 B. Categorizing Military Conflicts. 490 II. Authorized or Disavowed. 495 A. Declaration of War or Statute. 495 B. Anti-Piracy Laws. 502 C. Disavowed. 505 III. Within Article II. 507 A. Peacetime Deployments and Demonstrations. 507 B. Protecting; Search Snippet: ...before conducting offensive military expeditions against Indian tribes. [FN65] However, Indian tribes were treated as quasi-sovereign actors--domestic dependent nations--with whom the U.S. government signed treaties. [FN66] They had a political structure and could engage in... |
2020 |
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| Fred G. Zundel |
Modification of Tribal Custody Decree in State Court |
63-MAY Advocate 22 (May, 2020) |
Assume the following facts. John is an enrolled member of an Idaho Tribe. Jane is not a person of Native American descent and is not a member of any Tribe. The parties are the parents of two minor children. The children are enrolled members of John's Tribe. John and Jane were married in 2005 within the exterior boundaries of John's Tribal; Search Snippet: ...government, and exhaustion of Tribal Court remedies Although an Idaho Tribe is not to be regarded as a state for the... |
2020 |
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| Matthew A. King |
Murphy V. Ncaa and Legalization of Sports Betting in States and Indian Country |
59 No. 2 Judges' Journal 16 (Spring, 2020) |
In 2018, the U.S. Supreme Court in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992 on states' rights grounds. For nearly three decades, the federal law prevented all but four states and the vast majority of Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and; Search Snippet: ...to greatly impact Tribal economies--for better or for worse. Indian gaming is governed by the Indian Gaming Regulatory Act (IGRA) of 1988, but the true source of Tribes' authority to game stems from their inherent sovereignty as nations predating the formation of the United States. [FN6] IGRA imposed limits on Tribal sovereignty for gaming Tribes. While IGRA represented a paradigm shift in the gaming |
2020 |
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| Mark Suagee |
My Brother, Dean Suagee |
34-SPG Natural Resources & Environment Env't 2 (Spring, 2020) |
My brother, Dean Suagee, saw his vision early. He worked hard in school, putting physical abilities into wrestling and football, while his serious schoolwork led to high school valedictorian honors. He continued earning academic honors through college at the University of Arizona, and not until law school did he receive an average grade. As his; Search Snippet: ...our earth and his belief in, and concern for, the sovereignty of tribal governments in their Indian communities and in the traditions they live. I rode with... |
2020 |
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| Craig Evan Klafter |
Myanmar, Rule of Law, and an Imperfect Inheritance |
44-WTR Fletcher Forum of World Affairs 121 (Winter, 2020) |
This article describes how Myanmar represents a rare case in post-colonial societies in that much of the law it inherited was written on its behalf some as an experiment, some never implemented, and most of it never adapted to local circumstances. Leading up to independence in 1948, the British hoped that a formal process of constitution drafting; Search Snippet: ...interpreted the Contract Act liberally and scholars have produced influential treaties on contract law, while both groups have adapted contract law to the needs of Indian society. [FN4] In Burma and subsequently in Myanmar, however, courts... |
2020 |
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| Joshua Kastenberg |
National Security and Judicial Ethics: the Exception to the Rule of Keeping Judicial Conduct Judicial and the Politicization of the Judiciary |
12 Elon Law Review 282 (2020) |
I. DISQUALIFICATION AND THE MISTRETTA RULE. 288 A. Judicial Recusal Rules in the Modern Era. 291 B. Judicial Nominations. 293 II. JUDICIAL ACTIVITIES, ADVICE, AND ENCOURAGEMENT: TAFT, STONE, AND BURGER. 298 A. Taft and the National Security Exception. 302 B. Stone: Opposition to Extra-Judicial Conduct but Resistance to his Example. 305 C. Warren; Search Snippet: ...on either. [FN23] The appeal arose as a matter of Indian- treaty and land allocation legislation that placed into the courts an... |
2020 |
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| Dennis J. Donohue, Daniel P. Ettinger |
Navigating Tribal Opposition to Permits for Great Lakes Mining Projects |
35-SUM Natural Resources & Environment 41 (Summer, 2020) |
Mining and beneficiation of metals was an early driver in the economic development of the Great Lakes region. The mining of both iron and other minerals came to the Upper Peninsula of Michigan in the early 1840s, spurred by Douglass Houghton's publication of a report on the famed native copper deposits of the Keweenaw in 1841, followed closely by; Search Snippet: ...federal air and water pollution control laws. Most of the tribes in the region also have treaty rights. This article examines the challenges involved in navigating tribal... |
2020 |
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| David Kuan-Wei Chen |
New Ways and Means to Strengthen the Responsible and Peaceful Use of Outer Space |
48 Georgia Journal of International and Comparative Law 661 (Spring, 2020) |
C1-2Table of Contents I. Introduction. 662 II. Legal Regime Governing Space. 663 III. The Legal Lacunae with Regard to Responsible and Peaceful Use of Outer Space. 668 IV. International Efforts to Strengthen the Responsible and Peaceful Use of Space. 670 V. Ways and Means of Maintaining Outer Space for Peaceful Purposes. 673 VI. The Long-Term; Search Snippet: ...India's Anti-Satellite Missile Test Conducted on 27 March, 2019 Indian Ministry of External Aff. (Mar. 27, 2019) |
2020 |
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| Sarah Krakoff |
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park |
91 University of Colorado Law Review 559 (Spring, 2020) |
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...consistently undermined those very promises. [FN22] Legal principles forged in treaties and affirmed by the U.S. Supreme Court recognized that Indian tribes were domestic dependent nations that had direct legal relationships with... |
2020 |
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