AuthorTitleCitationSummaryYearKey Terms
David H. House , Thomas Weathers Indian Tribes and Casinos 35-NOV Montana Lawyer Law. 5 (November, 2009) Some believe there is a judicial trend of restricting Indian law tax immunities. If so, this trend may be an offshoot of recent U.S. Supreme Court decisions chipping away at tribal sovereignty, or it may be influenced by a narrow and inaccurate view of tribes as rich casinos. As Montanans know, thinking of tribes as rich casinos ignores the... 2009 Yes
Kristen A. Carpenter Interpretive Sovereignty: a Research Agenda 33 American Indian Law Review 111 (2008-2009) In federal Indian law, the treaty operates as our foundational legal text. Reflecting centuries-old historical political arrangements between Indian nations and the United States, treaties remain vital legal instruments that decide dozens of legal cases each year. Yet, these treaties-originally drafted in English by the federal government,... 2009  
Guadalupe Gutierrez, Ph.D. Jurisdictional Ambiguities among Sovereigns: the Impact of the Indian Gaming Regulatory Act on Criminal Jurisdiction on Tribal Lands 26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... 2009 Yes
Michelle Smith , Janet C. Neuman Keeping Indian Claims Commission Decisions in Their Place: Assessing the Preclusive Effect of Icc Decisions in Litigation over Off-reservation Treaty Fishing Rights 31 University of Hawaii Law Review 475 (Summer, 2009) Congress established the Indian Claims Commission (ICC) in 1946 as a forum to adjudicate claims by Native American tribes against the United States. Between 1946 and its termination in 1978, the Commission decided 610 tribal claims and awarded over 800 million dollars in compensation to 170 tribes. Although the ICC's remedial authority was limited... 2009 Yes
Trevor Cutaiar Lane ex Rel. Lane v. Halliburton: the Fifth Circuit's Recent Treatment of the Political Question Doctrine and What it Could Mean for Comer v. Murphy Oil 55 Loyola Law Review 393 (Summer 2009) It was widely reported as the Good Friday Massacre. Although the term might cause twentieth century American historians to think of the schoolbook images of bloodshed between Native Americans and English settlers in colonial Jamestown, the United States' recent presence in Iraq and the United States military's financial conscription of civilian... 2009  
David H. Moore Law(makers) of the Land: the Doctrine of Treaty Non-self-execution 122 Harvard Law Review Forum 32 (January, 2009) Last year, in Medellín v. Texas, the Supreme Court handed down its most important decision on the domestic status of treaties in almost two hundred years. The Court concluded that the International Court of Justice's (ICJ) judgment in the Case Concerning Avena and Other Mexican Nationals is not binding federal law because the treaties rendering the... 2009  
Timothy A. Canova Lincoln's Populist Sovereignty: Public Finance Of, By, and for the People 12 Chapman Law Review 561 (Spring 2009) In recent months, there has been a resurgence of interest in the presidency of Abraham Lincoln, in no small part because a new president, also from Illinois, has openly and repeatedly identified with and invoked Lincoln. Academic interest in Lincoln has mostly focused on the darker side of wartime presidential powers, such as the suspension of... 2009  
Darren J. Ranco Models of Tribal Environmental Regulation 56-APR Federal Lawyer 46 (March/April, 2009) This article examines the current regulatory models in tribal environmental programs to see if the regulations meet standards of tribal sovereignty that are designed to protect tribal cultures and lifeways. In particular, I am concerned that the approaches to regulation currently available to tribes-- driven by federal mandates and notions of... 2009 Yes
Gloria Patricia Gaviria Blanco , Diana M. Faraclas Monetary Sovereignty and the Dollarization of Latin-american Economies 18-WTR Currents: International Trade Law Journal L.J. 4 (Winter, 2009) Traditionally, under the concept of monetary sovereignty, it is presumed that each country has the exclusive authority to regulate every aspect of its currency, including any factor that may affect it internally or externally. However, in Latin America, management of currency affairs has not escaped the process of internationalization. Economic... 2009  
Winston P. Nagan, Erin K. Slemmens National Security Policy and Ratification of the Comprehensive Test Ban Treaty 32 Houston Journal of International Law L. 1 (Fall 2009) I. Introduction. 2 II. part one: Work Towards a Comprehensive Nuclear Test Ban. 11 III. Part Two: The rise and fall of the ctbt in the u.s. senate. 27 IV. Part Three: political fallout of the rejection of the ctbt. 40 V. Part four: international treaties as a component for strong national security. 46 VI. conclusion. 66 VII. postscript. 84 2009  
