AuthorTitleCitationSummaryYearKey Terms
Larry Catá Backer Shaping a Global Law for Business Enterprises: Framing Principles and the Promise of a Comprehensive Treaty on Business and Human Rights 42 North Carolina Journal of International Law 417 (Winter, 2017) I. Context. 418 II. Principles: From Objectives to Ideologies to Objectives in the Ideal Treaty. 429 III. From Objectives Based Principles to the Embedding of Principle in the Necessary Provisions of Principles Based Treaty Drafting. 450 A. Substantive Provisions. 452 B. Structural Provisions. 464 C. Process Provisions. 470 IV. The Principles in... 2017  
David A. Koplow Sherlock Holmes Meets Rube Goldberg: Fixing the Entry-into-force Provisions of the Comprehensive Nuclear Test Ban Treaty 28 Duke Journal of Comparative & International Law L. 1 (Fall, 2017) The Comprehensive Nuclear Test Ban Treaty (CTBT) is widely heralded as the most important international legal instrument for arresting the nuclear arms race and impeding further nuclear proliferation. Concluded in 1996, the treaty has been signed by 183 countries and ratified by 166. But it has not yet entered into force, because of its unique... 2017  
Matthew Rizzolo, Samuel Brenner, Andrew Sutton, Michael Gershoni Shielded by Sovereignty: the Implications for Patentees of Covidien v. University of Florida Research Foundation & its Progeny 45 AIPLA Quarterly Journal 593 (Fall, 2017) I. Introduction. 595 II. Inter Partes Review. 598 A. The Legislative History of IPRs. 599 B. IPRs as a Weapon of Choice for Infringement Defendants. 600 III. Sovereign Immunity. 604 A. Historical Origins of the Doctrine of Sovereign Immunity. 604 B. Application of Sovereign Immunity in Patent Law. 605 C. Extension of Sovereign Immunity to... 2017  
David A. Nagdeman Sovereign Ephemera: State Standing Against the Federal Government for Injuries to Quasi-sovereign Interests 90 Temple Law Review 53 (Fall, 2017) The mere retreat to the qualifying quasi is implicit with confession that all recognized classifications have broken down, and quasi is a smooth cover which we draw over our confusion as we might use a counterpane to conceal a disordered bed. Within weeks of the 2016 presidential election, Democratic attorneys general from several states... 2017  
William Baude Sovereign Immunity and the Constitutional Text 103 Virginia Law Review Rev. 1 (March, 2017) Despite the opprobrium heaped on the Supreme Court's modern doctrine of state sovereign immunity, there is a theory that makes sense of that doctrine, and also renders it consistent with the constitutional text. The theory is that sovereign immunity is a common law rule--a backdrop--that is not directly incorporated into the Constitution, but is... 2017  
Melissa Stewart Sovereign Lands 3 One J: Oil and Gas, Natural Resources, and Energy Journal 871 (September, 2017) C1-2Table of Contents I. Introduction. 871 II. Fletcher v. United States. 872 III. Wyoming v. United States Dep't of Interior. 873 2017  
Deepa Das Acevedo Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases 40 Boston College International and Comparative Law Review Rev. 1 (2017) Abstract: American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India--spurred by developments in a special type of legal action developed in the late 1970s known... 2017  
Tom Farer, Of the Board of Editors Sovereignty: the Origin and Future of a Political and Legal Concept. By Dieter Grimm. New York: Columbia University Press, 2015. Pp. Xiv, 167. Index. $80. Doi:10.1017/ajil.2017.12 111 American Journal of International Law 554 (April, 2017) Through the medium of words, individuals order their experience of the roaring, buzzing confusions of daily life. What is true of individuals is also true of de facto communities: language expresses and shapes progressively their understanding of their internal relationships and their relations with other communities. Particular words like ... 2017  
Ryan M. Rodenberg , John T. Holden Sports Betting Has an Equal Sovereignty Problem 67 Duke Law Journal Online Online 1 (June, 2017) Professor Thomas B. Colby's In Defense of the Equal Sovereignty Principle comprehensively examines the underpinnings of the Supreme Court's landmark Shelby County v. Holder decision, which found one portion of the Voting Rights Act (VRA) to impermissibly differentiate between states in violation of the equal sovereignty doctrine. Professor Colby... 2017  
