| Author | Title | Citation | Summary | Year | Key Terms |
| Bryce Drapeaux |
TOWARDS A MORE MEANINGFUL FUTURE: AN INDIAN CHILD WELFARE LAW FOR SOUTH DAKOTA |
69 South Dakota Law Review 119 (2024) |
Historically, the relationships between American Indian tribes and the states have been predominately antagonistic. In 1978, Congress attempted to remediate some of the effects of this antagonism by passing the Indian Child Welfare Act (ICWA) to specifically combat the state-sponsored destruction of Indian families and the wholesale removal of... |
2024 |
|
| Jeff M. Brown |
TRAILBLAZER: KATHRYN TIERNEY ARGUED LANDMARK TRIBAL CASES |
97-JUN Wisconsin Lawyer 59 (June, 2024) |
Kathryn Tierney has practiced tribal law for 50 years. Along the way, she's argued two landmark federal cases and mentored many female tribal attorneys. Kathryn Tierney's first brush with tribal law came during one of the biggest criminal cases of the 1970s: the federal government's prosecution of American Indian Movement members Russell Means and... |
2024 |
|
| Samuel Winder |
TRIAL BY AMBUSH: THE PROSECUTION OF INDIANS IN FEDERAL COURT |
57 Loyola of Los Angeles Law Review 469 (Spring, 2024) |
This Article addresses the Federal Rules of Criminal Procedure's unjust impact in the prosecution of Indians in federal court. As the rules of engagement used by federal prosecutors and defense attorneys in federal court when prosecuting Indians under the Major Crimes Act and the General Crimes Act, the Federal Rules of Criminal Procedure differ... |
2024 |
|
| Kristie Kargus |
TRIBAL IMMUNITY IS DYING: THE INTERSECTION OF BANKRUPTCY AND FEDERAL INDIAN LAW |
58 New England Law Review 309 (Spring, 2024) |
For centuries, Native American nations have compromised with the United States government, frequently sacrificing their freedom and immunity from most lawsuits. Over time, tribes negotiated certain powers away, including land, prosecution power, taxing power, and immunities. All three branches of government have collaborated with tribes throughout... |
2024 |
|
| Adam Crepelle |
TRIBAL LAW: IT'S NOT THAT SCARY |
72 Buffalo Law Review 547 (April, 2024) |
Tribal law is often presented in a negative light. Indeed, the Supreme Court's skepticism about tribal law has resulted in severe limitations on tribal jurisdiction. This Article challenges perceptions of tribal law by surveying tribal law. While tribal law does rely on tribal customs, tribal law is largely consistent with mainstream American law.... |
2024 |
|
| Elizabeth Hidalgo Reese |
TRIBAL REPRESENTATION AND ASSIMILATIVE COLONIALISM |
76 Stanford Law Review 771 (April, 2024) |
Abstract. There are 574 federally recognized domestic dependent tribal nations in the United States. Each tribe is separate from its respective surrounding state(s) and governs itself. And yet, none of them have the power to send representatives to Congress. Our democratic representative structures function as if tribal governments and the... |
2024 |
|
| Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
|
| Alexandra Fay |
TRIBES AND TRILATERAL FEDERALISM: A STUDY OF CRIMINAL JURISDICTION |
56 Arizona State Law Journal 53 (Spring, 2024) |
This Article uses criminal jurisdiction to describe tribal political status in our national constitutional order. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act (VAWA) and Oklahoma v. Castro-Huerta, respectively. By... |
2024 |
|
| Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
|
| Katherine Baker, Rose Athena Collins |
TRUST THE PROCESS: INTERIOR PROMISES FINAL RULE WILL STREAMLINE TRIBAL TRUST LAND ACQUISITIONS |
40 Practical Real Estate Lawyer 19 (9/1/2024) |
The administrative process by which tribal nations obtain trust status for land to conduct off-reservation gaming or other activities has been criticized by some as cumbersome, lengthy, and overly burdensome. With recently implemented amendments to 25 Code of Federal Regulations (CFR) part 151, the Biden Administration seeks to make this process... |
