| Author | Title | Citation | Summary | Year | Key Terms |
| Daniel Farber |
Requiem for a Heavyweight: the Decline and Fall of Lucas V. South Carolina Coastal Council |
71 Florida Law Review Forum 212 (2020) |
Property rights advocates hailed Lucas v. South Carolina Coastal Council. They hoped Justice Antonin Scalia's opinion for the Supreme Court would revolutionize interpretation of the Constitution's takings clause and finally fulfill its potential as a vehicle for deregulation. On its face, the ruling seemed to dramatically expand the scope of; Search Snippet: ...familiar background principles, including customary rights of beach access; [FN24] native Hawaiian food gathering rights (a decision invoking the Aloha spirit... |
2020 |
|
| Laura F. Edwards |
Response to Rebecca Scott's "Discerning a Dignitary Offense" |
38 Law and History Review 571 (August, 2020) |
Discerning a Dignitary Offense uncovers the efforts of activists in New Orleans to write an expansive vision of rights into the Louisiana state constitution, one that allowed access to public space, including all places of business and public resort, to all persons, without distinction or discrimination on account of race or color. This; Search Snippet: ...the same place. That conclusion comports with recent work in Indian history, which emphasizes the persistence of native sovereignty within the geographic boundaries of European colonies in North America... |
2020 |
|
| Ariela Rutbeck-Goldman, Citlalli Ochoa, Jamila Benkato |
Revolutionary Dreamers: a Public Interest Call to Action at Uc Irvine School of Law's Decennial |
10 UC Irvine Law Review 319 (January, 2020) |
As the University of California, Irvine School of Law (UCI Law or the Law School) reaches its tenth anniversary, the three of us, all 2016 UCI Law graduates, decided to commemorate the occasion by memorializing, in a critical epistolary, reflections on what the Law School has achieved and how it has developed since its founding. We are most; Search Snippet: ...un-special-rapporteur. See Int'l Indian Treaty Council, Indigenous People's Coordinated Submission U.N. Human Rights Comm. (Jan. 19, 2019... |
2020 |
|
| M P Ram Mohan , Els Reynaers |
Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-intensive Disputes |
15 University of Pennsylvania Asian Law Review 284 (2020) |
This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as envisaged under the unique Section 17(b) of the Civil Liability for Nuclear Damage Act, 2010 (CLND Act), adopted by the Indian; Search Snippet: ...of recourse of the operator against the supplier to the Indian context and not merely to accept the standard language used in treaties. While it was noted that expanding the right of recourse... |
2020 |
|
| Robert O. Saunooke |
Running for Missing and Murdered Native Women |
59 No. 2 Judges' Journal 22 (Spring, 2020) |
Currently there are over 4,000 murdered and missing indigenous women in the United States and Canada that no one is looking for or trying to find. Two indigenous women, Rosalie Fish and Jordan Marie Daniel, are running--physically running--for their people to draw attention to a tragedy that has, for the most part, been overlooked and ignored; Search Snippet: ...legislation and amendments to the House bill that would leave Native women and children less protected and further limit or infringe on Tribal sovereignty. The Senate bill requires that trials held within Indian Country... |
2020 |
|
| Marc L. Roark |
Scaling Commercial Law in Indian Country |
8 Texas A&M Law Review 89 (Fall, 2020) |
How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (MT-STA) promise much toward creating conditions that; Search Snippet: ...in concert with regional economic actors (including other states and tribes); or they may appear rhetorically too far, straining the tribe's view of self-sufficiency, sovereignty, and governance. When efforts to stimulate economic growth appear too... |
2020 |
|
| G. William “Bill” Rice , Robert N. Clinton |
Section 5, Indian Trust Land Acquisitions, and Secretarial Authority |
52 Arizona State Law Journal 564 (Summer, 2020) |
