AuthorTitleCitationSummaryYearKey Terms
Oagile Bethuel Key Dingake, Najla Hasic, Tomei Peppard, Stephen Hayden Appointment of Judges and the Threat to Judicial Independence: Case Studies from Botswana, Swaziland, South Africa, and Kenya 44 Southern Illinois University Law Journal 407 (Spring, 2020) I. BACKGROUND INFORMATION. 409 II. THE SOUTHERN AFRICAN CHIEF JUSTICES FORUM: THE LILONGWE PRINCIPLES AND GUIDELINES ON THE SELECTION AND APPOINTMENT OF JUDICIAL OFFICERS.. 412 A. The Commonwealth Context: the 2003 Latimer House Principles. 414 B. Latimer House Principle IV: Independence of the Judiciary. 415 C. The Role of a Judicial Appointments; Search Snippet: ...theories of judicial selection in various democracies). . Tom Tso, Indian Nations and the Human Right to an Independent Judiciary , 3 N.Y. City L. Rev. 105, 111 (1998) (noting international treaties that call for judicial independence to ensure fair proceedings: the... 2020  
  Argentine Congress Approves Bill Establishing New Tax Settlement Plan 31 Journal of International Taxation 06 (November, 2020) On 13 August 2020, Argentina's Congress approved a bill that would establish a new tax settlement plan for individuals and companies doing business in Argentina. The bill will be enacted once it is published in the Official Gazette. Taxpayersshould continue to monitor the release of further regulations by the Executive Power and the tax; Search Snippet: ...of the Indian tax authorities. Therefore, in cases where the Indian taxpayer receivesan order from the ITAT with respect to the... 2020  
Asli Ü. Bâli Artificial States and the Remapping of the Middle East 53 Vanderbilt Journal of Transnational Law 405 (March, 2020) This Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More; Search Snippet: ...in the struggle against the British following the 1920 Sèvres treaty and describing how Turkish military leaders exploited resentment of the British among Kurdish tribes to launch a Kurdish revolt against the British as part... 2020  
Charles A. Lyons Asian Carp, the Chicago Area Water System, and Aquatic Invasive Species Management in the Great Lakes 26 Hastings Environmental Law Journal 223 (Summer, 2020) Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it; Search Snippet: ...taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law. [FN59] Thus, the Lacey Act operates under a... 2020  
Margaret Joan Beazley Australia's Legal History and Colonial Legacy 48 International Journal of Legal Information Info. 6 (Spring, 2020) I acknowledge the Gadigal of the Eora Nation, the traditional owners of the land on which we gather. I pay my respects to their Elders, past, present, and emerging and especially welcome Aboriginal people here with us today. On February 7, 1788, on a place called Camp Cove in Port Jackson--recognizable to our international visitors as the land mass; Search Snippet: ...e.g., conference presentations including: Thalia Anthony, Colonial Legal Histories and Indigenous Sovereignty ; Terri Janke, Protecting Indigenous Cultural Property. . Captain Watkin Tench, A Narrative of the... 2020  
Cynthia Willis-Esqueda, Ph.D. Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias 67 UCLA Law Review 1204 (November, 2020) Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it; Search Snippet: ...for U.S. citizenship following the annexation of Texas and the Treaty of Guadalupe Hidalgo); David Montejano, Anglos and Mexicans in the... 2020  
Lin Feng, Guy Charlton Balancing Biodiversity and Natural Resource Protection Objective with Ethnic Minority Autonomy: a Chinese Model 43 Fordham International Law Journal 561 (February, 2020) I. INTRODUCTION. 562 II. ETHNIC MINORITY GROUPS, NATURAL RESOURCE CONSERVATION, AND THE PROTECTION OF BIODIVERSITY. 566 III. NATIONAL AND LOCAL LEGISLATION, POLICIES, AND PRACTICES ON BIODIVERSITY CONSERVATION. 571 A. National Legislation and Policy on Biodiversity Conservation. 573 B. Regional and Local Legislation, Policy and Practice on; Search Snippet: ...aspects. Firstly, the hunting and gathering practices of ethnic minority/ indigenous groups in other jurisdictions have been recognized as part of... 2020  
Stephanie Ben-Ishai Bankruptcy for Cannabis Companies: Canada's Newest Export? 27 University of Miami International and Comparative Law Review 229 (Spring, 2020) I. Introduction. 229 II. Business Risks in Entering the Legal Cannabis Market:. 231 a. Oversaturation. 231 b. Regulatory Requirements & License Suspensions. 233 c. Litigation Risk. 236 d. Licensing. 239 III. Capital Markets Acceptance. 240 IV. Insolvency Processes and Challenges. 243 a. Overview. 243 b. Provincial Legislation. 244 c. Cannabis on; Search Snippet: ...consultation with First Nations communities and the increasing recognition of Indigenous sovereignty, the Senate Committee on Aboriginal Peoples recommended that the bill's... 2020  