Rebecca Tsosie Native Nations and Museums: Developing an Institutional Framework for Cultural Sovereignty 45 Tulsa Law Review Rev. 3 (Fall 2009) One of the central functions of the modern Museum is to create exhibits that portray diverse cultures through various time periods, thereby introducing peoples to one another in the absence of a more personal interaction. There is an entire conversation about the ethics of such portrayals and the role of curators as interpreters of history,... 2009  
Blake W. Jackson Notorious: the Treatment of Famous Trademarks in America and How Protection Can Be Ensured 3 Journal of Business, Entrepreneurship and the Law 61 (Fall 2009) I. INTRODUCTION. 63 II. BACKGROUND. 65 A. Implementing Protection for Famous Foreign Trademarks Is Not a New Problem. 65 B. History of the Famous Foreign Marks Doctrine in America. 65 C. The Lanham Act Provides No Statutory Foundation. 66 D. Protection for Famous Foreign Marks in America is Only Found in Common Law. 67 1. Prunier's. 68 2. The Stork... 2009  
Leticia M. Diaz, Barry Hart Dubner On the Evolution of the Law of International Sea Piracy: How Property Trumped Human Rights, the Environment and the Sovereign Rights of States in the Areas of the Creation and Enforcement of Jurisdiction 13 Barry Law Review 175 (Fall, 2009) One cannot pick up a newspaper or watch the news these days without seeing articles or stories about the Somali pirates. In fact, piracy has taken an increasing toll on international shipping in the key water link between the Mediterranean Sea and the Indian Ocean. In 2008, a total of forty-nine vessels were hijacked worldwide. Forty-two of the... 2009  
Timothy G. Nelson Passport, S'il Vous Plaît?: Investment Treaty Protection and the Individual Investor's Citizenship 32 Suffolk Transnational Law Review 451 (Symposium 2009) When contemplating the protections afforded to private investors by Free Trade Agreements (FTAs) or Bilateral Investment Treaties (BITs) - and the concomitant right to pursue investor-state arbitration before bodies such as the International Centre for Settlement of Investment Disputes (ICSID) - we usually think of rights and claims held by... 2009  
Kenan Mullis Playing Chicken with Bird Flu: "Viral Sovereignty," the Right to Exploit Natural Genetic Resources, and the Potential Human Rights Ramifications 24 American University International Law Review 943 (2009) INTRODUCTION. 944 I. BACKGROUND. 946 A. Indonesia's History of Avian Influenza and Cooperation with the World Health Organization. 947 B. The Convention on Biological Diversity. 949 C. The International Covenant on Economic, Social and Cultural Rights. 951 II. ANALYSIS. 953 A. Viruses are Genetic Resources within the Meaning of Article 15 of the... 2009  
Sina Kian Pleading Sovereign Immunity: the Doctrinal Underpinnings of Hans v. Louisiana and ex Parte Young 61 Stanford Law Review 1233 (March, 2009) Introduction. 1233 I. Sovereign Immunity: The Political Narratives of Hans v. Louisiana. 1235 A. Sovereign Immunity: A Crash Course. 1239 B. Torts Versus Contracts: A Misstep. 1241 II. The Common Law Pleading System. 1245 A. Common Law Framework: A Case Study. 1247 B. Madrazo Revisited. 1252 C. Marshall Court: Continued. 1255 D. The Pattern... 2009  
Dianna T. Kenny, Istvan Schreiner , The University of Sydney Predictors of High-risk Alcohol Consumption in Young Offenders on Community Orders 15 Psychology, Public Policy, and Law 54 (February, 2009) The present study examined the relationship between a set of individual and contextual variables and high-risk alcohol use among young offenders placed on community orders in New South Wales, Australia. Participants (n = 777) were compared on a set of factors known to be strong predictors of high-risk alcohol use among adolescents. The authors... 2009  
Mark Sobocienski Protecting the Great Lakes in the Face of a Water Crisis: the Need for Immediate Ratification of the Great Lakes--st. Lawrence River Basin Water Resources Compact, and for an Amendment to the Boundary Waters Treaty of 1909 21 Saint Thomas Law Review 478 (Spring 2009) Introduction. 479 I. Geography of the Great Lakes: Abundance of Water but Still Vulnerable. 485 II. The Evolution of Legislation Protecting the Great Lakes from Diversions Outside of its Basin. 486 A. The Boundary Waters Treaty of 1909. 486 B. The Original Great Lakes Basin Compact. 489 C. Great Lakes Charter of 1985. 490 D. Water Resources... 2009  
Manav Bhatnagar Reconsidering the Indus Waters Treaty 22 Tulane Environmental Law Journal 271 (Summer 2009) I. Introduction. 271 II. The Indus Waters Treaty. 272 A. From Partition to the Bargaining Table. 272 B. The Agreement: Negotiation and Terms. 275 C. Resilience and Disputes. 278 III. Growing Discontent. 280 A. An Antiquated Approach to Demand. 281 B. A Political Miscalculation. 284 1. Overstated Antagonism. 285 2. Underestimated Antagonism. 287 3.... 2009  
