AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
William P. Stork, Jordan Beumer Sovereign Citizens in South Carolina 30-JAN South Carolina Lawyer 42 (January, 2019) It appears to be a normal Monday morning when you arrive to the office. While you wait for the first pot of coffee to brew, you open the mail received over the weekend. Nestled amongst the bills and usual correspondence is a pleading that is unrecognizable and unintelligible. The body of the pleading makes reference to various Uniform Commercial... 2019  
Anthony J. Zucchero, Warren Thomas Sovereign Immunity: a "Get out of Jail Free" Card for State Patent Owners at the Ptab? 18 Chicago-Kent Journal of Intellectual Property 76 (6/4/2019) The America Invents Acts (AIA) introduced new post-grant proceedings, including the inter partes review (IPR), designed to stem the tide of rising patent litigation costs and address perceived deficiencies in patent quality. IPRs allow third parties to challenge the validity of claims in an issued patent in view of printed publications and... 2019  
Brent D. Chicken, Amanda J. Dick Sovereign Lands 5 One J: Oil and Gas, Natural Resources, and Energy Journal 273 (September, 2019) C1-2Table of Contents I. Introduction. 273 II. Federal Regulatory Developments. 274 A. Amendments. 274 B. New Rules. 275 III. Judicial Developments. 276 A. Applications to Drill on Public Lands. 276 B. Inspections of Lease Sites on Private Lands. 278 2019  
Amir Shachmurove Sovereign Speech in Troubled Times: Prosecutorial Statements as Extrajudicial Admissions 86 Tennessee Law Review 403 (Winter, 2019) Well, that's what I'm a-saying; all kings is mostly rapscallions, as fur as I can make out. --Mark Twain I. Introduction. 406 II. Snapshots: Jumbled Rules and Manufactured Standards. 409 A. Olive. 409 B. Nicky. 411 C. Forbes. 412 1. Phantom Immunity. 413 2. Altered Notes. 414 3. Circuit's View. 415 III. State of the Law. 415 A. Prelude. 415 1.... 2019  
David Kearns Sovereignty and Common Law Judicial Office in Taylor's Case (1675) 37 Law and History Review 397 (May, 2019) In Michaelmas term 1675, John Taylor appeared before the Court of King's Bench, the highest common law court in England. Taylor was a farmer, and during the Interregnum had been a preacher. He was accused of having declared before three other men in Guildford, in the county of Surrey, that religion was a cheat, and that Christ was a whoremaster... 2019  
Bruce G. Carruthers, Melike Arslan Sovereignty, Law, and Money: New Developments 15 Annual Review of Law and Social Science 521 (2019) legal tender, monetary standards, valuation, money laundering, counterfeiting, Bitcoin Money has remained closely connected to political sovereignty even as polities changed from empires and kingdoms to dictatorships and democracies, and as money shifted from coin to paper and now to digital currency. Money constitutes a claim on value in exchange... 2019  
Stacey A. Tovino State Benchmark Plan Coverage of Opioid Use Disorder Treatments and Services: Trends and Limitations 70 South Carolina Law Review 763 (Spring, 2019) I. Introduction. 764 II. Background Information Regarding Opioid Use Disorder. 767 III. Mental Health Parity Law & Mandatory Mental Health and Substance Use Disorder Law. 772 IV. Discussion of State Benchmark Plans. 782 A. Only One State Took Advantage of the Opportunity Which the 2018 Final Regulations Presented to Improve Opioid Use Disorder... 2019  
Lieutenant Colonel Jimmy Gutzman State Responsibility for Non-state Actors in Times of War: Article Vi of the Outer Space Treaty and the Law of Neutrality 80 Air Force Law Review 87 (2019) I. Introduction. 89 II. State Responsibility for Non-State Actors Under General International Law and International Space Law. 91 A. State Responsibility Under General International Law. 92 B. State Responsibility Under International Space Law. 94 1. State Responsibility for Non-State Actors in the Outer Space Treaty. 94 2. State Responsibility for... 2019  
Connor J. Hansen Taking Patent Rights: Sovereign Immunity & the Fourteenth Amendment in Patent Validity & Inventorship Challenges 100 Journal of the Patent and Trademark Office Society 619 (2019) L1-3Contents L1I. L2Introduction. L3620 L1II. L2The Entitlement To Patent Rights, The Process of Obtaining Them & The Processes for Challenging Granted Patents. L3623 A. Obtaining & Owning Patent Rights: Proving Statutory Minimum Standards & Assigning Patent Rights. 624 B. Challenging Patents: Federal Court & PTO Procedures. 625 1. Actions in... 2019  
Alan O. Sykes The Economic Structure of International Investment Agreements with Implications for Treaty Interpretation and Design 113 American Journal of International Law 482 (July, 2019) This Article argues that international investment agreements (IIAs) serve a dual economic function--to discipline host country policies that impose international externalities on foreign investors, and to curtail inefficient risks associated with agency costs, risk aversion, asymmetric information, and time inconsistency problems that... 2019  