2024 |
|
| Michael Moffitt |
TRUTH. REGARDLESS OF RECONCILIATION? |
24 Nevada Law Journal 1071 (Spring, 2024) |
Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems--a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is... |
2024 |
|
| Christopher E. Smith , Charles F. Jacobs |
UNDERREPRESENTATION AND EXCLUSION FROM INFLUENCE ON THE U.S. SUPREME COURT: SENIOR ASSOCIATE JUSTICES AND THE OPINION-ASSIGNMENT POWER |
27 Journal of Gender, Race and Justice 383 (Spring, 2024) |
I. Introduction. 383 II. Data From the Supreme Court Judicial Database. 386 III. The Unrepresentative Judiciary. 388 A. Historical Background. 388 B. The Impact of Diversity. 390 IV. Opinion-Assignment Authority. 393 A. Uneven Distribution of Opportunities for Influence. 393 B. Majority Opinions Assigned by Women and African-American Justices. 400... |
2024 |
|
| Sarah Roubidoux Lawson |
UNDERSTANDING RECENT CHANGES TO THE BUREAU OF INDIAN AFFAIRS FEE-TO-TRUST REGULATIONS |
71-SUM Federal Lawyer 16 (Summer, 2024) |
In December 2023, the Bureau of Indian Affairs (BIA) made significant revisions to its land acquisition regulations (also known as the fee-to-trust or FTT process), as published in the Federal Register (88 FR 86249). These regulations were final as of January 2024. According to the BIA, the changes are intended to make the fee-to-trust process... |
2024 |
|
| Riley J. Gutierrez |
UNINCORPORATED: A CASE FOR AMERICAN SAMOA THROUGH THE FOG OF THE INSULAR CASES |
18 Liberty University Law Review 641 (Spring, 2024) |
For over a century, American Samoa has been an unincorporated territory of the United States. Due to its unincorporated status, its inhabitants lack U.S. constitutional citizenship under the Fourteenth Amendment. Congress has further failed to pass legislation granting statutory birthright citizenship to American Samoans, setting American Samoa... |
2024 |
|
| Caroline Ritter |
UNITED STATES SUPREME COURT |
27 University of Denver Water Law Review 101 (Spring, 2024) |
Arizona v. Navajo Nation, 143 S. Ct. 1804 (2023) (holding that although the 1868 treaty Between the United States of America and the Navajo Tribe of 1868 reserved necessary water to fulfill the purpose of the Navajo Reservation, it contained no duty-imposing language for the United States to the Navajo tribe to take affirmative steps to secure... |
2024 |
|
| Eric Ramoutar |
UNPRINCIPLED PREEMPTION: WHY THE SUPREME COURT WAS WRONG IN OKLAHOMA v. CASTRO-HUERTA TO ABANDON EXCLUSIVE FEDERAL JURISDICTION OVER CRIMES BY NON-INDIANS AGAINST INDIANS IN INDIAN COUNTRY |
48 American Indian Law Review 115 (2023-2024) |
The division of criminal jurisdiction in Indian Country has been a source of controversy since the earliest days of the republic. The contemporary arrangement is the product of a complex interaction between treaties, federal statutes, and common law gloss. Since 1881, the prevailing understanding has been that while states have jurisdiction to... |
2024 |
|
| Christophe Courchesne , Mia Montoya Hammersley , Mark James |
UPDATING THE ENVIRONMENTAL LAW TOOLKIT FOR A COMPLEX FUTURE |
49 Vermont Law Review 147 (Winter 2024) |
Introduction. 147 I. A New Era for Federal Environmental Law. 149 II. Importance of Quantitative Literacy. 150 III. Importance of Native American Legal Perspectives. 152 IV. Teaching Integrity of Climate Solutions. 153 V. Teaching the Full Environmental Law Toolkit. 154 |
2024 |
|
| Paul-Angelo dell'Isola |
UPHOLDING COMMUNITY INTERESTS WITH ABSOLUTE OBLIGATIONS: A COMPARISON OF THE CONVENTION ON BIOLOGICAL DIVERSITY AND HUMAN RIGHTS TREATIES |
45 University of Pennsylvania Journal of International Law 1145 (Summer, 2024) |
