| Author | Title | Citation | Summary | Year | Key Terms |
| Peter K. Yu |
Virotech Patents, Viropiracy, and Viral Sovereignty |
45 Arizona State Law Journal 1563 (Winter 2013) |
Introduction. 1565 I. Viral Pandemic. 1572 II. Virotech Patents. 1589 III. Viropiracy and Viral Sovereignty. 1604 IV. Toward a New Integrated Approach. 1618 A. The Need for Holistic, Multidisciplinary, Socio-legal Analysis. 1621 B. Negotiation Gains. 1627 1. Lesson #1: Communicable Diseases. 1627 2. Lesson #2: The Radical Turn in Intellectual... |
2013 |
|
| Stephen B. Burbank |
Whose Regulatory Interests? Outsourcing the Treaty Function |
45 New York University Journal of International Law & Politics 1037 (Summer 2013) |
I. Introduction. 1037 II. U.S. Foreign Judgment Recognition Law in Historical Perspective. 1038 III. Negotiations at The Hague and the Choice of Court Convention. 1044 IV. Domestic Responses. 1046 V. Implementing the Choice of Court Convention. 1049 VI. Conclusion. 1060 |
2013 |
|
| Philip Tassin |
Why Treaties Can Abrogate State Sovereign Immunity: Applying Central Virginia Community College v. Katz to the Treaty Power |
101 California Law Review 755 (June, 2013) |
Can individuals sue state governments in federal court for violations of their treaty-based rights? For a long time, the answer to this question appeared to be no--the Supreme Court's doctrine seemed to allow direct suits against states only where Congress properly used its powers under Section 5 of the Fourteenth Amendment to abrogate state... |
2013 |
|
| Philip Tassin |
Why Treaties Can Abrogate State Sovereign Immunity: Applying Central Virginia Community College v. Katz to the Treaty Power |
101 California Law Review 755 (June, 2013) |
Can individuals sue state governments in federal court for violations of their treaty-based rights? For a long time, the answer to this question appeared to be no--the Supreme Court's doctrine seemed to allow direct suits against states only where Congress properly used its powers under Section 5 of the Fourteenth Amendment to abrogate state... |
2013 |
|
| Hannibal Travis |
Wipo and the American Constitution: Thoughts on a New Treaty Relating to Actors and Musicians |
16 Vanderbilt Journal of Entertainment and Technology Law 45 (Fall 2013) |
The World Intellectual Property Organization (WIPO) is seeking to reform U.S. copyright law. The WIPO Treaty on Audiovisual Performances (AV Treaty) would restrict the communication of actors' and musicians' performances without authorization. The treaty would probably make it illegal to display or show clips of performances, or make a movie or... |
2013 |
|
| Jason D. Sanders |
Wolves, Lone and Pack: Ojibwe Treaty Rights and the Wisconsin Wolf Hunt |
2013 Wisconsin Law Review 1263 (2013) |
In 2012, Wisconsin authorized the first state hunt of gray wolves. Wisconsin's interest in wolf depredation is legitimate: the growth in wolf population has exponentially increased human-wolf conflicts and state expense. Yet, Wisconsin shares these wolves; 83 percent of gray wolves reside on Ojibwe reservations or on territory ceded by the Ojibwe,... |
2013 |
|
| Tonya Kowalski |
A Tale of Two Sovereigns: Danger and Opportunity in Tribal-state Court Relations |
47 Tulsa Law Review 687 (Spring 2012) |
As the many Native American nations garner economic strength and come into increasing contact with state and local forums, so do the chances that those forums will come face to face with questions of tribal law. The challenges posed by an Anglo-American court answering questions of tribal law present both danger and opportunity. Opportunities come... |
2012 |
Yes |
| Angelique Townsend EagleWoman , Wambdi A. Wastewin |
Bringing Balance to Mid-north America: Re-structuring the Sovereign Relationships Between Tribal Nations and the United States |
41 University of Baltimore Law Review 671 (Summer 2012) |
The relationships between Tribal Nations and the United States have evolved over time and often in a lopsided manner, with the branches of the U.S. government unilaterally dictating the relationship. International norms require bilateral agreements between governments for full recognition of human rights and to promote peaceful relations. In the... |
