AuthorTitleCitationSummaryYearKey Terms
Hanna Chung Smaller Exchanges, Larger Regimes: How Trading in Small, Interdependent Units Affects Treaty Stability 10 Chicago Journal of International Law 825 (Winter 2010) Suppose two parties desire to divide a $300 prize equally, but only have $100 bills at their disposal. As long as the unit of exchange remains too large for equal division, the two parties seem destined for an uneven and uneasy agreement. The solution seems simple: exchange the $100 bills for $50 bills, so that the unit of exchange is small enough... 2010  
Christina A. Hoefsmit Southern Ocean Shakeup: Establishing Sovereignty in Antarctica and the Consequences for Fishery Management 15 Roger Williams University Law Review 547 (Summer 2010) Celebrating its 50 anniversary in 2009, the Antarctic Treaty has been hailed as a successful model of international cooperation. Such praise primarily stems from the continued cooperative governance of Antarctica for peaceful and scientific purposes, largely preventing Antarctica's disputed territorial claims from escalating into an international... 2010  
Larry Catá Backer Sovereign Investing in Times of Crisis: Global Regulation of Sovereign Wealth Funds, State-owned Enterprises, and the Chinese Experience 19 Transnational Law & Contemporary Problems Probs. 3 (Winter 2010) I. Introduction. 5 II. Projections of Public Economic Power in Private Form: Contextualizing SWFs in Form, Function, and Policy. 24 A. The Formalist Definition of the Operations of SWFs. 27 B. Function in Sovereign Investing. 34 1. Libya. 35 2. Singapore. 37 3. Norway. 39 4. United Arab Emirates. 43 5. Russia. 45 6. Brazil. 46 7. Form and Function... 2010  
Rumu Sarkar Sovereign Wealth Funds as a Development Tool for Asean Nations: from Social Wealth to Social Responsibility 41 Georgetown Journal of International Law 621 (Spring, 2010) While sovereign wealth funds (SWFs) have existed since the 1950s, their significance and importance in economic, political, and policy terms have increased exponentially in the past decade or so. Ironically, though, it may be argued that the development aspects of SWFs have been a missing dimension from the latest rounds of analysis and scrutiny.... 2010  
Larry Catá Backer Sovereign Wealth Funds as Regulatory Chameleons: the Norwegian Sovereign Wealth Funds and Public Global Governance Through Private Global Investment 41 Georgetown Journal of International Law 425 (Winter, 2010) I. Introduction. 425 II. Conceptual and Regulatory Framework: Public Actors and Private Action. 436 III. The Norway Sovereign Wealth Funds. 450 A. History. 450 B. Legal Structure. 453 C. Investment Principles. 456 IV. The Norway Funds in Action: Private and Participatory or Public and Regulatory?. 463 A. Corporate Social Responsibility and Ethics.... 2010  
Donald L. Doernberg Sovereignty in the Age of Twitter 55 Villanova Law Review 833 (2010) Secrecy begets tyranny. [N]am et ipsa scientia potestas est. Power tends to corrupt; absolute power corrupts absolutely. THE assignment given to symposium participants was simply to examine some aspect of sovereignty. My colleagues focused their presentations on various aspects of Native American tribal sovereignty interacting with that asserted... 2010  
Isaac Wayne Burkhart Sovereignty Showdown in Big Sky Country (And Beyond): the Montana Firearms Freedom Act 37 Northern Kentucky Law Review 163 (2010) What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. On April 15, 2009, Montana's staunchly pro-gun governor, Brian Schweitzer (D), signed into law House Bill 246, the Montana Firearms Freedom Act (hereinafter the Act or FFA). The Act... 2010  
Allison M. Dussias Spirit Food and Sovereignty: Pathways for Protecting Indigenous Peoples' Subsistence Rights 58 Cleveland State Law Review 273 (2010) The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians . . . together with the privilege of hunting and gathering roots and berries . . . . -Treaty of Point No Point, 1855 Water is the life-supporting blood of Mother Earth that human beings share in common with all living things. -Sokaogon Chippewa... 2010  