Tayler L. Green Taxing Prizes and Awards: Proposed Amendments to Section 74 to Treat Meritorious Achievements Equitably 70 SMU Law Review 509 (Spring, 2017) C1-3TABLE OF CONTENTS I. INTRODUCTION. 510 II. HISTORICAL BACKGROUND LEADING TO THE CURRENT TREATMENT OF PRIZES AND AWARDS. 512 A. Exploring the Law Before Section 74. 512 B. Enacting Section 74: Gross Income Designation and Exception for Certain Achievement. 515 C. Enacting Section 74(b)(3): Charitable Transfer Requirement. 518 D. Enacting Section... 2017  
Jonathan Peters The "Sovereigns of Cyberspace" and State Action: the First Amendment's Application--or Lack Thereof--to Third-party Platforms 32 Berkeley Technology Law Journal 989 (2017) Many scholars have commented that the state action doctrine forecloses use of the First Amendment to constrain the policies and practices of online service providers. But few have comprehensively studied this issue, and the seminal article exploring [c]yberspace and the [s]tate [a]ction [d]ebate is fifteen years old, published before the U.S.... 2017  
Catherine E. Holm The Columbia River Treaty: Negotiating Between Hydropower and Ecosystem-based Functions 54 Willamette Law Review 89 (Fall, 2017) L1-2TABLE OF CONTENTS I. Introduction. 90 II. Background. 91 A. Historical Context. 91 B. The Columbia River Treaty. 94 1. Implementation. 95 2. Flood Control. 96 3. Downstream Benefits. 97 III. Regional Recommendation Overview. 98 A. Regional Recommendation summary. 99 B. General Principles. 101 C. Recommendations. 102 1. Hydropower. 102 2. Flood... 2017  
Stephen Meili The Human Rights of Non-citizens: Constitutionalized Treaty Law in Ecuador 31 Georgetown Immigration Law Journal 347 (Winter, 2017) In an era of global economic crises, escalating armed conflict, and massive refugee flows, the gap between the ideals envisioned by the international human rights framework and the reality of life for the world's 224 million non-citizens continues to widen. While the rate of human rights treaty ratification has grown exponentially over the past few... 2017  
Wolfgang Alschner The Impact of Investment Arbitration on Investment Treaty Design: Myth Versus Reality 42 Yale Journal of International Law L. 1 (Winter, 2017) Introduction. 2 I. Investment Law and Arbitration. 5 A. The Development of Investment Law and Arbitration. 5 B. Three Impact Channels. 9 1. Investment Arbitration Clauses. 9 2. Investment Arbitration Claims. 11 3. Investment Arbitration Case Law. 12 II. Methodology. 14 A. The Dataset. 14 B. Coding of Treaty Features. 15 1. Codebook of Treaty... 2017  
Dr. Waseem Ahmad Qureshi The Indus Basin: Water Cooperation, International Law and the Indus Waters Treaty 26 Michigan State International Law Review 43 (2017) Water cooperation is essential for riparian states to equitably distribute and utilize their transboundary water resources. In South Asia, Pakistan and India are lower and upper riparian states, respectively, sharing the Indus Basin. The Indus Waters Treaty is a fundamental bilateral agreement, establishing a mechanism for them to cooperate over... 2017  
Dr. Waseem Ahmad Qureshi The Indus Waters Treaty and the Role of World Bank as Mediator 24 Willamette Journal of International Law and Dispute Resolution 211 (2017) Introduction. 212 I. Background. 213 A. Conflict. 214 B. The Geographical Division of the Water Basin and India as the Upper Riparian State. 215 II. Treaty. 216 III. Responsibilities of the World Bank. 218 A. The World Bank to Appoint a Neutral Expert for Conflict Resolution. 218 B. The World Bank to Manage Trust Fund. 219 C. The World Bank to... 2017  
Graham Markiewicz The Logical next Step: Motivations on the Formation of a Business and Human Rights Treaty 26 Minnesota Journal of International Law 63 (Winter, 2017) The human rights movement has been hailed as humanity's last utopia. The ideals it espouses are powerful enough to bring millions out of poverty, advance equality in the face of diversity, and create more free and fair societies across the globe. In practice, however, human rights are often used as a tool by the powerful to the very detriment of... 2017  