2012 |
Yes |
| Lindsey Trainor Golden |
Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos |
45 University of Michigan Journal of Law Reform 1039 (Summer 2012) |
American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are... |
2012 |
Yes |
| Kouslaa Tunee Kessler-Mata (Chumash/Yokut) |
Empowerment Through Incorporation? The Trouble with Agreement Making and Tribal Sovereignty |
47 Tulsa Law Review 599 (Spring 2012) |
In this paper, I consider the ability of formal, institutionalized agreements between tribes and non-federal polities, i.e., states and local governments, to strengthen and secure tribal sovereignty. I argue that agreement making is a form of incorporation that is fundamentally at odds with standard definitions of tribal sovereignty, moving tribes... |
2012 |
Yes |
| Kevin Naud, Jr. |
Fleeing East from Indian Country: State v. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-jurisdictional Fresh Pursuit |
87 Washington Law Review 1251 (December, 2012) |
Abstract: In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court's reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is... |
2012 |
Yes |
| Jane Kloeckner |
Hold on to Tribal Sovereignty: Establishing Tribal Pesticide Programs That Recognize Inherent Tribal Authority and Promote Federal-Tribal Partnerships |
42 Environmental Law Reporter News & Analysis 10057 (January, 2012) |
The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn about indigenous knowledge for protecting human health and the environment. A regulatory reinterpretation or... |
2012 |
Yes |
| |
Indian Aar Taxes Indirect Transfer of Indian Shares but Upholds Eligibility for Mauritius Treaty Capital Gains Exemption |
23 Journal of International Taxation 16 (March, 2012) |
In two separate decisions pronounced recently, India's Authority for Advance Rulings (AAR) considered the taxability of a transaction involving an indirect transfer of an Indian company, and a claim for the capital gains exemption under the India-Mauritius tax treaty. While the AAR upheld the validity of the treaty based on specific facts of the... |
2012 |
Yes |
| David M. Schraver, David H. Tennant |
Indian Tribal Sovereignty--current Issues |
75 Albany Law Review 133 (2011-2012) |
The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one, and of a complex character. There is nothing in the whole compass of our laws so anomalous, so hard to bring within any precise definition, or any logical and... |
2012 |
Yes |
| Sarah Krakoff |
Inextricably Political: Race, Membership, and Tribal Sovereignty |
87 Washington Law Review 1041 (December, 2012) |
Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians racial or political? If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe)... |
2012 |
Yes |
| Jeffrey T. Matson |
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider an Inter-sovereign Approach to Accommodate Federal and Tribal Interests in Water Resources |
88 North Dakota Law Review 97 (2012) |
In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These... |
2012 |
Yes |
| Melody Kapilialoha MacKenzie |
Ke Ala Loa - the Long Native Hawaiian Sovereignty and the State of Hawai'i |
47 Tulsa Law Review 621 (Spring 2012) |
I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... |
2012 |
Yes |
| Brian Kolva |
Lacrosse Players, Not Terrorists : the Effects of the Western Hemisphere Travel Native American International Travel and Sovereignty |
40 Washington University Journal of Law & Policy 307 (2012) |
Most sports fans would agree that a world baseball championship without Americans, a world hockey championship without Canadians, or a world golf championship without Scots--the respective creators of the games--would be inadequate and disappointing. But this was precisely the situation lacrosse fans encountered in July 2010, when the Federation of... |
2012 |
Yes |
| Alexander Hogan |