Collette L. Adkins Giese Spreading its Wings: Using the Migratory Bird Treaty Act to Protect Habitat 36 William Mitchell Law Review 1157 (2010) I. The MBTA's Enactment, Major Provisions, and Modest Evolution. 1160 A. Congress Passed the MBTA in Response to a Decline in Migratory Birds. 1160 B. The MBTA's Simple Mandate Has Remained Almost Unchanged Since Enactment. 1161 II. Courts Disagree About Whether the MBTA Applies to Habitat Destruction. 1164 A. Several Courts Hold That the MBTA... 2010  
Stephen I. Vladeck State Sovereign Immunity and the Roberts Court 5 Charleston Law Review 99 (Fall 2010) I. INTRODUCTION. 99 II. THE SUPREME COURT AND STATE SOVEREIGN IMMUNITY TO 2006. 107 A. Chisholm, the Eleventh Amendment, Jumel, and Hans. 107 B. Officer Suits and Ex parte Young. 110 C. The Rehnquist Court and Ex parte Young. 113 D. The Rehnquist Court and Congress's Abrogation Power. 116 E. Verizon and Katz: Two Chinks in the Federalism Armor?.... 2010  
Nandang Sutrisno Substantive Justice Formulated, Implemented, and Enforced as Formal and Procedural Justice: a Lesson from Wto Special and Differential Treatment Provisions for Developing Countries 13 Journal of Gender, Race and Justice 671 (Spring 2010) In accommodating the interests of developing country Members, the World Trade Organization (WTO) provided for approximately 145 Special and Differential Treatment (S&D) provisions, scattered throughout the WTO Agreements. These provisions give special rights and privileges to WTO developing country Members and not to developed country Members.... 2010  
Andrew P. Tuck The "Fair and Equitable Treatment" Standard Pursuant to the Investment Provisions of the U.s. Free Trade Agreements with Peru, Colombia and Panama 16 Law & Business Review of the Americas 385 (Summer 2010) RECENTLY, foreign investors have brought actions against the United States pursuant to the North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute mechanism, causing the United States to become the first capital-exporting state to break with investors' interests. The United States is evaluating foreign investment law both... 2010  
David B. Kopel , Paul Gallant , Joanne D. Eisen The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators 114 Penn State Law Review 891 (Winter, 2010) Abstract: Advocates of the proposed United Nations Arms Trade Treaty (ATT) promise that it will prevent the flow of arms to human rights violators. This Article first examines the ATT and observes that the ATT, if implemented as promised, would require dozens of additional arms embargoes, including embargoes on much of Africa. The Article then... 2010  
William Ewald The Complexity of Sources of Trans-national Law: United States Report 58 American Journal of Comparative Law 59 (2010) This Article sketches the ways in which the U.S. legal system addresses the multiplicity of sources of law, both domestic and international. How should a legal system deal with the problem of the proliferation of trans-national sources of law? This issue has recently provoked a great deal of discussion in Europe, and for good reason. The recent... 2010  
Athanasios Yupsanis The Concept and Categories of Cultural Rights in International Law -- Their Broad Sense and the Relevant Clauses of the International Human Rights Treaties 37 Syracuse Journal of International Law and Commerce 207 (Spring 2010) Each culture has a dignity and value which must be respected and preserved. All individuals and groups have the right to be different, to consider themselves as different and to be regarded as such. 1. Introduction. According to the International Bill of Human Rights, which consists of the Universal Declaration of Human Rights (hereinafter... 2010  
Hiroshi Fukurai, Ph.D. , Richard Krooth, Ph.D., J.D. The Establishment of All-citizen Juries as a Key Component of Mexico's Judicial Reform: Cross-national Analyses of Lay Judge Participation and the Search for Mexico's Judicial Sovereignty 16 Texas Hispanic Journal of Law and Policy 37 (Spring 2010) I. Introduction. 39 II. Part I. The Democratic Foundation of Lay Participation in Law. 41 III. Part II. Jury Trials in Mexico: Historical Background and Reinstatement. 44 A. Jury Trials in the 19 Century Mexico. 45 B. Jury Trials in the Federal District. 48 IV. Part III. The System of Lay Participation in Legal Institutions in the U.S., Japan,... 2010  