Anton N. Didenko , Ross P. Buckley The Evolution of Currency: Cash to Cryptos to Sovereign Digital Currencies 42 Fordham International Law Journal 1041 (April, 2019) In 2009, Bitcoin created a world-first decentralized alternative currency that has spawned over 1,700 imitations by private parties. In 2018, governments finally joined the race, as Venezuela issued a world-first sovereign digital currency. Major economies like Canada, China, Singapore and the United Kingdom are all developing their own versions.... 2019  
John D. Leshy The Interaction of U.s. Public Lands, Water, and State Sovereignty in the West: a Reassessment and Celebration 41 Public Land & Resources Law Review Rev. 1 (2019) I. Introduction. 1 II. Establishing the National Forests. 4 III. The Other Side of a Grand Bargain: Federal Water Projects. 11 IV. The Grand Bargain Was Thoroughly Bipartisan. 13 V. State-Federal Authority Over Water Rights. 15 VI. Indian Tribes and Their Water Rights. 18 VII. Resolving State-Federal Tensions Over Water Rights. 19 VIII. Montana's... 2019  
Donald H. Stone The Least Restrictive Environment for Providing Education, Treatment, and Community Services for Persons with Disabilities: Rethinking the Concept 35 Touro Law Review 523 (2019) Persons with disabilities seek acceptance and connection in society. From individuals with mental illness, children with intellectual disabilities, and wheelchair users, all desire integration rather than isolation, mainstreaming rather than segregation. In fact, the American with Disabilities Act of 1990 (hereinafter ADA), the landmark civil... 2019  
Luis Gil Abinader , Jorge L. Contreras The Patentability of Genetic Therapies: Car-t and Medical Treatment Exclusions Around the World 34 American University International Law Review 705 (2019) I. INTRODUCTION. 707 II. CAR-T AND GENETIC THERAPIES. 709 A. Overview of CAR-T Therapy. 709 B. Regulatory Approval of Gene and Cell Therapies. 712 1. U.S. Regulatory Framework for Gene Therapies. 712 2. EU Regulatory Framework for Gene Therapies. 714 3. Recent CAR-T Regulatory Approvals. 715 C. The Patenting of CAR-T. 718 II. PATENT EXCLUSIONS FOR... 2019  
  The Sovereign Self-preservation Doctrine in Environmental Law 133 Harvard Law Review 621 (December, 2019) Federal, state, and tribal sovereignties comingle in our compound republic of America. Imagine that one of these sovereigns, or its citizens, threatens the health or safety of its neighbor. How may the jeopardized neighbor protect itself? The law has an answer to this question--well, four answers. The Supreme Court has developed four separate... 2019  
Jessica C. Robinson The Unseen Forms of Violence Against Women: Why Psychological Abuse must Be Treated as a Criminal Offense 18 Appalachian Journal of Law 75 (2018/2019) On Monday, December 26, 2016, Sheri Shermeyer, a 40-year-old mother, was found by the Pennsylvania State Police in her home in Glen Rock, Pennsylvania, dead from a gunshot wound to her head. Shermeyer had suffocated her 1-year-old son, John Shermeyer, before she killed herself. Two hours prior to the police finding the bodies of Shermeyer and her... 2019  
Eric Loefflad The World Revolutionary Origins of the Crime of Aggression: Sovereignty, (Anti-)Imperialism, and the Soviet Union's Contradictory Geopolitics of Global Justice 12 Unbound: Harvard Journal of the Legal Left Left 1 (2019) Despite the importance of Soviet influences in developing an international legal basis for holding individuals criminally liable for planning and waging aggressive war at Nuremberg, relatively little research has been done on this innovation's place within the broader Soviet agenda. In addressing this gap, this article provides a multifaceted... 2019  
Sam Halabi Viral Sovereignty, Intellectual Property, and the Changing Global System for Sharing Pathogens for Infectious Disease Research 28 Annals of Health Law and Life Sciences 101 (Winter, 2019) Access to biological samples is crucial to the research and development process that leads to diagnostics, therapeutics, and vaccines to address new and reemerging infectious diseases. Biological samples provide raw data about the pathogen, allow researchers to analyze the evolution of the pathogen, and to understand the mechanisms of replication... 2019  
Nanci K. Carr, J.D. Was Allergan's Patent-housing Agreement in Exchange for Sovereign Immunity a "Sham to Subvert the Existing Intellectual Property System?" 46 Rutgers Law Record 31 (2018-2019) Allergan plc was fighting to protect its patents from potential infringers and to delay generic knockoffs in order to maintain its monopoly on Restasis, an eye medication generating in excess of $1.2 billion dollars annually. The Saint Regis Mohawk tribe was not generating enough revenue from its casino to support its $50 million annual budget. The... 2019  
