| Author | Title | Citation | Summary | Year | Key Terms |
| |
Marijuana Legalization in the United States: State v. Tribal Sovereignty |
52 Criminal Law Bulletin ART 5 |
Angela graduated with a J.D. from the University of Massachusetts School of Law in May 2016. Special thanks to Professors Kevin Connelly and Spencer Clough for their guidance and patience, and a very special thank you to Alex White Plume for inspiring this research. |
2019 |
Yes |
| Sean P. Belding |
Monetizing Tribal and State Sovereign Immunity in Patent Law: an Attempt to Neutralize the Patent Death Squad |
26 Journal of Intellectual Property Law L. 1 (Spring, 2019) |
On September 8, 2017, Allergan announced the assignment of six of its patents to the St. Regis Mohawk Tribe. These six patents protected Allergan's exclusivity over the blockbuster drug RESTASIS and were at risk of invalidity due to an inter partes review proceeding. In return for substantial monetary consideration, the Mohawk Tribe granted... |
2019 |
Yes |
| Ridge Howell |
Overlooking Canon: How the Alabama Supreme Court Used a Footnote to Disregard Tribal Sovereign Immunity in Wilkes v. Pci Gaming Authority |
43 American Indian Law Review 437 (2019) |
The Poarch Band of Creek Indians--unsuccessfully--petitioned for a writ of certiorari to the Supreme Court following an Alabama Supreme Court decision against it. In Wilkes v. PCI Gaming Authority, a decision proving disastrous for tribes across the country, the Alabama high court rejected the time-honored doctrine of tribal sovereign immunity. The... |
2019 |
Yes |
| John Mixon |
Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review |
93 Saint John's Law Review 233 (2019) |
From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... |
2019 |
Yes |
| John Mixon |
Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review |
93 Saint John's Law Review 233 (2019) |
From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... |
2019 |
Yes |
| Christopher B. Phillips |
Patently Unjust: Tribal Sovereign Immunity at the U.s. Patent Office |
92 Southern California Law Review 703 (March, 2019) |
C1-2TABLE OF CONTENTS INTRODUCTION. 704 I. SOVEREIGN IMMUNITY. 708 A. Tribal Sovereign Immunity. 709 1. Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.. 710 2. Michigan v. Bay Mills Indian Community. 711 3. Upper Skagit Indian Tribe v. Lundgren. 713 B. State Sovereign Immunity. 714 1. Florida Prepaid Postsecondary Education Expense... |
2019 |
Yes |
| Lucas Paez |
Reviewing St. Regis: Unresolved Issues at the Intersection of Tribal Sovereign Immunity and Patent Law |
21 Vanderbilt Journal of Entertainment and Technology Law 1125 (Summer, 2019) |
In July 2018, the Federal Circuit ruled that sovereign immunity does not circumvent an inter partes review brought by the Patent Trial and Appeal Board. By deciding against the tribe in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals (St. Regis), the court determined that inter partes reviews are adjudicatory proceedings brought by the United... |
2019 |
Yes |
| Katrina Grace Geddes |
Sovereign Immunity for Rent: How the Commodification of Tribal Sovereign Immunity Reflects the Failures of the U.s. Patent System |
29 Fordham Intellectual Property, Media and Entertainment Law Journal 767 (Spring, 2019) |
Last year, a Fortune 500 pharmaceutical company attempted to rent the sovereign immunity of an American Indian tribe in order to shield its patents on a dry-eye drug from invalidation by generic competitors in inter partes review. Pharmaceutical firms are notorious for pursuing unconventional methods to extend the duration of their patents and, in... |
2019 |
Yes |
| Gregory Ablavsky |
Sovereign Metaphors in Indian Law |
80 Montana Law Review 11 (Winter, 2019) |
The status of Native nations under federal law, the Supreme Court has repeatedly stated, is unique. The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence, Chief Justice Marshall announced in Cherokee Nation v. Georgia; it was marked by peculiar and cardinal distinctions which... |
2019 |
Yes |
| Andrea M. Seielstad |
The Need for More Exacting Assessment of the Individual Rights and Sovereign Interests at Stake in Federal Court Interpretation of "Detention" under the Indian Civil Rights Act's Remedy of Habeas Corpus |
14 Tennessee Journal of Law and Policy 63 (Summer, 2019) |
Pursuant to its federally-recognized plenary power over Indian affairs, Congress enacted the Indian Civil Rights Act in 1968 as a major civil rights initiative aimed at filling the gap in civil rights enforcement within tribal communities. Its aim was to bind tribes, who otherwise are not accountable to the protections of the United States... |
2019 |
Yes |
| Jason Zenor |
Tribal (De)termination? Co Native American Imagery and Cultural Sovereignty |
48 Southwestern Law Review 81 (2019) |