Native American Communities by Preserving Sovereign Immunity and Determining the Place of Tribal Businesses in the Federal Bankruptcy Code |
43 Columbia Human Rights Law Review 569 (Spring, 2012) |
Revenues raised through Native American enterprises provide crucial support to the Native American communities in which these businesses are located. In particular, many tribes depend upon Indian casino gaming revenues to fund health care, child care, emergency services (police, fire, and ambulance), educational assistance programs, cultural... |
2012 |
Yes |
| Devin Ryan |
Off Native American Tribes Reasserting Sovereign Immunity to Trump Arbitration Agreements |
4 Yearbook on Arbitration and Mediation 286 (2012) |
The Supreme Court's decisions in Turner v. United States and United States v. U.S. Fidelity & Guaranty Co. firmly established the doctrine of tribal sovereign immunity. A Native American tribe enjoys sovereign immunity from suit, unless Congress has authorized the suit or the tribe has waived its immunity. Any such waiver must be clear and... |
2012 |
Yes |
| Frank R. Lawrence , Partner, Holland & Knight LLP |
Reflections on Tribal Sovereignty and Sovereign Immunity |
2012 Aspatore 5898574 (2012) |
To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... |
2012 |
Yes |
| Frank R. Lawrence , Partner, Holland & Knight LLP |
Reflections on Tribal Sovereignty and Sovereign Immunity |
2012 Aspatore 5898574 (2012) |
To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... |
2012 |
Yes |
| Nathalie Martin , Joshua Schwartz |
The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? |
69 Washington and Lee Law Review 751 (Spring, 2012) |
C1-3Table of Contents I. Introduction. 752 II. Background on the Economics of Tribal Life. 754 III. Background on Payday Loans. 758 A. Anatomy of a Payday Loan. 758 B. The Debate over Payday Lending Regulation. 759 C. The Habits of Payday Lenders and Customers. 760 D. The Legal and Regulatory Framework of Payday Lending. 764 IV. Background on... |
2012 |
Yes |
| Katheryn A. Bilodeau |
The Elusive Implied Water Right for Fish: Do Off-reservation Instream Water Rights Exist to Support Indian Treaty Fishing Rights? |
48 Idaho Law Review 515 (2012) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 515 II. BACKGROUND. 517 III. FISHING RIGHTS, ROUND ONE: THE RIGHT TO ACCESS USUAL AND ACCUSTOMED PLACES. 518 IV. CHANGES IN THE COLUMBIA RIVER BASIN. 520 V. FISHING RIGHTS, ROUND TWO: IS THE RIGHT TO TAKE FISH A RIGHT TO THE OPPORTUNITY TO CATCH FISH, OR IS THE RIGHT SOMETHING MORE?. 521 VI. THE IMPLIED... |
2012 |
Yes |
| Harry S. Jackson III |
The Incomplete Loom: Exploring the Checkered past and Present of American Indian Sovereignty |
64 Rutgers Law Review 471 (Winter 2012) |
It has been said that the Indian Wars never ceased, they only changed venue. We are still fighting. We are fighting in courts, we are fighting in Congress-- we are still fighting. And probably we'll always fight, or else we'll really be exterminated, through both acts of aggression or apathy. Rev. Dr. John R. Norwood Kelekpethakomaxkw (Smiling... |
2012 |
Yes |
| Amy Conners |
The Scalpel and the Ax: Federal Review of Tribal Decisions in the Interest of Tribal Sovereignty |
44 Columbia Human Rights Law Review 199 (Fall, 2012) |
Before Martinez, had the petitioners here appeared in tribal court to challenge the default judgment and been denied relief, they could have brought an Indian Civil Rights Act action. Instead, because Martinez denies federal jurisdiction over such actions, the petitioners assault the existence of tribal power rather than its exercise. Ironically, a... |
2012 |
Yes |
| Amanda Van Wieren |
The Silent Sovereign: Tipping the Scales in Reverse-erie Applications of Indian Law |
91 Oregon Law Review 297 (2012) |
Introduction. 298 I. The Doctrines. 300 A. State Law in Federal Court. 300 1. Erie Under the Rules of Decision Act. 301 2. Erie Under the Rules Enabling Act. 302 B. Federal Procedure in State Court. 304 1. Preemption for Beginners. 304 2. Introduction to Reverse- Erie. 307 II. Reverse- Erie in Practice. 310 A. Asymmetry Between the Doctrines. 311... |
