| Author | Title | Citation | Summary | Year | Key Terms |
| Eliza Faye Lafferty |
"CONTROL WITHOUT THE COSTS OF CONQUEST": REIMAGINING U.S. MILITARY BASES IN THE PHILIPPINES |
55 Georgetown Journal of International Law 305 (Winter, 2024) |
Since 1898, the United States has sought to exercise control over the Philippines, originally through conquest and overt imperial rule. Though the United States formally recognized Philippine independence in 1946, it has not relinquished its functional sites of control over the archipelago. While the Philippines acceded to SOVEREIGN recognition as... |
2024 |
Yes |
| Collin Studer |
"THE GOVERNMENT IS LIABLE": WAIVING THE FEDERAL GOVERNMENT'S SOVEREIGN IMMUNITY THROUGH THE FAIR CREDIT REPORTING ACT |
72 University of Kansas Law Review 513 (March, 2024) |
During the COVID-19 pandemic, Congress granted student-loan borrowers a six-month pause on their required payments. This pause no doubt came as a relief to millions of student-loan borrowers who felt the financial pressure of the pandemic. But those same borrowers likely did not anticipate how the pause--and subsequent delayed payments--would... |
2024 |
Yes |
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal SOVEREIGNty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
Yes |
| Stone Allen Washington |
130 YEARS OF SUBSTANTIVE DUE PROCESS (1810-1937): THE PREMATURE DEMISE OF NATURAL LAW JURISPRUDENCE AND THE LIBERTY OF CONTRACT--HOW THE LOCHNER ERA COULD HAVE SURVIVED THE NEW DEAL |
63 Washburn Law Journal 369 (Spring, 2024) |
YesNatural Law is an essential element of America's Constitutional-based legal system. Many of the Founding Fathers, most notably James Wilson, vigorously championed the necessity of preserving Natural Law doctrines. In many ways, Natural Law provides a moral foundation to the Constitution and a justification for the basic human rights it was created... |
2024 |
Yes |
| Sarah Szwak |
A "PERSON"AL CALL TO CONGRESS: AN EXAMINATION OF GOVERNMENTAL IMMUNITY IN THE FAIR CREDIT REPORTING ACT POST-KIRTZ |
85 Louisiana Law Review 245 (Fall, 2024) |
C1-3Table of Contents Introduction. 246 I. The Doctrine of SOVEREIGN Immunity. 253 II. The Historical Need and Enactment of the FCRA. 255 A. What is the consumer credit reporting industry?. 255 B. Historical Need for Federal Legislation Regulating the Consumer Credit Reporting Industry. 256 C. The Definition of Person and the Enforcement... |
2024 |
Yes |
| Cody T. Preston |
A BATTLE AMONG SOVEREIGNS: PARTNERING FEDERAL EXHAUSTION AND INFRINGEMENT PRINCIPLES TO SAFEGUARD TRIBAL COURT JURISDICTION OVER LABOR AND EMPLOYMENT DISPUTES |
77 Arkansas Law Review 607 (2024) |
The judicial systems of the three SOVEREIGNs--the Indian tribes, the Federal government, and the States--have much to teach one another. While each system will develop along different lines, each can take the best from the others. Just as a single courageous State may, if its citizens choose, serve as a laboratory . for the development of laws,... |
2024 |
Yes |
| Audra Locicero |
A CASE FOR TRIBAL CO-MANAGEMENT OF FEDERAL PUBLIC LANDS |
53 Stetson Law Review 543 (Spring, 2024) |
We are the land. To the best of my understanding, that is the fundamental idea embedded in Native American life and culture in the Southwest. More than remembered, the Earth is the mind of the people as we are the mind of the Earth .. It is not a means of survival .. It is rather part of our being, dynamic, significant, real. Virtually every person... |
2024 |
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| Liliana E. Popa |
A CONSISTENT TREATY INTERPRETATION BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS IN LIGHT OF CORPUS JURIS |
52 Denver Journal of International Law and Policy 207 (Spring, 2024) |
International human rights courts' use of external sources of interpretation is a key subject of disagreement for critics and opponents of these courts' interpretative work. This Article provides a comprehensive review of cases decided by one of the most contested human rights courts: the Inter-American Court of Human Rights (IACtHR). It evaluates... |
2024 |
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| Stephen R. Munzer |
