| Author | Title | Citation | Summary | Year | Key Terms |
| |
Introduction |
133 Harvard Law Review 2062 (April, 2020) |
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most part, those students do not learn about a third source of obligation: unjust enrichment. This obligation rests on a simple premise--that [a] person who is unjustly enriched at the expense of; Search Snippet: ...statutes regulating railway operations. See id. at 1179, 1183 . The Tribe subsequently moved for reconsideration, arguing that its suit arose out of its treaty with the United States and therefore involved questions of federal... |
2020 |
|
| Mae C. Quinn , Levi T. Bradford |
Invisible Article Iii Delinquency: History, Mystery, and Concerns about "Federal Juvenile Courts" |
27 Washington and Lee Journal of Civil Rights and Social Justice 71 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 72 II. Common Law Approach to Youth Crime--Shared State and Federal History. 76 III. Emergence of State Juvenile Courts and Supreme Court's Related Jurisprudence. 79 A. Juvenile Courts as Specialized Venues to Address Child Wrongdoing. 80 B. Kent, Gault & Their Progeny: Balancing Paternalism with Due Process; Search Snippet: ...determination, the federal government has consistently used the fact that Native tribes lie within federal borders to justify hemming in tribal sovereignty. [FN292] A tribe's power to handle matters involving Indigenous children... |
2020 |
|
| James T. Campbell |
Island Judges |
129 Yale Law Journal 1888 (April, 2020) |
This Note explores the persistent differences in status among federal district judges in U.S. territories. Beginning with Congress's decision to extend life tenure to federal judges in Puerto Rico in 1966, the Note traces the evolution of local and federal courts in U.S. territories over the past half century. Although universally counted within; Search Snippet: ...a federal court, see, e.g. , Uilisone Falemanu Tua, Comment, A Native's Call for Justice: The Call for the Establishment of a... |
2020 |
|
| Priyasha Saksena |
Jousting over Jurisdiction: Sovereignty and International Law in Late Nineteenth-century South Asia |
38 Law and History Review 409 (May, 2020) |
In 1879, the government of India passed the Elephant Preservation Act mandating that individuals acquire a government-issued licence to engage in the capture of wild elephants. A year later, it promulgated a set of rules to make the British Indian legislation applicable to an area that included Keonjhar, one of the 600 or so princely states that; Search Snippet: ...requiring a licence issued by a British Indian authority. British Indian legislation, he contended, did not apply to the princely states... |
2020 |
Yes |
| Robert M. Jarvis |
Judges and Gambling |
10 UNLV Gaming Law Journal L.J. 1 (Spring, 2020) |
In an address to the American Bar Association (ABA) in 1965, Simon H. Rifkind warned judges to avoid being conspicuous in their personal lives. He then offered several examples of such behavior, one of which was being a frequent standee in the $100 window at the racetrack. At the time of Rifkind's speech, dog tracks and horse tracks were nearly; Search Snippet: ...2721 (1988) See generally Steven Andrew Light & Kathryn R.L. Rand, Indian Gaming and Tribal Sovereignty: The Casino Compromise 63-64 (2005). See Steven Stradbrooke... |
2020 |
|
| Thomas M. Hardiman |
Judicial Independence and the Roberts Court |
2020 Cato Supreme Court Review 15 (2019-2020) |
Thank you, Ilya Shapiro, for that generous introduction. Roger Pilon may be the only one here who appreciates just how honored I am to have been invited to give the B. Kenneth Simon Lecture on this Constitution Day. Roger was kind enough to travel to Pittsburgh to honor Ken at the memorial celebration after his passing. And as Roger knows, I had; Search Snippet: ...Wyoming's admission to the Union did not abrogate the Crow Tribe of Indians' 1868 federal treaty right to hunt on the unoccupied lands of the United... |
2020 |
|
| DeVaughn Jones |
Judicial Racism and Judicial Antiracism: Retelling the Dred Scott Story |
68 UCLA Law Review Discourse 338 (2020) |