At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust status between so-called mandatory acquisitions and claimed discretionary takings. Some statutes, usually tribally specific statutes contained in settlement legislation, such as; Search Snippet: ...28-29, 2011, the ILP sponsored a program on the Indian land trust entitled Treaty to Trust to Carcieri [FN3] Bill spoke at this program... |
2020 |
|
| Karen C. Sokol |
Seeking (Some) Climate Justice in State Tort Law |
95 Washington Law Review 1383 (October, 2020) |
Over the last decade, an increasing number of path-breaking cases have been filed throughout the world, seeking to hold fossil fuel industry companies and governments accountable for their actions and inactions that have contributed to the climate crisis. This Article focuses on an important subset of those cases--namely, the recent surge; Search Snippet: ...U.S. government, including [r]ecogniz[ing] the self-determination and inherent sovereignty of all of the Tribes, establishing a relocation institutional framework that is based in human... |
2020 |
|
| Elizabeth Hope Fink |
Sense and Census Building: Capturing Tribal Realities in the U.s. Census |
62 Washington University Journal of Law & Policy 201 (2020) |
In the politically charged space between America's 2018 midterm elections and the 2020 general elections, the upcoming decennial Census looms. A seemingly unassuming bureaucratic process, it has enormous implications for the country's social, economic, and political realities for years to come. Citizens of American Indian and Alaska Native (AI/AN); Search Snippet: ...of social justice. Part II analyzes the demographic realities of Indian Country not captured by current Census procedures and the implications... |
2020 |
|
| Jenny B. Davis |
Serving Two Tribes |
106-MAR ABA Journal 13 (February/March, 2020) |
How does a Jewish kid from Philly become a tribal court judge in Alaska? Just ask Judge David Avraham Voluck. Born and raised in Philadelphia, Voluck has been practicing federal Indian and tribal law from his home base in Sitka, Alaska, since 1996, save for a two-year sabbatical he took to attend the Rabbinical College of America. He presides in; Search Snippet: ...type of court authorized under U.S. law? It's called inherent sovereignty, and it comes from the tribes' own organic governmental authority. You can't violate the U.S. Constitution... |
2020 |
|
| Kadie Martin |
So Much to Comment On, So Little Time: Notice-and-comment Requirements in Agency Informal Rulemaking under the Administrative Procedure Act |
61 Boston College Law Review E-Supplement II.-132 (April 2, 2020) |
On February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National Lifeline Ass'n v. FCC. In National Lifeline Ass'n, the D.C. Circuit Court held that, by adopting changes to a tribal telecommunications subsidy that contradicted prior policy rationale after only a two-week comment period, the agency both:; Search Snippet: ...of Policy on Establishing a Gov't-to-Gov't Relationship with Indian Tribes, 16 FCC Rcd. 4078, 4081 (2000) (noting the FCC affirmed principles of tribal sovereignty by committing to consult tribal governments before enacting policies or rules that will impact their tribes). The FCC convened two meetings with Indian tribal leaders where... |
2020 |
|
| Carla F. Fredericks, Mark Meaney, Nicholas Pelosi, Kate R. Finn |
Social Cost and Material Loss: the Dakota Access Pipeline |
22 NYU Journal of Legislation and Public Policy 563 (2019-2020) |
The social conflict surrounding the Dakota Access Pipeline showcased for a generation the consequences of failing to account for the social risks of development on and near Indigenous lands, including a failure to respect human rights. The failure stemmed, in part, from a lack of adequate due diligence at the outset of the project. While the bare; Search Snippet: ...not cross any existing reservation boundaries, it does cross many tribes' ancestral lands, as well as land that was reserved to the Sioux Nation in treaties but subsequently taken by force. [FN14] On September 30, 2014... |
2020 |
|
| Kayla Scott |
Steel Standing: What's next for Section 232? |
