| Author | Title | Citation | Summary | Year | Key Terms |
| B. Timothy Heinmiller |
The Boundary Waters Treaty and Canada-u.s. Relations in Abundance and Scarcity |
54 Wayne Law Review 1499 (Winter, 2008) |
I. Introduction. 1499 II. International Conflict Management Function of the Boundary Waters Treaty. 1500 A. Conflict in the Great Lakes Region. 1501 B. Conflict in the Prairie Region. 1502 1. Creation of the International Joint Commission. 1503 2. Assignment of Quasi-Judicial Powers. 1504 3. Assignment of Arbitral Powers. 1505 4. Assignment of... |
2008 |
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| Robert V. Wright |
The Boundary Waters Treaty: a Public Submission Process Would Increase Public Participation, Accountability, and Access to Justice |
54 Wayne Law Review 1609 (Winter, 2008) |
I. Introduction. 1609 II. The Status Quo. 1610 A. The Treaty. 1610 B. Public Participation and the IJC. 1611 III. Modern Approach. 1612 A. NeedGLWQA Review. 1613 1. IJC's Special Report. 1613 2. Final Agreement Review Report by the Binational Executive Committee. 1615 B. A Modern ApproachAarhus Convention Principles. 1617 IV. A Model Public... |
2008 |
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| Noah D. Hall |
The Centennial of the Boundary Waters Treaty: a Century of United States-canadian Transboundary Water Management |
54 Wayne Law Review 1417 (Winter, 2008) |
I. Introduction. 1418 II. A Brief History and Overview of the Boundary Waters Treaty. 1419 III. The Direct Progeny of the Boundary Waters Treaty. 1422 A. The Trail Smelter Arbitration. 1423 B. The Columbia River Treaty. 1426 C. The Great Lakes Water Quality Agreement. 1431 IV. Beyond the Boundary Waters Treaty. 1434 A. Transboundary Litigation to... |
2008 |
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| B. Jessie Hill |
The Constitutional Right to Make Medical Treatment Decisions: a Tale of Two Doctrines |
86 Texas Law Review See Also 277 (1/18/2008) |
I. Introduction. 279 II. Same Question, Different Answers: Medical Marijuana and Partial-Birth Abortion. 283 A. Medical Marijuana and Medical Necessity. 283 B. Partial-Birth Abortion and the Health Exception. 288 C. Summary. 293 III. A Tale of Two Doctrines. 294 A. The Public-Health Cases. 295 B. The Autonomy Cases. 304 C. A Right to Make... |
2008 |
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| Gregory C. Sisk |
The Continuing Drift of Federal Sovereign Immunity Jurisprudence |
50 William and Mary Law Review 517 (November, 2008) |
With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has... |
2008 |
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| William N. Eskridge, Jr. , Lauren E. Baer |
The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan |
96 Georgetown Law Journal 1083 (April, 2008) |
C1-3Table of Contents L1-2Introduction . L31085 I. Methodology. 1093 II. Empirical Findings: The Supreme Court's Continuum of Deference Regimes, Its Application of Those Regimes, and Regularities in Agency Win Rates. 1097 a. the supreme court's continuum of deference regimes. 1098 1. Curtiss-Wright Super-Deference in Foreign Affairs/National... |
2008 |
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| Allison D. Garrett |
The Corporation as Sovereign |
60 Maine Law Review 129 (2008) |
In the past two hundred years, sovereignty devolved from the monarch to the people in many countries; in our lifetimes, it has devolved in several significant ways from the people to the corporation. We are witnesses to the erosion of traditional Westphalian concepts of sovereignty, where the chess game of international politics is played out by... |
2008 |
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| Destiny Duron Deas |
The Costs of Perceived Hypocrisy: the Impact of U.s. Treatment of Foreign Acquisitions of Domestic Enterprises |
57 Duke Law Journal 1795 (April, 2008) |
The People's Republic of China's revised rules governing foreign acquisitions of domestic enterprises, promulgated in the fall of 2006, disappointed many observers who had hoped for a more open and transparent approach to Chinese foreign investment. On closer inspection, however, the United States' own laws and policies restricting foreign... |
2008 |
|
| Laura Conn |
The Enumeration of Vital Civil Liberties Within a Constitutional State of Emergency Clause: Lessons from the United States, the New Democracy of South Africa, and International Treaties and Scholarship |
10 University of Pennsylvania Journal of Constitutional Law 791 (May, 2008) |
