| Author | Title | Citation | Summary | Year | Key Terms |
| Oliver J. McKinstry |
We'd Better Treat Them Right: a Proposal for Occupational Cooperative Bargaining Associations of Sex Workers |
9 University of Pennsylvania Journal of Labor and Employment Law 679 (Spring 2007) |
In a dimly lit room at a local community center, a group of workers comes together to discuss their work. The agenda includes issues like promoting health and safety standards, standardizing wages, and obtaining health benefits. Before getting through the agenda, however, members of the group share their stories from the job. Some have positive... |
2007 |
|
| Paul Taylor |
We're All in this Together: Extending Sovereign Immunity to Encourage Private Parties to Reduce Public Risk |
75 University of Cincinnati Law Review 1595 (Summer 2007) |
The concept of sovereign immunity--the doctrine under which governments are considered immune from suit unless they consent to such suits--has long been supported by the policy that, if government is necessary to perform some essential functions, it should be able to perform those functions free from costly litigation that would allow courts and... |
2007 |
|
| Justin Lowe |
What Would Grotius Do? Methods and Implications of Incorporating the Contract Law Doctrine of Illusory Promises into the Law of Treaty Interpretation |
6 Washington University Global Studies Law Review 703 (2007) |
The United States and the Democratic People's Republic of North Korea (DPRK), along with four other nations, reached an agreement on September 19th, 2005, whereby the DPRK committed to abandon all nuclear weapons programs and return to the Nuclear Non-Proliferation Treaty. In response, the United States stated that it has no intention to attack or... |
2007 |
|
| Anthony Clark Arend |
Who's Afraid of the Geneva Conventions? Treaty Interpretation in the Wake of Hamdan v. Rumsfeld |
22 American University International Law Review 709 (2007) |
I. THE COMMON ARTICLE 3 CONTROVERSY AND HAMDAN. 713 A. The Position of the Administration. 713 B. The Supreme Court's Response in Hamdan. 716 C. The Implications of the Court's Decision for Treaty Interpretation. 721 II. SUPREME COURT PRACTICE ON TREATY INTERPRETATION. 722 A. The Vienna Convention on the Law of Treaties. 722 B. Supreme Court... |
2007 |
|
| Daniel Larson |
Yesterday's Technology, Tomorrow: How the Government's Treatment of Intellectual Property Prevents Soldiers from Receiving the Best Tools to Complete Their Mission |
7 John Marshall Review of Intellectual Property Law 171 (Fall, 2007) |
The value of an idea lies in the using of it. Thomas Edison The bullet passed through Lance Cpl. Juan Valdez-Castillo as his Marine patrol moved down a muddy urban lane. It was a single shot. The lance corporal fell against a wall, tried to stand and fell again .. . [His Sergeant] grabbed the corporal by a strap and dragged him across a muddy road... |
2007 |
|
| Greggory W. Dalton |
A Failure of Expression: How the Provisions of the U.s. Bankruptcy Code Fail to Abrogate Tribal Sovereign Immunity |
81 Washington Law Review 645 (August, 2006) |
Abstract: Sections 106(a) and 101(27) of the U.S. Bankruptcy Code use the general phrase other foreign or domestic government to abrogate sovereign immunity without specifically referencing Indian tribes. The U.S. Supreme Court has not yet decided whether these sections of the Code abrogate tribal sovereign immunity, and lower court decisions... |
2006 |
Yes |
| Paul Porter |
A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign ConTribution Regulations on Indian Tribes |
40 University of Michigan Journal of Law Reform 191 (Fall 2006) |
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... |
2006 |
Yes |
| Paul Porter |
A Tale of Conflicting Sovereignties: the Case Against Tribal Sovereign Immunity and Federal Preemption Doctrines Preventing States' Enforcement of Campaign ConTribution Regulations on Indian Tribes |
40 University of Michigan Journal of Law Reform 191 (Fall 2006) |
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law, and can be limited by the... |
2006 |
Yes |
| Roger J. Lucas |
Alliance to Save the Mattaponi v. Virginia, 621 S.e.2d 78 (Va. 2005) (Holding: (1) an Agency's Factual Findings Regarding Water Rights Adjudications Are Subject to the "Substantial Evidence" Standard of Review; and (2) Indian Rights Treaties Entered into |
9 University of Denver Water Law Review 680 (Spring, 2006) |