The U.S. Supreme Court ruled in Matal v. Tam that the disparagement clause in the Lanham Act was unconstitutional. This case was just another in a line of commercial speech cases to expand the rights of corporations. This ruling also further limits the legal options for tribes to protect their cultural identity from exploitation. In response, this... |
2019 |
Yes |
| Rebecca Tsosie |
Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty" |
80 Montana Law Review 229 (Summer, 2019) |
There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be... |
2019 |
Yes |
| Brianne Marino Glass |
Tribal Lending under Cfpb Enforcement: Tribal Sovereign Immunity and the "True Lender" Distinction |
23 North Carolina Banking Institute 401 (March, 2019) |
Tribal sovereign immunity is an important protection that enables Indian tribes and their entities to regulate their own affairs in a way that benefits the tribe and its members. In recent years, however, this sovereign immunity structure has become prone to abuse within the payday lending industry as some non-tribal lenders have established links... |
2019 |
Yes |
| |
Tribal Sovereign Immunity Overcomes Bankruptcy Code Abrogation |
28 Norton Journal of Bankruptcy Law and Practice Art. 5 (12/1/2019) |
Principal shareholder of Rosen & Associates, P.C., New York |
2019 |
Yes |
| Cody Wilson |
Tribal Sovereignty and Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not |
72 SMU Law Review 351 (Spring, 2019) |
[A]T gambling, the deadly sin is to mistake bad play for bad luck. Native American tribes should keep those words in mind following the decision issued by the Unites States Court of Appeals for the Ninth Circuit in State of California v. Iipay Nation of Santa Ysabel. In that case, the Ninth Circuit addressed an issue of first impression, holding... |
2019 |
Yes |
| |
United States-crow Treaty--federal Indian Law-- Indian Plenary Power Doctrine--herrera v. Wyoming |
133 Harvard Law Review 402 (November, 2019) |
As the United States expanded and its territories received statehood, questions naturally emerged about how the nature of relationships between the territories and Indian tribes on those lands would change. These questions were complicated by a changing perspective on the inherent sovereignty of Indian Tribes and how that informed what the courts... |
2019 |
Yes |
| Jason Mitchell |
Unoccupied: How a Single Word Affects Wyoming's Ability to Regulate Tribal Hunting Through a Federal Treaty; Herrera v. Wyoming |
19 Wyoming Law Review 271 (2019) |
I. Introduction. 272 II. Background. 274 A. The Second Treaty of Fort Laramie. 274 B. Precedent Implicated in the Treaty's Interpretation. 275 1. Ward v. Race Horse. 275 2. Crow Tribe of Indians v. Repsis. 277 3. Minnesota v. Mille Lacs Band of Chippewa Indians. 278 III. Wyoming State District Court Opinion. 280 A. Procedural Posture. 280 B. Issue... |
2019 |
Yes |
| Caesar Kalinowski IV |
A Legal Response to the Sovereign Citizen Movement |
80 Montana Law Review 153 (Summer, 2019) |
A little knowledge is a dangerous thing. It may also prove costly. In early 2016, armed antigovernment protesters led by Ammon Bundy occupied the Malheur National Wildlife Refuge in Harney County, Oregon, to challenge the federal government's control over public lands. By February, federal and state law enforcement officers had arrested or killed... |
2019 |
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| James Andrew Black |
A New Custom Thickens: Increased Coastal State Jurisdiction Within Sovereign Waters |
37 Boston University International Law Journal 355 (Summer, 2019) |
History reveals . the difficulties of resolving conflicts of laws as between the law of the flag which governs ships and the law of the coastal State which governs offshore zones. Jurisdiction over foreign vessels operates on a sliding scale of authority. This power fluctuates between coastal States and flag States--the State where a vessel is... |
2019 |
|
| Allison Hugi |
A New Weight on the Scale: Strengthening International Human Rights Law by Relying on Treaties in Us Asylum Cases |
17 Santa Clara Journal of International Law L. I (4/29/2019) |
This Article examines the role that domestic asylum cases in the United States can play in improving countries' compliance with international human rights law. Using Australia, Canada, and the UK as case studies, it advocates for the domestic asylum process in the US to consider the status of international human rights treaties in the home... |
2019 |
|
| Alejandro Madrazo |
A Sovereign People: How Revolution Undermines the Rule of Law in Mexico |
37 Boston University International Law Journal 123 (Spring, 2019) |
The article is a comparative study in constitutional culture. It traces the genealogy of popular sovereignty in Mexico. Following the evolution and uses of the constitutional clause establishing a right to revolution as an entry point, the article explores the intersection between the concepts of revolution and constitution in Mexico. The article... |
2019 |
|
| Timothy Dill |
A Test of Sovereignty: Franchise Tax Board of the State of California v. Gilbert P. Hyatt |