30 Duke Journal of Comparative & International Law 379 (Spring, 2020) |
This note considers possible legal challenges to the original Section 232 steel order and recommends different actions for alleviating the problem of broad executive power delegated by Congress in Section 232. Parts I and II provide an introduction and background to Section 232. Part III analyzes the constitutionality of Section 232 under both the; Search Snippet: ...statutes unless its retroactivity was made clear by Congress. [FN314] Sovereignty-inspired nondelegation canons, which are grounded in widespread understandings about sovereignty, include application of a presumption against extraterritoriality for agency interpretations, unfavorable treatment to Native Americans, and waiving sovereign immunity. [FN315] Nondelegation canons inspired by... |
2020 |
|
| Adam Crepelle |
Taxes, Theft, and Indian Tribes: Seeking an Equitable Solution to State Taxation of Indian Country Commerce |
122 West Virginia Law Review 999 (Spring, 2020) |
I. Introduction. 999 II. Tribal Sovereignty and Taxes. 1001 III. Quil Ceda Village--A New Level of Injustice. 1009 A. History of QCV. 1009 B. The Tax Showdown at QCV. 1011 IV. Problem with State Taxation of Indian Country. 1014 V. Solutions. 1021 A. State Power Stops at the Reservation's Edge. 1021 B. Tax 'Em Back. 1028 VI. Conclusion. 1032; Search Snippet: ...FN1] A long and sordid history of colonization resulted in tribes relinquishing much of their land, but only some of their aboriginal sovereignty. Indeed, the settled principle is that tribes possess all inherent... |
2020 |
|
| William Thomas Worster |
Territorial Status Triggering a Functional Approach to Statehood |
8 Penn State Journal of Law & International Affairs 118 (2020) |
C1-3Table of Contents L1-2119120120128128139143146164168179 I. Introduction. 119 II. Functional Statehood Based on Status. 120 A. Functional personality. 120 B. Functional statehood based on status. 128 1. Colonial Empires/Mandates/Protected States. 128 2. Occupied and Annexed States. 139 3. Internationalized Territories. 143 4. Entities in; Search Snippet: ...Anna Meijknecht, Towards International Personality: The Position of Minorities and Indigenous Peoples in International Law 25, 55 (2001); Tom Bennion, Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi , 35 Vict. Univ. Wellington L. Rev. 165, 180 (2004); Antony Anghie, Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law , 40 |
2020 |
|
| Matthew L.M. Fletcher |
Textualism's Gaze |
25 Michigan Journal of Race and Law 111 (Winter, 2020) |
INTRODUCTION. 111 I. Textualism. 116 II. A Short History of Indian Law Textualism in the Supreme Court. 119 A. Engagement with the Text: Reservation Boundaries Cases. 119 B. Declining to Engage with the Text: Tribal Powers Cases. 123 C. Unresolved Area: Federal Statutes of General Applicability. 126 III. Indian Law and Supreme Court's Process. 128; Search Snippet: ...country, then the state would not possess jurisdiction. [FN4] A treaty between the tribe and the United States established the reservation. Under long-settled... |
2020 |
|
| Katrin Kuhlmann, Akinyi Lisa Agutu |
The African Continental Free Trade Area: Toward a New Legal Model for Trade and Development |
51 Georgetown Journal of International Law 753 (Summer, 2020) |
International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African; Search Snippet: ...international trade space. In the area of genetic resources and indigenous rights, related treaties (namely the Convention on Biological Diversity, [FN152] Nagoya Protocol on... |
2020 |
|
| Michael C. Blumm , Cari Baermann |
The Belloni Decision and its Legacy: United States V. Oregon and its Far-reaching Effects after a Half-century |
50 Environmental Law 347 (Spring, 2020) |
Fifty years ago, Judge Robert Belloni handed down a historic treaty fishing rights case in Sohappy v. Smith, later consolidated into United States v. Oregon, which remains among the longest running federal district court cases in history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair; Search Snippet: ...history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair share to tribal... |