Katie L. Gojevic Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act 68 Buffalo Law Review 247 (January, 2020) Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...both those opposed to ICWA and those who argued against Native American sovereignty in general, began to file lawsuits arguing that ICWA as... 2020  
Lorenzo Cotula Between Hope and Critique: Human Rights, Social Justice and Re-imagining International Law from the Bottom up 48 Georgia Journal of International and Comparative Law 473 (Winter, 2020) C1-3Table of Contents I. Introduction. 475 II. Human Rights and Social Justice: Anatomy of the Critique--and of Its Limits. 478 A. On Social Justice. 478 B. The Critique in Outline. 479 C. Human Rights in 3D. 482 D. Social Movements and Human Rights: Reactive and Constitutive Strategies. 484 III. Human Rights in Reactive Mode: The Right to; Search Snippet: ...affirmation of the right to properly in regional human rights treaties that, from a pragmatic viewpoint, made this right a relevant normative reference for indigenous peoples' strategies to protect their claims to land and resources... 2020  
Monte Mills Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights 50 Environmental Law 387 (Spring, 2020) Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... 2020 Yes
Christopher R. Rossi Blood, Water, and the Indus Waters Treaty 29 Minnesota Journal of International Law 103 (Summer, 2020) The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... 2020 Yes
Angela E. Washington Booming Impacts: Analyzing Bureau of Land Management Authority in Oil and Gas Leasing amid the Missing and Murdered Indigenous Women's Crisis 72 Administrative Law Review 719 (Fall, 2020) L1-2Introduction . L3720 I. Charging Toward a Dim Future: The Energy Dominance Campaign Compromises Safety to Native Women. 723 A. Extractive Industries and the Marginalization of Native Women. 723 B. A Tale of Two Agendas. 728 1. The Trump Administration's Energy and Economic Instigation Priorities. 728 2. Political Will to Address the Missing and; Search Snippet: ...and the courts have grappled with the meaning of the tribes' relationships to the federal government as it relates to land ownership and sovereignty. [FN48] Despite conflicting interpretations, three principles reflect why this is... 2020  
Stewart Chang Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair 42 University of Hawaii Law Review Rev. 4 (Spring, 2020) This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various; Search Snippet: ...fractured with time. Particularly in respect to the issue of native sovereignty and land rights, there are activists who are critical of... 2020  
D. A. Agyei Bridging the International Gap in the Protection of Folklore: Analysis of the Ghanaian Approach Against Comparative Experiences from Selected African Countries 28 Texas Intellectual Property Law Journal 393 (2020) I am deeply thankful to the University of Michigan African Presidential Scholar program, the African Studies Center and the SJD and Research scholars of the University of Michigan for their support and help thorough this research. I am also grateful to Professor Jessica Litman of the University of Michigan for her valuable comments on this article; Search Snippet: ...also Rosemary J. Coombe, Intellectual Property Human Property, Human Rights & Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity , 6 . Ind. J. Global... 2020  
Kathryn Kisska-Schulze , Corey Ciocchetti , Ralph Flick Case Baiting 57 American Business Law Journal 321 (Summer, 2020) In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law; Search Snippet: ...that a Washington state fuel tax imposed upon a particular Native American tribe violated an 1855 treaty between the two parties). Although some of the cases in... 2020  
  Case Summaries 50 Environmental Law 773 (Summer, 2020) The Pacific Coast Federation of Fishermen's Association, along with recreationists, biologists, and conservation organizations (collectively, Association), filed a citizens suit against the United States Bureau of Reclamation and the San Luis & Delta Mendota Water Authority (collectively, defendants), alleging that a drainage system managed by the; Search Snippet: ...Isaac Stevens, then Governor of the Washington Territory, negotiated eleven treaties with tribes in the area that would become Washington State. [FN145] In... 2020  
