| Author | Title | Citation | Summary | Year | Key Terms |
| Riccardo Vecellio Segate |
SHIFTING PRIVACY RIGHTS FROM THE INDIVIDUAL TO THE GROUP: A RE-ADAPTATION OF ALGORITHMS REGULATION TO ADDRESS THE GESTALTIAN CONFIGURATION OF GROUPS |
8 Loyola University Chicago Journal of Regulatory Compliance 55 (Spring, 2022) |
Engineers have long demonstrated that anonymizing bulk data is insufficient a condition for ensuring that specific individuals are not isolated and re-identified out of broader amounts of data and metadata. However, this approach still focuses on the most traditional conception of privacy, rooted in the individual as sovereign over their own... |
2022 |
Yes |
| Haley Stewart |
SOVEREIGNS OF NO TERRITORY: ALASKA NATIVES, ANCSA, AND TRIBAL SELF-DETERMINATION |
12 Arizona Journal of Environmental Law & Policy 247 (Summer, 2022) |
This Note examines Alaska Native systems of private land ownership as imposed through the Alaska Native Claims Settlement Act (ANCSA) and evaluates existing and potential alternatives in the interest of self-determination, sovereignty, and land ownership. ANCSA was passed in 1971 to resolve conflicts over the land in Alaska, and it established a... |
2022 |
Yes |
| Anupam Chander , Haochen Sun |
SOVEREIGNTY 2.0 |
55 Vanderbilt Journal of Transnational Law 283 (March, 2022) |
Digital sovereignty--the exercise of control over the internet--is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they... |
2022 |
Yes |
| Sam Erman |
STATUS MANIPULATION AND SPECTRAL SOVEREIGNS |
53 Columbia Human Rights Law Review 813 (Spring, 2022) |
This Essay examines how empire invisibly perpetuates itself through status manipulation. Status refers to formal polity-person and polity-place relationships, perceived to be well-defined, pre-established, unchanging, and consequential. Such relationships are envisioned as automatically creating rights and powers, as well as obligations,... |
2022 |
Yes |
| Isabella Zink |
STORM WARNING: NEW ZEALAND'S TREATMENT OF "CLIMATE REFUGEE" CLAIMS AS A VIOLATION OF INTERNATIONAL LAW |
37 American University International Law Review 441 (2022) |
I. INTRODUCTION. 442 II. BACKGROUND. 445 A. Effects of slow-onset climate change on Pacific Island atoll nations. 445 B. Government mitigation plans for climate change affecting Pacific Island atoll nations. 447 C. Protections offered to climate refugees under current international legal frameworks. 449 D. New Zealand's domestic immigration and... |
2022 |
Yes |
| Jon W. Katchen , Nicholas Ostrovsky |
STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY |
39 Alaska Law Review 1 (June, 2022) |
The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... |
2022 |
Yes |
| Elizabeth Hidalgo |
SUPPORTING NATIVE AMERICAN COMMUNITIES DURING THE CORONAVIRUS PANDEMIC: CHECKPOINTS, TRIBAL SOVEREIGNTY, AND THE IMPLICATIONS OF MCGIRT v. OKLAHOMA |
21 Houston Journal of Health Law & Policy 449 (2022) |
Introduction. 451 I. Overview of the COVID-19 Pandemic in South Dakota. 455 A. Cheyenne River Sioux Tribe's Pandemic Response. 457 1. Preparations. 457 2. Basis for Heightened Concern. 457 B. Checkpoint Implementation and Controversy. 458 II. Impact on Native American Communities. 462 A. Impact on the Cheyenne River Sioux Tribe. 462 B. Crisis in... |
2022 |
Yes |
| Emily Reevesiginal |
TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND |
52 California Western International Law Journal 615 (Spring, 2022) |
C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... |
2022 |
Yes |
| Alex Tallchief Skibine |
TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION |
55 University of Michigan Journal of Law Reform 267 (Winter, 2022) |
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... |
2022 |
Yes |
| Thomas F. McInerney |
THE EMERGENCE OF INTELLIGENT TREATY SYSTEMS AND THE FUTURE OF INTERNATIONAL LAW |
2022 University of Illinois Journal of Law, Technology and Policy 259 (Fall, 2022) |
