| Author | Title | Citation | Summary | Year | Key Terms |
| Samuel J. Panarella |
A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act |
35 Virginia Environmental Law Journal 153 (2017) |
The defining characteristic shared by all migratory birds is found in the category name--migration. More than half of the 650 species of North American breeding birds migrate. Similar to migrations undertaken by other animals--including humans--bird migrations are often fraught with peril, and depending on the species of migratory bird can be... |
2017 |
|
| Matteo Godi |
A Historical Perspective on Filings by Foreign Sovereigns at the U.s. Supreme Court: Amici or Inimici Curiae? |
42 Yale Journal of International Law 409 (Summer, 2017) |
Introduction. 409 I. Precedents for Foreign Sovereign Participation: 1800s. 413 A. Indirect Participation as Claimants. 414 B. First Attempts at Direct Participation as Interveners. 417 II. Direct Participation of Foreign Sovereigns: 1900s. 420 A. Rejection of Fact-Based Participation: Of Ambassadors and Private Counsels. 421 1. An American Lawyer,... |
2017 |
|
| Thomas G. Bode |
A Modern Treaty for the Columbia River |
47 Environmental Law 81 (Winter, 2017) |
The Columbia River supports tens of millions of people in seven states and British Columbia through power generation, water supply, fishing, flood control, transportation, and other ecosystem services. Yet the river faces a number of environmental problems that negatively impact those same people. Salmon populations have collapsed, taking with them... |
2017 |
|
| Emma Hamilton |
A Relic of the past or the Future of Environmental Criminal Law? An Argument for a Broad Interpretation of Liability under the Migratory Bird Treaty Act |
44 Ecology Law Quarterly 237 (2017) |
When Emily Dickinson writes, Hope is the thing with feathers that perches in the soul, she reminds us, as the birds do, of the liberation and pragmatism of belief. The Migratory Bird Treaty Act is one of our nation's oldest environmental statutes. It was passed decades before the major environmental law renaissance of the 1970s, and is lesser... |
2017 |
|
| Nathan Witkin |
A State of the People: the Shift of Sovereignty from Territory to Citizens |
27 Transnational Law & Contemporary Problems 33 (Winter 2017) |
Abstract: Despite its popular conception, sovereignty is not an inherently territorial system. Because exclusive zones of authority may be created only through recognition by other political powers, sovereignty is the product of mutual agreements among states. Therefore, international treaties do not merely recognize the sovereignty of their... |
2017 |
|
| Nikesh Patel |
An Emerging Trend in International Trade: a Shift to Safeguard Against Isds Abuses and Protect Host-state Sovereignty |
26 Minnesota Journal of International Law 273 (Winter, 2017) |
Investor-state dispute settlement (ISDS) is a legal mechanism contained in many international trade treaties that grants an investor the right to use dispute settlement proceedings to sue host governments in an international tribunal. ISDS thus functions as an instrument of public international law providing investors protection under a given... |
2017 |
|
| Michael J. Lockman |
An Ethical Representation of Sovereign Clients in Debt Disputes |
30 Georgetown Journal of Legal Ethics 73 (Winter, 2017) |
This Article examines the unique ethical questions that arise when representing foreign states in sovereign debt disputes. Although sovereign representation has become commonplace, no existing scholarship has attempted to study the particular ethical quandaries of foreign sovereign representation. When representing a sovereign, basic assumptions... |
2017 |
|
| Paul B. Stephan |
Blocher, Gulati, and Coase: Making or Buying Sovereignty? |
66 Duke Law Journal Online 51 (January, 2017) |
Blocher and Gulati's wonderful and challenging thought experiment brings to mind one of the most influential articles in legal scholarship, Ronald Coase's The Problem of Social Cost. Coase famously observed that, in the absence of transaction costs, the law's assignment of entitlements should have no effect on behavior. Whoever most values the... |
2017 |
|
| Jeremy S. Goldstein |