With the increased threat of terrorism and the associated disappearance of civil liberties, limitations on states of emergency are becoming increasingly vital to secure human rights. Specifically, limitations on which rights may be suspended during declared states of emergency are needed to guide our government and safeguard our liberties. Debates... |
2008 |
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| David A. Hall |
The False Panacea of International Agreements for U.s. Regulation of Sovereign Wealth Funds |
5 Brigham Young University International Law & Management Review 137 (Winter 2008) |
Sovereign Wealth Funds (SWFs) pose a unique threat to the United States. Unlike other investment vehicles used solely to maximize returns, SWFs may invest for political objectives or strategic resource procurement, both of which are potentially harmful to U.S. interests. Countries such as China, Russia, and Saudi Arabia all have SWFs currently in... |
2008 |
|
| Lowell B. Bautista |
The Historical Context and Legal Basis of the Philippine Treaty Limits |
10 Asian-Pacific Law and Policy Journal J. 1 (2008) |
I. Introduction. 2 A. Territorial Integrity as an International Legal Norm. 3 B. The Philippine Nation-State. 6 1. The Philippine Archipelago as a Single Territorial Entity. 6 2. The Philippine Declaration of Independence. 8 II. The Cession of the Philippines from Spain to the U.S.. 9 A. State Succession in International Law. 9 B. The Spanish Title... |
2008 |
|
| Sital Kalantry |
The Intent-to-benefit: Individually Enforceable Rights under International Treaties |
44 Stanford Journal of International Law 63 (Winter 2008) |
Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to... |
2008 |
|
| A. Dan Tarlock |
The International Joint Commission and Great Lakes Diversions: Indirectly Extending the Reach of the Boundary Waters Treaty |
54 Wayne Law Review 1671 (Winter, 2008) |
I. Introduction: Great Lakes Diversion Threats Diverted from the International Joint Commission. 1671 II. Barriers to the Negotiation of the Compact. 1678 A. Thin Political and Scientific Justification. 1679 B. A Violation of the Judicial Common Market?. 1681 C. International Trade Law. 1683 III. Enter the International Joint Commission. 1683 A. A... |
2008 |
|
| P.J. Blount |
The Itar Treaty and its Implications for U.s. Space Exploration Policy and the Commercial Space Industry |
73 Journal of Air Law and Commerce 705 (Fall 2008) |
PRESIDENT GEORGE W. BUSH announced on January 14, 2004, a new space policy for the United States. His Vision for Space Exploration seeks to refocus the nation on goal oriented achievement in outer space. The policy centers on a human return to the Moon and then a move towards human exploration of other celestial bodies. This goal is to be... |
2008 |
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| John Hilla |
The Literary Effect of Sovereignty in International Law |
14 Widener Law Review 77 (2008) |
To speak is to act; anything which one names is already no longer the same . . . . -Jean-Paul Sartre [Words] may be imbued with emptiness-but this emptiness is their very meaning. -Maurice Blanchot The perception of state sovereignty as a bedrock principle of international law has resulted in a straw horse debate regarding alleged tension... |
2008 |
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| Paul M. Secunda |
The Longest Journey, with a First Step: Bringing Coherence to Sovereignty and Jurisdicitonal Issues in Global Employee Benefits Law |
19 Duke Journal of Comparative & International Law 107 (Fall 2008) |
Global employee benefits law is an emerging field of study that requires coherence at the threshold level of coverage. The statutory maze of sovereignty and jurisdictional issues involved with U.S. employee benefit laws, for instance, make it difficult to determine when American employee benefit laws apply to U.S. citizens abroad or to foreign... |
2008 |
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| Adam Clanton |
The Men Who Would Be King: Forgotten Challenges to U.s. Sovereignty |
26 UCLA Pacific Basin Law Journal L.J. 1 (Fall 2008) |
If you wanted to start your own country, would you know where to begin? Is it better to secede from the country in which you live, to get on a boat and set sail for land as yet unclaimed, or to conquer what someone else regards as their country? This article is dedicated to the curiosity of the micronation - experiments in creating small... |
2008 |
|
| Kurt T. Lash |
The Original Meaning of an Omission: the Tenth Amendment, Popular Sovereignty, and "Expressly" Delegated Power |