Ensuring that multilateral regulatory treaties fulfill their stated purposes is important to solving many intractable global problems. Despite immense challenges, the prospects for achieving these aims have improved in recent years with the emergence of what I term Intelligent Treaty Systems (ITS). I define ITS to include five core capacities... |
2022 |
Yes |
| Connor Marcum |
THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE |
29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) |
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... |
2022 |
Yes |
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
Yes |
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Yes |
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
Yes |
| David E. Spencer |
THE OECD DRAFT MODEL RULES FOR NEXUS AND REVENUE SOURCING: INTANGIBLE PROPERTY |
33 Journal of International Taxation 32 (September, 2022) |
The OECD Draft Model Rules for Nexus and Revenue Sourcing (Model Rules for Nexus and Revenue Sourcing) cover Intangible Property. But the treatment in those Model Rules of income from Intangible Property is related to other proposals to modify the treatment of Intellectual Property for other purposes, as discussed below. Therefore, the... |
2022 |
Yes |
| Ari Spitzer |
THE PERSONAL QUESTION DOCTRINE |
14 Northeastern University Law Review 549 (June, 2022) |
Introduction I. Evolution of Popular Sovereignty A. Creation Myth B. Chisholm Prelude C. Reinvention of Popular Sovereignty as a Structural Principle--Federalism D. A Spectacular Failure: Civil War E. Consigned to Desuetude F. Conservatives Revive our Popular Sovereignty 1. Dual Sovereignty 2. Anti-Commandeering 3. Sovereign Immunity 4. Equal... |
2022 |
Yes |
| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
Yes |
| Yanay Israeli |
THE REQUERIMIENTO IN THE OLD WORLD: MAKING DEMANDS AND KEEPING RECORDS IN THE LEGAL CULTURE OF LATE MEDIEVAL CASTILE |
40 Law and History Review 37 (February, 2022) |
The requerimiento (requirement) was among the most famous legal instruments of Spanish colonization in the Americas, a legal ritual of conquest designed to both assert and legitimate rule over others. Upon first contact with indigenous groups, invading parties would read a written statement asserting Spanish sovereignty over the islands and... |
2022 |
Yes |
| Adam Crepelle |
THE RESERVATION AND THE RULE OF LAW |
70 Louisiana Bar Journal 192 (October/November, 2022) |
The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... |
2022 |
Yes |
| Clare J. Soria |
THE ROLE OF THE LAW IN NATIVE SOVEREIGNTY: A COMPARISON OF CANADIAN AND AMERICAN APPROACHES TO SOVEREIGNTY |
46 Canada-United States Law Journal 253 (2022) |
C1-2Table of Contents Abstract. 254 I. Introduction. 254 II. What Sovereignty Means to Natives and the Contemporary Landback Movement. 255 a. Preservation of Culture, Autonomy and Freedom. 255 b. The Landback Movement Today. 256 III. Canada and the United States: A Fundamentally Different Legal Approach to Establishing Sovereignty - Comparison of... |
2022 |
Yes |
| Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
Yes |
| Heather J. Tanana, Elisabeth Paxton Parker |
THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS |
37-FALL Natural Resources & Environment 12 (Fall, 2022) |
When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... |
2022 |
Yes |
| William J. Aceves |
THE WATTS GANG TREATY: HIDDEN HISTORY AND THE POWER OF SOCIAL MOVEMENTS |
57 Harvard Civil Rights-Civil Liberties Law Review 115 (Summer, 2022) |
On the eve of the 1992 Los Angeles uprising, a small group of gang leaders and community activists drafted an agreement to curtail violence in south Los Angeles. Several gangs in Watts accepted the truce and established a cease-fire agreement. By most accounts, the 1992 Watts Gang Treaty succeeded in reducing gang violence in Los Angeles. Local... |