Bringing Bits Back from the Brink |
45 Denver Journal of International Law and Policy 365 (Spring, 2017) |
In 2011, the United Nations (UN), and as proposed by John Ruggie, Special Representative of the Secretary General, published the Guiding Principles on Business and Human Rights (UNGP's), with the objective of enhancing standards and practices with regard to business and human rights. The UNGP's offer guidance and recommendations to states and... |
2017 |
|
| Susan Richbourg Parker |
Changing Sovereigns and Settling Land Claims in Florida |
31/32 Tulane European and Civil Law Forum 165 (2017) |
Over a span of six decades (1763-1821) the residents of Florida found themselves under a sequence of four sovereign nations--Spain, Great Britain, Spain again, and the United States. None of the three nations truly endeavored to fulfill their promises made in treaties to their own subjects or citizens or to their newly acquired, holdover citizens.... |
2017 |
|
| Won Kidane |
China's and India's Differing Investment Treaty and Dispute Settlement Experiences and Implications for Africa |
49 Loyola University Chicago Law Journal 405 (Winter 2017) |
This Article examines China's and India's differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China's and India's attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws... |
2017 |
|
| Anna Gelpern |
Cinderella Sovereignty |
67 Duke Law Journal Online 65 (November, 2017) |
The Blocher-Gulati critique of the barriers to secession under public international law is insightful and thought provoking, an important contribution in its own right. I wish it had not been eclipsed by the authors' clever and provocative fix: turning sovereignty into a tradable commodity. I suspect that this fix would bring about more suffering... |
2017 |
|
| Evgeny Guglyuvatyy |
Climate Justice for a Global Treaty: an Australian Perspective |
11 Carbon & Climate Law Review 50 (2017) |
Concerns for justice are widely considered in international climate negotiations as central to effective responses to climate change. However, there is debate as to what crucial notions of justice need to be reflected in a global climate change treaty. This study uses the Delphi method to identify the climate justice concepts that would be most... |
2017 |
|
| Hon. Ralph Artigliere, Chad P. Brouillard, Dr. Reed D. Gelzer, Kimberly Reich, Steven Teppler, Placida, FL, Foster & Eldridge, LLP, Cambridge, MA, Provider Resources, Inc., Newbury, NH, Lake Forest, IL, Abbott Law Group, Jacksonville, FL |
Diagnosing and Treating Legal Ailments of the Electronic Health Record: Toward an Efficient and Trustworthy Process for Information Discovery and Release |
18 Sedona Conference Journal 209 (2017) |
Electronic health records (EHRs) promise streamlined communications, lower costs, and improved patient care in one of the most complex industries in our economy. Currently they're falling short. This is mainly because of poor standardization of format, low clinical and business reliability, and non-interoperability. This paper contends that... |
2017 |
|
| Richard A. Epstein |
Dual Sovereignty under the Constitution: How Best to Protect States Against Federal Taxation and Regulation |
49 Arizona State Law Journal 935 (Fall, 2017) |
There is little doubt that the Framers of the United States Constitution had little awareness of the immense complexities that would creep into the constitutional system that they created in 1787 in Philadelphia. Their challenges were enormous given the necessity to determine the appropriate relationship of the states, both with each other and with... |
2017 |
|
| José Gabilondo |
Economic Coercion and the Limits of Sovereignty: Cuba's Embargo Claims Against the United States |
20 Harvard Latinx Law Review 51 (Spring, 2017) |
C1-3Table Of Contents I. Introduction. 52 II. Economic and Policy Antecedents. 60 A. First Moves: The Construction of Socialist Economy and Bilateral Retaliation. 60 B. Taking Sides: Cold War Containment and the Sovietization of the Cuban Economy. 65 C. Austerity and Regime Change. 70 D. Raul Castro, Economic Reforms, and Diplomatic Normalization.... |
2017 |
|
| Kristin A. Collins |