A FRAMEWORK FOR MANAGING DISPUTES OVER INTELLECTUAL PROPERTY RIGHTS IN TRADITIONAL KNOWLEDGE |
29 Michigan Journal of Race and Law 31 (Spring, 2024) |
Major controversies in moral and political theory concern the rights, if any, Indigenous peoples should have over their traditional knowledge. Many scholars, including me, have tackled these controversies. This Article addresses a highly important practical issue: Can we come up with a solid framework for resolving disputes over actual or proposed... |
2024 |
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| Michael C. Blumm , Daniel J. Rohlf , Adam Eno |
A HALF-CENTURY OF PACIFIC SALMON SAVING EFFORTS: A PRIMER ON LAW, POLICY, AND BIOLOGY |
64 Natural Resources Journal 137 (Summer, 2024) |
Pacific salmon, the signature species of the Pacific Northwest, have declined across their range for well over a century, due to a myriad of human-caused effects on their habitat and the fish themselves. Restoration efforts--some successful, some halting--began in earnest in the late 20th century, with considerable attention focused on the Columbia... |
2024 |
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| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
|
| James Cavallaro , Silvia Serrano Guzmán , Jessica Tueller |
A NEW PATH FORWARD? HOW ATTENTION TO ECONOMIC, SOCIAL, CULTURAL, AND ENVIRONMENTAL RIGHTS COULD INCREASE U.S. INDIGENOUS AND AFRICAN-AMERICAN CIVIL SOCIETY ENGAGEMENT WITH THE INTER-AMERICAN HUMAN RIGHTS SYSTEM |
28 UCLA Journal of International Law and Foreign Affairs 39 (Fall, 2024) |
This Article contends that the evolving approach of the inter-American human rights system toward the human rights of Indigenous peoples and persons of African descent, including their economic, social, cultural, and environmental rights, presents a key opportunity for U.S. civil society actors to expand beyond the dominant framework of civil... |
2024 |
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| Joelle Paull |
A RACE CONSCIOUS OBJECTIVE REASONABLE PERSON STANDARD UNDER THE WASHINGTON STATE CONSTITUTION |
76 Rutgers University Law Review 1097 (Summer, 2024) |
C1-2Table of Contents I. Introduction. 1098 II. Statement of the Case. 1099 A. Factual Background. 1099 B. Procedural History. 1100 C. Before the Washington Supreme Court. 1100 III. History and Background. 1101 A. Washington Supreme Court and Racial Justice. 1101 B. Washington State and Racial Injustice by the Numbers. 1103 1. Stops. 1104 2.... |
2024 |
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| Jessica Yin |
ABDICATION OF POWER: ARIZONA v. NAVAJO NATION AND JUDICIAL REFUSAL TO ENFORCE THE FEDERAL TRUST RELATIONSHIP |
99 Washington Law Review 1395 (December, 2024) |
Abstract: Over 150 years ago, the federal government signed a treaty promising the Navajo people a permanent home within the bounds of their ancestral homeland. To this day, that promise remains unfulfilled because the Navajo people face a severe water access crisis. When the Navajo Nation brought the United States to the Supreme Court to enforce... |
2024 |
|
| Kirsten Matoy Carlson |
ACCESS TO JUSTICE IN THE SHADOW OF COLONIALISM |
59 Harvard Civil Rights-Civil Liberties Law Review 69 (Spring, 2024) |
C1-2Table of Contents Introduction. 70 I. The Imposition and Insufficiency of Anglo-American Justice. 79 A. Settler Colonialism and the Imposition of Justice. 80 B. The Legacy of Settler Colonialism on Justice. 86 1. Impact on Tribal Governments. 87 2. Impact on Individual Natives. 93 II. Natives' Struggle for Access to Justice Under Settler... |
2024 |
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| Alejandro E. Camacho , Elizabeth Kronk Warner , Jason McLachlan , Nathan Kroeze |
ADAPTING CONSERVATION GOVERNANCE UNDER CLIMATE CHANGE: LESSONS FROM INDIAN COUNTRY |
110 Virginia Law Review 1549 (November, 2024) |
Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia. These disruptions raise existential threats not only to ecosystems but to Native communities. Yet no analysis has carefully explored how climate change is affecting the governance of tribal ecological lands. This... |
2024 |
