| Author | Title | Citation | Summary | Year | Key Terms |
| Charles, Kornmann, U.S. District Judge,, District of South Dakota |
Commentary on Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618241 (2/1/2005) |
I do not believe the advisory guidelines should be amended to treat tribal court convictions the same as misdemeanor or juvenile convictions from state, county, and municipal courts. Tribal court convictions may be considered in connection with adequacy of the criminal history category, and in connection with motions to prosecute a juvenile as an... |
2005 |
Yes |
| David S. Case |
Commentary on Sovereignty: the Other Native Claim |
25 Journal of Land, Resources, and Environmental Law 149 (2005) |
The Alaska Native Claims Settlement Act (ANCSA or Claims Act) ignored the Alaska Native claim to sovereignty. It is not clear why, but it is clear that Congress simply did not deal with the issue in the 1971 settlement. The word tribe is used only once in ANCSA and then only as part of the definition of Native village. The extinguishment of... |
2005 |
Yes |
| William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. |
Commentary: Treatment of Tribal Court Convictions |
2005 Federal Sentencing Reporter 1618240 (2/1/2005) |
In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... |
2005 |
Yes |
| William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. |
Commentary: Treatment of Tribal Court Convictions |
2005 Federal Sentencing Reporter 1618240 (2/1/2005) |
In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... |
2005 |
Yes |
| L. Scott Gould |
December Song: the Waiting Game for Tribal Sovereignty in Maine |
20 Maine Bar Journal 18 (Winter, 2005) |
You may not have marked your calendar. Last June 18, sandwiched between Memorial Day and Independence Day, the Wheeler-Howard Act reached its seventieth anniversary. On that date in 1934, Congress enacted sweeping reforms in its relationship with American Indians. The legislation, known officially as the Indian Reorganization Act, ended a... |
2005 |
Yes |
| Kristoffer P. Kiefer |
Exercising Their Native American Nations of the United States Enhancing Political Sovereignty Through Ratification of the Rome Statute |
32 Syracuse Journal of International Law and Commerce 345 (Spring 2005) |
The federal government officially recognizes 562 tribal governments within the United States. Combined, these Native American nations occupy 55.7 million acres of land, which the United States holds in trust for their use. A number of factors, including the size of these tribes, their history, and the complexity of the Native American experience... |
2005 |
Yes |
| Erich W. Steinman |
Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law Through Institutional Entrepreneurship |
39 Law and Society Review 759 (December, 2005) |
Extensive sociolegal scholarship has addressed the utility of law as a mechanism through which marginalized groups may promote social change. Within this debate, scholars employing the legal mobilization approach have thus far highlighted law's indirect impact, beyond the formal arenas of law, via effects on the legal consciousness of reformers... |
2005 |
Yes |
| Kevin, Washburn, Associate Professor,, University of Minnesota, Law School |
Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618237 (2/1/2005) |
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modern federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of... |
2005 |
Yes |
| Kevin, Washburn, Associate Professor,, University of Minnesota, Law School |
Reconsidering the Commission's Treatment of Tribal Courts |
2005 Federal Sentencing Reporter 1618237 (2/1/2005) |
Since the U.S. Sentencing Commission first enacted the federal Sentencing Guidelines, the Guidelines have treated tribal courts in a manner that is impossible to reconcile with other modern federal policies of respect for tribal self-determination and self-governance. In refusing to count tribal convictions for purposes of routine calculation of... |
2005 |
Yes |
| Amy Gannaway |
Researching American Indian Law Online |
78-JUL Wisconsin Lawyer 20 (July, 2005) |
LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... |
2005 |
Yes |
| Amy Gannaway |
Researching American Indian Law Online |
78-JUL Wisconsin Lawyer 20 (July, 2005) |
LAW DOMINATES INDIAN life in a way not duplicated in other segments of American society, write the editors of a leading treatise on federal American Indian law. Since the American Revolution, American Indian law has evolved into a complex web of treaties, federal statutes and regulations, and federal case law, as well as tribal codes,... |
2005 |
Yes |
| Kathryn L. Garner |
Skokomish Indian Tribe v. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) |
8 University of Denver Water Law Review 639 (Spring, 2005) |
In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... |
2005 |
Yes |
| Kathryn L. Garner |