14 Duke Journal of Constitutional Law & Public Policy Sidebar 129 (4/30/2019) |
In Franchise Tax Board of California v. Hyatt, the Supreme Court considers whether to overrule Nevada v. Hall, a 1979 Supreme Court decision. Hall permitted a State to be haled into the court of another State without its consent. In 2016, an evenly divided Supreme Court affirmed Hall 4-4 when faced with the same question, and following a remand to... |
2019 |
|
| John W. Head |
Addressing Global Challenges Through Pluralistic Sovereignty: a Critique of State Sovereignty as a Centerpiece of International Law |
67 University of Kansas Law Review 727 (May, 2019) |
Editor's Note: In this Article by KU Law faculty member John Head, we join global issues with Kansas issues. Professor Head explores a central concept of international law--the concept of sovereignty, as exercised by nation-states-- with an eye to urging legal reforms that will help address global challenges that have special relevance to our own... |
2019 |
|
| David V. Williams, University of Auckland |
Alison Quentin-baxter and Janet Mclean, this Realm of New Zealand: the Sovereign, the Governor-general, the Crown (Auckland: Auckland University Press, 2017). Pp. Xi + 356. Nzd $65.00 (Hardcover). Isbn: 9781869408756 |
59 American Journal of Legal History 141 (March, 2019) |
The Commonwealth of Nations is a voluntary association of 53 sovereign independent states almost all of which were once members of an indivisible Empire under the British Crown. Most members of the Commonwealth are constituted as republics, but there remain 16 Realms with Queen Elizabeth II as the Sovereign head of state. Though having the same... |
2019 |
|
| Christopher Tomlins, Berkeley Law, University of California |
Archiving Sovereignty: Law, History, Violence. By Stewart Motha. Ann Arbor: University of Michigan Press, 2018 |
53 Law and Society Review 611 (June, 2019) |
Archiving Sovereignty has been maturing in Stewart Motha's mind for more than a decade. The book is the culmination of 20 years of research--virtually his entire academic career, to date--but took form primarily after a return visit in 2009 to Colombo, Sri Lanka, where Motha was born and where he spent his childhood before moving to Australia in... |
2019 |
|
| Maria Adele Carrai |
China's Malleable Sovereignty along the Belt and Road Initiative: the Case of the 99-year Chinese Lease of Hambantota Port |
51 New York University Journal of International Law & Politics 1061 (Summer, 2019) |
I. Introduction. 1062 II. Hambantota Port: A Strategic Pearl along the Maritime Silk Road. 1067 III. Hambantota Concession Agreement and the Legacies of Colonialism. 1075 IV. Sovereignty and the 99-year Lease Agreement of Hambantota. 1086 V. Conclusion. 1097 |
2019 |
|
| Lily Johnson |
Commercial Surrogacy Is the Sale of Children?: an Argument That Commercial Surrogacy Does Not Violate International Treaties |
28 Washington International Law Journal 701 (July, 2019) |
Abstract: Rates of commercial surrogacy have risen with the proliferation of in vitro fertilization. The process is unique in allowing intending parents the opportunity to raise a child of their own genetic material even if they cannot procreate through their own bodies. However, commercial surrogacy has been abused and caused physical and legal... |
2019 |
|
| Jennie Bricker |
Defining 'Indian' |
79-MAY Oregon State Bar Bulletin 28 (May, 2019) |
Columbia Park occupies 450 acres along the Columbia River in Tri-Cities, Wash. It hosts an annual event called the Water Follies, which includes a hydroplane race. On July 28, 1996, Will Thomas and Dave Deacy were wading along the river bank near Kennewick, sipping from cans of Busch Light and looking to avoid the race's entrance fee. Thomas... |
2019 |
|
| Michael C. Blumm , Jeffrey B. Litwak |
Democratizing Treaty Fishing Rights: Denying Fossil-fuel Exports in the Pacific Northwest |
30 Colorado Natural Resources, Energy & Environmental Law Review Rev. 1 (Winter, 2019) |
Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit's decision in the so-called culverts case, which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications... |
2019 |
|
| Ying Zhu |
Do Clarified Indirect Expropriation Clauses in International Investment Treaties Preserve Environmental Regulatory Space? |
60 Harvard International Law Journal 377 (Summer, 2019) |
The last twenty years have witnessed a number of investor-state disputes in which investors claimed host states' environmental regulations were indirect expropriations of foreign investments, resulting in host states paying large amounts of compensation to foreign investors. To preserve the regulatory space of host states, in the past decade,... |
2019 |
|
| Arlene S. Kanter |
Do Human Rights Treaties Matter: the Case for the United Nations Convention on the Rights of People with Disabilities |
52 Vanderbilt Journal of Transnational Law 577 (May, 2019) |
In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties... |
2019 |
|