83 Notre Dame Law Review 1889 (July, 2008) |
Introduction. 1890 I. The Historical Background of the Tenth Amendment. 1897 A. Methodology. 1897 B. The Traditional Story. 1899 C. Article II of the Articles of Confederation. 1902 D. The Federalist Response. 1905 E. The State Conventions. 1906 F. Sovereignty and the Construction of Delegated Power. 1908 G. The Other Meaning of Expressly Delegated... |
2008 |
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| Tarak Anada |
The Perfect Storm, an Imperfect Response, and a Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against the Government? |
35 Pepperdine Law Review 279 (1/1/2008) |
I. Introduction: A Most Unwelcome Guest II. What Happened and What Should Have Happened: Governmental Preparation and Response Efforts A. Governmental Preparation Efforts 1. The Levees 2. Evacuation B. Governmental Response Efforts 1. The Department of Homeland Security and FEMA 2. The White House III. History and Background: Negligence,... |
2008 |
|
| Daniel Maldonado, Steven Plitt |
The Practical Ramifications of Dual Sovereignty in Prosecuting Declaratory Judgment Actions Against State and Federal Governments |
14 Connecticut Insurance Law Journal 445 (Spring, 2008) |
The declaratory judgment action is the modern legal vehicle for determining whether coverage exists under an insurance policy. Generally, declaratory judgments were not recognized as remedies in the United States until the early 1900's. In 1922, the Commissioners on Uniform State Laws adopted the Uniform Declaratory Judgment Act (UDJA), effectively... |
2008 |
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| Winston P. Nagan , Craig Hammer |
The Rise of Outsourcing in Modern Warfare: Sovereign Power, Private Military Actors, and the Constitutive Process |
60 Maine Law Review 429 (2008) |
Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare-including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological... |
2008 |
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| Major Timothy M. Harner |
The Soldier and the State: Whether the Abrogation of State Sovereign Immunity in Userra Enforcement Actions Is a Valid Exercise of the Congressional War Powers |
195 Military Law Review 91 (Spring, 2008) |
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides many rights for both Reserve and National Guard military members who leave their employment for a period of time due to federal military service. Some of the more commonly known features and rights under USERRA include the prohibition on discrimination against... |
2008 |
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| Scott Fruehwald |
The Supreme Court's Confusing State Sovereign Immunity Jurisprudence |
56 Drake Law Review 253 (Winter 2008) |
I. Introduction. 254 II. The Rehnquist Court's State Sovereign Immunity Jurisprudence. 255 A. The States' Sovereign Immunity in Federal Court. 255 B. The States' Sovereign Immunity from Damage Suits in Their Own Courts and Before Administrative Agencies. 259 III. Criticism of the Rehnquist Court's Sovereign Immunity Jurisprudence. 266 A. Evaluation... |
2008 |
|
| Hon. William F. Stone, Jr., Bryan A. Stark, Esq. |
The Treatment of Attorneys' Fee Retainers in Chapter 7 Bankruptcy and the Problem of Denying Compensation to Debtors' Attorneys for Post-petition Legal Services They Are Obliged to Render |
82 American Bankruptcy Law Journal 551 (Fall, 2008) |
Even the most public spirited and empathetic attorneys who provide legal services to chapter 7 bankruptcy filers need to be paid for their services. It seems fair to assume that most attorneys, in common with most of their fellow humankind, believe that they should be compensated for all their work that provides value to their clients, rather than... |
2008 |
|
| Simon Chesterman |
The Turn to Ethics: Disinvestment from Multinational Corporations for Human Rights Violations--the Case of Norway's Sovereign Wealth Fund |
23 American University International Law Review 577 (2008) |
INTRODUCTION. 578 I. THE NORWEGIAN GOVERNMENT PENSION FUND AND THE COUNCIL ON ETHICS. 582 A. The Turn to Ethics. 583 B. The Council's Recommendations. 591 II. LEGAL AND NON-LEGAL APPROACHES TO REGULATING MULTINATIONAL CORPORATIONS. 594 A. Regulation in the Local Jurisdiction. 596 B. Regulation in the Home Jurisdiction of a Multinational... |
2008 |
|
| K.R.Sekar |
The 'Updating Construction' Doctrine-does it Apply to Tax Treaties? |
19 Journal of International Taxation 59 (May, 2008) |