Dan E. Stigall Refugees and Legal Reform in Iraq: the Iraqi Civil Code, International Standards for the Treatment of Displaced Persons, and the Art of Attainable Solutions 34 Rutgers Law Record Rec. 1 (Spring, 2009) A recent report by Refugees International notes that Iraq is currently faced with one of the most acute displacement crises in the world. There are over 5 million Iraqis displaced by violence--2.7 million of whom are internally displaced within Iraq. Such a situation creates not only a humanitarian crisis, but also a perverse opportunity for... 2009  
Kristin M. Roshelli Religiously Based Discrimination: Striking a Balance Between a Health Care Provider's Right to Religious Freedom and a Woman's Ability to Access Fertility Treatment Without Facing Discrimination 83 Saint John's Law Review 977 (Summer 2009) A woman is having a difficult time becoming pregnant, but she desperately wants to have a child. She and her female partner live in a rural area and seek out the only physician in town to undergo intrauterine insemination, a fertility treatment that will increase her chances of becoming pregnant. The physician at the fertility center informs the... 2009  
Antony Anghie Rethinking Sovereignty in International Law 5 Annual Review of Law and Social Science 291 (2009) self-defense, democracy and international law, imperialism Sovereignty has always been a controversial topic in international law. The most prominent attempts to rethink sovereignty in recent times have arisen out of the policies of the Bush administration, particularly its conceptualization of self-defense and its attempts to promote democracy... 2009  
Erica J. Thorson Sharing Himalayan Glacial Meltwater: the Role of Territorial Sovereignty 19 Duke Journal of Comparative & International Law 487 (Spring 2009) Mountain glaciers around the world are melting. The Intergovernmental Panel on Climate Change and the World Glacier Monitoring Service both predict that the Andean and Himalayan glaciers, sources of freshwater for millions of people, will retreat irreversibly in the coming decades, forever releasing their savings accounts of freshwater. Glacial... 2009  
Lincoln L. Davies Skull Valley Crossroads: Native Sovereignty and the Federal Trust 68 Maryland Law Review 290 (2009) It has been long recognized that a deep tension pervades federal American Indian law. The foundational principles of the field--on the one hand, the notion that tribes keep their inherent right of sovereignty and, on the other, that the federal government has a power and duty to protect them--clash on their face. Despite years of criticism of this... 2009 Yes
Dale Beck Furnish Sorting out Civil Jurisdiction in Indian Country after Plains Commerce Bank: State Courts and the Judicial Sovereignty of the Navajo Nation 33 American Indian Law Review 385 (2008-2009) People need to be aware of the rightful place of Indian Nations. -- Chief Justice Herb Yazzie, Navajo Nation Supreme Court On June 25, 2008, the Supreme Court of the United States decided Plains Commerce Bank v. Long Family Land & Cattle Co., applying Strate v. A-1 Contractors, decided eleven years before. Whereas the high court decided Strate by... 2009 Yes
Matthew Paik Sovereign Immunity and Patent Infringement, Ten Years after Florida Prepaid: the State of the Law and How it Can Be Fixed 60 Hastings Law Journal 901 (March, 2009) In the lucrative world of patents, the University of California is a major player. It receives by far more patents from the U.S. government than any school in the country. And by licensing out its intellectual property, the university has generated about $500 million in revenue in the past five years. The school also aggressively uses the courts as... 2009  
Alexis Blane Sovereign Immunity as a Bar to the Execution of International Arbitral Awards 41 New York University Journal of International Law & Politics 453 (Winter 2009) I. Introduction. 454 II. Domestic Enforcement and Execution of Foreign Arbitral Awards. 456 A. The Law Governing Enforcement. 456 B. Domestic Law of Sovereign Immunity as a Bar to Execution. 459 C. The Scope of the Problem. 464 III. Case Studies. 467 A. The LETCO Arbitration. 467 B. Sedelmayer v. Russia. 468 C. The Noga Arbitration. 470 D.... 2009  
Anthony Wong Sovereign Wealth Funds and the Problem of Asymmetric Information: the Santiago Principles and International Regulations 34 Brooklyn Journal of International Law 1081 (2009) In 2008 and 2009, Sovereign Wealth Funds (SWF) appeared almost daily in financial news and had risen in significance in international capital markets and policy circles. Having grown in number and size, SWFs are now the second largest class of investors in the international capital market. In general terms, SWFs are private equity funds run by... 2009  