Reuven S. Avi-Yonah , Haiyan Xu A Global Treaty Override? The New Oecd Multilateral Tax Instrument and its Limits 39 Michigan Journal of International Law 155 (Spring, 2018) On June 7, 2017, seventy-six countries met in Paris for the official signing of a new multilateral tax instrument (MLI). The text and commentary of the MLI were published in November 2016 by the Organization for Economic Cooperation and Development (OECD). The OECD stated: The Multilateral Convention to Implement Tax Treaty Related Measures to... 2018  
Derek Warden A Helping Hand: Examining the Relationship Between (1) Title Ii of the Ada's Abrogation of Sovereign Immunity Cases and (2) the Doctrine of Qualified Immunity in §1983 and Bivens Cases to Expand and Strengthen Sources of "Clearly Established Law" in Civil 29 George Mason University Civil Rights Law Journal 43 (Fall, 2018) Civil rights litigation is often primarily focused on the statute, 42 U.S.C. § 1983. However, there are a plethora of other statutes and doctrines that apply to protect civil rights. For example, Title VII protects people from discrimination in employment on the basis of race, color, religion, sex, or national origin. Section 1981 prohibits... 2018  
David Lempert, Ph.D., J.D., M.B.A., E.D. (Hon), superlemp@yahoo.com A Treatise on International Development Law 11 DePaul Journal for Social Justice Just. 1 (Winter, 2018) Abstract: This article presents an overview of the first legal treatise on international development law, summarizing the codification of international law that the author has developed to hold donors and non-governmental organizations (NGOs) in international development to their own (international and legal and professional) standards and... 2018  
Kate Gunn Agreeing to Share: Treaty 3, History & the Courts 51 U.B.C. Law Review 75 (January, 2018) In 2014, the Supreme Court of Canada opened its landmark judgment in Grassy Narrows with the statement that, upon entering into Treaty 3 in 1873, the Ojibway yielded ownership of their territory to the Government of the Dominion of Canada in exchange for reserve lands, payments, and certain limited rights on nonreserve lands in 1873. The... 2018  
Vern Norviel, Charles Andres, Xiaozhen “Shawn” Yu All Patents Are Not Created Equal 10 Landslide 15 (January/February, 2018) The America Invents Act (AIA) created new US post-grant patent challenge proceedings--including inter partes review (IPR). Conducted in the United States Patent and Trademark Office (USPTO), post-grant challenges are adjudicated by administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB). Post-grant challenges have proved... 2018  
Jordan Smith An Examination of the Need for Campaign Finance Reform Through the Lens of the United States Treaty Clause and Environmental Protection Treaties 43 William and Mary Environmental Law and Policy Review 299 (Fall, 2018) The United States' federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and... 2018  
Peter Margulies Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration 2018 Michigan State Law Review Rev. 1 (2018) C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... 2018  
David Todd Beneath Sovereignty: Extraterritoriality and Imperial Internationalism in Nineteenth-century Egypt 36 Law and History Review 105 (February, 2018) At 11:00 a.m. on September 2, 1873, to enforce a decision from the Cairo Majlis al-Tujjr (commercial tribunal), a dozen Egyptian police officers affixed seals on a beerhouse in the city's Azbakeya gardens. For two years, the beerhouse's leaseholder, Joseph Escoffier, and, after his death in December 1871, his widow Delphine, née Golf, had refused... 2018  
Kevin E. Noonan , Andrew W. Torrance Biotechnology Patent Law Top Ten of 2018 Broad Wins, Sovereignty Loses, and Patent Dance 52 Akron Law Review 637 (2018) Abstract. 639 I. Introduction. 640 II. The 2018 Top Ten in Biotechnology Patent Law. 641 A. Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. (Fed. Cir. 2018) (Panel: Circuit Judges Newman, Dyk, and Taranto; opinion by Judge Taranto; dissenting opinion by Judge Newman).. 641 B. Berkheimer v. HP Inc. (Fed. Cir. 2018) (Panel: Circuit Judges... 2018  
Erika George , Elizabeth Thomas Bringing Human Rights into Bilateral Investment Treaties: South Africa and a Different Approach to International Investment Disputes 27 Transnational Law & Contemporary Problems 403 (Summer, 2018) I. Introduction. 404 II. Global South-South Cooperation: The Evolution of an African-Asian Alliance. 409 A. The Emergence of an African-Asian Economic Alliance. 409 B. The Role of BITs in International Investment Systems. 416 C. China's Evolving Approach to BITs. 417 D. South Africa's Evolving Approach to BITs. 419 E. The South African Development... 2018  