This opinion is a consolidated appeal of three cases. The Virginia Supreme Court considered two sets of issues related to a Virginia Water Protection Permit (Permit) issued by the State Water Control Board (Board) to the City of Newport News (City) for the construction of the King William Reservoir. The first set of issues required the court... |
2006 |
Yes |
| Danielle Audette |
American Indians and Reimportation: in the Wake of Tribal Sovereignty and Federal Pre-emption, It's Not Just about "Cheap Drugs." |
15-WTR Kansas Journal of Law & Public Policy 317 (Winter 2006) |
The subject of tribal versus state sovereignty is a well-documented and hotly contested legal, political, and economic issue. One need not look very far to find a myriad of treatises, law review articles, and federal and Supreme Court cases addressing the scope of Native tribal sovereignty, the limits of state power over Indians, Indian tribes, and... |
2006 |
Yes |
| Eric Reitman |
An Argument for the Partial Abrogation of Federally Recognized Indian Tribes' Sovereign Power over Membership |
92 Virginia Law Review 793 (June, 2006) |
Introduction. 794 I. Nature and Extent of Tribal Citizenship Power. 801 A. Individual Disenrollment. 803 1. Penal Expatriation:Poodry v. Tonawanda Band of Seneca Indians. 803 2. Expatriation Outside the Penal Context:Quair v. Sisco. 808 3. Application of the ICRA inQuair. 811 4. Tribal Procedures inQuair: Mobocracy in Action. 813 B. Malicious... |
2006 |
Yes |
| Martin A. Rogoff |
Application of Treaties and the Decisions of International Tribunals in the United States and France: Reflections on Recent Practice |
58 Maine Law Review 406 (2006) |
In recent years, with the growth of international treaty law and the increasing role of international tribunals, questions involving the application of conventional international law and the decisions of international tribunals by national courts have assumed great practical importance. This is not only because such questions are arising with... |
2006 |
Yes |
| Debra Harry , Le'a Malia Kanehe |
Asserting Tribal Sovereignty over Cultural Property: Moving Towards Protection of Genetic Material and Indigenous Knowledge |
5 Seattle Journal for Social Justice 27 (Fall/Winter, 2006) |
Indigenous cultural property of all forms, tangible and intangible, oral and written, ancient and contemporary, is under constant threat from exploitation, theft, misrepresentation, misuse, and commodification. Current domestic law, including federal Indian law, does not sufficiently protect cultural property. Internationally, although the World... |
2006 |
Yes |
| Justin Neel Baucom |
Bringing down the House: as States Attempt to Curtail Indian Gaming, Have We Forgotten the Foundational Principles of Tribal Sovereignty |
30 American Indian Law Review 423 (2005-2006) |
Indian casinos have been springing up all over the country as tribes are trying to cash in on what some Indians believe may be the best (and only) means to sustain tribal economic development and to make improvements in the lives of their people. Indian gaming is growing at about twice the rate of commercial casino gaming nationwide. The state of... |
2006 |
Yes |
| Bryan J. Nowlin |
Conflicts in Sovereignty: the Narragansett Tribe in Rhode Island |
30 American Indian Law Review 151 (2005-2006) |
American Indian tribal sovereignty is important to both tribal members and the states in which they reside. Historically, the line between tribal sovereignty and state jurisdiction is not easy to find. Jurisdictional conflicts are a sign of healthy sovereigns, as a weak sovereign cannot defend against encroachments upon its jurisdiction. The... |
2006 |
Yes |
| Ileana M. Porras |
Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius' De Iure Praedae-the Law of Prize and Booty, or "On How to Distinguish Merchants from Pirates" |
31 Brooklyn Journal of International Law 741 (2006) |
Throughout history, and across the globe, peoples and nations have encountered and entered into relationship with one another. While keeping in mind the dangers of oversimplification, it could nevertheless be argued that despite their variety, international relations fall mostly into either of two familiar types: The first takes the form of war or... |
2006 |
Yes |
| Wenona T. Singel , Matthew L.M. Fletcher |
Indian Treaties and the Survival of the Great Lakes |