Equality, Sovereignty, and the Family in Morales-santana |
131 Harvard Law Review 170 (November, 2017) |
The statutes focus upon two of the most serious of human relationships, that of parent to child and that of individual to the State. They tie each to the other, transforming both while strengthening the bonds of loyalty that connect family with Nation. The nature of citizenship, like that of the state, is a question which is often disputed .. In... |
2017 |
|
| Dr. Waseem Ahmad Qureshi |
Equitable Apportionment of Shared Transboundary River Waters: a Case Study of Modifications of the Indus Waters Treaty |
18 San Diego International Law Journal 199 (Spring, 2017) |
C1-2Table of Contents Abstract. 200 Introduction. 200 I. The Debate over Water Apportionment. 20 A. Inequitable Water-Apportionment Frameworks. 202 1. Absolute Territorial Sovereignty Theory. 203 2. Territorial Integrity Theory. 204 B. Equitable Water-Apportionment Frameworks. 206 1. Limited Territorial Sovereignty Theory. 206 2. Riparian Rights... |
2017 |
|
| Stephen B. Presser |
Evaluating President Obama's Appointments of Judges from a Conservative Perspective: What Did the Election of Donald Trump Mean for Popular Sovereignty? |
60 Howard Law Journal 663 (Spring, 2017) |
INTRODUCTION: PRESIDENT OBAMA'S JUDICIAL APPOINTMENTS: THE NUMBERS. 664 I. PRESIDENT OBAMA'S VIEW OF THE JUDICIARY: A CURRENT PARTY DIVISION OVER BLACKSTONE AND BENTHAM. 665 II. DONALD TRUMP AND THE CONSERVATIVES ON THE JUDICIARY. 668 III. THE VIEW OF THE CONSERVATIVES WITH REGARD TO THE PRESERVATION OF POPULAR SOVEREIGNTY. 671 IV. THE ACADEMY'S... |
2017 |
|
| David A. Koplow |
Eve of Destruction: Implementing Arms Control Treaty Obligations to Dismantle Weaponry |
8 Harvard National Security Journal 158 (2017) |
The corpus of arms control treaties now includes dozens of diverse instruments regulating the possession, deployment, testing, and use of nuclear, chemical, biological, conventional, and other weapons in various ways. One aspect of these vital national security tools that has not received sufficient scholarly and practitioner attention concerns the... |
2017 |
|
| Madelyn Dinnerstein |
Fighting for Basic Decency |
19 Lawyers Journal J. 1 (5/12/2017) |
ACBA members had a chance to learn from two international authorities on human rights, including the former United Nations Special Rapporteur on Torture, during a luncheon program that touched on issues ranging from solitary confinement of gang members in California to treatment of terrorism suspects. The ACBA's LGBT Rights Committee and Hispanic... |
2017 |
|
| Kevin Eugene Thomas Cunningham Jr. |
Fine China? A Look into Chinese Intellectual Property Infringement, Treaty Obligations, and International Responses |
99 Journal of the Patent and Trademark Office Society 279 (2017) |
China has garnered the reputation of being the world's largest exporter of infringing goods, as well as being a place where property rights are notoriously difficult to enforce. The international community has a vested interest in curbing infringing activity, however, it has proven difficult to get China to both create new domestic law allowing for... |
2017 |
|
| Jean Galbraith |
From Treaties to International Commitments: the Changing Landscape of Foreign Relations Law |
84 University of Chicago Law Review 1675 (Fall, 2017) |
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft-law commitments. Scholars of foreign relations law typically approach these other processes from the perspective of constitutional law, seeking... |
2017 |
|
| Sahana Rao |
Governance of Water Resources Shared by India and Pakistan under the Indus Waters Treaty: Successful Elements and Room for Improvement |
25 New York University Environmental Law Journal 108 (2017) |
C1-2Table of Contents Introduction. 108 I. Current State of Water Resources in the Indus River Basin. 110 II. Pertinent Global Agreements on Transboundary Water Resource Management. 113 III. Indo-Pakistani Governance of Indus Water Resources. 116 A. A Brief History of the Indus Waters Treaty of 1960. 116 B. Governance Under the Indus Waters Treaty:... |
2017 |
|
| Milton L. Mueller , Farzaneh Badiei |
Governing Internet Territory: Icann, Sovereignty Claims, Property Rights and Country Code Top-level Domains |