Katherine Sochacki Cedaw and Treaty Compliance: Promoting Access to Modern Contraception 51 Vanderbilt Journal of Transnational Law 659 (March, 2018) Modern contraception is widely recognized as a crucial component of family planning services and is recognized as a reproductive right under international human rights law. However, unmet need for contraception remains high, as many women in the developing world lack access to family planning services. This Note examines the role of the Committee... 2018  
Martha G. Vázquez Clipping the Wings of Industry: Uncertainty in Interpretation and Enforcement of the Migratory Bird Treaty Act 74 Washington and Lee Law Review Online 281 (4/2/2018) C1-3Table of Contents I. Introduction. 282 II. The Migratory Bird Treaty Act. 287 A. The Birth of the Migratory Bird Treaty Act. 287 B. The Migratory Bird Treaty Act. 289 1. Construction of the Migratory Bird Act. 291 2. The Problem with Taking. 294 C. Modern Threats and Modern Industry. 295 III. Current Legal Landscape. 299 A. Judicial... 2018  
Philip G. Dabbagh Compacts of Free Association-type Agreements: a Life Preserver for Small Island Sovereignty in an Era of Climate Change? 24 Hastings Environmental Law Journal 431 (Summer, 2018) One of the most existential threats posed by climate change is the threat posed to the number of small island states scattered around the world's oceans. Given the fact that many of these countries are low-lying and have average elevations in the single digit of meters, sea level rise of even a few meters over the coming decades and centuries runs... 2018  
Paul B. Stephan Competing Sovereignty and Laws' Domains 45 Pepperdine Law Review 239 (February, 2018) We live in a world of multiple sovereignties. Many think of nation-states as the principal sovereign actors, but sovereign substates and international institutions created by states also hold sway. Each claims a domain, an area (spatial, temporal, conceptual) over which it rules. Ruling includes adopting and applying law. When domains overlap, laws... 2018  
Venetia Argyropoulou Convergence and Divergence Between International Investments Law and Human Rights Law, in the Context of the Greek Sovereign Debt Restructuring 11 Journal of Business, Entrepreneurship and the Law 165 (2018) Abstract. 166 I. Sovereign Debt Default and International Investment Treaties. 167 II. Sovereign Debt Default and Human Rights. 168 III. The Factual Background of the Greek Default. 170 A. The Greek Financial Crisis. 170 1. The Economic Situation in Greece. 170 B. GGB's Spreads, 1993-2011. 171 1. The Way to the Haircuts. 173 i. The First Haircut.... 2018  
Sadie Blanchard Courts as Information Intermediaries: a Case Study of Sovereign Debt Disputes 2018 Brigham Young University Law Review 497 (2018) It's well known there's always two sides, if no more; else who'd go to law, I should like to know? --George Eliot, Middlemarch (1872) When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment.... 2018  
Kevin M. Clermont Degrees of Deference: Applying Vs. Adopting Another Sovereign's Law 103 Cornell Law Review 243 (January, 2018) Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors' obligatory application of state law and their voluntary adoption of state law as federal law. This Article's thesis is that this significant distinction holds in all other situations where a sovereign employs another's law: not only in the analogous... 2018  
Sherod Thaxton Disentangling Disparity: Exploring Racially Disparate Effect and Treatment in Capital Charging 45 American Journal of Criminal Law 95 (Spring, 2018) One hundred and thirty years ago, in Yick Wo v. Hopkins, the U.S. Supreme Court ruled that racially discriminatory enforcement of facially-neutral laws violated defendants' equal protection rights. Since then, a voluminous body of research has documented persistent and unjustified racial disparities in charging and sentencing. Yet not a single... 2018  
Matthew C. Canfield Disputing the Global Land Grab: Claiming Rights and Making Markets Through Collaborative Governance 52 Law and Society Review 994 (December, 2018) As transnational movements contest economic inequalities and demand inclusion into global decision-making processes, new models of collaborative governance have proliferated. Promoters of this new mode of governance suggest that it can produce win-win solutions through inclusive, consensus-based processes, if these arenas of governance account... 2018  
Qingxiu Bu Extraterritorial Jurisdiction Vis-à-vis Sovereignty in Tackling Transnational Counterfeits: Between a Rock and a Hard Place? 100 Journal of the Patent and Trademark Office Society 69 (2018) Transnational counterfeiting has grown tremendously with the increasing interdependence of global economy. The process of illicit financial flow has outpaced the growth of mechanisms for global governance, and the resultant deficiency produces regulation vacuum where the cross-border crime can thrive. It is very necessary to consider the effect of... 2018  
30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47