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| Malinda L. Seymore |
ADOPTION AS SUBSTITUTE FOR ABORTION? |
95 University of Colorado Law Review 1089 (2024) |
In Dobbs v. Jackson Women's Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, [s]tates have increasingly adopted safe haven laws, which generally allow women to drop off babies anonymously. Second, a woman who puts her newborn... |
2024 |
|
| Gabriel J. Chin, Paul Finkelman |
AFTERWORD: A REPLY TO COMMENTATORS |
65 William and Mary Law Review 1197 (April, 2024) |
We are extremely grateful to the distinguished scholars who have written reflections on the issues raised by our article; they, as well as other attendees at a symposium at the University of California, Davis School of Law asked helpful questions and offered challenging comments to which we now respond. When contending that the Framers envisioned... |
2024 |
|
| James H. Stitt |
AGAINST THE CURRENT: CHARTING A NEW COURSE FOR HUMAN RIGHTS IN SUSTAINABLE FISHERIES MANAGEMENT |
7 Cardozo International & Comparative Law Review 305 (Winter, 2024) |
I. Introduction. 306 II. Small- and Large-Scale Fisheries: Sustainability Considerations. 311 A. Small-Scale Fisheries. 311 B. Large-Scale Fisheries. 314 C. Sustainability: Social, Economic, and Ecological Considerations. 316 III. International Regulatory Frameworks and Bodies for Fisheries Management. 319 A. United Nations Convention on the Law of... |
2024 |
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| Jack Jeffrey, Erik Gordon |
ALASKA'S ARM-OF-THE-TRIBE JURISPRUDENCE: ITO v. COPPER RIVER NATIVE ASSOCIATION AND ITS CONTRIBUTION TO A MORE UNIFORM SYSTEM OF JUSTICE IN AMERICA |
41 Alaska Law Review 267 (December, 2024) |
The Alaska Supreme Court recently overhauled its approach to arm-of-the-tribe SOVEREIGN immunity in Ito v. Copper River Native Association. The Court no longer utilizes financial insularity as a dispositive inquiry; instead, the Court has adopted a five-factor test that takes into account (1) the purpose of the entity's creation, (2) the method of... |
2024 |
Yes |
| Peri Buch |
ALL HANDS ON DECK: REVISING THE ABANDONED SHIPWRECK ACT OF 1987 |
16 Drexel Law Review 555 (2024) |
Our cultural consciousness is enamored by shipwrecks and cultural heritage submerged at the bottom of the sea. Submerged cultural heritage is not just fascinating, it encompasses incredibly important narratives of the past that inform our present. Not only does the Titanic remain in the depths of the ocean, so do warcraft and slave ships, ancient... |
2024 |
|
| Jedidiah J. Kroncke |
AN EMPIRE OF ANTI-DEMOCRACY: THE IMPERIAL LEGACIES OF AMERICAN TERRITORIAL LABOR |
99 Washington Law Review 1201 (December, 2024) |
Abstract: A great deal of recent attention has been given to acknowledging the full historical scope of American empire and its legal foundations. A recurrent focus of this attention has been the impact of the Insular Cases--a set of early twentieth century doctrines that legitimate American territorial acquisitions while denying their full... |
2024 |
|
| Julie Cavanaugh-Bill, PRESIDENT, STATE BAR OF NEVADA |
AN INTRODUCTION TO NEVADA'S TRIBES AND THE DYNAMICS OF TRIBAL LAW |
32-FEB Nevada Lawyer 4 (February, 2024) |
This issue of Nevada Lawyer explores the makeup of tribal law across the state of Nevada, touches briefly on federal Indian law - in particular the Indian Child Welfare Act and tribal SOVEREIGNty - and hopefully introduces many of you to the amazing cultural and historical backdrop of the lands we now call Nevada. These topics are very near and... |
2024 |
Yes |
| Danielle N. Malaty |
AN OVERVIEW OF THE RAPIDLY CHANGING LEGAL LANDSCAPE FOLLOWING THE FTC'S NONCOMPETE BAN |
53-SUM Brief 46 (Summer, 2024) |
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule to promote competition by banning noncompetition agreements, or noncompetes, nationwide, consistent with its stated intention of safeguarding the fundamental freedom of workers to change jobs, promoting innovation, and encouraging new business formation. When asked to comment... |
2024 |
|
| Caitlin Hodges |
ARIZONA v. NAVAJO NATION |
91 Tennessee Law Review 527 (Winter, 2024) |