International law traditionally did not concern itself with States' treatment of individuals, flora, or fauna subject to their jurisdictions. Contemporary international law does. International law recognizes the protection of human rights and the biosphere as community interests, interests that transcend States' interests and demand international... |
2024 |
|
| Lawrence J. Altman |
US SUPREME COURT'S JUNE 2023 RULING CONCLUDES INDIAN CHILD WELFARE ACT OF 1978 IS CONSTITUTIONAL |
80 Journal of the Missouri Bar 242 (November-December, 202) |
Editor's Note: The Journal of The Missouri Bar follows Associated Press Style, which recommends the term Native American. In June 2023, the U.S. Supreme Court issued a ruling in Haaland, Secretary of the Interior v. Brackeen that discussed Native Americans' rights under the Indian Child Welfare Act of 1978 (ICWA). This federal law determines the... |
2024 |
|
| Daniel Messier |
W. FLAGLER ASSOCS., LTD. v. HAALAND: THE D.C. CIRCUIT PARLAYS THE INDIAN GAMING REGULATORY ACT INTO SPORTS BETTING |
31 Sports Lawyers Journal 123 (Spring, 2024) |
I. Overview. 123 II. Background. 124 III. Court's Decision. 127 IV. Analysis. 132 V. Conclusion. 136 |
2024 |
|
| Elena Chang |
WAI EA: RESTORING HAWAI'I'S PUBLIC TRUST AND RECLAIMING LAHAINA'S WATER FUTURE |
46 University of Hawaii Law Review 366 (Spring, 2024) |
I. Introduction. 367 II. The Legacy of Plantation Disaster Capitalism in Lahaina. 375 A. The Dewatering of Lahaina's Abundant Landscape. 377 B. State-Aided Disaster Capitalism. 385 III. Restoring Hawai'i's Public Trust. 396 A. Decisionmakers Confound Balance in the Struggle to Effectuate Hawai'i's Public Trust. 397 B. Restorative Environmental... |
2024 |
|
| Oona A. Hathaway, Maggie M. Mills, Thomas M. Poston |
WAR REPARATIONS: THE CASE FOR COUNTERMEASURES |
76 Stanford Law Review 971 (May, 2024) |
Abstract. Who pays for the terrible destruction wrought by war? This problem is far from new, but it is currently receiving renewed attention as a result of the war in Ukraine. The options currently available to states that are the victims of unlawful wars in the postwar era are limited. For Ukraine, some have proposed addressing this shortfall by... |
2024 |
|
| Kelly Bridges |
WATER SECURITY IN THE WAKE OF ARIZONA v. NAVAJO NATION: HOW THE PRESIDENT'S EMERGENCY POWERS CAN PROVIDE A PATH FORWARD FOR THE NAVAJO NATION |
2024 University of Chicago Legal Forum 399 (2024) |
In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation's water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the... |
2024 |
|
| Garrett I. Halydier |
WE(ED) HOLD THESE TRUTHS TO BE SELF-EVIDENT: ALL THINGS CANNABIS ARE INEQUITABLE |
19 University of Massachusetts Law Review 39 (Winter, 2024) |
Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the... |
2024 |
|
| Sapphire Carter |
WHERE DO WE GO FROM HERE? NAVAJO NATION'S FIGHT FOR WATER |
48-FALL Environs Environmental Law and Policy Journal 71 (Fall, 2024) |
Bringing us here has made many of us die, also a great number of our animals. Our Grandfathers had no idea of living in any other place except our own land, and I don't think it is right for us to do what we were taught not to do. When the Navajo were first made, First Woman pointed out four mountains and four rivers that was to be our land. Our... |
2024 |
|
| Sarah Medina Camiscoli, Sa'Real McRae |
YOUTH PARTICIPATORY LAW SCHOLARSHIP |
110 Virginia Law Review Online 313 (November, 2024) |
This Essay joins a formally trained legal scholar-practitioner with a grassroots youth activist and advocate to introduce the emerging subgenre of Youth Participatory Law Scholarship (YPLS). YPLS expands on the movement for Participatory Law Scholarship by including youth co-authors whom U.S. legal systems have excluded from democracy and whom... |
2024 |
|
| Julia Grant |
A CLASH OF CONSTITUTIONAL COVENANTS: RECONCILING STATE SOVEREIGN IMMUNITY AND JUST COMPENSATION |
109 Virginia Law Review 1143 (September, 2023) |