2020 |
|
| Robert O. Saunooke |
The Canary in the Coalmine--the Tragic History of the U.s. Government's Policies Toward Native Peoples |
59 No. 2 Judges' Journal J. 1 (Spring, 2020) |
In 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of Federal Indian Law, became much more than a simple survey. The handbook was the first to show how hundreds of years of; Search Snippet: ...O. Saunooke I n 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of... |
2020 |
|
| Xueliang Ji |
The Changing Paradigm of International Tax Dispute Settlement: What Are the Promises and Challenges of Mandatory Arbitration for China? |
21 Oregon Review of International Law 117 (2020) |
118 Introduction. 118 I. Methods in Resolving Tax-Related Disputes. 122 A. Local Remedies. 123 B. Arbitration in Bilateral Investment Treaties (BITs). 123 C. Dispute Resolution Methods in Bilateral Tax Treaties. 132 II. Mandatory Arbitration Will Not Decrease National Sovereignty. 135 III. Why Taxpayers Tend to Choose Mandatory; Search Snippet: ...tax measures from the BIT. [FN80] For instance, the 2015 Indian Model BIT-EU excludes taxation from the scope of the treaty. [FN81] Another example is the agreement between the governments of... |
2020 |
|
| Justin Hughes |
The Charming Betsy Canon, American Legal Doctrine, and the Global Rule of Law |
53 Vanderbilt Journal of Transnational Law 1147 (October, 2020) |
In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains. The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court; Search Snippet: ...443 U.S. 658, 662 (1979) (interpreting the character of [a] treaty right to take fish in a treaty between Indian tribes and the United States); Reed v. Wiser, 555 F.2d... |
2020 |
|
| James Muldoon |
The Cherokee Nation, John Marshall, and the Stadial Theory of Development |
53 UIC John Marshall Law Review Rev. 1 (Summer, 2020) |
I. INTRODUCTION. 1 II. STADIAL THEORY. 3 III. JOHNSON V. M'INTOSH. 6 IV. CHEROKEE NATION V. GEORGIA. 13 V. WORCESTER V. GEORGIA. 15 VI. THE CIVILIZED AND THE UNCIVILIZED. 23 VII. CHANCELLOR KENT. 24 VIII. JOSEPH STORY. 30 IX. CONCLUSION. 32; Search Snippet: ...America, the land was held, occupied, and possessed, in full sovereignty by various independent tribes or nations of Indians, who were the sovereigns of their respective portions of the... |
2020 |
|
| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities , 31 Am. Indian L. Rev. 1 (2006) (outlining the role of tribal policies... |
2020 |
|
| Matthew Stanford |
The Constitutional Challenges Awaiting Police Reform--and How Congress Can Try to Address Them Preemptively |
11 California Law Review Online 296 (July, 2020) |
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history; Search Snippet: . |
2020 |
|
| Dylan R. Hedden-Nicely |
The Contemporary Methodology for Quantifying Reserved Instream Flow Water Rights to Support Aquatic Habitat |
50 Environmental Law 257 (Winter, 2020) |
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people--particularly those in the region now called the Northwestern United States--placed singular emphasis on preserving their traditional subsistence culture when; Search Snippet: ...States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional... |
2020 |
|
| Jonathan Liljeblad |
The Convention for the Safeguarding of the Intangible Cultural Heritage (Csich) and the Control of Indigenous Culture: a Critical Comment on Power and Indigenous Rights |
26 William and Mary Journal of Race, Gender, and Social Justice 281 (Winter, 2020) |
The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and; Search Snippet: ...of the struggle for indigenous self-determination. [FN113] Calls for indigenous self-determination, however, should not necessarily be interpreted as a challenge to state sovereignty, in that it is possible to enable indigenous self-determination without threatening the territorial integrity of state parties... |
2020 |
|
| Chief Judge Gregory D. Smith , Bailee L. Plemmons |
The Court of Indian Appeals: America's Forgotten Federal Appellate Court |
44 American Indian Law Review 211 (2020) |