2006 Michigan State Law Review 1285 ( (Special) 2006) |
Introduction 1286 I. Indian Treaties and Natural Resource Protection. 1288 A. Treaty Rights. 1289 B. Great Lakes Indian Treaties. 1291 II. Incorporating Indian Tribes and Indian Treaties. 1293 A. Indian Treaties in Federal and State Litigation. 1293 B. Indian Tribes as Stakeholders in International Compacting Process. 1295 Conclusion 1296 The... |
2006 |
Yes |
| Jesse K. Martin |
Kansas v. Prairie Band Potawatomi Nation: Undermining Indian Sovereignty Through State Taxation |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 251 (Spring 2006) |
In Kansas v. Prairie Band Potawatomi Nation, the Supreme Court undermined the historic and deeply-rooted sovereign status of Indian tribes by focusing on a hyper-technical application of precedent and ignoring the practical impact of the Kansas motor fuel tax. The Court determined that the state tax, as applied to the Nation Station's sale of... |
2006 |
Yes |
| Ralph Brubaker |
Katz and the New Bankruptcy Exception to States' Constitutional Sovereign Immunity: Abandoning Hood's in Rem Theory (And Seminole Tribe) |
26 Bankruptcy Law Letter Letter 1 (3/1/2006) |
The Supreme Court has now squarely addressed the effect of its monumental state sovereign immunity decisions of Seminole Tribe and Alden in the context of federal bankruptcy proceedings. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S. Ct. 1114, 134 L. Ed. 2d 252, 34 Collier Bankr. Cas. 2d (MB) 1199, 42 Env't. Rep. Cas. (BNA) 1289, 67... |
2006 |
Yes |
| Richard Warren Perry , San Jose State University |
Native American Tribal Gaming as Crime Against Nature: Environment, Sovereignty, Globalization |
29 PoLAR: Political and Legal Anthropology Review 110 (May, 2006) |
This essay proposes that the legal form of Native American tribal sovereignty lately deployed in the establishment of casinos and other risky enterprises is not simply an atavistic political-legal curiosity. Rather, it is exemplary of contemporary forms of spatial governmentality which, as they emerge from layered mappings of spatial difference... |
2006 |
Yes |
| Michael C. Blumm & James Brunberg |
Not Much less Necessary...Than the Atmosphere They Breathed: Salmon, Indian Treaties, and the Supreme Court--a Centennial Remembrance of United States v. Winans and its Enduring Significance |
46 Natural Resources Journal 489 (Spring 2006) |
A century ago, the Supreme Court decided United States v. Winans, which upheld the Indian treaty right to cross private property to access traditional fishing grounds in the Columbia River. The Winans decision protected critically important cultural and economic practices from white encroachment. The landmark case came as a surprise in an era... |
2006 |
Yes |
| Steven W. Strack |
Pandora's Box or Golden Opportunity? Using the Settlement of Indian Reserved Water Right Claims to Affirm State Sovereignty over Idaho Water and Promote Intergovernmental Cooperation |
42 Idaho Law Review 633 (2006) |
When the State of Idaho initiated the Snake River Basin Adjudication, or SRBA, on June 17, 1987, it was widely expected that the United States and the four Indian tribes within the Snake River Basin would file a large number of water right claims. Many viewed the long-dormant claims as a Pandora's Box that, once opened, would wreak havoc upon the... |
2006 |
Yes |
| Alex B. Roberts |
Reservations on Tribal Sovereignty: How United States v. Lara Will Affect Indians, Tribes, and the Fight to Regain Independence |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
Yes |
| Paul E. Frye |
Section 1813 of the Energy Policy Act of 2005: Implications for Tribal Sovereignty and Self-sufficiency |
42 Tulsa Law Review 75 (Fall, 2006) |
Rights-of-way across Indian lands are often as valuable as other resources located within Indian country. The statutes governing grants of rights-of-way on Indian lands are found at title 25 U.S.C. §§ 311 to 328. Applicable regulations are found in 25 C.F.R. part 169. Federal control over rights-of-way is sufficiently pervasive for compensable... |
2006 |
Yes |
| Amy Borgman |
Stamping out the Embers of Tribal Sovereignty: City of Sherrill v. Oneida Indian Nation and its Aftermath |
10 Great Plains Natural Resources Journal 59 (Spring 2006) |
[T]he power to tax involves the power to destroy . . . . Great nations, like great men, should keep their word. I. Introduction. 59 II. Facts and Procedure. 61 III. Background. 62 A. Principles of Indian Law. 62 1. The Discovery Doctrine. 62 2. The Federal Trust Responsibility to Indian Nations. 63 3. Early Indian Tax Cases. 64 B. Equitable... |