Deepa Das Acevedo, University of Alabama School of Law Changing the Subject of Sati 43 PoLAR: Political and Legal Anthropology Review 37 (May, 2020) Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae--her sari, her demeanor--and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of; Search Snippet: ...rights do the conventionally liberal-democratic work of affirming citizen sovereignty by limiting state action (Das Acevedo 2016, 556-57), others commit the state to actively reshaping how Indians treat one another (Austin [1999] 2008, 50). Article 15(2... 2020  
  Chapter Four Aloha 'Ina: Native Hawaiian Land Restitution 133 Harvard Law Review 2148 (April, 2020) When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more; Search Snippet: ...equity, because it was obtained under duress. [FN52] Finally, despite Native Hawaiians' petitions in opposition, [FN53] President McKinley signed the Newlands... 2020  
Symeon C. Symeonides Choice of Law in the American Courts in 2019: Thirty-third Annual Survey 68 American Journal of Comparative Law 235 (Summer, 2020) C1-2Table of Contents Introduction. 236 I. Supreme Court Decisions. 238 A. State Sovereign Immunity. 238 B. International Organization Immunity. 240 C. Other Supreme Court Cases. 241 II. Extraterritorial Reach of Federal Statutes. 242 A. Securities Acts. 243 B. Commodity Exchange Act. 244 C. Bankruptcy Code. 245 D. RICO. 246 E. Torture Victim; Search Snippet: ...the Federal Arbitration Act, [FN31] two cases involved interpretation of treaties with Indian tribes, [FN32] five cases involved interpretation of federal statutes or delineation... 2020  
Ottavio Quirico Climate Change, Regionalism, and Universalism: Elegy for the Arctic and the Antarctic? 35 American University International Law Review 487 (2020) I. INTRODUCTION. 488 II. A LAND MASS SURROUNDED BY WATER: THE ANTARCTIC CIRCLE. 491 A. Frozen Customary Sovereign Claims. 491 B. The Potential of Climate Change to Unlock Sovereignty. 496 III. AN OCEAN SURROUNDED BY LAND: THE ARCTIC CIRCLE. 501 A. Effective Sovereign Claims under the Law of the Sea. 501 B. Expanding Sovereignty as a Consequence; Search Snippet: ...sovereign control). See Jessica Shadian, The Politics of Arctic Sovereignty: Oil, Ice and Inuit Governance , 187-88 (2014) (describing how the Arctic Council has failed to include traditional indigenous knowledge about climate change); see also Sheila Watt-Cloutier, The... 2020  
Lisset M. Pino Colonizing History: Rice V. Cayetano and the Fight for Native Hawaiian Self-determination 129 Yale Law Journal 2574 (June, 2020) Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to; Search Snippet: ...Maoli activism during the 1970s, and the higher proportion of indigenous Hawaiians elected as delegates, contemporary accounts suggest that Knaka Maoli sovereignty and land claims were not popularly recognized as one of... 2020  
Ryan M. Seidemann Colonizing the Dead: Former Colonial Nations' Treatment of Indigenous Peoples' Human Remains 72 Baylor Law Review 271 (Spring, 2020) I. Introduction. 271 II. Human Skeletal Remains Research: The Pros and Cons. 274 III. The United States and Human Remains Law, 2004-2019. 279 IV. South Africa and Human Remains Law, 2004-2019. 282 V. Australia and Human Remains Law, 2004-2019. 285 VI. New Zealand and Human Remains Law, 2004-2019. 288 VII. Canada and Human Remains Law, 2004-2019; Search Snippet: ...any museum to affiliated Maori groups. Oddly, while many historic treaties are known for substantial adverse impacts on indigenous peoples, the 1840 Treaty of Waitangi provides a mechanism by which Maori may assert... 2020  
Jasmine B. Gonzales Rose Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too; Search Snippet: ...United States, [FN121] or even if a Chicanx's ancestors were indigenous to the Southwest prior to 1848 when the Treaty of Guadalupe Hidalgo made it part of the United States... 2020  
Carly Gillespie Columbus's Legacy: Trafficking of Native American Women in the 21st Century 71 South Carolina Law Review 685 (Spring, 2020) I. Introduction. 686 II. Background. 689 A. Statistics of Human Trafficking on Reservations, or Lack Thereof. 689 B. Categories of Intergenerational Trauma. 691 1. History of Oppression and Objectification. 691 2. Intergenerational Trauma. 695 C. Specific Vulnerabilities of Native Women. 696 D. Man Camps, Casinos, and Tourism. 698 III. Inadequacies; Search Snippet: ...become U.S. citizens until 1936. [FN82] In other states, however, Native Americans were not able to be citizens until the passage of the federal Indian Termination Act in 1953, which gave Native Americans full citizenship but effectively took away their sovereignty, land, and culture. [FN83] The mass genocide that Native Americans... 2020  