C1-2Table of Contents I. Introduction. 212 II. A Short History Lesson on Tribal Courts. 214 III. The Court of Indian Offenses (What's in a Name?). 218 IV. Overview of the Court of Indian Appeals. 223 V. Comparison of the Court of Indian Appeals with Other American Federal Appellate Courts. 230 VI. Conclusion. 239; Search Snippet: ...the Department of the Interior. [FN8] The Kiowa Court of Indian Appeals explains this anomaly as follows: The Interior Department may... |
2020 |
|
| Annie Rischard Davis |
The Cultural Property Conundrum: the Case for a Nationalistic Approach and Repatriation of the Moai to the Rapa Nui |
44 American Indian Law Review 333 (2020) |
There is a temple in ruin stands, Fashion'd by long forgotten hands; Two or three columns, and many a stone, Marble and granite, with grass o'ergrown! Out upon Time! It will leave no more Of things to come than the things before! Out upon Time! Who for ever will leave But enough of the past and the future to grieve O'er that which hath been, and; Search Snippet: ...of operating under this framework are retroactivity and enforcement, the treaty or convention membership of the parties, the sovereignty of indigenous groups to bring claims themselves, and the underdeveloped structures for... |
2020 |
|
| Anuj C. Desai |
The Dilemma of Interstatutory Interpretation |
77 Washington and Lee Law Review 177 (Winter, 2020) |
Courts engage in interstatutory cross-referencing all the time, relying on one statute to help interpret another. Yet, neither courts nor scholars have ever had a satisfactory theory for determining when it is appropriate. Is it okay to rely on any other statute as an interpretive aid? Or, are there limits to the practice? If so, what are they? To; Search Snippet: ...2d 741, 744 (9th Cir. 1971) Federal policy toward particular Indian tribes is often manifested through a combination of general laws, special acts, treaties, and executive orders. All must be construed in pari materia... |
2020 |
|
| George C. Thomas III |
The Double Jeopardy Clause and the Failure of the Common Law |
53 Texas Tech Law Review Rev. 7 (Fall, 2020) |
Failure is too strong, of course, but one does want a title that grabs the reader's attention. Inadequacy is more accurate, as this Article shall endeavor to explain, but not nearly as dramatic. The Supreme Court has, over the past 100 years, sucked the life out of the Double Jeopardy Clause. The Court's failure, in large part, is not; Search Snippet: ...states could reprosecute after a federal verdict. [FN22] The dual sovereignty doctrine was later applied to permit each state to prosecute the same offense, [FN23] to permit Indian nations to prosecute independently of the federal government, [FN24] and... |
2020 |
|
| Radhika Kannan |
The Effectiveness of Environmental Laws in Preventing Transboundary Pollution from Oil Drilling in the Arctic |
45 Columbia Journal of Environmental Law 241 (2020) |
I. Introduction. 242 II. Background. 244 A. Arctic Geography. 244 B. The Arctic Environment. 246 C. The Environmental Problem of Offshore Drilling. 248 D. Current Sources of Authority. 250 1. Arctic Council. 250 2. United Nations Convention of the Law of the Sea (UNCLOS). 252 3. Espoo Convention. 253 4. International Convention on Oil Pollution; Search Snippet: ...knowledge, and a set of ethical principles for research. [FN86] Indigenous groups also pushed the passage of the Persistent Organic Pollutants (POPs) Treaty. [FN87] The POPs treaty implements control measures for the production... |
2020 |
|
| Cormac M. Bloomfield |
The Endangered Species Act and Delisting Distinct Population Segments: Antithetical to the Statute or Permissible with Guidance? |
30 Duke Environmental Law and Policy Forum 317 (Spring, 2020) |
I. Introduction. 318 II. The Endangered Species Act: A Primer. 320 A. Purpose of the ESA. 320 B. How Species are Listed Under the ESA. 320 C. How the ESA Protects Listed Species. 322 D. How a Species is Delisted. 323 E. Distinct Population Segments--ESA Protections for Populations at Risk. 324 III. Grizzlies of the Lower-48. 326 A. The Grizzly Bear; Search Snippet: ...played a central role in the traditions, ceremonies, and the sovereignty of the Native people. [FN1] As European settlers spread West, the grizzly's habitat... |