This Essay retells the Dred Scott story as a set of intersecting stories about judicial racism and judicial antiracism. Part I defines racism and antiracism, then discusses how racist and antiracist ideas are realized through government power. Next, this Essay visits one of the most prominent moments of judicial racial history: the story of Dred; Search Snippet: ...citizens, despite their subjugation. [FN106] The United States entered into treaties with Indigenous governments and sought their alliance in war, the majority claimed--the tribes maintained their own land, which neither the English nor the... |
2020 |
|
| Ryan C. Williams |
Judicial Role and Judicial Duty in Foreign Affairs |
43 Fordham International Law Journal 1235 (May, 2020) |
L1-2INTRODUCTION . L31235 I. JUDICIAL POWER AND JUDICIAL DUTY. 1238 II. JUDICIAL DUTY AND CHANGES IN GOVERNING LAW. 1241 A. Changes in International Law and Practice: The Example of Prize Jurisdiction. 1241 B. Changes in Domestic Law: The Example of Multilateral Treaty Reservations. 1246 C. Accommodating Legal Change: The Law of Interpretation; Search Snippet: ...Knoxville, 227 U.S. 39, 43-49 (1913) (concluding that a treaty addressing patent lengths should be construed as non-self-executing notwithstanding putatively clear treaty language where drafting history and subsequent Congressional action suggested a... |
2020 |
|
| Emily Mendoza |
Jurisdictional Transparency and Native American Women |
11 California Law Review Online 141 (May, 2020) |
While lawmakers have long known that Native American women experience gender-based violence at higher rates than any other population, lawmakers historically have addressed these harms by implementing jurisdictional changes: removing tribal jurisdiction entirely, limiting tribal jurisdiction, or returning jurisdiction to tribes in a piecemeal; Search Snippet: ...victims without recourse. Reformers seeking to address jurisdictional barriers for Native American women often approach this issue through a sovereignty framework, with two opposing solutions at the forefront. One approach... |
2020 |
|
| Deepa Das Acevedo |
Just Hindus |
45 Law and Social Inquiry 965 (November, 2020) |
What happens when courts reach good outcomes through bad reasoning? Are there limits to consequentialist jurisprudence? The Indian Supreme Court's recent decision in IYLA v. State of Kerala offers important insights on both issues. IYLA, decided in September 2018, held that the Hindu temple at Sabarimala may not ban women aged ten to fifty from; Search Snippet: ...47-49. London: Thoemmes Continuum, 2005. Das Acevedo, Deepa. Divine Sovereignty, Indian Property Law, and the Dispute over the Padmanabhaswamy Temple. Modern... |
2020 |
|
| Dana Zartner, JD, LLM, Ph.D. |
Justice for Juristac: Using International and Comparative Law to Protect Indigenous Lands |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands; Search Snippet: ...to religious expression, and the precautionary principle found in international treaty law, customary international law, and regional and domestic court cases... |
2020 |
|
| Corina Heri |
Justifying New Rights: Affectedness, Vulnerability, and the Rights of Peasants |
21 German Law Journal 702 (May, 2020) |
Over the last decades, various groups seeking international legal recognition of new human rights claims have succeeded in their endeavors. Some movements have crafted such convincing demands that their participation has even become an implicit condition of the legitimacy of the resulting human rights documents. But what; Search Snippet: ...both are linked to collective identities that reposition peasants and indigenous peoples--who were both once considered anachronisms in the modern... |
2020 |
|
| |
Keeping Current--property |
34-OCT Probate and Property 16 (September/October, 2020) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CONDOMINIUMS: Insurer's waiver of the right to subrogation does not apply to a tenant who rents a unit. A fire originating in a leased condominium unit caused extensive; Search Snippet: ...of coverage and failure to defend against the assertion of Indian treaty rights is wrongful and in bad faith. In 2015, Robbins... |
2020 |
|
| Jennifer Mendoza |
Ktunaxa Nation V. British Columbia: a Historical and Critical Analysis of Canadian Aboriginal Law |
29 Washington International Law Journal 685 (June, 2020) |
Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what rights meant under Section 35 of the Constitution, how Aboriginal; Search Snippet: ...as to recognize Aboriginal title. [FN59] Thus, even today, many indigenous leaders view the Royal Proclamation as guaranteeing their sovereignty. [FN60] The Courts have concluded that the ultimate purpose of... |