2012 |
Yes |
| Natalie Landreth, Erin Dougherty |
The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes |
36 American Indian Law Review 321 (2012) |
When the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, there was little mention of how it might affect tribal sovereignty or tribal jurisdiction. According to its own explicit terms, it was a land settlement: aboriginal claims were extinguished in exchange for 45.5 million acres of land in fee simple and almost $1 billion. Despite... |
2012 |
Yes |
| Erin E. Odell |
United States v. Gallaher: the Ninth Circuit's Disingenuous Native American Sovereignty |
38 New England Journal on Criminal and Civil Confinement 291 (Summer, 2012) |
In April 1991, James H. Gallaher, Jr. shared a home with the mother of his infant daughter, Jennifer Clark, and a friend, Edwin Pooler. One day Pooler arrived at the shared home drunk and urinated on the floor, splashing urine onto Clark's daughter. Clark told Gallaher about these events and Gallaher found Pooler at a nearby bar where the two men... |
2012 |
Yes |
| Melinda R. Lewis |
A "Right Without a Remedy": an Analysis of the Sovereign Immunity Issues Implicated by State Power (Or the Lack Thereof) over Immigration Following Arizona v. United States |
26 Georgetown Immigration Law Journal 629 (Spring, 2012) |
In June 2012, the Supreme Court allowed Arizona's controversial law requiring mandatory immigration status checks to go into effect. In a 5-3 decision, the Court held that it was improper to enjoin the mandatory immigration status check before the state courts had an opportunity to interpret it and without some showing that it in fact conflicts... |
2012 |
|
| Charles Epps Ipock |
A Judicial and Economic Analysis of Attorney's Fees in Trust Litigation and the Resulting Inequitable Treatment of Trust Beneficiaries |
43 Saint Mary's Law Journal 855 (2012) |
I. Introduction. 856 II. The Concepts and Principles of Trusts. 859 A. Development of Trust Principles. 859 B. Purposes of Trusts. 860 C. Revocable and Irrevocable Trusts and the Parties Involved. 861 D. The Interrelationship Between the Parties of a Trust. 863 E. The Remedies Available to a Beneficiary When a Trustee Breaches Fiduciary Duties. 866... |
2012 |
|
| Bruce P. Frohnen |
A Problem of Power: the Impact of Modern Sovereignty on the Rule of Law in Comparative and Historical Perspective |
20 Transnational Law & Contemporary Problems 599 (Winter 2012) |
I. Introduction. 599 II. Modern Sovereignty. 601 III. The Origins of Modern Sovereignty. 605 IV. Colonialism as the Extension of Sovereignty. 613 V. The Tragedy of Semi-Sovereignty in Sub-Saharan Africa. 618 VI. Sovereignty Tamed. 626 VII. Conclusion. 631 |
2012 |
|
| Marc Edelman |
A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime |
3 Harvard Journal of Sports & Entertainment Law L. 1 (Winter, 2012) |
C1-3TABLE OF CONTENTS I. Introduction. 3 II. The History of Fantasy Sports Leagues. 4 A. Before Fantasy Sports. 4 B. A New Game is Created. 5 C. The First Rotisserie League Baseball Auction. 7 D. Rotisserie Baseball Grows in Popularity. 8 E. The Internet Boom. 9 III. The Fantasy Sports Industry Today. 11 A. Different Types of Fantasy Games. 11 1.... |
2012 |
|
| John Quigley |
A Tragi-comedy of Errors Erodes Self-execution of Treaties: Medellín v. Texas and Beyond |
45 Case Western Reserve Journal of International Law 403 (Fall, 2012) |
The 2008 U.S. Supreme Court decision in Medellín v. Texas has generated concern that the doctrine of self-execution of treaties is being eviscerated. The Court's decision involved misapplication of that doctrine in a case in which self-execution should not have been center stage in the first place. The case should have turned on presidential power,... |
2012 |
|
| Molly K. Madden |
Abbott v. Abbott: Reviving Good Faith and Rejecting Ambiguity in Treaty Jurisprudence |
71 Maryland Law Review 575 (2012) |