Michael H. Hoffheimer The New Sister-state Sovereign Immunity 92 Washington Law Review 1771 (December, 2017) Abstract: The Article reviews the constitutional status of sister-state sovereign immunity. It argues that the parity requirement announced in Franchise Tax Board v. Hyatt (2016) is a temporary compromise that is supported by neither the purposes of the Full Faith and Credit Clause nor by cases cited by the Court. It further argues that parity is... 2017  
Diane A. Desierto The Outer Limits of Adequate Reparations for Breaches of Non-expropriation Investment Treaty Provisions: Choice and Proportionality in Chorzów 55 Columbia Journal of Transnational Law 395 (2017) Is compensation always the appropriate form of reparations when States breach non-expropriation provisions of their investment treaties? If so, what is the authoritative methodology for determining the quantum of compensation, when the non-expropriation investment treaty standard breached is silent on the issue of compensation for these kinds of... 2017  
Ogunnaike Oluseyi Taiwo The Sovereign State Responsibilty and the Human Rights Imperative of Zero-gas Emission in Niger-delta: Re-jigging the Imposed Legal Order for a Quick Climatic Redress 32 American University International Law Review 971 (2017) I. INTRODUCTION. 972 II. THE DE-SOVEREIGN PROCESS OF THE NIGER-DELTA AND THE COLONIAL ARCHITECTURE OF NIGERIAN LEGAL ORDER. 978 III. UNDERSTANDING THE SOVEREIGN STATE'S RESPONSIBILITY TO PROTECT. 981 IV. THE CONSTRUCTION OF PROTECTION AGAINST CLIMATE CHANGE AS SOVEREIGN STATES RESPONSIBILITY. 984 A. The Deontological Approach of Human Rights. 984... 2017  
Megan Donaldson The Survival of the Secret Treaty: Publicity, Secrecy, and Legality in the International Order 111 American Journal of International Law 575 (July, 2017) This article offers the first detailed history of the norm of treaty publication as it has evolved over the last century. Drawing on both public debates and archives of foreign ministries, it traces how, and why, secret treaties have persisted, even in liberal democracies. It challenges assumptions of ever-greater transparency over time, and... 2017  
Cory Howard The Unified Development Ordinance: Commonality in Zoning Regulations, Disparate Treatment of Citizens 38 University of La Verne Law Review 178 (Spring, 2017) Abstract. 179 I. Introduction. 179 II. The Unified Development Ordinance and Expanded Police Powers Based on Socio-Economic Status. 181 A. The Unified Development Ordinance and its Local Adaptations. 181 B. Implementation of Non-Neutral Municipal Regulations in a Discriminatory Manner. 182 1. Changing Attitudes towards Poverty in the United States.... 2017  
Jesse J. Richardson, Jr. The Uniform Partition of Heirs Property Act: Treating Symptoms and Not the Cause? 45 Real Estate Law Journal 507 (Spring, 2017) The Uniform Partition of Heirs Property Act (UPHPA or the Act) was approved and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Laws in 2010. The purpose of the [UPHPA] is to ameliorate, to the extent feasible, the adverse consequences of a partition action when there are some cotenants who... 2017  
Lorelei Laird To Form a Nation 103-NOV ABA Journal 54 (November, 2017) That sin--the forcible ouster of the Hawaiian monarchy--has some Native Hawaiians waging a legal battle to this day to regain some measure of independence. Under the monarchy, American and European businesspeople had prospered. But they wanted control in this land of paradise. So in 1887, they assembled a militia and forced King David Kalkaua at... 2017  
Jeff Todd Trade Treaties, Citizen Submissions, and Environmental Justice 44 Ecology Law Quarterly 89 (2017) The history of the U.S. environmental justice movement reveals that successful campaigns are seldom waged solely through litigation. Instead, communities have employed litigation and administrative actions as part of a broader grassroots struggle to achieve short- and long-term change. Even when not successful on the merits, such actions can... 2017  