2022 |
Yes |
| John W. Davis |
TOM HORN, CATTLE KATE, AND LAW AND ORDER IN EARLY WYOMING |
45-OCT Wyoming Lawyer 38 (October, 2022) |
In early Wyoming, the territory and then the state suffered from profound problems with law and order. Lawyers and judges, more than any other groups, finally established and enforced rules stopping widespread lawlessness in the Cowboy State. This resort to violence had deep historical predicates. A good place to start is the Fort Laramie Treaty of... |
2022 |
Yes |
| Aila Hoss |
TOWARD TRIBAL HEALTH SOVEREIGNTY |
2022 Wisconsin Law Review 413 (2022) |
Introduction. 413 I. Tribal Sovereignty and Federal Indian Law. 416 II. Tribal Inherent Public Health Authority. 418 III. Indian Health Systems. 421 IV. Federal Indian Health Reform. 426 A. Health Reform Generally. 427 B. Amend 25 U.S.C. §231. 431 C. Ensure Tribal Public Health Data Access and Governance. 435 D. Reform Tribal Medicaid Policies. 437... |
2022 |
Yes |
| Kirsten D. Gerbatsch |
TREATY-BASED CLIMATE CHANGE CLAIMS: LITIGATION PATHWAYS IN THE FACE OF CULTURAL DEVASTATION |
45 Public Land & Resources Law Review 155 (2022) |
My ancestor . who signed the treaty . accepted the word of the United States--that this treaty would protect not only the Indian way of life for those then living, but also for all generations yet unborn. --Jerry Meninick, Citizen of the Yakama Nation I. Introduction. 156 II. Climate Change: Tribes' Unique Standing Includes Threats, Connections,... |
2022 |
Yes |
| Michael C. Blumm , Lizzy Pennock |
TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT |
33 Colorado Environmental Law Journal 1 (Winter, 2022) |
One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... |
2022 |
Yes |
| |
TRIBAL SOVEREIGN IMMUNITY: WHAT IS IT, AND WHAT ARE ITS LIMITATIONS? |
47-JUL Montana Lawyer 14 (June/July, 2022) |
This month, Kathryn Seaton (KS), Montana Legal Services Association, and Jessie Big Knife (JBK), Chippewa Cree Tribal Attorney, discuss the ins and outs of tribal sovereign immunity. KS: Before we dive into a discussion on tribal sovereign immunity, let's start with the concept of sovereignty. What is sovereignty? What is its relationship and... |
2022 |
Yes |
| Robert J. Miller |
TRIBAL SOVEREIGNTY AND ECONOMIC EFFICIENCY versus THE COURTS |
97 Washington Law Review 775 (October, 2022) |
Abstract: American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing... |
2022 |
Yes |
| Clare Holtzman |
TRIBAL SOVEREIGNTY AND THE RIGHT TO LIFE |
32 Duke Journal of Comparative & International Law 467 (Spring, 2022) |
On August 26, 2020, the only Native American on federal death row, Lezmond Mitchell was executed by the federal government for the murder of two Navajo citizens on Navajo Nation land. Federal law typically gives Tribal Nations the right to determine whether the death penalty is used against their citizens for crimes committed between Tribal... |
2022 |
Yes |
| Kace Rodwell , Michael Colbert Smith , Stephanie Hudson |
TRIBUTES TO STEVE HAGER |
46 American Indian Law Review 337 (2022) |
I first met Steve Hager at Sovereignty Symposium when he was presenting on the Indian Child Welfare Act (ICWA) for the Juvenile Law panel. I was just a 1L law student then, inspired by his passion for advocating for Tribal families and enforcing laws enacted to protect them. I knew then that I wanted to work alongside Steve and would later get that... |
2022 |
Yes |
| Peter Niesen |
TWO CHEERS FOR LOST SOVEREIGNTY REFERENDUMS: CAMPAIGNS FOR INDEPENDENCE AND THE POUVOIR CONSTITUANT MIXTE |
23 German Law Journal 44 (February, 2022) |
(Received 08 May 2021; accepted 23 August 2021) In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities... |
2022 |
Yes |
| Matthew L.M. Fletcher |
UNCOMFORTABLE TRUTHS ABOUT SOVEREIGNTY AND WEALTH |
27 Roger Williams University Law Review 288 (Spring, 2022) |