2020 |
|
| Mona Oraby , Winnifred Fallers Sullivan |
Law and Religion: Reimagining the Entanglement of Two Universals |
16 Annual Review of Law and Social Science 257 (2020) |
religion, law, state, legal pluralism, modernity, secularism In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists,; Search Snippet: ...persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does... |
2020 |
|
| Zak Leonard |
Law of Nations Theory and the Native Sovereignty Debates in Colonial India |
38 Law and History Review 373 (May, 2020) |
Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited; Search Snippet: ...Review May, 2020 Article LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA Zak Leonard [FNa1] Copyright © 2019 by... |
2020 |
Yes |
| Dantam Le |
Leveraging the Ilo for Human Rights and Workers' Rights in International Sporting Events |
42 Hastings Communications and Entertainment Law Journal 171 (Summer, 2020) |
Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world's stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government; Search Snippet: ...work closely with the ICO and FIFA to push a treaty among nation-states to promote workers' rights, and (3) the ILO should not condone violations of the rights of indigenous and impoverished communities and migrant workers by failing to take... |
2020 |
|
| Lily Grisafi |
Living in the Blast Zone: Sexual Violence Piped onto Native Land by Extractive Industries |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional; Search Snippet: ...on tribal land with impunity. In particular, restrictions on tribal sovereignty and criminal jurisdiction, inadequate funding for tribal criminal justice systems... |
2020 |
|
| Justin W. Aimonetti |
Magic Words and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity |
2020 Pepperdine Law Review Rev. 1 (2020) |
There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to; Search Snippet: ...authority to abrogate tribal immunity. To put it differently, the Indian plenary power doctrine is premised on the absolute sovereignty of the United States over the Indian tribes, inclusive of the power to abrogate tribal immunity. [FN17] As... |
2020 |
Yes |
| Timothy Meyer |
Misaligned Lawmaking |
73 Vanderbilt Law Review 151 (January, 2020) |
Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same time providing adjustment assistance for those workers displaced by competition with new imports. This bargain illustrates what; Search Snippet: ...the event of power shifts). Model Text for the Indian Bilateral Investment Treaty myGov art. 24.1 (2016) |
2020 |
|
| Aaron Haviland |
Misreading the History of Presidential War Power, 1789-1860 |
24 Texas Review of Law and Politics 481 (Spring, 2020) |
Introduction. 482 I. Methodology. 487 A. Contribution to the Literature on Presidential War Power. 487 B. Categorizing Military Conflicts. 490 II. Authorized or Disavowed. 495 A. Declaration of War or Statute. 495 B. Anti-Piracy Laws. 502 C. Disavowed. 505 III. Within Article II. 507 A. Peacetime Deployments and Demonstrations. 507 B. Protecting; Search Snippet: ...before conducting offensive military expeditions against Indian tribes. [FN65] However, Indian tribes were treated as quasi-sovereign actors--domestic dependent nations--with whom the U.S. government signed treaties. [FN66] They had a political structure and could engage in... |
2020 |
|
| Fred G. Zundel |
Modification of Tribal Custody Decree in State Court |
63-MAY Advocate 22 (May, 2020) |
Assume the following facts. John is an enrolled member of an Idaho Tribe. Jane is not a person of Native American descent and is not a member of any Tribe. The parties are the parents of two minor children. The children are enrolled members of John's Tribe. John and Jane were married in 2005 within the exterior boundaries of John's Tribal; Search Snippet: ...government, and exhaustion of Tribal Court remedies Although an Idaho Tribe is not to be regarded as a state for the... |
2020 |
|
| Matthew A. King |
Murphy V. Ncaa and Legalization of Sports Betting in States and Indian Country |
59 No. 2 Judges' Journal 16 (Spring, 2020) |