| Uche Ewelukwa Ofodile |
Emerging Market Economies and International Investment Law: Turkey-africa Bilateral Investment Treaties |
52 Vanderbilt Journal of Transnational Law 949 (October, 2019) |
This Article offers a critical and penetrating insight into the bilateral investment treaties (BITs) between Turkey and countries in Africa. Since 2003, Turkey has concluded BITs with twenty-eight countries in Africa. This Article seeks answers to some very important questions. In the BITs between Turkey and countries in Africa, is Turkey merely... |
2019 |
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| |
Federalism--state Sovereign Immunity--structural Inferences--franchise Tax Board v. Hyatt |
133 Harvard Law Review 362 (November, 2019) |
The Constitution contains no textual provision addressing interstate sovereign immunity. Nonetheless, courts have been wrestling with the implications of that silence for over a century. When Gilbert Hyatt sued the Franchise Tax Board of California (FTB), a state agency, in a Nevada court, California's immunity existed at the discretion of the... |
2019 |
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| |
Fifth Amendment--double Jeopardy Clause-- Separate Sovereigns Doctrine--gamble v. United States |
133 Harvard Law Review 312 (November, 2019) |
The Double Jeopardy Clause requires that no defendant be subject to prosecution twice for the same offence. But under the separate sovereigns doctrine, the Supreme Court has long recognized a limit to the clause: a defendant's right against double jeopardy is violated only in the case of two prosecutions by the same sovereign. Because the... |
2019 |
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| David Simson |
Fool Me Once, Shame on You; Fool Me Twice, Shame on You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy |
56 Houston Law Review 1033 (Spring, 2019) |
Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory--a social... |
2019 |
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| Anthony J. Colangelo |
Gamble, Dual Sovereignty, and Due Process |
2019 Cato Supreme Court Review 189 (2018-2019) |
The Constitution's Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called dual sovereignty doctrine. This principle holds that separate sovereigns (for... |
2019 |
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| Julian Nyarko |
Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements |
113 American Journal of International Law 54 (January, 2019) |
Scholars have argued that Senate-approved treaties are becoming increasingly irrelevant in the United States, because their role can be fulfilled by their close but less politically costly cousin, the congressional-executive agreement. This study demonstrates that treaties are more durable than congressional-executive agreements, supporting the... |
2019 |
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| Dessa Reimer |
Herrera v. Wyoming |
42-DEC Wyoming Lawyer 20 (December, 2019) |
In May 2019, the U.S. Supreme Court decided Clayvin Herrera v. Wyoming, 139 S.Ct. 1686 (2019). The case is remarkable not only for its procedural history (how often do Wyoming district court decisions go up on direct appeal to the U.S. Supreme Court?), but also for its holding--that the Crow Tribe's hunting right survived Wyoming's statehood, and... |
2019 |
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| Pilar G. Mendez |
Imprisoned Hispanic/latinx Individuals Need Access to Culturally Competent Mental Health Treatment |
28 Annals of Health Law Advance Directive 157 (Spring, 2019) |
Before I built a wall I'd ask to know, What I was walling in or walling out.--Robert Frost, Mending Wall Four-in-ten Hispanic/Latinx individuals living in the United States said that they had serious concerns about their place in Trump's America after the 2016 election. One research study found that President Trump's immigration policies have... |
2019 |
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| Frank Griffin, M.D., J.D. |
Improving Health Outcomes and Lowering Costs: Attorneys as Proactive, Paid Providers Treating Social Determinants of Health |
71 Rutgers University Law Review 795 (Spring, 2019) |
Innovative and emerging value-based delivery models should include attorneys as health care team members to treat the social determinants of health. Social determinants of health (SDH) are non-medical conditions that can produce or undermine health and include basic human needs like economic status, housing, nutrition, employment, and similar... |
2019 |
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| Abigail D. Pershing |
Interpreting the Outer Space Treaty's Non-appropriation Principle: Customary International Law from 1967 to Today |
44 Yale Journal of International Law 149 (Winter, 2019) |
Introduction. 149 I. Original Interpretation of the Non-Appropriation Principle Under Customary International Law. 151 A. An Introduction to the Outer Space Treaty. 151 B. An Introduction to Customary International Law in Space. 153 C. The Original Meaning Ascribed to the Non-Appropriation Principle. 154 II. The First Shift in Customary... |