John Schelhas, Southern Research Station, U.S. Forest Service, Athens, Georgia Comment on "Race, Ethnicity, and Natural Resources in the United States: a Review" 57 Rocky Mountain Mineral Law Foundation Journal 267 (2020) Nearly 20 years after writing this review article on race, ethnicity, and natural resources, my first observation is that the literature is now so vast that it is difficult to even summarize recent developments. I will instead direct my comments mostly to key themes, a few examples from my experience, and my enthusiasm for integrative approaches; Search Snippet: ...that has received considerable attention in both research and action. Tribes have been empowered to represent and enact their unique natural resource interests and sovereignty through both broadening awareness and policy changes. These changes build... 2020  
Derigan Silver , Dan V. Kozlowski Communication Law and Policy Research in Non-law Peer-reviewed Journals, 2010-2019: Trends and Observations 25 Communication Law and Policy 293 (Summer, 2020) Started in 1995, Communication Law and Policy is a premier outlet for peer-reviewed research on communication law and policy. But what other outlets are there for research on communication law and policy topics? In particular, which non-law, peer-reviewed journals are publishing articles on communication law and policy? And what topics do these; Search Snippet: ...Mass Communication Monographs examined press freedom/freedom of expression and indigenous peoples, using rhetorical criticism to explore whether tribal journalists appeal... 2020  
Esmeralda Colombo, Anastasia Giadrossi Comparative International Litigation and Climate Change: a Case Study on Access to Justice in Adaptation Matters 81 University of Pittsburgh Law Review 527 (Spring, 2020) For the first time in the international climate regime, the Paris Agreement acknowledges the interconnection of climate action and human rights. In the aftermath of the 2019 Intergovernmental Panel on Climate Change (IPCC) Special Report on Climate Change and Land, the rights to food and to an adequate standard of living appear increasingly; Search Snippet: ...the indirect application of international law as applicable within the Indian legal order. Id. see also Nihal Jayawickrama, India in The Role of Domestic Courts in Treaty Enforcement: A Comparative Study 243, 246 (David Sloss ed., Cambridge... 2020  
Farah Peterson Constitutionalism in Unexpected Places 106 Virginia Law Review 559 (May, 2020) Before, during, and after the ratification of the Federal Constitution of 1787, Americans believed that they were governed under an unwritten constitution, a constitution that described an arrangement of power, confirmed ancient rights, and restricted government action. The existence of this unwritten constitution, and particularly its continuity,; Search Snippet: ...Violence is generated by this process Here, the objects are sovereignty over American soil, along with the claim to belonging or native status here, and authenticity as Americans, rather than Britons.... 2020  
Genevieve Frances Steel Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard 12 Elon Law Review 62 (2020) I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...Clause did not apply in the federal prosecution of an Indian defendant unless the source of his tribal prosecution was federal power); see also Tim Vollmann, Criminal Jurisdiction in Indian Country: Tribal Sovereignty and Defendants' Rights in Conflict , 22 U. Kan. L. Rev... 2020  
Kate Ricart Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty 44 American Indian Law Review 369 (2020) Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... 2020 Yes
Steven Arrigg Koh Core Criminal Procedure 105 Minnesota Law Review 251 (November, 2020) Introduction. 252 I. Cross-Sovereign Criminal Procedural Line Drawing: Two Approaches. 258 A. The Core Criminal Procedure Approach. 261 1. Incorporation of the Bill of Rights. 261 2. International Human Rights with Criminal Procedural Guarantees. 265 3. Electronic Evidence. 269 B. The Outlier Approach. 270 1. Evidence Material to Conviction. 271 2; Search Snippet: ...U.S. government? see also Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... 2020  