Though various doctrines apply to the interpretation of tax treaties, principles are still evolving. These doctrines emanate from Articles 30, 31, and 32 of the Vienna Convention, judicial precedents in various countries, the Organization for Economic Cooperation and Development (OECD), and the U.N. model treaty. Under Article 2(1)(a) of the Vienna... |
2008 |
|
| Yoram Rabin, Roy Peled |
Transfer of Sovereignty over Populated Territories from Israel to a Palestinian State: the International Law Perspective |
17 Minnesota Journal of International Law 59 (Winter 2008) |
One proposal suggested for resolving the Israeli-Palestinian conflict is the redrawing of the border between Israel and the future Palestinian State to include those territories densely populated by Palestinian citizens of Israel, west of the green line, within the Palestinian State. The suggestion has stirred lively debate in Israel. This... |
2008 |
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| Carlos Manuel Vázquez |
Treaties as Law of the Land: the Supremacy Clause and the Judicial Enforcement of Treaties |
122 Harvard Law Review 599 (December, 2008) |
Introduction. 601 I. The Requirement of Equivalent Treatment. 611 A. The Supremacy Clause and the British Rule. 613 B. The Purpose and Original Public Meaning of the Supremacy Clause. 616 C. Early Judicial Construction. 619 1. Ware v. Hylton on the Supremacy Clause's Reversal of the British Rule. 619 2. Foster and the Requirement of Equivalent... |
2008 |
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| Oona A. Hathaway |
Treaties' End: the Past, Present, and Future of International Lawmaking in the United States |
117 Yale Law Journal 1236 (May, 2008) |
ABSTRACT. Nearly every international agreement that is made through the Treaty Clause should be approved by both houses of Congress as a congressional-executive agreement instead. In making this case, this Article examines U.S. international lawmaking through empirical, comparative, historical, and policy lenses. U.S. international lawmaking is... |
2008 |
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| T. Leigh Anenson |
Treating Equity like Law: a Post-merger Justification of Unclean Hands |
45 American Business Law Journal 455 (Fall, 2008) |
How absurd for us to go on until the year 2000 obliging judges and lawyers to climb over a barrier which was put up by historical accident in 14 century England and built higher by the eagerness of three extinct courts to keep as much business as possible in their own hands, so that these hands might be full of fees! --Zechariah Chafee, Jr. The New... |
2008 |
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| Jordan Wilder Connors |
Treating like Subdecisions Alike: the Scope of Stare Decisis as Applied to Judicial Methodology |
108 Columbia Law Review 681 (April, 2008) |
The Supreme Court has explained that stare decisis binds the Court to both its result and those portions of the opinion necessary to [the] result. Yet the Supreme Court does not seem to extend this principle to those necessary portions, herein called subdecisions, that involve methodological questions. For example, when a case rests on a... |
2008 |
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| Diane E. Hoffmann |
Treating Pain v. Reducing Drug Diversion and Abuse: Recalibrating the Balance in Our Drug Control Laws and Policies |
1 Saint Louis University Journal of Health Law & Policy 231 (2008) |
I. Introduction. 233 II. Arrests and Prosecutions of Physicians for Opioid Prescribing. 236 A. Dr. Frank Fisher. 239 B. Dr. Cecil Knox. 242 C. Dr. William Hurwitz. 245 D. Dr. Jeri Hassman. 250 E. Dr. Ronald McIver. 253 III. The Roots of the Conflict--A Clash of Cultures. 256 IV. The History of U.S. Drug Enforcement Related to Physician Prescribing.... |
2008 |
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| Timothy G. Burroughs |
Turning Away from Islam in Iraq: a Conjecture as to How the New Iraq Will Treat Muslim Apostates |
37 Hofstra Law Review 517 (Winter 2008) |
Can freedom of religion be reconciled with death for apostasy? The 2006 Constitution of Iraq binds the new Iraqi state to upholding both the freedom of religion and the principles of Islam, which includes capital punishment for leaving Islam according to many scholars. In resolving this seeming collision of ideological commitments, the new Iraq... |
2008 |
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| Lee Botts , Paul Muldoon |
Using the Boundary Waters Treaty for the 2ist Century: Revitalizing the Great Lakes Governance Regime |
54 Wayne Law Review 1553 (Winter, 2008) |