When two bedrock constitutional guarantees come in conflict, which one prevails? This Note explores the clash between state sovereign immunity and the right to just compensation in inverse condemnation actions. When a state physically invades private property without providing remuneration, plaintiffs rightly take to federal court, asserting their... |
2023 |
Yes |
| Hon. Richard E. Welch III |
A FLICKERING LIGHT IN THE WILDERNESS: COULD THE RECENT "PLAN OF THE CONVENTION" CASES CORRECT AND SIMPLIFY THE SUPREME COURT'S STATE SOVEREIGNTY DOCTRINE? |
57 New England Law Review 171 (Spring, 2023) |
The Supreme Court's interpretations of the Eleventh Amendment and its related doctrine of state sovereign immunity are uniquely untethered and puzzling. Imagine a world where the Supreme Court creates a state sovereign immunity doctrine contrary to written limitations contained in the Constitution. Imagine further that the Court, using this... |
2023 |
Yes |
| Peter B. Janci, Stephen F. Crew, Zachary Pangares |
A PATH FORWARD: LITIGATING THE TREATY-BASED CLAIMS OF CHILDREN SEXUALLY ABUSED IN THE INDIAN HEALTH SERVICE SYSTEM |
46 Seattle University Law Review 867 (Summer, 2023) |
C1-2Contents Introduction. 867 I. Treaties and the Government's Role in Indian Life: An Example Set of Facts. 871 A. The U.S. Government's Betrayal of Blackfeet Boys. 871 1. Then (1986-2015): IHS Knowingly Harbors a Sexual Predator. 871 2. Now (2019-Present): The Government's Renewed Betrayal of Weber's Victims. 875 II. A Path Forward: Victims'... |
2023 |
Yes |
| Christopher T. Colloton |
A RIGHT WITHOUT A REMEDY: HOW ONE CINCINNATIAN'S STORY ILLUSTRATES TERRORISM VICTIMS' INABILITY TO OBTAIN COMPENSATION UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT |
92 University of Cincinnati Law Review 555 (2023) |
On January 2, 2016, officials at Pyongyang Sunan International Airport arrested twenty-one-year-old Otto Warmbier, a native son of Wyoming, Ohio, a quiet suburb of Cincinnati. Abruptly and without explanation, Otto was seized just as he was set to return home from a five-day trip to the Democratic People's Republic of Korea (DPRK), the infamously... |
2023 |
Yes |
| Amanda Hager Freudensprung |
ABROGATING TRIBAL SOVEREIGN IMMUNITY VIA THE BANKRUPTCY CODE |
45 University of Arkansas at Little Rock Law Review 689 (Summer, 2023) |
Indian tribes have been considered separate governments since the Founding of the New World, and are separate sovereigns pre-existing the Constitution. As a result, Indian tribes have historically been held to have many of the same rights as any nation to govern themselves and to enjoy sovereign immunity. A government enjoying the privilege of... |
2023 |
Yes |
| Charles H. Brower II |
AGAINST IMPERIAL ARBITRATORS: THE BRILLIANCE OF CANADA'S NEW MODEL INVESTMENT TREATY |
17 FIU Law Review 1 (Spring, 2023) |
Investment treaty arbitration has become politically toxic even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result,... |
2023 |
Yes |
| Mitchell Forbes |
BEYOND INDIAN COUNTRY: THE SOVEREIGN POWERS OF ALASKA TRIBES WITHOUT RESERVATIONS |
40 Alaska Law Review 171 (June, 2023) |
The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would... |
2023 |
Yes |
| Katharina Ruckstuhl |
DATA IS A TAONGA: AOTEAROA NEW ZEALAND, MORI DATA SOVEREIGNTY AND IMPLICATIONS FOR PROTECTION OF TREASURES |
12 NYU Journal of Intellectual Property and Entertainment Law 391 (2023) |
Sovereignty, and how Indigenous people interpret sovereignty, matter in relation to data. There have been persistent claims and counter-claims as to what constitutes Indigenous sovereignty, both in international agreements and national legal cases. To understand the complex nature of Indigenous data sovereignty claims requires framing within... |
2023 |
Yes |
| Natalie Gomez-Velez |
DE JURE SEPARATE AND UNEQUAL TREATMENT OF THE PEOPLE OF PUERTO RICO AND THE U.S. TERRITORIES |