Skokomish Indian Tribe v. United States, 401 F.3d 979 (9th Cir. 2005) (Holding a Treaty Between the United States and an Indian Tribe Does Not Implicitly Reserve Water Rights to the Tribe Beyond the Amount Necessary for the Reservation's Primary Purpose) |
8 University of Denver Water Law Review 639 (Spring, 2005) |
In 2004 the Skokomish Indian Tribe of Washington (Tribe) sought damages from the United States, the City of Tacoma (City), and Tacoma Public Utilities (TPU) for alleged harm caused by the Cushman Hydroelectric Project (Project). The City constructed the Project in 1930, which consisted of two dams and two reservoirs. The Tribe sued the City... |
2005 |
Yes |
| Sarah Deer, Copyright © 2005 Sarah Deer |
Sovereignty of the Soul: Exploring the Intersection of Rape Law Reform and Federal Indian Law |
38 Suffolk University Law Review 455 (2005) |
This Article is about tribal issues and sexual assault, and it is directed not so much at beyond prosecution as it is beyond jurisdiction. It focuses on an invisible legal challenge in addressing sexual violence. The focus is not on the federal or state system, but rather the third sovereign in this nation, the tribal justice system. There... |
2005 |
Yes |
| E. Andrew Long |
The New Frontier of Federal Indian Law: the United States Supreme Court's Active Divestiture of Tribal Sovereignty |
23 Buffalo Public Interest Law Journal L.J. 1 (2004-2005) |
A historically informed perspective reveals that the Supreme Court redefined tribal sovereignty over the last quarter century, despite its efforts to create the appearance of precedential consistency. While the changes have come piece by piece, the overall concept of tribal sovereignty currently guiding the Court is fundamentally different than the... |
2005 |
Yes |
| Sarah Krakoff |
The Renaissance of Tribal Sovereignty, the Negative Doctrinal Feedback Loop, and the Rise of a New Exceptionalism |
119 Harvard Law Review Forum 47 (December, 2005) |
In (Native) American Exceptionalism in Federal Public Law, Professor Frickey elegantly describes recent trends in federal Indian law, and makes a convincing case for the exceptionalism of the field. Professor Frickey's searching analysis of the Justices' various opinions in United States v. Lara, and the ways in which these opinions highlight the... |
2005 |
Yes |
| MacKenzie T. Batzer |
Trapped in a Tangled Web United States v. Lara: the Trouble with Tribes and the Sovereignty Debacle |
8 Chapman Law Review 283 (Spring 2005) |
Stretched across the upper part of the doorway was a big spiderweb, and hanging from the top of the web, head down, was a large grey spider. She was about the size of a gumdrop. She had eight legs . . . I'm not as flashy as some . . . but I'm near-sighted. Indigenous peoples have been present on United States soil even before the nation became... |
2005 |
Yes |
| Joel A. Holt |
Treat All Men Alike : an Analysis of United States v. White Mountain Apache Tribe and Suggestions for True Reparation |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
Yes |
| Joel A. Holt |
Treat All Men Alike : an Analysis of United States v. White Mountain Apache Tribe and Suggestions for True Reparation |
38 Akron Law Review 413 (2005) |
Great nations, like great men, should keep their word. In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere's indigenous people. The torture and genocide of Native Americans, motivated by... |
2005 |
Yes |
| Max Minzner |
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country |
6 Nevada Law Journal 89 (Fall 2005) |
Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... |
2005 |
Yes |
| Max Minzner |
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country |
6 Nevada Law Journal 89 (Fall 2005) |
Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... |
2005 |
Yes |
| Anna Fleder , Darren J. Ranco |
Tribal Environmental Sovereignty: Culturally Appropriate Protection or Paternalism? |
19 Journal of Natural Resources & Environmental Law 35 (2004-2005) |
Public policy is lagging far behind our ability to destroy ourselves, writes Native American activist Winona LaDuke, as she emphasizes the need to heed Iroquois advice and protect the environment for use by the seventh generation. American Indian nations are profoundly affected by the destruction of the environment, because they hold cultural,... |
2005 |
Yes |
| Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... |
2005 |
Yes |
| David Krinsky |
A Plan Revised: How the Congressional Power to Abrogate State Sovereign Immunity Has Expanded since the Eleventh Amendment |
93 Georgetown Law Journal 2067 (August, 2005) |
[W]here there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded. While the Union survived the Civil War, the Constitution did not. In its place arose a new, more promising basis for justice and equality, the fourteenth amendment. Over the past fifteen years, the Supreme Court has embarked on a... |
2005 |
|
| Gregory C. Sisk |
A Primer on the Doctrine of Federal Sovereign Immunity |