Gwen N. Westerman, PhD, Minnesota State University, Mankato Treaties Are More than a Piece of Paper: Why Words Matter 10 Albany Government Law Review 293 (2017) Minnesota is a Dakota place. The Dakota people's place in Minnesota. Is there a difference between those two statements? The first is a simple declarative sentence that identifies Minnesota. The second is a dependent phrase that locates the people in the place but is lacking context. This transformation of syntax also transforms the meaning. In... 2017  
Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law Treating Religion Differently 32 Journal of Law and Religion 493 (November, 2017) Are there convincing grounds for the law to treat religion differently from other human activities and concerns? When, if ever, does religious freedom call for exempting religious activity from the burdens imposed by generally applicable laws? Should courts require such exemptions under the Constitution, or should the matter be left primarily to... 2017  
Michael J. Wynne, Esq. Treating Unaccompanied Children like Children: a Call for the Due Process Right to Counsel for Unaccompanied Minors Placed in Removal Proceedings 9 Elon Law Review 431 (2017) INTRODUCTION. 432 I. THE PLIGHT OF REFUGEES. 434 A. The 1951 United Nations Convention Relating to the Status of Refugees. 434 B. The Humanitarian Challenge at the Southwest Border. 436 II. THE UNACCOMPANIED CHILD. 440 A. Regional Profiles. 440 B. Motivation for Migration. 441 III.NAVIGATING THE IMMIGRATION SYSTEM. 443 A. Apprehension and... 2017  
Yingying Wu Treatments of State-owned Enterprises under the Canada-china Bilateral Investment Treaty (Ccfippa) 42 North Carolina Journal of International Law 375 (Winter, 2017) I. Introduction. 377 II. Treatments Towards Chinese SOEs on Entry under CCFIPPA. 379 A. Legal Analysis. 379 1. Pre-Establishment National Treatment is not Granted. 379 2. National Treatment is not Granted for the Expansion of Investments in Certain Sectors. 381 3. Disputes Related to the Entry are not Subject to Investor-State Arbitrations or... 2017  
Christopher R. Rossi Treaty of Tordesillas Syndrome: Sovereignty Ad Absurdum and the South China Sea Arbitration 50 Cornell International Law Journal 231 (Spring, 2017) The South China Sea is the fifth largest body of water in the world. It accounts for five trillion dollars in annual commercial activity involving a third of maritime traffic worldwide. China claims wide-ranging sovereign rights over upwards of ninety percent of this Sea via a controversial U-shaped line. Its claim upsets regional stability and... 2017  
Christopher R. Rossi Treaty of Tordesillas Syndrome: Sovereignty Ad Absurdum and the South China Sea Arbitration 50 Cornell International Law Journal 231 (Spring, 2017) The South China Sea is the fifth largest body of water in the world. It accounts for five trillion dollars in annual commercial activity involving a third of maritime traffic worldwide. China claims wide-ranging sovereign rights over upwards of ninety percent of this Sea via a controversial U-shaped line. Its claim upsets regional stability and... 2017  
Kishanthi Parella Treaty Penumbras 38 University of Pennsylvania Journal of International Law 275 (Spring, 2017) The classic question in international law concerns its effectiveness. Today, this old debate concerns the usefulness of treaties. Yet those engaging in this debate share a common problem. They evaluate treaty success by focusing on the effects of treaties on one type of actor: states. This narrow lens is misguided; it leads to a skeptical view of... 2017  
Douglas Pivnichny Treaty-based Claims Against Subdivisions of Icsid Contracting States 16 Washington University Global Studies Law Review 125 (2017) This article primarily concerns the juridical personality of States in public international law, how this has changed in the 20th century, and potential consequences of these developments in the field of investor-State arbitration. Specifically, it asks whether a subdivision of a federal State made subject to the jurisdiction of the International... 2017  