Brendan J. Reed Sovereign Wealth Funds: the New Barbarians at the Gate? An Analysis of the Legal and Business Implications of Their Ascendancy 4 Virginia Law & Business Review 97 (Spring 2009) All Trade Is At Last A Trade Of Barter, And No Nation Will Long Buy, Unless It Can Also Sell, - Nor Will It Long Sell If It Will Not Also Buy -David Ricardo in a letter to Thomas Robert Malthus, June 26, 1814, London Introduction: A Discussion of the Scope of Sovereign Wealth Funds. 98 I. The Trade Law Debate - Analyzing the Criticism and Support... 2009  
Jeff M. Kosseff Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses 5 Florida A & M University Law Review 131 (Fall 2009) I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... 2009 Yes
Jeff M. Kosseff Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses 5 Florida A & M University Law Review 131 (Fall 2009) I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... 2009 Yes
Kathryn Isted Sovereignty in the Arctic: an Analysis of Territorial Disputes & Environmental Policy Considerations 18 Journal of Transnational Law & Policy 343 (Spring, 2009) Global climate change has affected the Arctic region with greater intensity than the rest of the world. The warming Arctic temperature is causing an unprecedented reduction of its trademark sea ice. The summer of 2007 marked record-breaking shrinkage, spurring estimates that the Arctic may have ice-free summers before the close of this century. As... 2009  
Major Christopher E. Martin Sovereignty, Meet Globalization: Using Public-private Partnerships to Promote the Rule of Law in a Complex World 202 Military Law Review 91 (Winter 2009) The international system--as constructed following the Second World War--will be almost unrecognizable by 2025 owing to the rise of emerging powers, a globalizing economy, an historic transfer of relative wealth and economic power from West to East, and the growing influence of nonstate actors. For hundreds of years, nation-states enjoyed a unique... 2009  
Justin C. Carlin State Sovereign Immunity and Privatization: Can Eleventh Amendment Immunity Extend to Private Entities? 5 FIU Law Review 209 (Fall, 2009) Since the privatization-boom of the 1980s and 1990s, state governments have transferred a large number of traditionally public functions to private firms by: (1) privatizing traditionally public entities, and (2) contracting out to traditionally private entities. For the first time in American law, entities in these types of privatization schemes... 2009  
Julian Yap State Sovereign Immunity and the Law of Nations: Incorporating a Commercial Act Exception into Eleventh Amendment Sovereign Immunity 78 University of Cincinnati Law Review 81 (Fall 2009) I. Introduction. 83 II. The Eleventh Amendment and the Doctrine of State Sovereign Immunity. 86 A. Origins of the Eleventh Amendment. 86 B. Evolution of the Doctrine Eleventh Amendment Immunity. 88 C. Immunity for the State's Commercial Activities. 90 III. The Commercial Act Exception in Nation-State Sovereign Immunity. 92 IV. Eleventh Amendment... 2009  
Eugene Kontorovich The "Define and Punish" Clause and the Limits of Universal Jurisdiction 103 Northwestern University Law Review 149 (Winter 2009) Introduction. 150 I. Methodological Issues. 156 A. Interpretive Theories. 156 B. Evolution in Common and International Law. 157 II. Origins of the Clause. 159 A. The Drafting. 160 B. The Double Redundancy. 163 C. Uniqueness of Piracy. 165 D. Summary. 167 III. Policy of the Clause. 168 A. Purposes. 168 B. Background Assumptions. 171 C. Summary. 174... 2009  
Paul F. Figley , Jay Tidmarsh The Appropriations Power and Sovereign Immunity 107 Michigan Law Review 1207 (May, 2009) Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence--or nonexistence--of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies... 2009  
Cullen D. Sweeney The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty 33 American Indian Law Review 549 (2008-2009) The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... 2009 Yes
Cullen D. Sweeney The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty 33 American Indian Law Review 549 (2008-2009) The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... 2009 Yes
David Sloss The Constitutional Right to a Treaty Preemption Defense 40 University of Toledo Law Review 971 (Summer 2009) THE Constitution includes several provisions specifically designed to protect criminal defendants. For example, the Fourth Amendment prohibits unreasonable searches and seizures, the Sixth Amendment guarantees that criminal defendants have a right to legal representation, and the Eighth Amendment prohibits cruel and unusual punishments. The... 2009  