In Abbott v. Abbott, the Supreme Court of the United States considered whether ne exeat rights constitute rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Court held that ne exeat rights, which require parental consent when another parent removes a child abroad, are in... |
2012 |
|
| Yilin Ding |
Absolute, Restrictive, or Something More: Did Beijing Choose the Right Type of Sovereign Immunity for Hong Kong? |
26 Emory International Law Review 997 (2012) |
Hong Kong was a British colony until 1997 when it was returned to China. Today, Hong Kong remains a common law jurisdiction, distinct from Mainland China, and enjoys a high degree of autonomy. Before 1997, Hong Kong followed the British doctrine of restrictive sovereign immunity, under which a foreign sovereign is not immune from claims arising out... |
2012 |
|
| Anna C. Erwin |
Arizona Senate Bill 1070, Brignoni, and the Convention on the Elimination of All Forms of Racial Discrimination: Has the United States Complied with its Treaty Obligations, and Should it in the Future? |
11 Washington University Global Studies Law Review 193 (2012) |
On December 21, 1965, in the midst of apartheid and extreme racial tensions throughout the world, the General Assembly of the United Nations (UN) signed and ratified the Convention on the Elimination of All Forms of Racial Discrimination (CERD). CERD seeks to prohibit and to eliminate racial discrimination in all its forms and to guarantee the... |
2012 |
|
| Christopher R. Lepore |
Asserting State Sovereignty over National Communities of Islam in the United States and Britain: Sharia Courts as a Tool of Muslim Accommodation and Integration |
11 Washington University Global Studies Law Review 669 (2012) |
Britain has recently conferred legal validity to decisions made by courts that apply sharia law, the Islamic religious code, under the 1996 Arbitration Act. According to Sheikh Faiz-ul-Aqtab Siddiqi, a legal advisor to the Muslim Arbitration Tribunal, the Act allows for consenting Muslims to obtain judgments based on sharia law through arbitration,... |
2012 |
|
| Fred O. Smith, Jr. |
Awakening the People's Giant: Sovereign Immunity and the Constitution's Republican Commitment |
80 Fordham Law Review 1941 (April, 2012) |
This Article explores the relationship between two constitutional doctrines that have faced withering criticisms. The first is the scant jurisprudence emanating from the Guarantee Clause, a provision that requires the United States to ensure republican forms of government in every state. John Hart Ely and Richard Posner, among others, have observed... |
2012 |
|
| Anna Gelpern |
Bankruptcy, Backwards: the Problem of Quasi-sovereign Debt |
121 Yale Law Journal 888 (January, 2012) |
This Feature considers the debts of quasi-sovereign states in light of proposals to let them file for bankruptcy protection. States that have ceded some but not all sovereign prerogatives to a central government face distinct challenges as debtors. It is unhelpful to analyze these challenges mainly through the bankruptcy lens. State bankruptcy... |
2012 |
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| |
Belgium's Exclusion of Member State Branch Net Equity from Nid Calculation Violates Eu Treaty |
23 Journal of International Taxation |
In Argenta (C-350/11, September 19, 2012), Advocate General (AG) Mengozzi recommended declaring Belgium's requirement to exclude the net equity of branches established in other member states when calculating the notional interest deduction (NID) incompatible with the EU freedom of establishment (Article 43 EC Treaty, now Article 49 TFEU (Treaty on... |
2012 |
|
| William Thomas Worster |
Between a Treaty and Not: a Case Study of the Legal Value of Diplomatic Assurances in Expulsion Cases |
21 Minnesota Journal of International Law 253 (Spring 2012) |
I. Background. 254 II. Diplomatic Assurances as Treaties. 266 A. An Agreement Concluded Between States. 272 B. In Writing. 285 C. Governed by International Law. 288 1. Anthony Aust. 289 2. Jan Klabbers. 304 3. The Role of Formal Assessment and Enforcement. 307 4. Private Law Analogies. 313 5. Conclusion on the Law of Treaties. 319 6. Application to... |