18 Columbia Science and Technology Law Review 435 (Spring, 2017) |
This paper examines the legal and Internet governance controversies over country code top-level domain names (ccTLDs). In recent litigation (Weinstein v. Islamic Republic of Iran and ICANN), terrorism victims argued that ccTLDs are property and attempted to seize Iran's .IR domain for compensation. In refusing to uphold this claim, an appeals court... |
2017 |
|
| Mathieu Nolin |
Heated Conflict over the Northwest Passage: Is Canada's Sovereignty Melting Away? |
48 Journal of Maritime Law and Commerce 341 (July, 2017) |
From a polar bear standing on sea ice on its currency to postal cards showing indigenous Inuit fishing, the Arctic is one of the first things that come to mind when thinking about Canada. While sovereignty over the country's land north of the Arctic Circle is widely accepted as Canadian territory (with the exception of Hans Island), sovereignty... |
2017 |
|
| Eric Blinderman , Myra Din |
Hidden by Sovereign Shadows: Improving the Domestic Framework for Deterring State-sponsored Cybercrime |
50 Vanderbilt Journal of Transnational Law 889 (October, 2017) |
This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that... |
2017 |
|
| William J. Rich |
Hiding in Plain View: a Path Around Sovereign Immunity for State Government Employees |
25 William & Mary Bill of Rights Journal 1179 (May, 2017) |
Privileges or immunities of United States citizens include rights that owe their existence to the Federal government, . its Constitution, or its laws. The Fourteenth Amendment provides that no state shall abridge those rights, and provisions of that amendment override claims to state sovereign immunity. As a result, federal laws that protect the... |
2017 |
|
| Otabek Ismailov |
Interaction of International Investment and Trade Regimes on Interpreting Treaty "Necessity" Clauses: Convergence or Divergence? |
48 Georgetown Journal of International Law 505 (2017) |
[N]ecessity does not always imply the absence or denial of law but may under some circumstances be invoked to justify actions which otherwise would appear to be outside the pale of law. This Article attempts to look into the question of whether the less restrictive means test used by World Trade Organization (WTO) dispute settlement bodies to... |
2017 |
|
| Lorenzo Cotula |
Land, Property and Sovereignty in International Law |
25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) |
Abstract. 220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... |
2017 |
|
| Steven Z. Hodaszy , Gregory J. Krivacek |
Learning the Hard Way: Deciphering the Correct Tax Treatment of Graduate Education Benefits for University Faculty |
15 Pittsburgh Tax Review 59 (Fall, 2017) |
The life of the mind may not be a sure path to riches, but the ivory tower is not entirely without its material rewards either. One particularly attractive perquisite of being on a university faculty is the opportunity that many faculty members get to earn advanced degrees from their home institutions either for free or at greatly reduced cost.... |
2017 |
|
| Mikko Rajavuori |
Making International Legal Persons in Investment Treaty Arbitration: State-owned Enterprises along the Person/thing Distinction |
18 German Law Journal 1183 (9/1/2017) |
Investment treaty arbitration (ITA) has emerged as a space where the international legal personality of states and foreign investors is continuously created, maintained, and redefined. Focusing on treatment of state-owned enterprises (SOEs), this Article juxtaposes investment law's doctrinal foundations with Roberto Esposito's political philosophy... |
2017 |
|
| Jean Galbraith |
Making Treaty Implementation More like Statutory Implementation |
115 Michigan Law Review 1309 (June, 2017) |
Both statutes and treaties are the supreme law of the land, and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for... |
2017 |
|
| Amokura Kawharu, Luke Nottage |
Models for Investment Treaties in the Asia-pacific Region: an Underview |
34 Arizona Journal of International and Comparative Law 461 (2017) |
