| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| Kevin B. Sobel-Read, JD, PhD |
A New Model of Sovereignty in the Contemporary Era of Integrated Global Commerce: What Anthropology ConTributes to the Shortcomings of Legal Scholarship |
49 Vanderbilt Journal of Transnational Law 1045 (October, 2016) |
Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally,... |
2016 |
Yes |
| Matthew J. McKinney , Richard Kyle Paisley , Molly Smith Stenovec |
A Sacred Responsibility: Governing the Use of Water and Related Resources in the International Columbia Basin Through the Prism of Tribes and First Nations |
37 Public Land & Resources Law Review 157 (2016) |
I. INTRODUCTION. 159 II. HISTORICAL CONTEXT. 161 A. The International Columbia Basin. 161 1. Physical Geography. 161 2. History of Columbia Basin Tribes and First Nations. 164 3. Demographic Trends and Settlement Patterns. 168 B. Governing the Use of Water and Related Resources. 170 1. From the Beginning: Tribal and First Nation Practices. 171 2.... |
2016 |
Yes |
| Teresa Hawkinson |
Can a Sioux Be Sued for Embracing Mary Jane?: Tribal Sovereign Immunity Concerns Arising from the Legalized Marijuana Trade on Indian Land |
3 St. Thomas Journal of Complex Litigation 44 (Fall, 2016) |
Having celebrated the one-year anniversary of the 2014 Department of Justice Wilkinson memorandum (Wilkinson Memo) regarding the Federal Government's discretionary authority in the enforcement of marijuana on Tribal lands, the matter appears to have created more questions than answers. While some Tribes see this as a lucrative business... |
2016 |
Yes |
| W. Gregory Guedel, Ph.D. , J.D. Colbert |
Capital, Inequality, and Self-determination: Creating a Sovereign Fina Native American Nations |
41 American Indian Law Review Rev. 1 (2016) |
C1-2Table of Contents Executive Summary. 2 I. Introduction. 4 II. Challenges For Tribes In Accessing Capital. 9 A. Historical and Structural Problems. 9 B. Commercial Capital Source Problems. 11 C. Conflict of Law Problems. 14 D. U.S. Government Trust Management Problems. 17 III. United States Senate Oversight Hearing on Access to Capital in Indian... |
2016 |
Yes |
| Michael B. Farley |
Caught on the Wrong Side of the Line: an Examination of the Relationship Between the Payday Loan Industry and American Indian Tribal Sovereignty |
42 Journal of Corporation Law 481 (Winter 2016) |
I. Introduction. 482 II. Background. 483 A. Payday Loan Companies. 484 1. The Function of Payday Loans in the Lending Market. 484 2. The Problems with Payday Loans. 484 3. Recent Development in Responses to Payday Loans. 485 4. Ways the Payday Loan Industry is Adapting. 487 B. American Indian Tribal Sovereignty and Immunity. 488 III. Analysis. 492... |
2016 |
Yes |
| Jill E. Grant |
Enforcing Tribal Environmental Laws Without "Treatment as a State" |
30-WTR Natural Resources & Environment 13 (Winter, 2016) |
The Navajo Nation covers over 27,000 square miles in Arizona, New Mexico, and Utah, and within those lands are approximately 100 sites containing underground storage tanks (USTs) and twenty-five sites containing aboveground storage tanks (ASTs). Most of these sites contain multiple tanks and, over the years, many of these tanks have leaked.... |
2016 |
Yes |
| Elizabeth Ann Kronk Warner |
Everything Old Is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change-threatened Resources |
94 Nebraska Law Review 916 (2016) |
I. Introduction. 917 II. Interpreting Treaties. 922 A. What Do the Relevant Treaties Say?. 923 1. Swinomish Indian Tribal Community. 923 2. Nez Perce Tribe. 925 B. Judicial Interpretation of Treaties. 927 C. Considering Treaty Language Within a Climate Change Context. 932 III. Potential Legal Arguments Beyond the Treaties Themselves. 934 A.... |
2016 |
Yes |
| Alan Stay |
Habita Native American Treaty Fishing in the Northwest |
63-NOV Federal Lawyer 20 (October/November, 2016) |
In 1854, several Native American tribes occupied and sustained their lives and livelihood from lands and waters within in what is now the Northwestern portion of the United States. Fisheries, while occurring throughout their territories, were centered on the Columbia River, Puget Sound, the rivers and waters flowing into Puget Sound, and the ocean... |
2016 |
Yes |
| Nidhi Shetye |
International Insolvency: an Indian Perspective on Cross-border Treatment of Cases |
39 Fordham International Law Journal 1045 (April, 2016) |
INTRODUCTION. 1046 I. LAWS APPLICABLE TO CROSS-BORDER INSOLVENCY CASES. 1049 A. Overview of the Model Law. 1050 B. Statutes Governing Cross-Border Insolvency in India. 1054 1. Foreign Judgments Under the Code of Civil Procedure, 1908. 1054 2. Winding-Up Procedures under The Companies Act, 1956. 1055 3. Other Laws Assisting the Present Legal... |
2016 |
Yes |
| Elizabeth Ann Kronk Warner |
Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Paradigm |
33 Pace Environmental Law Review 397 (Spring 2016) |
December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... |
2016 |
Yes |
| Thomas B. Nedderman, John A. Safarli , Partners, Floyd Pflueger & Ringer PS |
Maxwell and Tribal Sovereign Immunity in the Ninth Circuit: Restoring a True Purpose or Ignoring Reality? |
2016 Aspatore 2989480 (April, 2016) |
Tribal sovereign immunity is a well-established but often confusing doctrine, especially when applied to claims against individual tribal officials. Three years ago, the Ninth Circuit added to the puzzlement in Maxwell v. County of San Diego, 708 F.3d 1075 (9th Cir. 2013), which permitted a suit for money damages against tribal officials named in... |
2016 |
Yes |
| Gavin Clarkson , Katherine A. Spilde , Carma M. Claw |
Online Sovereignty: the Law and Economics of Tribal Electronic Commerce |
19 Vanderbilt Journal of Entertainment and Technology Law L. 1 (Fall, 2016) |
In 1886, the US Supreme Court wrote that, for Indian tribes, the people of the states where they are found are often their deadliest enemies. Recently, state agencies and regulators have continued that tradition of hostility by improperly attempting to regulate electronic commerce businesses operated by tribal governments that are more properly... |
2016 |
Yes |
| Michalyn Steele |
Plenary Power, Political Questions, and Sovereignty in Indian Affairs |
63 UCLA Law Review 666 (March, 2016) |
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court's invocation of the political question and plenary power doctrines to deprive tribes of meaningful judicial review when Congress has acted to the tribes' detriment. Courts have applied these doctrines in tandem so as to frequently leave tribes without... |
2016 |
Yes |
| William M. Haney |
Protecting Tribal Skies: Why Indian Tribes Possess the Sovereign Authority to Regulate Tribal Airspace |
40 American Indian Law Review Rev. 1 (2015-2016) |
Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian... |
2016 |
Yes |
| Robert T. Anderson |
Sovereignty and Native Self-government and Rights to Hunt, Fish, and Gather after Ancsa |
33 Alaska Law Review 187 (December, 2016) |
The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in... |
2016 |
Yes |
| Geneva E.B. Thompson |
The Double-edged Sword of Sovereignty by Native Nations Can Wield Environmental Justice in the Fight Against the Harms of Fracking |
63 UCLA Law Review 1818 (August, 2016) |
Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... |
2016 |
Yes |
| Julia Johnson |
Tribal Sovereign Immunity in the Ninth Circuit: Moving Towards a More Reasonable Test |
35 Review of Litigation 179 (Summer, 2016) |
I. Introduction. 179 II. Justice Marshall, Sovereign Immunity, and the Present Era. 183 III. Modern Reforms of Tribal Sovereignty Immunity. 188 A. The Second Circuit. 192 B. The Ninth Circuit. 195 IV. Restrictions on Tribal Sovereign Immunity When Foreseeability is Lacking. 197 A. Tort Liability and Commercial Claims. 197 B. Noncommercial and... |
2016 |
Yes |
| Lindsay Cutler |
Tribal Sovereignty, Tribal Court Legitimacy, and Public Defense |
63 UCLA Law Review 1752 (August, 2016) |
In June 2016, the Supreme Court held in United States v. Bryant that uncounseled tribal court convictions could serve as predicate offenses under 18 U.S.C. § 117(a). Citing the public safety crisis in Indian country, the limitations of tribal court sentencing, and the legislative history of Section 117(a), the Court upheld the federal statute... |
2016 |
Yes |
| Lauren Goschke |
Tribes, Treaties, and the Trust Responsibility: a Call for Co-management of Huckleberries in the Northwest |
27 Colorado Natural Resources, Energy & Environmental Law Review 315 (Summer, 2016) |
I. INTRODUCTION. 317 II. THE BASIS OF TREATY INTERPRETATION: FOUNDATIONS OF INDIAN LAW. 320 A. Aboriginal Title. 321 B. Trust Responsibility. 322 C. Treaty Rights. 324 III.TRIBAL RIGHTS TO TREATY-PROTECTED OFF-RESERVATION NATURAL RESOURCES. 326 A. Half the Resource: The Fishing Cases. 329 B. Gathering Rights: The Shellfish Cases. 332 C. Expanding... |
2016 |
Yes |
| Monte Mills |
What Should Tribes Expect from Federal Regulations? The Bureau of Land Management's Fracking Rule and the Problems with Treating Indian and Federal Lands Identically |
37 Public Land & Resources Law Review Rev. 1 (2016) |
I. INTRODUCTION. 2 II. FRACKING: RISKS AND REGULATIONS. 6 A. What is fracking?. 6 B. Risks of Fracking. 7 C. State versus Federal Regulation. 10 III. ENERGY DEVELOPMENT IN INDIAN COUNTRY. 14 A. Trust Relationship. 14 B. Federal Oversight of Energy Development. 16 C. Tribal Regulation. 20 IV. THE BLM'S FRACKING RULE. 21 A. Initial Proposed Rule. 22... |
2016 |
Yes |
| 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 |
|