I. Introduction. 1554 II. The Opportunity to Reflect on Great Lakes Governance. 1554 III. The Decline of Great Lakes Governance. 1557 A. The Decline in Binational Processes. 1558 B. The Decline in Community and the Rise in Bilateral Advocacy. 1560 C. The Proliferation of Great Lakes Related Institutions. 1565 IV. The Need for Better Governance... |
2008 |
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| Alice Edwards |
Violence Against Women as Sex Discrimination: Judging the Jurisprudence of the United Nations Human Rights Treaty Bodies |
18 Texas Journal of Women and the Law L. 1 (Fall 2008) |
A. INTRODUCTION. 2 B. THE U.N. HUMAN RIGHTS TREATY BODIES. 5 C. FEMINIST CRITIQUES OF INTERNATIONAL HUMAN RIGHTS LAW AND THE EQUALITY GUARANTEES. 8 D. EQUALITY AND NON-DISCRIMINATION ON THE BASIS OF SEX IN INTERNATIONAL LAW. 18 1. U.N. Charter and the Universal Declaration of Human Rights. 18 2. International human rights instruments. 19 3.... |
2008 |
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| Diane M. Ring |
What's at Stake in the Sovereignty Debate?: International Tax and the Nation-state |
49 Virginia Journal of International Law 155 (Fall 2008) |
Introduction. 156 I. The Normative Implications of Sovereignty for International Taxation. 159 A. The Sovereignty Concept. 159 B. The Functional Role of Sovereignty in Taxation. 167 1. Revenue. 167 2. Fiscal Sovereignty. 168 C. What Norms Are at Stake When States Assert Sovereignty?. 170 1. The Democracy Problems. 170 a. Democratic Accountability.... |
2008 |
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| Jennifer L. Greenblatt |
What's Dignity Got to Do with It?: Using Anti-commandeering Principles to Preserve State Sovereign Immunity |
45 California Western Law Review Rev. 1 (Fall 2008) |
Introduction. 2 I. A Focus on States' Rights: Alden v. Maine and Eleventh Amendment Sovereign Immunity. 4 A. Freeing Eleventh Amendment from Its Textual Mooring. 5 B. Alden 's Fixation on State Dignity. 8 II. A Focus on the Limits of Federal Power: The Anti-Commandeering Principle. 11 A. Anti-Legislative Commandeering (New York v. United States).... |
2008 |
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| Nora O'Callaghan |
When Atlas Shrugs: May the State Wash its Hands of Those in Need of Life-sustaining Medical Treatment? |
18 Health Matrix: Journal of Law-Medicine 291 (Summer, 2008) |
The dispute over the legal duties owed to patients requesting life-sustaining medical treatment (LSMT) judged futile by doctors has proven intractable. This is because no consensus has emerged regarding what constitutes futile medical treatment, when the treatment the patient desires is physiologically effective in sustaining the patient's... |
2008 |
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| Daisuke Beppu |
When Cultural Value Justifies Protectionism: Interpreting the Language of the Gatt to Find a Limited Cultural Exception to the National Treatment Principle |
29 Cardozo Law Review 1765 (March, 2008) |
The World Trade Organization (WTO) maintains the regulation of international trade by promoting a general policy of mutual benefit and fairness amongst all trading nations. The present WTO agreement that governs the trading of goods--the General Agreement on Tariffs and Trade (GATT)--regulates trade relationships between the signatory... |
2008 |
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| Mariana Gaxiola-Viss |
Wrestling with God: the Courts' Tortuous Treatment of Religion |
9 Rutgers Journal of Law & Religion 18 (Spring, 2008) |
Much has been written about whether the Framers' intention when drafting the Establishment Clause of the First Amendment was to exclude religion from the state by a wall of separation, by some lesser measure, or by no measure at all. On one side of the debate, Justice Brennan and prominent commentator Erwin Chemerinsky, among others, advocate a... |
2008 |
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| Angela R. Riley |
(Tribal) Sovereignty and Illiberalism |
95 California Law Review 799 (June, 2007) |
Liberalism struggles with an ancient paradox. That is, it must navigate the sometimes treacherous course between individual autonomy and pluralism's accommodation. In this Article, I argue that this philosophical tension has manifested in very concrete intrusions on American Indians' tribal sovereignty. On the one hand, tribal sovereignty guards... |
2007 |
Yes |
| Kyle S. Conway |
A Tale of Two Sovereigns: the Implications of Dairyland Greyhound Park, Inc. v. Doyle on Tribal and State Self-government |