C1-2Table of Contents I. INTRODUCTION. 462 A. What is the Future for US-Style Investment Treaties in the Asia-Pacific Region?. 462 B. Why Australia and New Zealand?. 464 II. NEW ZEALAND'S INTERNATIONAL INVESTMENT REGULATION AND TREATIES. 470 A. Foreign Investment Screening. 470 B. Investment Treaty Policy and Practice. 474 1. New Zealand's Evolving... |
2017 |
|
| Barbara Cosens |
Modernization of the Columbia River Treaty: an Opportunity for Idaho |
60-AUG Advocate 34 (August, 2017) |
With the expiration of certain flood control provisions in the Columbia River Treaty between the United States and Canada in 2024, considerable regional and federal resources have been devoted to its review and analysis of the need for modernization. Ninety eight percent of Idaho lies within the basin with much of that on the main tributary to the... |
2017 |
|
| Odysseas G. Repousis |
Multilateral Investment Treaties in Africa and the Antagonistic Narratives of Bilateralism and Regionalism |
52 Texas International Law Journal 313 (Fall, 2017) |
In the aftermath of mounting concerns over the legitimacy of international investment law and investor-state arbitration in the middle and late 2000s, African countries sought to project an alternative image of international investment law through hard law instruments. This brought about three multilateral investment treaties: The Protocol on... |
2017 |
|
| Oishik Sircar |
New Queer Politics in the New India: Notes on Failure and Stuckness in a Negative Moment |
11 Unbound: Harvard Journal of the Legal Left Left 1 (2017) |
What happens when queers become democracy's favourite minority championed by the capitalists, the liberals, the conservatives, and the leftists, all singing in the language of rights? It marks the inauguration (or culmination?) of a moment that is not bad but dangerous. If everything is dangerous, Michel Foucault wrote, then we always have... |
2017 |
|
| Michail Risvas |
Non-discrimination in International Law and Sovereign Equality of States: an Historical Perspective |
39 Houston Journal of International Law 79 (Winter, 2017) |
Abstract. 80 I. Introduction. 80 II. Connecting Economic Non-Discrimination and Sovereign Equality of States: the Historical Perspective. 83 A. Non-Discrimination in International Economic Law and Sovereign Equality of States in the Era of Colonialism. 85 B. Non-Discrimination in International Economic Law, Sovereign Equality of States, and the... |
2017 |
|
| Christopher R. Rossi |
Norway's Imperiled Sovereignty Claim over Svalbard's Adjacent Waters |
18 German Law Journal 1497 (11/1/2017) |
The invasive but highly profitable snow crab has made its way into the waters of the High Arctic, precipitating a direct confrontation between the EU and Norway over the interpretation of the 1920 Svalbard Treaty. Norway claims the Treaty does not apply due to its strict interpretation of the Treaty's terms, which pertain only to the archipelago's... |
2017 |
|
| Hawa K. Allan |
Paradoxes of Sovereignty and Citizenship: Humanitarian Intervention at Home |
20 CUNY Law Review 389 (Spring, 2017) |
Introduction. 390 I. Humanitarian Intervention at Home. 397 A. Legal Authority. 401 1. Non-Intervention Principle. 404 a. The Federalist Papers. 405 b. Posse Comitatus. 408 2. Insurrection Act. 409 a. 2007 National Defense Authorization Act. 412 b. Reconstruction Act and the Enforcement Acts. 414... |
2017 |
|
| Mary Bosworth |
Penal Humanitarianism? Sovereign Power in an Era of Mass Migration |
20 New Criminal Law Review 39 (Winter, 2017) |
Since creating the Returns and Reintegration Fund in 2008, the British government has financed a variety of initiatives around the world under the rubric of managing migration, blurring the boundaries between migration control and punishment. This article documents and explores a series of overlapping case studies undertaken in Nigeria and... |
2017 |
|
| Sanford Levinson |
Postscript: Some Observations about Guns and Sovereignty |
80 Law and Contemporary Problems 239 (2017) |
The symposium on the Second Amendment sponsored by the Brennan Center elicited uniformly first-rate works of scholarship. Given other commitments and my doubts that I had anything new to say about the Second Amendment, I volunteered instead to offer some comments by way of a postscript to the various articles. Although each deserves careful reading... |