David F. Freeman, Jr. U.s. Financial Regulation of Sovereign Wealth Funds 52 Wake Forest Law Review 781 (Fall, 2017) The United States has a complicated program for regulation of financial markets and participants. The financial regulatory system includes the federal securities laws, banking laws, and commodities laws. Further, the United States has parallel programs for state regulation of securities, banking, insurance, and other nonbank financial businesses.... 2017  
Patrick J. Schena When States Invest at Home: the Development Role of Sovereign Wealth Funds in Public Finance 52 Wake Forest Law Review 917 (Fall, 2017) In August 2016, Turkey announced details of a plan to establish a sovereign wealth fund (SWF)--the Turkey Wealth Fund. The basic organizational design of the fund was presented and, in early 2017, shares of Turkish state-owned enterprises (SOEs) were transferred to the fund and dividends were diverted to the fund from the central budget. While... 2017  
Margit Cohn When, and Where, Does History Begin? Collective Memory, Selective Amnesia, and the Treatment of Asylum Seekers in Israel 2017 University of Illinois Law Review 563 (2017) In this Article, I consider the strategic use of constitutional history, as reflected in national collective memories, and analyze, as a case study, the State of Israel's treatment of the recent surge of illegal entrants into Israel. The rise of entry of asylum seekers/infiltrators (the ambiguity is central to Israel's policies on the matter) from... 2017  
Cynthia Soohoo You Have the Right to Remain a Child: the Right to Juvenile Treatment for Youth in Conflict with the Law 48 Columbia Human Rights Law Review Rev. 1 (Spring, 2017) In 2010, sixteen-year-old Kalief Browder was stopped by the police in the Belmont section of the Bronx. The police claimed he had mugged a tourist and stolen a backpack earlier in the evening. Although a search failed to recover any stolen items and the witness changed his story, Kalief was handcuffed and taken into police custody. New York law... 2017  
Thelma L. Harmon Young v. United Parcel Service, Inc.: the Equal Treatment Fallacy 20 Journal of Gender, Race and Justice 97 (February, 2017) In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread. - Anatole France The Red Lily (1894), Ch. 7 I. Introduction. 98 II. Pregnancy Discrimination. 99 A. Pregnancy Discrimination Act. 99 B. Protective Employment Legislation. 101 C. Young v. UPS. 103 III. Equal Treatment... 2017  
The University of Iowa Center for Human Rights (UICHR) #45 - the Comparative Treatment of Homosexuality Human Rights Index #45 26 Transnational Law & Contemporary Problems Probs. 3 (Winter 2016) The end of the 20th century saw the beginning of a global movement toward increased visibility, recognition, and legal rights for homosexual people, including the rights to marriage and civil unions, adoption and parenting, employment, military service, equal access to health care, and the introduction of anti-bullying legislation to protect gay... 2016  
Christopher R. Rossi A Case Ill Suited for Judgment: Constructing 'A Sovereign Access to the Sea' in the Atacama Desert 48 University of Miami Inter-American Law Review 28 (Fall, 2016) In 2015, the International Court of Justice ruled that Bolivia's claim against Chile could proceed to the merit stage, setting up this Article's discussion of perhaps the most intractable border dispute in South American history-- Bolivia's attempt to reclaim from Chile a sovereign access to the Pacific Ocean. This Article investigates the... 2016  
Matthias Goldmann, Silvia Steininger A Discourse Theoretical Approach to Sovereign Debt Restructuring: Towards a Democratic Financial Order 17 German Law Journal 709 (10/1/2016) This Article studies the role of law for aligning democracy with a market-based financial order. Jürgen Habermas's discourse theoretical understanding of the role of law in the welfare state establishes a structure for exploring this issue. According to this approach, law needs to be enforceable, law-making and law-application need to be... 2016  
Maria Mendoza A System in Need of Repair: the Inhumane Treatment of Detainees in the U.s. Immigration Detention System 41 North Carolina Journal of International Law 405 (Winter, 2016) I. Introduction. 406 II. The Current U.S. Immigration Detention System. 408 A. Overview of the U.S. Department of Homeland Security. 412 B. Mandatory Detention. 413 C. Women. 415 D. Unaccompanied Children. 416 III. International Treaties and Due Process Rights. 418 A. Universal Declaration of Human Rights. 419 B. International Covenant on Civil and... 2016  