2012 |
|
| Ruqaiijah Yearby |
Breaking the Cycle of "Unequal Treatment" with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias |
44 Connecticut Law Review 1281 (April, 2012) |
Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (Title VI) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never... |
2012 |
|
| Steven Menashi |
Cain as His Brother's Keeper: Property Rights and Christian Doctrine in Locke's Two Treatises of Government |
42 Seton Hall Law Review 185 (2012) |
In his Theories of Surplus Value, Karl Marx devotes a brief chapter to John Locke's disagreement with Sir Dudley North on the cause of high interest rates. In it, Marx summarizes Locke's labor theory of property, and he concludes with an arresting aside: Locke's analysis is all the more important since he is the classical exponent of bourgeois... |
2012 |
|
| Nikki Smith |
Children's Rights Nationally and Internationally During the Deportation of Their Parents or Themselves Does the Right to Sovereignty Trump the Best Interest of the Child? |
5 the crit: a Critical Studies Journal J. 1 (Summer, 2012) |
This paper advances a controversial analysis of children's rights in immigration proceedings in the United States, explaining how current US immigration laws both deny children fundamental rights set out in the US Constitution and violate the US's international human rights obligations. My analysis explores the historical progression of children's... |
2012 |
|
| Ric Simmons |
Chooseyourjudges.org: Treating Elected Judges as Politicians |
45 Akron Law Review Rev. 1 (2012) |
I. Introduction. 1 II. Electing Our Judges-A Brief Overview. 5 A. Diversity of Judicial Selection Methods. 5 B. History. 6 C. Arguments in Favor of Electing Judges. 8 D. Arguments Against Electing Judges. 9 E. The Current State of the Debate. 10 III. The Challenge: Getting Information to the Voters. 10 A. Background and Qualifications of... |
2012 |
|
| James Croke |
Chuaigh Ár Lá - Debt of a Gaelsman: Ireland's Sovereign Debt Crisis, National and International Responses |
32 Northwestern Journal of International Law and Business 365 (Winter 2012) |
Abstract: How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980's and early 1990's it undertook structural reforms... |
2012 |
|
| Rachael Paschal Osborn |
Climate Change and the Columbia River Treaty |
2 Washington Journal of Environmental Law & Policy 75 (June, 2012) |
Justice O.W. Holmes, New Jersey v. New York, 283 U.S. 336, 342 (1931) Abstract: The year 2014 is a key date for the potential re-negotiation of the Columbia River Treaty between the United States and Canada. The Treaty coordinates hydropower operations at 14 mainstem and multiple tributary dams, with the dual goals of maximizing flood control and... |
2012 |
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| Gil Gott , Sumi Cho |
Cluster Introduction: Culture, Knowledge, Law, and Community Countering "New Sovereignty" with Knowledge |
22 Berkeley La Raza Law Journal 67 (2012) |
Sovereignty, as used in this introduction to the cluster of articles on Culture, Knowledge, Law and Community, refers to a form of both social identity and political organization. We use the concept of sovereignty and new sovereignty to provide a broader lens through which to analyze the set of articles in this cluster addressing topical issues... |
2012 |
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| Erica Burleigh |
Coercion, Conviction, Conversion: Sovereign Selves and Interior States in Colonial Piracy Trials and Narratives |
24 Law and Literature 151 (Summer, 2012) |
Abstract: This essay argues that the legal and religious rhetoric surrounding Anglo-American piracy trials in the late seventeenth and early eighteenth centuries staged an emerging understanding of individual will and sovereignty as both an extension of and in conflict with political sovereignty. Published reports of piracy trials and execution... |
2012 |
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