2007 Wisconsin Law Review 1313 (2007) |
Men being, as has been said, by nature all free, equal, and independent, no one can be put out of this estate and subjected to the political power of another without his own consent. -- John Locke No one paying attention to Wisconsin politics could have ignored the heated political debate that began when Governor Jim Doyle negotiated expanded... |
2007 |
Yes |
| Meredith Mullins |
American-Indian Law - Taxation - Michigan General Property Tax Act Is Not Valid Against Indian Reservation Land Alloted under the 1854 Treaty Because Congress Did Not Expressly Authorize It. Keweenaw Bay Indian Community v. Naftaly, 452 F.3d 514 (6th Cir. |
85 University of Detroit Mercy Law Review 57 (Fall 2007) |
In Keweenaw Bay Indian Community v. Naftaly, the Sixth Circuit granted leave to appeal to determine whether application of the Michigan General Property Tax Act (hereinafter Act) would violate the terms of the 1854 Treaty. Plaintiff, a federally recognized American-Indian tribe and the successor in interest of the Chippewa Indian bands, filed a... |
2007 |
Yes |
| Christopher Cowan |
An Unworkable Rule of Law: the Ada, Education, and Sovereign Immunity; an Argument for Overruling Seminole Tribe of Florida v. Florida Consistent with Stare Decisis |
80 Southern California Law Review 347 (January, 2007) |
On July 26, 2005, President George W. Bush released a proclamation celebrating the fifteenth anniversary of the Americans with Disabilities Act (ADA), signed into law by the former President Bush. In the proclamation, President Bush call[ed] on all Americans . . . to fulfill the promise of the ADA [and] to give all people the opportunity to live... |
2007 |
Yes |
| Hon. Gaylen L. Box , Magistrate Judge Sixth Judicial District |
Crow Dog: Tribal Sovereignty & Criminal Jurisdiction in Indian Country |
50-MAY Advocate 13 (May, 2007) |
Crow Dog really started something on that hot dusty August afternoon in the Dakota Territory in 1881. The Sioux Nation had been fractured by the United States and its members scattered among various reservations. Just outside the Rosebud Indian Agency on the Great Sioux Reservation, Crow Dog shot and killed Spotted Tail, a Brule Sioux chief.... |
2007 |
Yes |
| Stacy L. Leeds |
Defeat or Mixed Blessing? Tribal Sovereignty and the State of Sequoyah |
43 Tulsa Law Review Rev. 5 (Fall 2007) |
American Indian legal history is replete with stories of foreseeable consequences. Most of these stories involve the United States failing to uphold treaty guarantees. In each of these stories, the United States ignores the tribal diplomatic efforts of the time, engages in unilateral federal action, and tribal autonomy is forever diminished. In... |
2007 |
Yes |
| Timothy R. Hurley |
Elevating Form over Substance at the Expense of Indian Sovereignty [Wagnon v. Prairie Band Potawatomi Nation, 126 S. Ct. 676 (2005)] |
46 Washburn Law Journal 453 (Winter 2007) |
An unlimited power to tax involves, necessarily, a power to destroy. When the Europeans discovered America in 1492, five million people in 600 Indian tribes already inhabited the area now known as the United States. Each tribe had its own language and government and considered itself a distinct sovereign entity. Sovereignty is the force or power... |
2007 |
Yes |
| Bryan H. Wildenthal |
Federal Labor Law, Indian Sovereignty, and the Canons of Construction |
86 Oregon Law Review 413 (2007) |
Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... |
2007 |
Yes |
| Pooja Van Dyck |
Importing Western Style, Exporting Tragedy: Changes in Indian Patent Law and Their Impact on Aids Treatment in Africa |
6 Northwestern Journal of Technology & Intellectual Property 138 (Fall, 2007) |
In March 2005, new patent laws were passed in India to comply with World Trade Organization (WTO) regulations and, specifically, the Trade Related Aspects of Intellectual Property Rights Agreement. These patent laws convey protections that are similar to a Western-style patent system. India's role as a supplier of inexpensive generic drugs to... |
2007 |
Yes |
| Daniel Lee Jacobson |
Indian Sovereignty - a Brief History |
49-JUN Orange County Lawyer 32 (June, 2007) |
With the advent of Indian gaming the concept of Indian sovereignty has worked its way into the common lexicon. A typical answer to the question as to why Indian Tribes can offer gambling is that those Tribes are sovereigns. While that answer is partially correct, it is not wholly correct. In law, American Indian Tribes are dependent sovereigns.... |
2007 |
Yes |