In 2018, the U.S. Supreme Court in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA) of 1992 on states' rights grounds. For nearly three decades, the federal law prevented all but four states and the vast majority of Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and; Search Snippet: ...to greatly impact Tribal economies--for better or for worse. Indian gaming is governed by the Indian Gaming Regulatory Act (IGRA) of 1988, but the true source of Tribes' authority to game stems from their inherent sovereignty as nations predating the formation of the United States. [FN6] IGRA imposed limits on Tribal sovereignty for gaming Tribes. While IGRA represented a paradigm shift in the gaming |
2020 |
|
| Mark Suagee |
My Brother, Dean Suagee |
34-SPG Natural Resources & Environment Env't 2 (Spring, 2020) |
My brother, Dean Suagee, saw his vision early. He worked hard in school, putting physical abilities into wrestling and football, while his serious schoolwork led to high school valedictorian honors. He continued earning academic honors through college at the University of Arizona, and not until law school did he receive an average grade. As his; Search Snippet: ...our earth and his belief in, and concern for, the sovereignty of tribal governments in their Indian communities and in the traditions they live. I rode with... |
2020 |
|
| Craig Evan Klafter |
Myanmar, Rule of Law, and an Imperfect Inheritance |
44-WTR Fletcher Forum of World Affairs 121 (Winter, 2020) |
This article describes how Myanmar represents a rare case in post-colonial societies in that much of the law it inherited was written on its behalf some as an experiment, some never implemented, and most of it never adapted to local circumstances. Leading up to independence in 1948, the British hoped that a formal process of constitution drafting; Search Snippet: ...interpreted the Contract Act liberally and scholars have produced influential treaties on contract law, while both groups have adapted contract law to the needs of Indian society. [FN4] In Burma and subsequently in Myanmar, however, courts... |
2020 |
|
| Joshua Kastenberg |
National Security and Judicial Ethics: the Exception to the Rule of Keeping Judicial Conduct Judicial and the Politicization of the Judiciary |
12 Elon Law Review 282 (2020) |
I. DISQUALIFICATION AND THE MISTRETTA RULE. 288 A. Judicial Recusal Rules in the Modern Era. 291 B. Judicial Nominations. 293 II. JUDICIAL ACTIVITIES, ADVICE, AND ENCOURAGEMENT: TAFT, STONE, AND BURGER. 298 A. Taft and the National Security Exception. 302 B. Stone: Opposition to Extra-Judicial Conduct but Resistance to his Example. 305 C. Warren; Search Snippet: ...on either. [FN23] The appeal arose as a matter of Indian- treaty and land allocation legislation that placed into the courts an... |
2020 |
|
| Dennis J. Donohue, Daniel P. Ettinger |
Navigating Tribal Opposition to Permits for Great Lakes Mining Projects |
35-SUM Natural Resources & Environment 41 (Summer, 2020) |
Mining and beneficiation of metals was an early driver in the economic development of the Great Lakes region. The mining of both iron and other minerals came to the Upper Peninsula of Michigan in the early 1840s, spurred by Douglass Houghton's publication of a report on the famed native copper deposits of the Keweenaw in 1841, followed closely by; Search Snippet: ...federal air and water pollution control laws. Most of the tribes in the region also have treaty rights. This article examines the challenges involved in navigating tribal... |
2020 |
|
| David Kuan-Wei Chen |
New Ways and Means to Strengthen the Responsible and Peaceful Use of Outer Space |
48 Georgia Journal of International and Comparative Law 661 (Spring, 2020) |
C1-2Table of Contents I. Introduction. 662 II. Legal Regime Governing Space. 663 III. The Legal Lacunae with Regard to Responsible and Peaceful Use of Outer Space. 668 IV. International Efforts to Strengthen the Responsible and Peaceful Use of Space. 670 V. Ways and Means of Maintaining Outer Space for Peaceful Purposes. 673 VI. The Long-Term; Search Snippet: ...India's Anti-Satellite Missile Test Conducted on 27 March, 2019 Indian Ministry of External Aff. (Mar. 27, 2019) |
2020 |
|
| Sarah Krakoff |
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park |
91 University of Colorado Law Review 559 (Spring, 2020) |
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst .. The national park idea, the best idea we ever had. --Wallace Stegner [P]arks are not America's best idea .. The best idea language has the potential to alienate more people than it attracts .. If asked to choose between the Grand Canyon or a; Search Snippet: ...consistently undermined those very promises. [FN22] Legal principles forged in treaties and affirmed by the U.S. Supreme Court recognized that Indian tribes were domestic dependent nations that had direct legal relationships with... |