2006 |
Yes |
| Jason C. Nelson |
The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians |
17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) |
Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land.... |
2006 |
Yes |
| Mason D. Morisset |
The Cushman Dam Case and Indian Treaty Rights: Skokomish Indian Tribe v. United States, et Al. |
27 Public Land & Resources Law Review 23 (2006) |
I. INTRODUCTION 23 II. THE COURT BARS MONETARY RELIEF DESPITE CLEAR DAMAGE TO TREATY PROTECTED RIGHTS 25 III. INDIVIDUAL TRIBAL MEMBERS HAVE A CAUSE OF ACTION BUT ARE BARRED MONETARY RELIEF UNDER42 U.S.C. § 1983 27 IV. THE ORIGINAL PANEL MAJORITY OPINION RELEGATES FISHING TO A SECONDARY PURPOSE OF THE RESERVATION WITHOUT ATTENDANT RESERVED WATER... |
2006 |
Yes |
| Bradford D. Cooley |
The Navajo Uranium Ban: Tribal Sovereignty v. National Energy Demands |
26 Journal of Land, Resources, and Environmental Law 393 (2006) |
After more than a decade of litigation over uranium mining in Navajo country, new lines are being drawn in the battle for regulatory control. On one side, the Navajo Nation, grassroots Navajos, the environmental community, and a number of U.S. Senators argue that the Nation's ban on uranium mining should be upheld, based on tribal sovereignty. On... |
2006 |
Yes |
| James M. Grijalva |
The Tribal Sovereign as Citizen: Protecting Indian Country Health and Welfare Through Federal Environmental Citizen Suits |
12 Michigan Journal of Race and Law 33 (Fall 2006) |
INTRODUCTION. 33 I. Tribal Governmental Roles in the Federal Environmental System. 34 II. Tribal Enforcement of Federal Environmental Laws Through Citizen Suits. 38 A. Tribes' Eligibility for Bringing Citizen Suits. 39 1. Tribes as Persons Under the Environmental Statutes. 39 2. Tribes' Standing to Sue Violators. 40 3. Other Procedural Issues. 41... |
2006 |
Yes |
| Angela R. Riley |
Tribal Sovereignty in a Post-9/11 World |
82 North Dakota Law Review 953 (2006) |
I. INTRODUCTION. 953 II. SANTA CLARA PUEBLO. 955 A. Background. 955 B. Reactions. 957 III. CHANGING CONTEMPORARY CIRCUMSTANCES. 959 A. Renewed Scrutiny. 959 1. Indian Gaming. 959 2. Sovereignty in a Post-9/11 World. 961 IV. CONCLUSION. 964 |
2006 |
Yes |
| Brian P. McClatchey |
Tribally-owned Businesses Are Not "Employers": Economic Effects, Tribal Sovereignty, and Nlrb v. San Manuel Band of Mission Indians |
43 Idaho Law Review 127 (2006) |
Recently, the National Labor Relations Board (NLRB) held that tribally owned casino and bingo businesses, operating within reservations, are subject to the National Labor Relations Act (NLRA), contrary to its established precedent. Arguably, the NLRB read the NLRA in light of a discredited standard for statutes of general application. Congress... |
2006 |
Yes |
| Kathleen M. Sullivan, California State University, Los Angeles |
(Re)landscaping Sovereignty in British Columbia, Canada |
29 PoLAR: Political and Legal Anthropology Review 44 (May, 2006) |
Transgression is an action which involves the limit, that narrow zone of a line where it displays the flash of its passage, but perhaps also its entire trajectory even its origin; it is likely that transgression has its entire space in the line it crosses. [Foucault 1977:33-34] Many forms of sovereignty are still, albeit not exclusively, anchored... |
2006 |
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| |
2006 Patent Cooperation Treaty Conference: Transcript of Proceedings |
32 William Mitchell Law Review 1603 (2006) |
I. Introduction. 1604 II. Theme One: The PCT in the Short Term. 1606 A. Topic One: The Current State of the PCT: Accomplishments and Challenges, Opportunities and Threats. 1606 1. WIPO Perspective: Jay Erstling. 1606 2. Practitioner Perspective: Ted Ringsred. 1617 B. Topic Two: A Deeper Look at Some of the New Developments. 1625 1. WIPO... |
2006 |
|
| Jennifer Fischer |
A Comparative Look at the Right to Refuse Treatment for Involuntarily Hospitalized Persons with a Mental Illness |
29 Hastings International and Comparative Law Review 153 (Winter 2006) |
The issues surrounding the legal responsibility of caring for and maintaining a person with a mental illness go back almost 2500 years. The Romans asked questions that reverberate today: What was the legal status of a mentally disabled person during his lucid moments? Was he still under the protection of a guardian? If not, was it necessary to... |