58 Oklahoma Law Review 439 (Fall, 2005) |
Because it is the quintessential repeat-player in federal litigation, the federal government exerts a powerful influence on the federal courts and the development of legal doctrine. As political scientist Christopher J.W. Zorn has observed, because of its ubiquitous presence in federal litigation, more than any other entity, the federal government... |
2005 |
|
| Jeremy M. Sher |
A Question of Dignity: the Renewed Significance of James Wilson's Writings on Popular Sovereignty in the Wake of Alden v. Maine |
61 New York University Annual Survey of American Law 591 (2005) |
In December of 1992, probation officer John Alden sued his employer, the State of Maine, in federal court. Alden, along with sixty-six co-plaintiffs, contended that the state had failed to provide him with overtime pay as required under the federal Fair Labor Standards Act (FLSA). Whether Alden was entitled to damages remains unknown, as no judge... |
2005 |
|
| Dean C. Rowan, Boalt Hall School of Law |
Aboriginal Societies and the Common Law: a History of Sovereignty, Status, and Self-determination. By P.g. Mchugh. Oxford; New York: Oxford University Press, 2004. Pp. Ix, 661. Isbn 0-19-825248-x. Gb£80.00; Us$150.00 |
33 International Journal of Legal Information 294 (Summer, 2005) |
In an absorbing, dense, and detailed account of the interactions of indigenous groups of North America, Australia, and New Zealand with British settlers and conquerors, Aboriginal Societies and the Common Law presents not only a history, sweeping in its coverage of time and place, but also a pointed depiction of the vicissitudes of law. This... |
2005 |
|
| Joshua Hill |
Administrative Sovereignty: Expanding the Scope of Federal Agency Enforcement Powers in Alaska v. Environmental Protection Agency |
25 Journal of the National Association of Administrative Law Judges 269 (Spring 2005) |
In 1996, Teck Cominco Alaska, Inc. (Cominco) commenced an expansion of one of its zinc mine holdings in rural Alaska. Cominco applied to the Alaska Department of Environmental Conservation (ADEC) for a permit authorizing increased generation by its standby electric generator and the addition of a seventh generator to its mine. Pursuant to its... |
2005 |
|
| James J. Friedberg |
Ambiguity, Sovereignty, and Identity in Ireland: Peace and Transition |
20 Ohio State Journal on Dispute Resolution 113 (2005) |
I. Introduction. 114 II. Constructive and Destructive Ambiguity. 115 III. Vocabulary and Ambiguity: The Agreement. 122 IV. History 1. 123 V. Vocabulary and Ambiguity: Ulster. 128 VI. History 2. 129 VII. Vocabulary and Ambiguity: Nationalist and Republican. 132 VIII. Dialogue 1. 133 IX. Good Friday Agreement (Decommissioning Excerpt). 137 X.... |
2005 |
|
| David L. Roghair |
Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? |
20 Journal of Environmental Law & Litigation 189 (2005) |
In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... |
2005 |
|
| David L. Roghair |
Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? |
20 Journal of Environmental Law & Litigation 189 (2005) |
In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... |
2005 |
|
| Michael J. Dennis |
Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation |
99 American Journal of International Law 119 (January, 2005) |
Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... |
2005 |
|
| Michael J. Dennis |
Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation |
99 American Journal of International Law 119 (January, 2005) |
Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... |
2005 |
|
| Jason Webb Yackee |
Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm |
12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) |
I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 |
2005 |
|
| Jason Webb Yackee |
Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm |
12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) |
I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 |
2005 |
|
| Timothy Zick |
Are the States Sovereign? |
83 Washington University Law Quarterly 229 (2005) |
I. Introduction. 230 II. Classical Sovereignty--A Brief Introduction. 239 III. Domestic Sovereignty Discourses. 241 A. The Framers. 241 B. The Supreme Court. 243 C. Scholars. 247 1. Classicists. 247 2. Republicans. 249 3. Skeptics. 251 IV. Sovereignty and the Post-Modern State. 255 A. Post-Classical Sovereignty. 257 B. The New Sovereignty . 264... |
2005 |
|
| Camille L. Zentner |
Between the Hockey Rink and the Voting Booth: the Ada and Abrogation of Sovereign Immunity in the Educational Context |
71 Brooklyn Law Review 589 (Fall, 2005) |
Since the United States Supreme Court's decision in Tennessee v. Lane on May 17, 2004, there has been a flurry of cases questioning the validity of abrogation of sovereign immunity by Title II of the Americans with Disabilities Act (ADA Title II) in various public service contexts. Two cases, McNulty v. Board of Education of Calvert County and... |