Michael D. Ramsey Courts and Foreign Affairs: "Their Historic Role": Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.s. Foreign Affairs. Martin S. Flaherty. Princeton: Princeton University Press, 2019. Pp. Xiv + 325. $35.00 (Hardcover) 35 Constitutional Commentary 173 (Summer, 2020) In a November 2019 address to the Federalist Society's National Lawyers Convention, U.S. Attorney General William Barr declared (among other things) that U.S. courts have taken on too great a supervisory role over the President, especially in foreign affairs. Coincidentally, a book published two months earlier argued the exact opposite. In; Search Snippet: ...or ended; whether the United States continued to have a treaty with a foreign country; and whether a certain group of Native Americans constituted a tribe. Although jurists and scholars in that era often described these... 2020  
Hannah Gordon Cowboys and Indians: Settler Colonialism and the Dog Whistle in U.s. Immigration Policy 74 University of Miami Law Review 520 (Winter, 2020) The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from; Search Snippet: ...is the justification for genocide writ large. [FN48] The very sovereignty of the United States is based upon the hypothesis that... 2020  
Christine Y. LeBel Coyote Imitates Mountain Lion: a Tribute (And Thank You) to Dean Suagee 34-WTR Natural Resources & Environment Env't 2 (Winter, 2020) Dear Mr. Suagee, the letter read. Thank you for speaking with me this morning about the complexities of environmental justice, Indian tribes, and Superfund. It was 1993. I was still a law student, working on environmental justice issues during a D.C. internship. Some wise soul--I don't recall who--had referred me to Dean Suagee as a recognized; Search Snippet: ...was a great friend to many, in particular the many tribes he tirelessly helped to build environmental and cultural-resource regulatory... 2020  
Katherine Belzowski , Lilian L. Schwales Cracking the Code 56-AUG Arizona Attorney 48 (July/August, 2020) Business owners interested in operating on the Navajo Nation (Nation) must contend with the unique challenges of on-Nation business leasing. For most, talk about trust land, tribal jurisdiction and tribal council is enough toOO make them turn around, take their business and run. Business owners do not want to have to be experts in federal Indian; Search Snippet: ...was being endowed with title by virtue of discovery, the Indian nations that occupied the land were divested of their rights to complete sovereignty as independent nations. [FN2] The Indians nation's power to dispose... 2020  
Mehrsa Baradaran Credit, Morality, and the Small-dollar Loan 55 Harvard Civil Rights-Civil Liberties Law Review 63 (Winter, 2020) Modern jurisprudence and regulation of small-dollar lending is centered on a consumer protection framework. State and federal agencies and regulators monitor lender behavior, policing fraudulent activity, lack of disclosure, or predation. However, for most of American history, the relevant legal framework relating to small-dollar lending was the; Search Snippet: ...Nathalie Martin & Joshua Schwartz, The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? , 69 Wash. & Lee L. Rev... 2020  
Jack M. Beermann Crisis? Whose Crisis? 61 William and Mary Law Review 931 (March, 2020) Every moment in human history can be characterized by someone as socially and politically charged. For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal; Search Snippet: ...Supreme Court answered in the negative, declaring that the American Indian tribes, while possessing a degree of sovereignty over their lands within the borders of the United States... 2020  
Fozia Nazir Lone Cross-fertilization of Westphalian Approaches to International Law: Third World Studies and a New Era of International Law Scholarship 34 Emory International Law Review 955 (2020) The positivist normative content of Western international law was developed among powerful Western states and later extended to non-Western states. Within this contextual framework, it is argued that Third World Approaches to International Law (TWAIL) scholars, in their criticism of international law as a colonial product, extended it beyond the; Search Snippet: ...on the concept of the Hindu philosophy of dharma [FN194] Indian scholars even contended that the concept of sovereignty was well established in dharma , and that such concept is... 2020  
Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding 50 Environmental Law 415 (Spring, 2020) Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... 2020 Yes