Gregory C. Sisk The Inevitability of Federal Sovereign Immunity 55 Villanova Law Review 899 (2010) OUR nation was founded more than two hundred years ago through a popular revolution against a sovereign monarch. Having forsaken reverence for the British Crown, [u]nder our system the people, who are there called subjects, are sovereign. In the past half-century, avenues for litigation have expanded, along with more frequent invocation of rights... 2010  
Pouya Bavafa The Intentional Targeting Test: a Necessary Alternative to the Disparate Treatment and Disparate Impact Analyses in Property Rentals Discrimination 43 Columbia Journal of Law and Social Problems 491 (Summer, 2010) This Note addresses when a landlord exclusively rents to particular minority groups intending to profit from substandard apartment conditions and services. Because there is no similarly situated group of non-minority tenants with whom they can compare their treatment by the landlord, targeted tenants cannot successfully make a claim of... 2010  
Meredith Flowe The International Market for Trafficking in Persons for the Purpose of Sexual Exploitation: Analyzing Current Treatment of Supply and Demand 35 North Carolina Journal of International Law and Commercial Regulation 669 (Spring, 2010) I. An Introduction to Human Trafficking for Forced Prostitution. 671 A. What is Human Trafficking?. 671 B. The Scope of the Problem. 673 C. Profile: Victims. 675 D. Victim's Burden: Physical and Psychological Harm. 676 E. Profile: Traffickers. 678 F. Supply and Demand: The Push and Pull Factors of Human Trafficking. 679 II. Current Anti-Trafficking... 2010  
Michael J. Kelly The Kurdish Regional Constitution Within the Framework of the Iraqi Federal Constitution: a Struggle for Sovereignty, Oil, Ethnic Identity, and the Prospects for a Reverse Supremacy Clause 114 Penn State Law Review 707 (Winter, 2010) -- Ancient Kurdish proverb Introduction. 708 I. The Kurds: A Stateless People. 710 A. Iraqi Kurdistan. 719 B. Stability from Political Equilibrium. 720 II. Kurdish Autonomy Under the Iraqi Federal Constitution. 726 III. The Kurdish Regional Constitution. 2010  
Natasha Affolder The Market for Treaties 11 Chicago Journal of International Law 159 (Summer 2010) Corporations are consumers of treaty law. In this Article, I empirically examine three biodiversity treaty regimes--the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention--to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of... 2010  
David S. Jonas , Thomas N. Saunders The Object and Purpose of a Treaty: Three Interpretive Methods 43 Vanderbilt Journal of Transnational Law 565 (May, 2010) This Article examines the three most prominent uses of the term object and purpose within the Vienna Convention on the Law of Treaties and, in each instance, offers a new method for applying the term. First, the rule that a treaty be interpreted in light of its object and purpose requires a process of interpretation that oscillates between a... 2010  
William Magnuson The Responsibility to Protect and the Decline of Sovereignty: Free Speech Protection under International Law 43 Vanderbilt Journal of Transnational Law 255 (March, 2010) State sovereignty has long held a revered post in international law, but it received a blow in the aftermath of World War II, when the world realized the full extent of atrocities perpetrated by the Nazis on their own citizens. In the postwar period, the idea that individuals possessed rights independent of their own states gained a foothold in... 2010  
Isabel C. Jaramillo The Social Approach to Family Law: Conclusions from the Canonical Family Law Treatises of Latin America 58 American Journal of Comparative Law 843 (Fall 2010) This Essay identifies a set of epistemological and normative assumptions underlying the presentation of doctrines on marriage and parent/child relationship law in the canonical family law treatises of Latin America. I refer to this set of premises as the social approach to family law and argue that this approach has a distinctive impact on the... 2010  