2020 |
|
| Michael Doran |
The Equal-protection Challenge to Federal Indian Law |
6 University of Pennsylvania Journal of Law & Public Affairs Aff. 1 (November, 2020) |
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between; Search Snippet: ...counterparts. For example, section 177 of Title 25 prohibits any Indian nation or tribe of Indians from selling, granting, leasing, or otherwise conveying any land or title or claim to land, except by treaty or convention entered into pursuant to the Constitution. [FN11] In... |
2020 |
|
| Donald E. McInnis , Shannon Cullen , Julia Schon |
The Evolution of Juvenile Justice from the Book of Leviticus to Parens Patriae: the next Step after in re Gault |
53 Loyola of Los Angeles Law Review 553 (Spring, 2020) |
Since the arrival of the Pilgrims, American jurisprudence has known that its law-breaking children must be treated differently than adults. How children are treated by the law raises ethical and constitutional issues. This Article questions the current approach, which applies adult due process protections to children who are unable to fully; Search Snippet: ...on January 24, 1848. [FN50] At the signing of the Treaty of Guadalupe Hidalgo, which ended the Mexican-American War on... |
2020 |
|
| Julian Davis Mortenson |
The Executive Power Clause |
168 University of Pennsylvania Law Review 1269 (April, 2020) |
Article II of the Constitution vests the executive power in the President. Advocates of presidential power have long claimed that this phrase was originally understood as a term of art for the full suite of powers held by a typical eighteenth-century monarch. In its strongest form, this view yields a powerful presumption of indefeasible; Search Snippet: ...as the sole power of making war and peace--making treaties, leagues and alliances--the collection, management and expenditure of an... |
2020 |
|
| Oona A. Hathaway , Curtis A. Bradley , Jack L. Goldsmith |
The Failed Transparency Regime for Executive Agreements: an Empirical and Normative Analysis |
134 Harvard Law Review 629 (December, 2020) |
C1-2CONTENTS Introduction. 632 I. The Legal Regime for Executive Agreements. 638 A. The Legality of Executive Agreements. 638 1. Sole Executive Agreement Power. 639 2. Implied Congressional Authorization to Make an Agreement. 641 3. International Agreements Consistent with Domestic Law. 643 4. Authorization in a Prior Treaty or Agreement. 644 B; Search Snippet: ...that full interchangeability of sole executive agreements with Article II treaties would be unacceptable, for it would wholly remove the check... |
2020 |
|
| Robert B. Keiter |
The Greater Yellowstone Ecosystem Revisited: Law, Science, and the Pursuit of Ecosystem Management in an Iconic Landscape |
91 University of Colorado Law Review Rev. 1 (Winter, 2020) |
Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to preserving this legally fragmented region's public lands and wildlife in the face of mounting development pressures. Yellowstone's grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management; Search Snippet: ...the Montana legislature reinstated public bison hunting, [FN295] while several Native American tribes have asserted their treaty hunting rights on public lands outside the Park. Along the... |
2020 |
|
| Nicholas M. Mosvick, Mitchell A. Mosvick |
The Heller-ization of Originalism: Ramos V. Louisiana and the Problem of Frozen Context |
2020 Cato Supreme Court Review 309 (2019-2020) |
In Ramos v. Louisiana, the Supreme Court rendered a series of opinions in response to Evangelisto Ramos's challenge to a Louisiana law that allowed nonunanimous jury verdicts for criminal convictions. The Court's only clear overlapping holding interpreted the Sixth Amendment to prohibit less-than-unanimous verdicts as violating the right to a; Search Snippet: ...century, either by right of conquest and driving out the natives (with what natural justice I shall not at present enquire) or by treaties. And therefore the common law of England, as such, has... |