Gerald Torres Decolonization: Treaties, Resource Use, and Environmental Conservation 91 University of Colorado Law Review 709 (Spring, 2020) Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... 2020 Yes
Amna A. Akbar Demands for a Democratic Political Economy 134 Harvard Law Review Forum 90 (December 1, 2020) Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters .. Power concedes nothing without a demand. It never did and it never will. --Frederick Douglass, 1857 We are living in a; Search Snippet: ...essential work. [FN130] Making a distinctly urgent claim to land, Indigenous organizers are asserting environmental justice as Indigenous sovereignty. [FN131] The NDN Collective's just-launched landback campaign calls for... 2020  
A. Mechele Dickerson Designing Slavery Reparations: Lessons from Complex Litigation 98 Texas Law Review 1255 (June, 2020) Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and; Search Snippet: ...States and its citizens. [FN45] Though partially designed to encourage Native Americans to assimilate fully into the dominant culture, the ICC... 2020  
Mary Kathlin Sickel Dispossessing Detroit: How the Law Takes Property 53 University of Michigan Journal of Law Reform 727 (Summer, 2020) In 1817, the University of Michigan was founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to the University. That land was later sold to provide a significant part of the University of Michigan's permanent endowment. Today, government; Search Snippet: ...founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to... 2020  
Douglas Lind Doctrines of Discovery 13 Washington University Jurisprudence Review Rev. 1 (2020) The idea that discovery of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal Indian law made discovery a matter of jurisprudential interest; Search Snippet: ...of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal... 2020  
Hilary C. Tompkins Domestic Nations in the Age of "Tribalism" 52 Arizona State Law Journal 580 (Summer, 2020) In today's world, we are bombarded daily with dueling, political narratives from the left and right of the political spectrum. In my view, the current culture clash is a product of young America's growing pains, where the painful, destructive origins of America's founding are catching up with the ethos of America, the land of the free. Some; Search Snippet: ...Supreme Court in Cherokee Nation v. Georgia had to qualify tribes as domestic dependent nations, but I was encouraged to learn that despite all the forces against Native Americans, we were still here, and even better, we had sovereignty! [FN13] My newfound knowledge also confirmed that my gut instincts... 2020  
  Double Jeopardy 49 Georgetown Law Journal Annual Review of Criminal Procedure 545 (2020) The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the; Search Snippet: ...estop the government from presenting the evidence. [FN1486] The dual sovereignty doctrine allows the federal government and a state government, [FN1487... 2020  
Stephen E. Henderson, Dean A. Strang Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility 18 Ohio State Journal of Criminal Law 365 (Fall, 2020) The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... 2020 Yes
Grant Horton Downsizing National Monuments: the Current Debate and Lessons from History 38 UCLA Journal of Environmental Law & Policy 79 (2020) C1-2Table of Contents Introduction. 79 I. Challenges to National Monument Designations and the Current Legal Debate. 84 A. National Monument Designations: A History of Presidential Discretion. 84 B. National Monument Reductions: The Current Debate. 88 II. Expanding Judicial Review: Courts Should Look to how Congress and the President Have Been; Search Snippet: ...an attempt by President Zachary Taylor to remove groups of Native Americans from certain public lands in the Midwest and to... 2020  
Alexander Tolic Drawing a Line in the Sand: Assessing the Trump Administration's Interpretation of Both Congressional Trade Legislation and Judicial Trade Precedent 53 Suffolk University Law Review 221 (2020) The President is limited to action . to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security. Moreover, the leeway that the statute gives the President in deciding what action to take in the event the preconditions are fulfilled is far from unbounded. . Plaintiffs . argue; Search Snippet: ...art. I, § 8, cl. 3. See Laurence H. Tribe, Taking Text and Structure Seriously: Reflections on Free-Form Method... 2020  
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