Suzanne Siu The Sovereign-commercial Hybrid: Chinese Minerals for Infrastructure Financing in the Democratic Republic of the Congo 48 Columbia Journal of Transnational Law 599 (2010) This Note examines the legal aspects of an important but inadequately scrutinized development: the Sino-Congolese minerals-for-infrastructure investment deal. While the Sino-Congolese deal is somewhat sui generis, it bears the hallmarks of a breed of investment agreements used increasingly by China and other sovereign states for the Angola mode... 2010  
Stephen R. McAllister The Supreme Court's Treatment of Sovereigns as Amici Curiae 13 Green Bag 289 (Spring, 2010) THE SUPREME COURT'S RULE on briefs of amici curiae does not treat all sovereigns the same. In particular, Indian Tribes and foreign nations are treated less generously than the United States, any State or territory, and even local governments. This article explores the origin of this disparate treatment and comments on its propriety. Current... 2010  
Stephen R. McAllister The Supreme Court's Treatment of Sovereigns as Amici Curiae 13 Green Bag 289 (Spring, 2010) THE SUPREME COURT'S RULE on briefs of amici curiae does not treat all sovereigns the same. In particular, Indian Tribes and foreign nations are treated less generously than the United States, any State or territory, and even local governments. This article explores the origin of this disparate treatment and comments on its propriety. Current... 2010  
Tom C. Hodge The Treatment of Employees as Stakeholders in the European Union: Current and Future Trends 38 Syracuse Journal of International Law and Commerce 91 (Fall 2010) I. Abstract. 92 II. Introduction. 92 III. What is corporate governance?. 94 IV. Corporate Governance Models: Shareholder v. Stakeholder. 95 A. Convergence or Path Dependence. 95 B. The Shareholder-Primacy Model and the Stakeholder-Pluralist Model. 102 C. The Third Way: Enlightened Shareholder Value. 111 V. Employees as Stakeholders. 114 A.... 2010  
Vincent J. Samar The Treaty Power and the Supremacy Clause: Rethinking Reid v. Covert in a Global Context 36 Ohio Northern University Law Review 287 (2010) In this article I want to consider whether the authority of the United States to enter into treaties in a global environment is limited by constitutional constraints. The issue arises because a reasonable interpretation of the language of Article VI would place the treaty power on the same status-footing as the Constitution of the United States.... 2010  
Angela M. Banks The Trouble with Treaties: Immigration and Judicial Review 84 Saint John's Law Review 1219 (Fall 2010) Human rights activists describe United States deportation law and policy as draconian and unjust. These activists are not alone; outrage by everyday people is expressed in response to stories like that of Mary Anne Gehris. Mary Anne Gehris immigrated to the United States at eighteen months old and has lived in the South ever since. She married, had... 2010  
Seth Korman The Welfarist Approach to Human Rights Treaties: a Critique 58 UCLA Law Review Discourse 95 (2010) This Essay provides analysis and some criticism of the argument that international human rights treaties should focus more on development and welfare and less on basic negative rights. It argues that welfarist treaties that completely ignore human rights concerns will in theory harm heterogeneous societies with significant minority populations.... 2010  
David B. Thronson Thinking Small: the Need for Big Changes in Immigration Law's Treatment of Children 14 U.C. Davis Journal of Juvenile Law & Policy 239 (Summer 2010) Introduction. 240 I. Children Impacted by Migration. 241 A. Children as Migrants and Children of Migrants. 241 B. Mixed Status Families and the Challenge of Immigration Reform. 244 II. The Unacceptability of the Status Quo. 245 III. Immigration Law's Devaluation of Children. 250 IV. Emerging Exceptions to the Rule. 256 A. A New World - T and U... 2010  
