AuthorTitleCitationSummaryYearKey Terms
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  
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  
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