I. Introduction. 527 II. Issue. 528 III. The History Between the United States and the Navajo Nation. 528 IV. Analysis of Arizona v. Navajo Nation. 529 V. Implications of Arizona v. Navajo Nation. 535 Conclusion. 536 |
2024 |
|
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
|
| Katherine Hanson |
ARIZONA v. NAVAJO NATION AND THE FIGHT FOR NATURAL RESOURCES IN INDIAN COUNTRY |
30 UC Law Environmental Journal 151 (May, 2024) |
Water in the American southwest is fiercely fought over. The Colorado River, a primary water source in the region, has produced volumes of litigation, such that it has come to be known as the Law of the River. With states, tribes, individuals, and the federal government all vying for water, not all will succeed. The Article begins by discussing... |
2024 |
|
| Holly Barrass |
ARIZONA v. NAVAJO NATION: A PERSISTENT LEGACY OF BROKEN PROMISES |
102 Denver Law Review Forum 1 (2024) |
The story of the Navajo Nation is one of broken promises. When the Diné people signed a treaty with the United States in 1868, they were promised a permanent home in their ancestral homelands with adequate resources to sustain the Nation. Today, the Navajo Nation is still waiting for enough water to sustain life on the reservation. The average Diné... |
2024 |
|
| Grant Christensen |
ARTICLE III AND INDIAN TRIBES |
108 Minnesota Law Review 1789 (April, 2024) |
Among the most basic principles of our federal courts is that they are courts of limited jurisdiction, exercising only those powers delegated to them in Article III. In 1985 the Supreme Court inexplicably created an exception to this constitutional tenet and unilaterally declared a plenary judicial power to review the exercise of an Indian tribe's... |
2024 |
|
| Michael Fakhri, University of Oregon School of Law |
AT THE MARGINS OF GLOBALIZATION: INDIGENOUS PEOPLES AND INTERNATIONAL ECONOMIC LAW. BY SERGIO PUIG. CAMBRIDGE, UK: CAMBRIDGE UNIVERSITY PRESS, 2021. PP. XIV, 148. INDEX |
118 American Journal of International Law 212 (January, 2024) |
How does one defend globalization while facing the aftermath of the COVID-19 pandemic that entrenched historic degrees of inequality within and between countries? Sergio Puig's recent book, At the Margins of Globalization: Indigenous Peoples and International Economic Law, sets out to do just that with a focus on Indigenous peoples' interests as... |
2024 |
|
| Carrie Field, Sarah Price, A.C. Locklear |
BARRIERS AND OPPORTUNITIES FOR TRIBAL ACCESS TO PUBLIC HEALTH DATA TO ADVANCE HEALTH EQUITY |
52 Journal of Law, Medicine & Ethics 39 (Spring, 2024) |
Keywords: Tribal SOVEREIGNty, Public Health Authority, American Indian and Alaskan Native Health, Data Sharing, Electronic Case Reporting Abstract: Public health authorities (PHAs), including Tribal nations, have the right and responsibility to protect and promote the health of their citizens. Although Tribal nations have the same need and legal... |
2024 |
Yes |
| Maria Regina Martinez |
BATOK IN THE EAST, ALOHA IN THE WEST: INTELLECTUAL PROPERTY PROTECTIONS OF INDIGENOUS PEOPLES IN THE PHILIPPINES AND THE UNITED STATES |
58 University of San Francisco Law Review 541 (2024) |
Apo Whang-Od is a 106-year-old mambabatok, or traditional tattoo artist, from the Philippines. Hailing from the remote village of Buscalan, she is the oldest member of the Kalinga indigenous group to practice batok, the ancient art of hand-tapped tattoos, which showcases the group's sacred symbols. Though she lives in a small village in the... |
2024 |
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| Dan Lewerenz |
BE A GOOD FRIEND: TIPS FOR EFFECTIVE AMICUS BRIEFING |
97-JUN Wisconsin Lawyer 38 (June, 2024) |
Amicus practice, on the rise generally, is particularly common in federal Indian law cases. Here are examples from recent cases to demonstrate some of the more nuanced elements of strategic amicus practice (beyond the basics: know the rules, keep it brief, don't duplicate, and don't wait until the last minute). The call came on a weekend, from a... |
2024 |
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| George Carlo L. Clark |
BELONGING AND THE RIGHT TO BELONG |
41 Wisconsin International Law Journal 187 (Winter, 2024) |