2020 |
|
| Josh Blackman |
October Term 2019 in Review: Blue June |
8/27/2020 University of Chicago Law Review Online Online 1 (August 27, 2020) |
Over the past 225 years, the Supreme Court witnessed two presidential impeachment trials and two pathogenic shutdowns. This past winter, Chief Justice John Roberts presided over both in the span of two months--and those weren't even the biggest headlines of the year! This term had it all: guns, abortion, DACA, Little Sisters, LGBT discrimination,; Search Snippet: ...at 2459 Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has... |
2020 |
|
| Blake Gentry |
O'odham Niok? In Indigenous Languages, U.s. "Jurisprudence" Means Nothing |
37 Chicana/o-Latina/o Law Review 29 (2020) |
C1-2Table of Contents Introduction. 30 I. Standing of Indigenous Languages in the U.S. Immigration System. 32 II. Venues of Language Discrimination. 35 A. First Contact, Origin of Language Discrimination. 36 B. Streamline Criminal Court. 38 C. Longterm Detention. 39 D. Immigration Court. 41 E. Family and Child Detention. 42 III. Law and Policy for; Search Snippet: ...O'odham Nation sanctioned by the Department of Interior's Bureau of Indian Affairs, and that the Tohono O'odham Nation was recognized as an indigenous nation with limited sovereignty in 1917 by Executive Order, [FN1] at no time during... |
2020 |
|
| Michael D. Ramsey |
Originalism and Birthright Citizenship |
109 Georgetown Law Journal 405 (December, 2020) |
The first sentence of the Fourteenth Amendment provides: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. This language raises two substantial questions of scope. First, what does it mean to be born in the United States? Does; Search Snippet: ...the time was Alaska (purchased in 1867), but the acquisition treaty acknowledged Alaskans' U.S. citizenship; Alaska's indigenous population was excluded from citizenship by the same theory that excluded tribal Native Americans in the contiguous states and territories, and in any event the non- Native population was extremely small and not expected to grow. [FN55... |
2020 |
|
| Stephen J. Ware |
Paternalism or Gender-neutrality? |
52 Connecticut Law Review 537 (July, 2020) |
The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article's thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism; Search Snippet: ...1000-01 (2017) . Jessica A. Shoemaker, Complexity's Shadow: American Indian Property, Sovereignty, and the Future , 115 Mich. L. Rev. 487, 542 (2017... |
2020 |
|
| Binendri Perera |
People's Movements as a Strand of Popular Constitutionalism: Driving Forces, Distinctive Features, and Dilemmas |
29 Washington International Law Journal 341 (April, 2020) |
Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly; Search Snippet: ...also extremely progressive in its incorporation of international human rights treaties, enshrinement of economic, social and cultural rights, women's rights and indigenous rights. [FN55] However, the executive branch consists of a president... |
2020 |
|
| Jeremy A. Siegman, Harvard University |
Playing with Antagonists: the Politics of Humor in Israeli-palestinian Market Encounters |
43 PoLAR: Political and Legal Anthropology Review 103 (May, 2020) |
This article identifies playful antagonism as a defining mode of rare Israeli-Palestinian encounters in Israeli settlement businesses. It is based on ethnographic work primarily in an Israeli settlement supermarket where the lowest-paid workers are mostly occupied Palestinians. This playful antagonism characterizes heated; Search Snippet: ...387). Anthropologists have complicated Wolfe's settler logics through attention to indigenous sovereignty (Cattelino 2008; Simpson 2014); and, in Palestine, to the everyday... |
2020 |
|
| Matthew L.M. Fletcher |
Politics, Indian Law, and the Constitution |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not; Search Snippet: ...the Reconstruction Congress. Between 1866 and 1875, Congress singled out Natives for special treatment in scores of statutes and treaties In addition, the Fourteenth Amendment itself acknowledges that Indians may continue to be singled out, excluding Indians not taxed for apportionment purposes. U.S. Const. amend. XIV, §... |
2020 |
|
| Zoe Cometti |