2020 |
|
| Dylan R. Hedden-Nicely |
The Historical Evolution of the Methodology for Quantifying Federal Reserved Instream Water Rights for American Indian Tribes |
50 Environmental Law 205 (Winter, 2020) |
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular; Search Snippet: ...Indian tribes are well documented. [FN10] Water rights reserved for Indian tribes are based upon the treaties, executive orders, congressionally ratified agreements, and other operative documents that were negotiated between the United States and each Indian Tribe for the creation of Indian reservations. [FN11] Although these documents are invariably silent regarding water... |
2020 |
|
| Ilias Bantekas |
The Human Rights and Developmental Dimension of Investment Laws: from Investment Laws with Human Rights to Development-oriented Investment Laws |
31 Florida Journal of International Law 339 (Spring, 2020) |
Domestic investment laws are classified in this Article as strong, moderate, and weak in terms of their relevance for the protection of human rights and the promotion of developmental goals. This Article suggests that if human rights and development are to find a stable place in the global investment architecture, a radical departure from the; Search Snippet: ...Protection of Investments, art. XV, Cooperation and Facilitation Investment Agreement between the... |
2020 |
|
| Kathleen Claussen |
The International Claims Trade |
41 Cardozo Law Review 1743 (June, 2020) |
Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against; Search Snippet: ...model BITs of the following states: Serbia Model Bilateral Investment Treaty art. 8 (2014) |
2020 |
|
| Jackson Bowker |
The Issue of Condemning State-owned Property Pursuant to the Natural Gas Act: in re Penneast |
41 Energy Law Journal 403 (2020) |
I. Introduction. 403 II. Background. 406 A. The Right of Eminent Domain Under the Natural Gas Act. 406 B. The Eleventh Amendment and Sovereign Immunity. 407 C. The PennEast Pipeline Eminent Domain Action. 409 III. Analysis. 411 A. Third Circuit Holds NGA Does Not Abrogate the Eleventh Amendment. 412 B. Third Circuit Finds Powerful Reasons to; Search Snippet: ...an attempt to avoid the high threshold of claiming Alaska's sovereignty had been abrogated with unmistakable clarity by statute, the tribes instead argued that Congress effectively delegated to the tribes the federal government's authority to sue states in federal court... |
2020 |
|
| Astghik Hairapetian |
The Last Resort: Tourism Development on Garífuna Territories in Honduras Through the Lens of Structural-dynamic Intersectionality |
67 UCLA Law Review 1224 (November, 2020) |
This Comment analyzes the gaps in protection the Garífuna have experienced both in the Inter-American Court of Human Rights (IACHR) and the U.S. asylum system, taking two cases as case studies. It argues that, in the face of increasing tourism development, the Afroindigenous Garífuna community is positioned at an intersection between the structures; Search Snippet: ...Although Article 21 does not require the victims to be indigenous, Article 29(b) of the ACHR establishes the interrelation between the ACHR and other treaties to which the State is party, thus allowing reading the particular rights of indigenous peoples into the protections of Article 21. Id. ¶ 57... |
2020 |
|
| Noah Kupferberg |
The Law of First Contact: Did Captain Cook Commit Crimes in Hawai'i? |
42 University of Hawaii Law Review 101 (Spring, 2020) |
In our highly interconnected world, in a time of international tension, it is helpful to consider how we got here. What happened during our first contacts with one another over the past 500 years, and what do these incidents teach us about our present and possible future relationships? This article considers perhaps the most famous of first; Search Snippet: ...be the context for discussion. Haunani-Kay Trask, From a Native Daughter: Colonialism and Sovereignty in Hawai'i 38-39 (1999). . George Gilbert, an 18... |
2020 |
|
| Matthew L.M. Fletcher |
The Law of Genocide and Indigenous Peoples |
77 National Lawyers Guild Review 38 (Spring, 2020) |