2006 |
|
| Jordana S. Rubel |
A Missed Opportunity: the Ramifications of the Committee Against Torture's Failure to Adequately Address Israel's Ill-treatment of Palestinian Detainees |
20 Emory International Law Review 699 (Fall 2006) |
Israel has confronted terrorist threats since its birth as a nation in 1948. While Israel endeavors to protect its very existence as a democratic state, it must also protect the civil rights of its citizens. Over the past several decades, Israel has publicly struggled to balance these two fundamental interests. Justice Brennan wisely predicted in... |
2006 |
|
| Faith J. Jackson |
A Streetcar Named Negligence in a City Called New Orleans--a Duty Owed, a Duty Breached, a Sovereign Shield |
31 Thurgood Marshall Law Review 557 (Spring, 2006) |
They told me to take a street-car named Desire, and then transfer to one called Cemeteries and ride six blocks and get off at-Elysian Fields! As the citizens of New Orleans engage in efforts to return to New Orleans, to once again dwell in the familiarity of their homes, churches, businesses, and schools, and to once again find an existence in... |
2006 |
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| |
Adive Sovereignty in the 21st Century |
53-APR Federal Lawyer 34 (March/April, 2006) |
Tribal leaders and advocates have long known, understood, and even memorized Felix Cohen's classic statement of tribal sovereignty appearing on page 122 of his original Handbook of Federal Indian Law: The powers vested in Indian tribes are inherent powers of a limited sovereignty that has rever been extinguished. In the early years of the 21st... |
2006 |
|
| Patrick McKinley Brennan |
Against Sovereignty: a Cautionary Note on the Normative Power of the Actual |
82 Notre Dame Law Review 181 (November, 2006) |
When all is said and done . . . it is the will symbolism in one or other of its orthodox sovereignty versions which still requires our most vigilant housekeeping attention. This is the reason for concentrating on the concrete organ and the abstract state as candidates for that mythical political god-head in which power becomes de jure without... |
2006 |
|
| Rachel Welch |
And Not a Drop to Drink: Water Privatization, Pseudo-sovereignty, and the Female Burden |
15 Tulane Journal of International and Comparative Law 311 (Winter 2006) |
I. Water Scarcity, Privatization, and the Female Burden: An Introduction. 311 II. Water Privatization in the Developing World: Two Countries, Two Controversies. 314 A. Cochabamba, Bolivia: The Price of Life. 316 B. Water Scarcity, Cholera, and Women: South Africa's Privatization Nightmare. 319 III. Comment 15: The Failure of a Rights-Based Analysis... |
2006 |
|
| Joshua P. Welsh |
Appendix |
36 Stetson Law Review 247 (Fall 2006) |
The inconsistencies between state conservation easement statutes, particularly as they relate to the protection of wetlands, are best seen in comparison to one another, in the form of the table provided below. When a statute conforms exactly to the UCEA, this conformity will be noted. Otherwise, the table will only note deviations or significant... |
2006 |
|
| Joseph F. Cascio |
Are All Roads Tolled? State Sovereign Immunity and the Federal Supplemental Jurisdiction Tolling Provision |
73 University of Chicago Law Review 965 (Summer 2006) |
Lance Raygor believed that his employer, the University of Minnesota, had discriminated against him because of his age. He sued the University, an arm of the state, in federal court under the federal Age Discrimination in Employment Act (ADEA) and the Minnesota Human Rights Act. In its pleadings, the state asserted sovereign immunity from federal... |
2006 |
|
| G. Christine Ballard and Wray E. Bradley |
Beyond Tax Treaties: Status of Forces and Usaid Agreements |
17 Journal of International Taxation 52 (April, 2006) |
U.S. persons who work directly or indirectly for the U.S. government overseas may not be subject to host-country taxation due to international agreements such as SoFAs and USAID agreements. The United States imposes income taxes on its citizens wherever they live and wherever they derive income, while most other countries tax income based on... |
2006 |
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| Nancy S. Kim |