Jonathan Goldberg-Hiller, University of Hawai'i The Cultivation of Resentment: Treaty Rights and the New Right. By Jeffrey R. Dudas. Palo Alto, Ca: Stanford University Press, 2008. Pp. 224. $50.00 Cloth 43 Law and Society Review 451 (June, 2009) Too many years after the tide turned on civil rights in the United States, conservative countermobilization is gaining deserved attention in sociolegal studies. Dudas's new book adds theoretical and historical heft to this project by analyzing in detail legal mobilization against Indian treaty rights, refining emergent theoretical apparatuses... 2009  
Daphne Anayiotos The Cultural Genocide Debate: Should the Un Genocide Convention Include a Provision on Cultural Genocide, or Should the Phenomenon Be Encompassed in a Separate International Treaty? 22 New York International Law Review 99 (Summer, 2009) Though ancient in its etymology, the use of the term genocide has its roots in the twentieth century. The word was coined in 1943 by Ralph Lemkin, a Polish law professor, to describe the Nazi genocide of Jews and Roma then taking place in Europe. According to Robert Fisk, the word genocide was first used by Lemkin to describe the elimination of... 2009  
Joshua Jay Kanassatega The Discovery Immunity Exception in Indian Country--promoting American Indian Sovereignty by Fostering the Rule of Law 31 Whittier Law Review 199 (Winter 2009) It is axiomatic in federal court litigation that every person within the jurisdiction of the Government is bound to perform when properly summoned. This axiom is fundamental to the public's interest in the orderly operation of the judicial machinery. The public policy underlying this maxim suggests that there should be few, if any, exceptions... 2009 Yes
Noah Novogrodsky The Duty of Treatment: Human Rights and the Hiv/aids Pandemic 12 Yale Human Rights and Development Law Journal L.J. 1 (2009) This Article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy, and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and... 2009  
Brad R. Roth The Entity That Dare Not Speak its Name: Unrecognized Taiwan as a Right-bearer in the International Legal Order 4 East Asia Law Review 91 (2009) James Crawford's magisterial 2006 second edition of The Creation of States in International Law, updating his 1979 text in light of the intervening period's vast accumulation of international practice, was much awaited in Taiwan, which has seen a major transformation in its external relations over the last quarter-century. Though Crawford asserts... 2009  
Johan D. van der Vyver The Environment: State Sovereignty, Human Rights, and Armed Conflict 23 Emory International Law Review 85 (2009) Environmental protection has never been a high priority of international law, or for that matter of municipal legal systems. But times have changed--at least somewhat. During the last quarter of the twentieth century, interest in and laws pertaining to the natural environment have increased at a remarkable rate, both in municipal legal systems and... 2009  
Tonya Kowalski The Forgotten Sovereigns 36 Florida State University Law Review 765 (Summer, 2009) Our federal system includes 564 federally recognized American Indian nations, most of which have their own sovereign lands, governments, and court systems, and who interact every day with the state and federal systems. Yet most legal thought overlooks our sovereign Native American nations and legal heritage. Although much of American law and policy... 2009  
Jewel Amoah, Tom Bennett The Freedoms of Religion and Culture under the South African Constitution: Do Traditional African Religions Enjoy Equal Treatment? 24 Journal of Law and Religion Religion 1 (2008-2009) On Sunday, January 20, 2007, Tony Yengeni, former Chief Whip of South Africa's governing party, the African National Congress (ANC), celebrated his early release from a four-year prison sentence by slaughtering a bull at his father's house in the Cape Town township of Gugulethu. This time-honored African ritual was performed in order to appease the... 2009  
Ragini Tripathi The H-2b Visa: Is this How We Treat a Guest? 11 Scholar: St. Mary's Law Review on Minority Issues 519 (Spring 2009) I. Introduction. 519 II. Legal Background. 523 A. History of the Guest Worker in the United States. 523 B. Evolution of the Guest Worker Program. 526 C. The H-2B Guest Worker. 529 III. Legal Analysis I. 533 A. Modern Slavery. 533 B. Specific Gains for Guest Workers. 536 C. Defining Human Trafficking. 538 D. Protecting Trafficked Guest Workers. 542... 2009  
Charles R. McManis , Eul Soo Seo The Interface of Open Source and Proprietary Agricultural Innovation: Facilitated Access and Benefit-sharing under the New Fao Treaty 30 Washington University Journal of Law and Policy 405 (2009) The origin of plant innovation traces back to primitive cropping and domestication of plants for food--to the very beginnings of agriculture. For millennia since then, farmers have selected naturally occurring variants that have shown higher yield or seemed better adapted for cultivation and have replanted seeds of those variants for the following... 2009  
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