2017 |
|
| Mitu Gulati , Robert K. Rasmussen |
Puerto Rico and the Netherworld of Sovereign Debt Restructuring |
91 Southern California Law Review 133 (November, 2017) |
C1-2TABLE OF CONTENTS INTRODUCTION. 133 I. THE PUERTO RICAN FISCAL CRISIS AND THE COMMONWEALTH'S ATTEMPT AT SELF-HELP. 137 II. THE POWER OF STATES TO ENACT RESTRUCTURING REGIMES. 141 III. PUERTO RICO. 149 CONCLUSION. 160 |
2017 |
|
| Stephen Kim Park , Tim R Samples |
Puerto Rico's Debt Dilemma and Pathways Toward Sovereign Solvency |
54 American Business Law Journal L.J. 9 (Spring, 2017) |
The debt crisis currently facing Puerto Rico is geographically small in scope but enormous in its legal complexity and policy implications. Grappling with worsening structural problems, economic shocks, and public finances, Puerto Rico's unsustainable debt burden has threatened to topple its economy and destabilize its relationship with the United... |
2017 |
|
| Alan J. Pollack |
Recent Developments in the Treatment of Crimes of Domestic Violence under Immigration Law |
304-FEB New Jersey Lawyer, the Magazine 62 (February, 2017) |
When criminal and immigration attorneys are faced with potential domestic violence-related crimes and situations, it is important they are aware of the underlying grounds of deportation relating specifically to domestic violence, as there are several recent cases that affect the interpretation of what constitutes a crime of domestic violence... |
2017 |
|
| Jessica Mantel |
Refusing to Treat Noncompliant Patients Is Bad Medicine |
39 Cardozo Law Review 127 (October, 2017) |
Government health programs and private payors have adopted various reforms that fundamentally transform the physician-patient relationship. Public reporting on how well physicians perform on various quality and cost metrics, as well as payment reforms that link physicians' reimbursements to their performance on these metrics, incentivize physicians... |
2017 |
|
| Tom Morris |
Registration Without Representation: Treatment of Foreign Sex Offense Convictions under the Sex Offender Registration and Notification Act |
12 Liberty University Law Review 71 (Fall, 2017) |
C1-2Table of Contents Abstract. 72 I. Introduction. 73 II. Background. 75 A. SORNA. 75 B. Federal Rule of Evidence 609. 78 III. The Lack of Due Process for Sex Offenders: A Call to Reevaluate. 80 A. The SORNA Final Guidelines Due Process Requirements. 80 1. Class 1 Jurisdictions. 80 2. Class 2 Jurisdictions. 82 3. Class 3 Jurisdictions. 84 B.... |
2017 |
|
| Lindsey M. Ajubita |
Regulating the Treatment and Discharge of Ballast Water to Protect the Economy and Ecology of the United States |
16 Loyola Maritime Law Journal 223 (Winter, 2017) |
C1-2TABLE OF CONTENTS I. Introduction. 224 II. Background Information. 226 A. Invasion of U.S. Waterways by Zebra Mussels. 226 B. The IMO and the Ballast Water Management Convention. 230 III. United States Regulatory Efforts to Prevent the Spread of Invasive Species by Ballast Water Discharge in Waters of the United States. 231 IV. Natural... |
2017 |
|
| David Kanter |
Removal plus Timely Assertion: a Better Rule for the Intersection of Removal and State Sovereign Immunity |
105 Georgetown Law Journal 531 (January, 2017) |
C1-2Table of Contents Introduction. 531 I. State Sovereign Immunity and Waiver Background. 534 a. state sovereign immunity's historical development. 535 b. exceptions to the doctrine of state sovereign immunity. 537 II. Lapides v. Board of Regents of the University System of Georgia. 539 III. Lapides's Inadequate Rationales. 541 a. critique of... |
2017 |
|
| Sara L. Seck |
Revisiting Transnational Corporations and Extractive Industries: Climate Justice, Feminism, and State Sovereignty |
26 Transnational Law & Contemporary Problems 383 (Summer, 2017) |
I. Introduction. 383 II. Gender, Climate Justice and Vulnerability. 385 III. The Philippines Climate Petition. 394 IV. Analysis: Climate Justice, Feminism, & International Law. 397 A. The Jurisdictional Scope of the State Duty to Protect and the Relational State. 398 B. International and Domestic Law and the False Boundaries of the Public/Private... |
2017 |
|