Blameworthiness, Intent, and Cultural Dissonance: the Unequal Treatment of Cultural Defense Defendants |
17 University of Florida Journal of Law and Public Policy 199 (August, 2006) |
Many scholars have debated the wisdom and meaning of the cultural defense. The use of the term itself is a misnomer as it is rarely used to advocate a formalized defense. In this Essay, I use the term cultural defense to refer to any use of cultural evidence in criminal cases to justify, exculpate, or mitigate a defendant's actions.... |
2006 |
|
| Luke A. McLaurin |
Can the President "Unsign" a Treaty? A Constitutional Inquiry |
84 Washington University Law Review 1941 (2006) |
In May 2002, President Bush sparked controversy in the international community with his purported unsigning of the Rome Statute of the International Criminal Court (ICC), a major multilateral treaty. Although President Clinton had signed the Rome Statute on December 31, 2000-- the last day in which the treaty remained open for signature--with... |
2006 |
|
| Donald P. Harris |
Carrying a Good Joke Too Far: Trips and Treaties of Adhesion |
27 University of Pennsylvania Journal of International Economic Law 681 (Fall 2006) |
Now is the time for international lawyers to focus on the issue of fairness in the law. The new maturity and complexity of the system calls out for a critique of law's content and consequences. Its extensive coverage and its audacious incursions into state sovereignty demand a new emphasis on the system's values, aims, and effects. Should fairness... |
2006 |
|
| Naoki Kanaboshi |
Competent Persons' Constitutional Right to Refuse Medical Treatment in the U.s. and Japan: Application to Japanese Law |
25 Penn State International Law Review Rev. 5 (Summer 2006) |
The goal of this article is to clarify the meaning and scope of the constitutional right to refuse medical treatment in Japan. Once clarified, the constitutional right to refuse treatment could govern the interpretation and application of relevant statutes in certain situations. This thesis posits that the right to refuse treatment is protected... |
2006 |
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| |
Constitutional Law -- Political Question Doctrine -- Ninth Circuit Holds That Whether the President May Conclude a Treaty with Hong Kong Does Not Constitute a Political Question. -- Wang v. Masaitis, 416 F.3d 992 (9th Cit. 2005) |
119 Harvard Law Review 2300 (May, 2006) |
The political question doctrine mandates that the political branches, rather than the courts, determine the constitutionality of certain courses of action. Since the doctrine requires courts to recognize the President's discretion over many aspects of foreign affairs, judicial treatment of the doctrine is often intertwined with issues of... |
2006 |
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| Ralph A. Litzinger, Duke University |
Contested Sovereignties and the Critical Ecosystem Partnership Fund |
29 PoLAR: Political and Legal Anthropology Review 66 (May, 2006) |
The Critical Ecosystem Partnership Fund (CEPF) is a new global conservation-funding project created in 2000 through start-up funds from Conservation International, the World Bank, the Global Environmental Facility, and the MacArthur Foundation. It aims to protect the world's biodiversity hotspots, promote civil society, and assist in the Millennial... |
2006 |
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| Kristen A. Carpenter |
Contextualizing the Losses of Allotment Through Literature |
82 North Dakota Law Review 605 (2006) |
Some years ago, scholars issued a call to context, arguing that legal rules should be studied and applied with attention to the historical, personal, cultural, geographic, and other circumstances that give rise to legal problems. These scholars critiqued a strict rule-of-law model wherein abstract legal principles dominated legal thinking. By... |
2006 |
|
| Erwin Chemerinsky |
Court Revisits Sovereign Immunity in Discrimination Cases |
42-MAR Trial 70 (March, 2006) |
Over the last decade, few areas of constitutional law have received more attention from the Supreme Court than sovereign immunity. Since 1996, the Court has significantly limited plaintiffs' ability to sue state governments. But its most recent ruling on the issue, in United States v. Georgia, actually opens the door to more lawsuits against states... |
2006 |
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