2019 |
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| Kandace Watson, Shane Killeen |
Keep an Eye on the Issue of Sovereign Immunity When Licensing State University-based Patent Rights in Light of Ericsson Inc. v. Regents of the University of Minnesota |
11 Landslide 34 (May/June, 2019) |
For 2019 and the foreseeable future, product development collaborations between universities and private industry are expected to continue; the number of university licenses executed--exclusive, options, or nonexclusive--remained consistent from 2015 to 2017. However, in light of a recent decision by the Patent Trial and Appeal Board (PTAB),... |
2019 |
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| Kelly A. Rudd |
Lewis v. Clarke, 137 S.ct. 1285 (2017) |
42-DEC Wyoming Lawyer 34 (December, 2019) |
The boundaries of the state of Wyoming encompass the Wind River Indian Reservation. There are eleven other Indian reservations within a 300-mile perimeter of the Wyoming state boundaries. Because Indian reservations are considered federal enclaves, where the application of state law has significant limitations, Federal Indian Law has often been... |
2019 |
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| Summer L. Carmack |
Loyalties and Royalties: the Osage Nation's Energy Sovereignty Plan and Wind Farm Opposition |
40 Public Land & Resources Law Review 145 (2019) |
I. Introduction. 146 II. The Richest People In the World: The History of the Osage Nation After Contact. 147 A. Discovery of Oil and Severance of the Estate: Osage Allotment Act. 148 B. Mismanagement and Poor Accounting Practices of BIA. 151 III. Wind Farm Opposition: Osage Nation's Assertion of Sovereignty and Protection of Interests. 154 A.... |
2019 |
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| Logan A. Yelderman, Justin J. Joseph, Matthew P. West, Erycha Butler, Prairie View A&M University, University of Nevada, Las Vegas, Prairie View A&M University |
Mass Shootings in the United States: Understanding the Importance of Mental Health and Firearm Considerations |
25 Psychology, Public Policy, and Law 212 (August, 2019) |
The purpose of this study was to examine whether mass shooters' media-reported mental health history and firearm access related to mass shooting severity. The current analysis included a total of 102 mass shooters in the United States between 1982 and 2018 described in media reports. Negative binomial regression analysis was used to assess if a... |
2019 |
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| Patrick G. Maroun |
More than Birds: Developing a New Environmental Jurisprudence Through the Migratory Bird Treaty Act |
117 Michigan Law Review 789 (February, 2019) |
This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to take or kill any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed... |
2019 |
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| Allan Chester B. Nadate |
Moving Forward from the Historically Incongruous Treatment of Mens Rea in Philippine Criminal Law |
20 Asian-Pacific Law and Policy Journal 90 (2019) |
L1-2Introduction . L390 I. The Contemporary Articulation of the Mala Dichotomy. 94 A. Characterizing the Dichotomy. 94 B. The Jurisprudential History of the Mala Dichotomy. 103 1. The Evolution of Case Law from Go Chico. 104 2. The Misconception as Contained in Criminal Law Commentaries. 112 II. The Incongruous Treatment of Mens Rea. 116 A. The... |
2019 |
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| Richard C. Chen |
Precedent and Dialogue in Investment Treaty Arbitration |
60 Harvard International Law Journal 47 (Winter, 2019) |
Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context. Scholarship in this area has focused on explaining the... |
2019 |
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| Maddie Boyd |
Refuge from Violence? |
29 Berkeley La Raza Law Journal L.J. 1 (2019) |
While domestic violence has been recognized as an international human rights issue, States consistently fail to meet their domestic and international obligations to adequately address and protect against domestic violence. This failure is compounded when domestic violence survivors seeking asylum face a myriad of obstacles in having their claims... |
2019 |
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| Carol Goforth |
Securities Treatment of Tokenized Offerings under U.s. Law |
46 Pepperdine Law Review 405 (April, 2019) |
This Article considers how the SEC currently approaches the question of regulating cryptoassets and ICOs. It includes a brief overview and history of cryptotransactions (including problems of terminology), and then looks at the current crypto space to consider the kinds of interests being promoted today in comparison to Bitcoin and the original... |
2019 |
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