Christopher R. Rossi 'A Unique International Problem': the Svalbard Treaty, Equal Enjoyment, and Terra Nullius: Lessons of Territorial Temptation from History 15 Washington University Global Studies Law Review 93 (2016) The 1920 Svalbard Treaty conferred full and absolute sovereignty on Norway but paradoxically limited that sovereignty by conferring on states party to the treaty equal enjoyment and liberty of access provisions on Svalbard and in its territorial waters. Whether these provisions now extend to geographic areas adjacent to Svalbard's territorial... 2016  
David P. Waggoner An Inquiry into White Supremacy, Sovereignty, and the Law 45 Southwestern Law Review 897 (2016) When liberal whites fail to understand how they can and/or do embody white-supremacist values and beliefs even though they may not embrace racism as prejudice or domination (especially domination that involved coercive control), they cannot recognize the ways their actions support and affirm the very structure of racist domination and oppression... 2016  
Rebecca Crootof Change Without Consent: How Customary International Law Modifies Treaties 41 Yale Journal of International Law 237 (Summer 2016) Introduction. 238 I. A New International Legal Order. 241 A. The Classic Account. 242 1. Stable Customary International Law. 242 2. Flexible Treaties. 242 B. The Modern World. 243 1. Constitutive Treaties. 243 2. Contemporary Customary International Law. 245 II. Modification by Mutual Consent. 247 A. Formal Amendment. 248 B. Treaty Supersession and... 2016  
Robert T. Anderson Commentary: Federal Treaty and Trust Obligations, and Ocean Acidification 6 Washington Journal of Environmental Law & Policy 473 (June, 2016) I. INTRODUCTION. 473 II. THE FEDERAL TRUST RESPONSIBILITY. 475 A. Background. 475 B. Federal Trust Liability Standards. 482 III. PROTECTING INDIAN TREATY RIGHTS. 484 IV. LINKING THE TRUST RESPONSIBILITY, INDIAN TREATY RIGHTS, AND THE PROBLEM OF OCEAN ACIDIFICATION.. 491 2016  
Cindy Galway Buys Conditions in U.s. Treaty Practice: New Data and Insights on a Growing Phenomenon 14 Santa Clara Journal of International Law 363 (5/23/2016) The United States Senate often adds various types of conditions, also known as reservations, understandings, and declarations (RUDs), to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty and abide by the international norms set forth therein... 2016  
Joanna Laine Consumer Protection and Tax Law: How the Tax Treatment of Attorney's Fees Undermines the Fair Debt Collection Practices Act 40 New York University Review of Law and Social Change 721 (2016) Almost forty years after the passage of the Fair Debt Collection Practices Act (FDCPA), abusive debt collection practices continue to wreak havoc on the lives of low- and moderate-income Americans. The FDCPA aims to prevent these abuses by relying in part on individual consumers to enforce the FDCPA's fair debt collection rules. Consumer plaintiffs... 2016  
Edward Ricci , Jeffery Van Treese II , Michael T. Olexa , Rick C. Briggs Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity 90-JUN Florida Bar Journal 88 (June, 2016) Hitting a tree located in the highway median risks serious injury or death. However, Florida drivers may recover damages resulting from governmentally designed highway medians in only a limited number of circumstances. Properly designed highway medians can prevent driver death and serious injury, while poorly designed medians can increase the... 2016  
Justin B. Richland Dignity as (Self-)Determination: Hopi Sovereignty in the Face of Us Dispossessions 41 Law and Social Inquiry 917 (Fall, 2016) In 2013, the Arizona Snowbowl Ski Resort began spraying artificial snow made from reclaimed wastewater on Arizona's highest peak, a place the Hopi people call Nuvatukya'ovi, Snow-on-top-of-it. As one of the Hopis' most sacred places, the home of the katsinam and the southwestern boundary marker of their aboriginal territory, the Hopi have fought... 2016  
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