91 Fordham Law Review 1727 (April, 2023) |
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems--they exist presently in current laws... |
2023 |
Yes |
| Rosa Hayes |
DECOLONIZING EQUAL SOVEREIGNTY |
29 William and Mary Journal of Race, Gender, and Social Justice 355 (Winter, 2023) |
In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County's immediate aftermath... |
2023 |
Yes |
| by Barbara L. Jones , Minneapolis, MN |
Does the Bankruptcy Code Unequivocally Abrogate Tribal Sovereignty |
50 Preview of United States Supreme Court Cases 29 (4/17/2023) |
The petitioner, Lac du Flambeau Band of Lake Superior Chippewa Indians, is a federally recognized Indian tribe that operates Lendgreen, which makes Internet payday loans. The respondent borrowed $1,100 and filed a Chapter 13 bankruptcy shortly thereafter. Asserting tribal sovereignty, and thus common-law immunity, the petitioner continued attempts... |
2023 |
Yes |
| by Barbara L. Jones , Minneapolis, MN |
Does the United States Have a Duty Under Existing Treaties to Address the Navajo Nation Reservation's Water Needs? |
50 Preview of United States Supreme Court Cases 3 (3/20/2023) |
The Navajo Nation seeks breach-of-trust remedies under 1849 and 1868 treaties, alleging that the United States breached its treaty-based obligation to make water available to the Nation on its reservation. The use of the rivers in the Southwest, including the Colorado River, have long been the subject of litigation. The case before the Court is... |
2023 |
Yes |
| Emmanuel Hiram Arnaud |
DUAL SOVEREIGNTY IN THE U.S. TERRITORIES |
91 Fordham Law Review 1645 (April, 2023) |
Introduction. 1645 I. The Dual Sovereign Doctrine. 1650 II. The Ultimate Source of Power. 1651 A. Territorial Sovereign. 1654 B. Colonial Jurisprudence. 1656 III. Governance and Sovereignty. 1659 A. Sovereign Approximations. 1659 B. Power Deficiencies. 1663 IV. Colonial Emanations. 1666 A. Optics and Practice. 1666 B. A Silver Lining. 1668... |
2023 |
Yes |
| Nan D. Hunter |
FAMILY, RELIGION AND THE CONSTITUTION: PENUMBRAS OF SOVEREIGNTY |
35 Journal of the American Academy of Matrimonial Lawyers 571 (2023) |
In the following essay, Professor Hunter uses the metaphor of family sovereignty to analyze three stages in the history of family law and the Constitution. Over time, the jurisprudential dynamic of family law has shifted from rejection of constitutional principles to incorporation of liberal equality norms to exporting the concept of private... |
2023 |
Yes |
| |
FEDERAL COURTS--TRIBAL SOVEREIGNTY AND FISHING RIGHTS--SECOND CIRCUIT CONFIRMS EXCEPTION TO SOVEREIGN IMMUNITY FOR TRIBAL CLAIMS RELATING TO LAND AND FISHING RIGHTS.--SILVA v. FARRISH, 47 F.4TH 78 (2D CIR. 2022) |
136 Harvard Law Review 2012 (May, 2023) |
Tribal sovereignty grants Native American nations the right to govern themselves and their lands, thereby protecting, honoring, and preserving their communities and culture. Despite these guarantees, tribal sovereignty is often illusory in practice and has been systemically eroded by courts, state governments, and Congress alike, leading Native... |
2023 |
Yes |
| Roger Michalski |
FRACTIONAL SOVEREIGNTY |
13 UC Irvine Law Review 683 (March, 2023) |
The axiomatic beginning of every conflict of laws case is that a court must choose the law of one sovereign and disregard the law of all other sovereigns. One wins, gets to set the rules and regulate behavior, all others lose. This all-or-nothing scenario is the result of enshrining an old view of indivisible sovereignty into conflict of laws... |
2023 |
Yes |
| Jason Mika , Māui Hudson , Natalie Kusabs |
INDIGENOUS BUSINESS DATA AND INDIGENOUS DATA SOVEREIGNTY: CHALLENGES AND OPPORTUNITIES |
12 NYU Journal of Intellectual Property and Entertainment Law 427 (2023) |