Barbara Cosens Transboundary River Governance in the Face of Uncertainty: Resilience Theory and the Columbia River Treaty 30 Journal of Land, Resources, and Environmental Law 229 (2010) University of Idaho College of Law, Waters of the West To come to terms with the Columbia, we need to come to terms with it as a whole, as an organic machine, not only as a reflection of our own social divisions but as the site in which these divisions play out. If the conversation is not about fish and justice, about electricity and ways of life,... 2010  
Malgosia Fitzmaurice, Queen Mary, University of London Treaty Interpretation. By Richard Gardiner. Oxford: Oxford University Press, 2008, Pp. Xxi, 407. Index. $180, £84.95, Cloth; £24,99, Paper. On the Interpretation of Treaties: the Modern International Law as Expressed in the 1969 Vienna Convention on the L 104 American Journal of International Law 329 (April, 2010) Treaty interpretation may not appear to be a subject likely to ignite academic discussions, but these two books--Treaty Interpretation by Richard Gardiner of University College London and On the Interpretation of Treaties by Ulf Linderfalk of Lund University (Sweden)--demonstrate that nothing could be farther from the truth. The authors' approaches... 2010  
Sara Fargnoli, Rebecca Feinberg, Adriane Turnipseed Trend Toward Equality? A Comparative Analysis of the Treatment of Noncitizen Veterans in the Administration of Post-service Benefits 2 Veterans Law Review 261 (2010) Throughout history, and particularly during times of conflict, nations have enlisted foreigners in their military forces to fight alongside their own citizens. These noncitizen veterans fought and shed blood along with citizen veterans, sacrificing for a nation that was not their own. Historically, these veterans have been given little recognition... 2010  
Henry J. Richardson, III Two Treaties, and Global Influences of the American Civil Rights Movement, Through the Black International Tradition 18 Virginia Journal of Social Policy and the Law 59 (Fall 2010) Introduction. 59 I. Identifying the Black International Tradition. 61 A. Influences of Outside Mass Struggles by Peoples of Color. 62 B. Examples of the global impact of the American Civil Rights Movement. 66 II. The Impact of Two Key Treaties on African-American Collective Debates on the Best Route Towards Liberation. 67 A. The Berlin Conference... 2010  
Lieutenant Commander Joan M. Malik United States Environmental Law Applied in the Arctic Ocean: Frustrating the Balance of the Law of the Sea, National Sovereignty, and International Collaboration Efforts 60 Naval Law Review 41 (2010) Climate change evidence brings images of polar bears and their once ice-covered ocean spaces of the Polar Regions to the forefront of the minds of people throughout the world. Dire concern of opened polar oceans free of ice by as early as 2013, with commentary of faster-melting ice than once predicted, flies across the newswire every day. U.S.... 2010  
Arturo C. Porzecanski When Bad Things Happen to Good Sovereign Debt Contracts: the Case of Ecuador 73-FALL Law and Contemporary Problems 251 (Fall 2010) Multinational corporations were meant to be reassured by the protections incorporated into bilateral and regional investment agreements. However, judging from the growing number of claims filed with the International Centre for Settlement of Investment Disputes (ICSID) and other arbitration vehicles-- more than three hundred and fifty treaty-based,... 2010  
G.M. Filisko When Global Families Fail 96-JUL ABA Journal 56 (July, 2010) Christopher Savoie got the kind of telephone call that terrifies a parent on Aug. 12, 2008. The school where his two young children attended classes wanted him to know that they had not shown up that day. But Savoie's first thought was not that Isaac and Rebecca had been victimized by some stranger. Instead, he rushed over to his ex-wife's home not... 2010  
Jason Carter Who's Virus Is it Anyway? How the World Health Organization Can Protect Against Claims of "Viral Sovereignty" 38 Georgia Journal of International and Comparative Law 717 (2010) On June 11, 2009, just two months after the first cases of H1N1 (the Swine Flu) were reported, Margaret Chan, the Director-General of the World Health Organization (WHO) officially confirmed the news that many in the international health community had feared. Ladies and gentlemen, she began, The virus is entirely new. [It] is contagious,... 2010  