Book Review: Laurelyn Whitt and Alan W. Clarke, North American Genocides: Indigenous Nations, Settler Colonialism, and International Law (Cambridge U. Press, 2019). In the mid-20th century, state governments--enabled by the United States federal government--removed 25 to 35 percent of American Indian children from their families and placed them; Search Snippet: ...would never have participated. So we'll never know. The Menominee Tribe's restoration began, not with Congress, but with the Supreme Court in 1968, which recognized that the tribe's treaty rights to hunt and fish remained. Congress did eventually restore... |
2020 |
|
| Bain Attwood |
The Limits of the Law in Claiming Rights to Land in a Settler Colony: South Australia in the Early-to-mid Nineteenth Century |
38 Law and History Review 631 (November, 2020) |
In the closing decades of the twentieth century, as indigenous peoples in the United States, Canada, Australia, and New Zealand increasingly filed legal suits to regain their lands or win compensation for lands that they had lost, scholars increasingly devoted themselves to the task of explaining the ways in which European powers had laid claim to; Search Snippet: ...legal resources of various kinds in order to ensure that native rights of property in land could not be countenanced by... |
2020 |
|
| Julia L. Ernst |
The Mayflower Compact: Celebrating Four Hundred Years of Influence on U.s. Democracy |
95 North Dakota Law Review Rev. 1 (2020) |
In the Name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc. Having undertaken, for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the; Search Snippet: ...as an emissary between the settlers and the nearby Wampanoag tribe, led by Chief Massasoit, who entered into a peace treaty with the colonists and engaged in a relatively longstanding, mutually... |
2020 |
|
| Christine Bell |
The Mending Wall |
27 Indiana Journal of Global Legal Studies 41 (Spring, 2020) |
I will begin my reaction to the book somewhat poetically, initially presenting on the one-hand, the reductionist version of Hans Lindahl's book, and then moving to discuss some of the quibbles and questions I had. Finally, the review will end with a brief reflection on how it connects to my work, which is where I see a more major challenge. I do; Search Snippet: ...the Lakota Sioux people. It reads as follows: Lakota Sioux Indian representatives declared sovereign nation status today in Washington D.C. following Monday's withdrawal from all previously signed treaties with the United States Government. The withdrawal, hand delivered to... |
2020 |
|
| |
The Missing and Murder of Indigenous Women and Girls: New Policies on an Enduring Crisis |
56 Criminal Law Bulletin ART 1 (2020) |
Dr. Fox is an Associate Professor in the School of Criminology & Criminal Justice at Arizona State University. She earned a Ph.D. in Sociology and Criminology & Law from the University of Florida. She acknowledges and expresses sincere thanks to the following people who provided valuable substantive feedback on earlier manuscript drafts: Debbie; Search Snippet: ...Jurisdictional differences also impact the measurement of Indigenous victimization. Tribal sovereignty refers generally to the right of all federally-recognized Tribal Nations to self-governance, and state-recognized Tribes have self-governance from states. Sovereignty includes self-governance over... |
2020 |
|
| Michelle Rourke , Sam Halabi , Gian Luca Burci , Rebecca Katz |
The Nagoya Protocol and the Legal Structure of Global Biogenomic Research |
45 Yale Journal of International Law 133 (Winter, 2020) |
I. Introduction. 134 A. Agriculture and Nutrition. 136 B. Human Health and Medicine. 138 1. HIV/AIDS. 138 2. Influenza. 140 3. Tuberculosis. 141 II. Sequencing the World: The Next Generation of International Research Collaborations for Human Health and Nutrition. 143 A. The Proliferation of Genetic Sequencing Technologies and Collaborative; Search Snippet: ...benefits. [FN129] Countries adopting legislation or regulation pursuant to the treaty ensure that access to any genetic resources within the territory... |
2020 |
|