In 2007 my brother, Zeke Fletcher, represented the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). He observed a public meeting in Whitewater Township, Grand Traverse County, Michigan. The meeting was concerned with the Department of the Interior's planned acquisition of lands in trust for GTB's benefit in an area where the tribe already... |
2022 |
Yes |
| David P. Stewart , Diana A. A. Reisman |
WHO THINKS TREATIES ARE LIKE CONTRACTS? NOT JOHN MARSHALL |
37 American University International Law Review 945 (2022) |
I. INTRODUCTION. 946 II. WHY TREATIES ARE NOT LIKE CONTRACTS TODAY. 950 A. Differences in Nature and Purpose. 951 B. Substantive Rules and Principles. 958 i. Competence, Formation, and Validity. 959 ii. Third Parties. 962 iii. Non-Performance or Breach. 963 C. Rules and Methods of Interpretation. 970 i. Basic Rule. 973 ii. Negotiating History vs.... |
2022 |
Yes |
| Lorenzo E. Gudino |
WHO, WHAT, WHERE, AND HOW: THE FUNDAMENTAL ELEMENTS FOR CONTRACTS IMPLICATING TRIBAL SOVEREIGN IMMUNITY |
2022 Wisconsin Law Review 239 (2022) |
Introduction. 239 I. Tribal Sovereign Immunity's Doctrinal Underpinnings in the Commercial Context. 243 II. Waiver Jurisprudence. 247 III. Model Elements of Tribal Sovereign Immunity Contract Provisions. 250 A. Who Is Immune?. 251 B. What Is the Tribe Waiving or Not Waiving?. 255 C. Where Will Dispute Resolution Occur?. 257 D. How Will Enforcement... |
2022 |
Yes |
| Mengyun Ma |
WORKFORCE EQUALITY: THE CONSTITUTIONAL CONCEPTION OF EDUCATIONAL EQUALITY IN MAO-ERA CHINA |
17 University of Pennsylvania Asian Law Review 283 (2022) |
Introduction. 283 I. The Goal of Industrialization in the Constitutional Vision. 292 II. Conceiving Workforce Equality: Empowering Workers Through Education. 298 A. Popularizing Education for the Masses. 301 B. Combining Education with Industrial Production. 311 III. Whither Equality: Bridging the Gap Between Education and Employment. 319... |
2022 |
Yes |
| |
YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS |
136 Harvard Law Review 490 (November, 2022) |
It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... |
2022 |
Yes |
| Amanda Frost |
"BY ACCIDENT OF BIRTH": THE BATTLE OVER BIRTHRIGHT CITIZENSHIP AFTER UNITED STATES v. WONG KIM ARK |
32 Yale Journal of Law & the Humanities 38 (Summer, 2021) |
In theory, birthright citizenship has been well established in U.S. law since 1898, when the Supreme Court held in United States v. Wong Kim Ark that all born on U.S. soil are U.S. citizens. The experience of immigrants and their families over the last 120 years tells a different story, however. This article draws on government records documenting... |
2021 |
Yes |
| Heather D. Schafroth |
"CUI BONO FUISSET": COORDINATING U.S. TAX STATUES WITH U.S. TAX TREATIES |
40 Virginia Tax Review 371 (Winter, 2021) |
When attempting to resolve a potential conflict between a U.S. tax statute and a U.S. tax treaty provision, how much should it matter whether the statue was enacted before or after the ratification of the treaty? Examining the history of the later-in-time rule and related principles used in coordinating treaties and statutes suggests that the... |
2021 |
Yes |
| George Dylan Boan |
"SAY THE MAGIC WORDS": HOW SOVEREIGN IMMUNITY ABSOLVES THE FEDERAL GOVERNMENT FROM ITS OBLIGATIONS UNDER THE FAIR CREDIT REPORTING ACT |
99 North Carolina Law Review 1617 (September, 2021) |
In the many decades following World War II, America has become a country run on credit. Hardly a day passes in which the average citizen has not been offered a new credit card, loan, or opportunity to refinance their existing debt. Underpinning it all is a vast credit ecosystem processing incredible amounts of data. When Congress passed the Fair... |
2021 |
Yes |
| Edward C. Beach, Jr. |
"THE GOOD OF EACH OF THE PARTS": A COLLECTIVE ACTION UNDERSTANDING OF THE TREATY CLAUSE |
16 Duke Journal of Constitutional Law & Public Policy 279 (Spring, 2021) |