Delores Subia BigFoot, Janie Braden Adapting Evidence-based Treatments for Use with American Indi Native Alaskan Children and Youth 28 Child Law Practice 76 (July, 2009) It is impossible to capture or explain the nature and extent of assaults experienced by American Indians and Alaskan Native (AI/AN) families. AI/AN communities experience a disproportionate number of events that put them at risk for trauma reactions. Often, these contemporary disruptions have roots in the historical past. According to the National... 2009 Yes
Ann E. Tweedy Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the next Legislative Restoration of Tribal Sovereignty 42 University of Michigan Journal of Law Reform 651 (Spring 2009) This law review Article examines: (1) the underpinnings of tribal sovereignty within the American system; (2) the need for restoration based on the Court's drastic incursions on tribal sovereignty over the past four decades and the grave circumstances, particularly tribal governments' inability to protect tribal interests on the reservation and... 2009 Yes
Shira Kieval Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries 109 Columbia Law Review 94 (January, 2009) Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges arise about the application of state law to American Indians outside of Indian Country. In 1973, and again in 2005, the Supreme Court announced that [a]bsent express federal law to the contrary, Indians going beyond reservation... 2009 Yes
Merritt Schnipper Federal Indian Law--ambiguous Abrogation: the First Circuit Strips the Narragansett Indian Tribe of its Sovereign Immunity 31 Western New England Law Review 243 (2009) Chief Sachem Matthew Thomas got up and put on a shirt and tie. The Narragansett tribe leader expected to end the day in federal court, where he would confront the Rhode Island officials who were attempting to shut down the tribe's tax-free smoke shop. But when Tribal Councilman Hiawatha Brown called at one in the afternoon to say that a convoy of... 2009 Yes
T. Haller Jackson IV Fee Shifting and Sovereign Immunity after Seminole Tribe 88 Nebraska Law Review Rev. 1 (2009) I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... 2009 Yes
T. Haller Jackson IV Fee Shifting and Sovereign Immunity after Seminole Tribe 88 Nebraska Law Review Rev. 1 (2009) I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... 2009 Yes
Alex M. Hagen From Formal Separation to Functional Equivalence: Tribal-federal Dual Sovereignty and the Sixth Amendment Right to Counsel 54 South Dakota Law Review 129 (2009) The dual sovereignty doctrine reflects the bifurcated structure of the federal system, but it also incorporates individual Indian tribes as unique third sovereigns within that system. Recently, the doctrine's application to the Sixth Amendment right to counsel has split the federal circuit courts and revealed a conflict between adhering to the dual... 2009 Yes
Barbara McDonald How a Nineteenth Century Indian Treaty Stopped a Twenty-first Century Megabomb 9 Nevada Law Journal 749 (Spring 2009) The U.S. Defense Threat Reduction Agency (DTRA) created controversy beginning in 2006 when it announced its intention to detonate Divine Strake, a 700-ton fuel oil and fertilizer bomb at the Nevada Test Site (NTS). The DTRA maintained the purpose of the bomb was to advance conventional weapons, even though government documents had described the... 2009 Yes
Michael C. Blumm , Jane G. Steadman Indian Treaty Fishing Rights and Habitat Protection: the Martinez Decision Supplies a Resounding Judicial Reaffirmation 49 Natural Resources Journal 653 (Summer-Fall, 2009) In the nineteenth century, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. These treaties resulted in tribes ceding millions of acres of homeland in exchange for the right to take fish from all the usual and accustomed places. Although it was assumed that the salmon... 2009 Yes
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
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