An American Indian should be able to freely enter the United States from Canada and settle in the country. Although the Jay Treaty recognized this right as early as 1794, the legality of such passage is consumed by a quagmire of immigration law, federal bureaucracy, and underdeveloped legal regimes. The Supreme Court of Canada, however, recently... |
2024 |
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| Smita Narula |
BEYOND REFORM: FOOD SOVEREIGNTY AND THE FUTURE OF GLOBAL FOOD SYSTEMS |
31 Indiana Journal of Global Legal Studies 141 (Summer, 2024) |
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food SOVEREIGNty movements are charting a normative path in international human... |
2024 |
Yes |
| Salomé A. Rivera |
BEYOND STATUTORY TANGO: NATIVE AMERICAN TRIBES' ACCESS TO BANKRUPTCY RELIEF AFTER LAC DU FLAMBEAU |
99 Tulane Law Review 397 (December, 2024) |
I. Introduction. 398 II. Unpacking Uncertainty: Tribal SOVEREIGN Immunity in Bankruptcy Proceedings. 401 A. The Impact of Federal Legislation on Native American Economic Development. 401 B. State and Tribal SOVEREIGN Immunity: Are They the Same?. 403 C. The Code's Uncertain Treatment of Native American Tribes Requires State Intervention. 407 III.... |
2024 |
Yes |
| Shaadie Ali |
BREAKING GROUND: UNDERSTANDING INDIGENOUS MINING DISPUTES THROUGH NEGOTIATION THEORY |
25 Minnesota Journal of Law, Science & Technology 221 (5/10/2024) |
In early 2023, tribes and conservationists in Nevada urged the 9th Circuit Court of Appeals to overturn the District Court's decision to allow the operation plan for the Thacker Pass lithium mine to proceed. While tribes and conservationists are no strangers to mining disputes, Thacker Pass marks a significant development in mining conflict because... |
2024 |
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| Valentina Vadi |
BRIDGING THE GAP: PUBLIC HEALTH IN INTERNATIONAL INVESTMENT AGREEMENTS |
57 International Lawyer 449 (2024) |
Does public health play a significant role in contemporary international investment law? While public health is a core element of state SOVEREIGNty, economic globalization can both enhance and challenge global health governance. On the one hand, the increase in global trade and Foreign Direct Investment (hereinafter FDI) can foster the... |
2024 |
Yes |
| Carol Mayo Cochran |
BUILDING A STRONG AND DIVERSE WORKFORCE? CONSIDER INDIAN PREFERENCE, IN THE PRIVATE SECTOR |
45 Mitchell Hamline Law Journal of Public Policy and Practice 74 (Spring, 2024) |
I. Introduction. 77 A. Indian Preference is Constitutional. 78 B. Indian Preference Supports Strong Workforces and Self Governance. 80 C. Indian Preference Facilitates Tribal SelfDetermination. 81 D. Indian Preference May Be Exercised by both Indian Tribes and Private Employers. 82 II. A Historical Perspective On Indian Preference. 84 A. Federal... |
2024 |
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| Adam Crepelle |
CAN TRIBES GET A RECEIPT?: SEEKING TRANSPARENCY FOR STATE SPENDING OF TRIBAL TAX DOLLARS |
66 Arizona Law Review 977 (Winter 2024) |
Each year states collect hundreds of millions of dollars in tax revenue from Indian country. While tribes view state taxation as an infringement upon their SOVEREIGNty, state taxation presents another issue. That is, states take the tribal tax dollars and spend the money outside of Indian country. Meanwhile, Indian country's infrastructure is... |
2024 |
Yes |
| Daniel Cornelius, Steph Tai |
CAN WE SAVE OUR FOODWAYS? THE INFLATION REDUCTION ACT, CLIMATE CHANGE, AND FOOD JUSTICE |
133 Yale Law Journal Forum 1053 (4/17/2024) |
abstract. This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience. Farmers,... |
2024 |
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| Andrew C. Emrich , Elisabeth Takeuchi , Tara Righetti |
CCS IN THE CHECKERBOARD WEST: LESSONS ON HOW TO MOVE WITH THE FEDERAL GOVERNMENT ON THE BOARD |
24 Wyoming Law Review 237 (2024) |
I. Introduction. 239 II. Obtaining an Authorization to Sequester CO2 on Federal Lands. 243 A. Introduction. 243 B. Competitive vs. Non-Competitive Pore Space ROW Grants. 245 1. BLM. 245 2. Forest Service. 247 C. Forms for ROW Applications. 249 1. BLM. 249 2. Forest Service. 250 D. Acceptance of Special Use Application. 255 E. Valuation. 256 1. BLM.... |