In this paper, principles of Indigenous data sovereignty are examined in the collection and use of Indigenous business data in official statistics systems in Aotearoa New Zealand. The analysis centres on Statistics New Zealand's (Stats NZ's) Tatauranga umanga Mori, that is, its framework for Mori business statistics and the definition of Mori... |
2023 |
Yes |
| David Laux |
INTELLECTUAL PROPERTY PROTECTION FOR GENETIC RESOURCES, TRADITIOcAL KNOWLEDGE, AND FOLKLORE: WILL THE ON-GOING WIPO EFFORTS RESULT IN A FORMAL TREATY? |
103 Journal of the Patent and Trademark Office Society 353 (October, 2023) |
C1-3Table of Contents I. Introduction. 354 II. The History of the WIPO Intergovernmental Committee. 354 A. 2001-2008 (IGCs 1-14: The Research Years). 354 B. 2009-2017 (IGCs 15-35: Text-based Negotiations). 358 C. 2018-Present (IGCs 36-47: Recent Negotiations and a Diplomatic Conference). 361 III. Current Status of Negotiations in the Text-based... |
2023 |
Yes |
| Jean Paul Roekaert |
INVESTMENT TREATY ARBITRATION AND THE TRIPS PATENT WAIVER: INDIRECT EXPROPRIATION ANALYSIS OF COVID-19 VACCINE PATENTS |
46 Hastings International and Comparative Law Review 59 (Winter, 2023) |
Intending to promote greater access to Covid-19 vaccines, a group of developing countries submitted a proposal to the World Trade Organization (WTO) recommending a waiver that would temporarily exempt all WTO members from the obligation to comply with Section 5 (Patents) of the Agreement on Trade-Related Aspects of Intellectual Property Rights... |
2023 |
Yes |
| Robin Kundis Craig |
MARINE BIODIVERSITY: CHALLENGES, TRENDS, AND A NEW TREATY |
53 Environmental Law 343 (Summer, 2023) |
Marine biodiversity is an important component of global biodiversity, which is under threat from a variety of anthropogenic stressors. Some of the most important of these include overfishing, pollution, invasive species, climate change, and ocean acidification. After summarizing the scientific evidence that global marine biodiversity is declining,... |
2023 |
Yes |
| Thomas Langtry |
MODERNIZING LANGUAGE IN THE CALIFORNIA GOVERNMENT CLAIMS ACT TO ENABLE CONSISTENT ENFORCEMENT OF STATUTORY SOVEREIGN IMMUNITY |
53 Golden Gate University Law Review 147 (August, 2023) |
Introduction. 148 I. Background. 153 A. A History of Sovereign Immunity. 153 B. Problems with Sovereign Immunity in Federal Courts. 156 1. The Failure of Doctrinal Approaches to Adequately Address Concerns of Litigants. 158 2. Non-responsiveness of the U.S. Supreme Court's Analytical Framework. 159 C. Different Approaches in Federal and State... |
2023 |
Yes |
| Travis Elway Timm |
MODERNIZING THE COLUMBIA RIVER TREATY: TWO PROPOSALS TO ELEVATE THE ECOSYSTEM AND TO INCLUDE TRIBES |
58 Gonzaga Law Review 263 (2022/2023) |
The Columbia River Treaty, ratified in 1964, is an agreement between the United States and Canada to coordinate flood control and hydroelectric energy production within the Columbia River Basin. The treaty achieved this by requiring the building and management of dams in the upper Columbia River Basin. The dams flooded the usual fishing, trade, and... |
2023 |
Yes |
| Andy Taylor |
MUCH DISPUTE ABOUT NOTHING? A CRITICAL EXAMINATION OF THE BACKLASH AGAINST INVESTMENT TREATY ARBITRATION IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES |
14 Cybaris an Intellectual Property Law Review 33 (2023) |
C1-3Table of Contents I. Introduction 34 II. ISDS: Origins, Growth & Criticism 36 A. Origins of ISDS 36 B. Growth of ISDS 39 C. Backlash Against ISDS 42 D. Criticism of ISDS in IP Disputes 46 III. Notable Investor-State IP Disputes 49 A. Patents: Eli Lilly v. Canada 49 B. Trademarks: Philip Morris v. Uruguay 55 IV. Argument 58 A. ISDS: An... |
2023 |
Yes |
| Noelle N. Wyman |
NATIVE VOTING POWER: ENHANCING TRIBAL SOVEREIGNTY IN FEDERAL ELECTIONS |
132 Yale Law Journal 861 (January, 2023) |
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are... |
2023 |
Yes |