2005 |
|
| Victor Mosoti |
Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? |
26 Northwestern Journal of International Law and Business 95 (Fall 2005) |
The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... |
2005 |
|
| Victor Mosoti |
Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? |
26 Northwestern Journal of International Law and Business 95 (Fall 2005) |
The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... |
2005 |
|
| Ellen M. Weber |
Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities |
57 Rutgers Law Review 631 (Winter 2005) |
Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... |
2005 |
|
| Ellen M. Weber |
Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities |
57 Rutgers Law Review 631 (Winter 2005) |
Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... |
2005 |
|
| M. Wesley Clark, JD, LL.M. |
Can State "Medical" Marijuana Statutes Survive the Sovereign's Federal Drug Laws? A Toke Too Far |
35 University of Baltimore Law Review Rev. 1 (Fall 2005) |
This article explores whether, and to what extent, federal authorities can enforce the federal Controlled Substances Act [CSA] against state and local governments acting under color of a conflicting state or local law. The question is both important and timely, inasmuch as state and local jurisdictions have been enacting legislation in conflict... |
2005 |
|
| Karen E. Bravo |
Caricom, the Myth of Sovereignty, and Aspirational Economic Integration |
31 North Carolina Journal of International Law and Commercial Regulation 145 (Fall 2005) |
I. Introduction. 146 II. The Caribbean Story. 153 III. Regional Integration and the Challenge of Sovereignty. 155 A. Regionalism. 155 B. Sovereignty. 158 C. The Myth of Sovereignty. 160 D. Aspirational Economic Integration. 166 IV. CARICOM: Why, When, How. 167 A. 1973 Treaty of Chaguaramas. 168 B. Revised Treaty of Chaguaramas--2001. 171 V. The... |
2005 |
|
| Mark J. Chorazak |
Clarity and Confusion: Did Republic of Austria v. Altmann Revive State Department Suggestions of Foreign Sovereign Immunity? |
55 Duke Law Journal 373 (November, 2005) |
For Maria Altmann, a Holocaust survivor in her late eighties, 1938 is not just a year. It marked the beginning of the Anschluss, the Nazi invasion and annexation of her native Austria, and her family's subsequent flight from Vienna. More than sixty years later, following a discovery by a journalist conducting research in the state archives at the... |
2005 |
|
| Jeffrey W. Stempel |
Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes |
83 Washington University Law Quarterly 1127 (2005) |
Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... |
2005 |
|
| Jeffrey W. Stempel |
Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes |
83 Washington University Law Quarterly 1127 (2005) |
Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... |
2005 |
|
| Leslie Sturgeon |
Constructive Sovereignty for Indigenous Peoples |
6 Chicago Journal of International Law 455 (Summer 2005) |
Elaborating on current understandings of sovereignty seems, on its face, to be an exercise in futility. Although several international documents address the question of who is entitled to status as a sovereign entity, a realistic approach suggests that the only rights guaranteed to a would-be sovereign entity are those that it can back by force... |
2005 |
|
| Charles B. Craver |
Continuing to Treat Workers like Widgets and Digits |
7 University of Pennsylvania Journal of Labor and Employment Law 747 (Spring 2005) |
FROM WIDGETS TO DIGITS: EMPLOYMENT REGULATION FOR THE CHANGING WORKPLACE. By Katherine V.W. Stone. Cambridge, U.K.: Cambridge University Press. 2004. Pp. xii, 300, $29.99. In her provocative new book, From Widgets to Digits, Professor Katherine V.W. Stone thoughtfully traces the changes that have occurred in the American economic system over the... |
2005 |
|
| Charles B. Craver |
Continuing to Treat Workers like Widgets and Digits |
7 University of Pennsylvania Journal of Labor and Employment Law 747 (Spring 2005) |
FROM WIDGETS TO DIGITS: EMPLOYMENT REGULATION FOR THE CHANGING WORKPLACE. By Katherine V.W. Stone. Cambridge, U.K.: Cambridge University Press. 2004. Pp. xii, 300, $29.99. In her provocative new book, From Widgets to Digits, Professor Katherine V.W. Stone thoughtfully traces the changes that have occurred in the American economic system over the... |
2005 |
|
| K.A.D. Camara |
Costs of Sovereignty |
107 West Virginia Law Review 385 (Winter 2005) |
I. Introduction. 386 II. Naturalism, Nationalism, and Internationalism: Three Theories of Private International Law. 389 III. Nationalism. 395 A. Fidelity to Law: The Institutional Argument. 395 B. Externalities of Sovereignty. 401 1. Simple Wrong Law. 402 2. Inconsistent Law. 402 3. Inefficient Scope. 404 C. Costs of Sovereignty. 407 1.... |
2005 |
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