2024 |
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| Siegfried Wiessner |
CELEBRATING MICHAEL REISMAN: THE INNER WORLDS OF OTHERS - A GUIDING LIGHT FOR INDIGENOUS RE-EMPOWERMENT |
19 Intercultural Human Rights Law Review 1 (2024) |
Michael Reisman is a beacon of light in the firmament of international law and jurisprudence. His retirement from his faculty position at the Yale Law School affords a welcome occasion to celebrate his work in the quest for a world public order of human dignity. Michael is the cherished leader of the New Haven School of Jurisprudence, an... |
2024 |
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| Angela R. Riley, Suzette Malveaux |
CHIEF JUSTICE ANGELA R. RILEY AND PROFESSOR SUZETTE MALVEAUX IN CONVERSATION AT THE ELEVENTH ANNUAL JOHN PAUL STEVENS LECTURE: THE THIRD SOVEREIGN: TRIBAL COURTS AND INDIAN COUNTRY JUSTICE |
59 Harvard Civil Rights-Civil Liberties Law Review 1 (Spring, 2024) |
The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado-Boulder's Law School is a premier research and programming institution aiming to facilitate informed and engaged scholarship and dialogue on constitutional law. As part of this effort, it hosts the annual John Paul Stevens Lecture, named after the... |
2024 |
Yes |
| Evelyn Marcelina Rangel-Medina |
CITIZENISM: RACIALIZED DISCRIMINATION BY DESIGN |
104 Boston University Law Review 831 (April, 2024) |
This Article advances the conceptual framework of citizenism to describe how citizenship is mobilized and weaponized to sustain structural racism. Citizenism transcends formal citizenship status because the construction of whiteness underwrites it as the only presumptively legitimate racial category for citizenship. A focus on citizenism provides... |
2024 |
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| Barry E. Hill, Emily Bergeron |
CLIMATE JUSTICE LITIGATION IN THE UNITED STATES--A PRIMER |
54 Environmental Law Reporter (ELI) 10307 (April, 2024) |
Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt... |
2024 |
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| Emmanuel Hiram Arnaud |
COLONIZING BY CONTRACT |
124 Columbia Law Review 2239 (December, 2024) |
Since 1898, Puerto Rico has been a territory of the United States, meaning that Congress wields plenary power over the Island. Although scholars have highlighted the history and some modern manifestations of this power, conversations about how plenary power affects the territories have largely ignored constitutional criminal procedure. This Article... |
2024 |
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| Jeremiah A. Ho |
COLONIZING QUEERNESS |
95 University of Colorado Law Review 889 (2024) |
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or... |
2024 |
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| Chris Chambers Goodman |
COLORBLIND AND COLOR MUTE: WORDS UNSPOKEN IN U.S. SUPREME COURT ORAL ARGUMENTS |
30 Washington and Lee Journal of Civil Rights and Social Justice 169 (Spring, 2024) |
The U.S. Supreme Court holds oral arguments on 70 to 80 cases each year, with fewer than a dozen most years involving issues around race or ethnicity. When the salience of race is clear, Supreme Court observers would expect to hear racial terms used in the arguments by counsel, as well as in the Justice's questions. Surprisingly, this research... |
2024 |
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| Luke Nottage, Robert Stendel |
CONCURRENT INVESTOR-STATE CLAIMS BEFORE DOMESTIC COURTS AND INVESTMENT TREATY ARBITRATION TRIBUNALS: PHILIP MORRIS, VATTENFALL AND BEYOND |
64 Virginia Journal of International Law 475 (Spring, 2024) |
When a host state discriminates or otherwise treats a foreign investor illegally, under substantive commitments made (usually nowadays under an investment treaty concluded with the investor's home state), the investor not infrequently brings an investor-state dispute settlement (ISDS) arbitration claim against the host state. What does or should... |
2024 |
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