Article II, Section 2 of the Constitution gives the President the power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. The Supremacy Clause gives treaties--like federal statutes--the status of supreme law in the constitutional system. But the process for concluding treaties... |
2021 |
Yes |
| Noelia Gravotta |
A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION |
29 New York University Environmental Law Journal 118 (2021) |
Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... |
2021 |
Yes |
| Henan Hu |
A PHILOSOPHICAL INQUIRY INTO THE CONCEPT OF TERRITORIAL SOVEREIGNTY: A NEW ANALYTICAL FRAMEWORK OF THE TERRITORIAL DISPUTES IN THE CHINA SEAS |
4 Cardozo International & Comparative Law Review 463 (Winter, 2021) |
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial... |
2021 |
Yes |
| Josh Martin |
A TRANSNATIONAL LAW OF THE SEA |
21 Chicago Journal of International Law 419 (Winter, 2021) |
It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law--such as sovereign... |
2021 |
Yes |
| M. June Harris |
A VIEW FROM TRIBAL COURT |
57-AUG Arizona Attorney 14 (July/August, 2021) |
A trait shared by successful tribal court practitioners is their respect for tribal sovereignty. Whether working in private practice or working for a tribal government, these tribal court practitioners show their respect by knowing the tribal constitution, tribal law and tribal court procedure, and by showing awareness of tribal custom and... |
2021 |
Yes |
| Stacy Leeds , Lonnie Beard |
A WEALTH OF SOVEREIGN CHOICES: TAX IMPLICATIONS OF MCGIRT v. OKLAHOMA AND THE PROMISE OF TRIBAL ECONOMIC DEVELOPMENT |
56 Tulsa Law Review 417 (Spring, 2021) |
I. Introduction. 418 A. Overview of McGirt's Tax Implications for the Five Tribes and Oklahoma. 420 B. Possible Tax Impact for other Indigenous Nations. 422 C. Scope of This Article. 424 D. Summary of Technical Tax Issues Arising from McGirt. 424 II. States, Local Governments, and Tribes as Taxing Sovereigns. 424 A. An Overview. 424 B. Territorial... |
2021 |
Yes |
| Nicholas J. Diamond, Kabir A.N. Duggal |
ADDING NEW INGREDIENTS TO AN OLD RECIPE: DO ISDS REFORMS AND NEW INVESTMENT TREATIES SUPPORT HUMAN RIGHTS? |
53 Case Western Reserve Journal of International Law 117 (Spring, 2021) |
The investor-State dispute settlement (ISDS) system has been undergoing significant change along two fronts. First, multi-stakeholder efforts, primarily led by States via the United Nations Commission on International Trade Law (UNCITRAL), have recently been considering various largely procedural reform options. Second, international investment... |
2021 |
Yes |
| Will R. Gallagher |
ALLEN v. COOPER: RAISING THE FLAG OF SOVEREIGN IMMUNITY IN THE SHIFTING SEAS OF COPYRIGHT |
80 Maryland Law Review 1221 (2021) |
The expansion of maritime trade in the mid-1600s sparked the Golden Age of Piracy, when fearless privateers plundered the high seas for fame and fortune. One of the most infamous pirates of this era, Blackbeard, left plenty of both for the history books. As traditional piracy has faded from our shores, digital piracy has largely taken its place.... |
2021 |
Yes |
| Noelani Nasser |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
2021 |
Yes |
| Scott A. Carriere, University of Calgary |
ANDREW PHILLIPS AND J.C. SHARMAN, OUTSOURCING EMPIRE: HOW COMPANY-STATES MADE THE MODERN WORLD, PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP 272. $40.99 HARDCOVER (ISBN 9780691203515). DOI:10.1017/S0738248021000055 |
39 Law and History Review 211 (February, 2021) |
Andrew Phillips and J.C. Sharman have written a brilliant exposition of Company-States--corporate entities endowed with sovereign powers that ruled vast swathes of the globe throughout the seventeenth, eighteenth, and nineteenth centuries--and the impact that they had in shaping the nature of empire and its colonial legacy. Outsourcing Empire... |
2021 |
Yes |