Possibilities of Limiting the Protection of Large-scale Investments in Farmland |
21 German Law Journal 1198 (September, 2020) |
Large-scale investments in farmland can generate adverse effects on food security, minority groups, and the environment. Consequently, this Article analyzes to what extent international investment law has the potential to prevent those effects, considering the current investment treaty reform towards a symmetrical; Search Snippet: ...pointed out by the Special Rapporteur on the rights of indigenous peoples, investment treaty arbitral tribunals do not apply human rights and indigenous peoples' rights as sources of applicable law. [FN156] It is... |
2020 |
|
| Lillian K. Glenister |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
56 California Western Law Review 399 (Spring, 2020) |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C; Search Snippet: ...Knaka Maoli have acted to express their cultural and political sovereignty in many ways, their protests over the construction of a... |
2020 |
|
| Eric S. Janus |
Preventing Sexual Violence: Alternatives to Worrying about Recidivism |
103 Marquette Law Review 819 (Spring, 2020) |
I. Introduction. 819 II. How We Got Here: A Short History. 825 III. Frightening and High. 827 A. The Sex Offender as Other. 828 B. The Sex Offender as Serial Predator. 830 IV. The Myth of the Serial Predator. 832 A. The Frightening and High Myth Grossly Exaggerates Sexual Recidivism. 832 B. Sex Offenders are Heterogeneous with Respect to; Search Snippet: ...women could be raped. Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty , 24 Wicazo Sa Rev. 149, 151 (2009). Women minorities remain... |
2020 |
|
| |
Procedural Means of Enforcement under 42 U.s.c. § 1983 |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1211 (2020) |
Scope of § 1983. Under 42 U.S.C. § 1983, a prisoner may seek redress against state and local (but not federal ) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that satisfy § 1983's under color of; Search Snippet: ...577 (10th Cir. 2015) (no cognizable § 1983 claim under treaty between United States and Native American tribe); Burban v. City of Neptune Beach, Fla., 920 F.3d... |
2020 |
|
| Angela C. Carmella |
Progressive Religion and Free Exercise Exemptions |
68 University of Kansas Law Review 535 (March, 2020) |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their; Search Snippet: ...of Native Americans often do not. The religious practices of Native American tribes are protected, if at all, by a complex web of treaty, constitutional, and statutory laws. [FN352] Though it is difficult to... |
2020 |
|
| Tyler Yeargain |
Prosecutorial Disassociation |
47 American Journal of Criminal Law 85 (Spring, 2020) |
Introduction. 86 I. The History and Development of Prosecutors' Associations. 87 A. Institutional Histories. 87 B. Statutory Power. 92 II. Prosecutors' Associations as Interest Groups. 96 A. Lobbying. 97 B. Electioneering. 104 C. Participation in Litigation. 110 III. Progressive Prosecutors and Prosecutors' Associations. 114 A. The Rise of the; Search Snippet: ...Murphy , a recently-decided case that will greatly affect the sovereignty of Native American tribes in Oklahoma and the viability of state-level prosecutions in... |
2020 |
|
| Christopher Barbera |
Protecting Native Human Rights During Natural Disasters Through Free, Prior, and Informed Consent: a Case Study on Arguing Fpic as a Tool for Human Rights |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and; Search Snippet: ...Part I discusses the FEMA TCP, its legislative history, and Native self-determination and sovereignty in the context of Federal Indian Law. The section then examines how the concept of FPIC... |
2020 |
|
| Sadie Normoyle |
Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate |
10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) |
Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... |
2020 |
Yes |
| Ryan V. Petty |
Protections for Traditional Knowledge under State Common Law and Constitutional Law |
26 Boston University Journal of Science and Technology Law 120 (Winter, 2020) |
Introduction. 121 I. Preemption Issues with Intellectual Property. 124 A. Patents. 125 B. Copyright. 127 1. Section 301(a) (preemption). 127 2. Section 301(b)-(c) (non-preemption). 128 3. Moral rights. 129 C. Trademark. 131 D. Trade Secret. 133 E. How to Survive Federal IP Law Preemption. 136 II. Preemption Issues with Native American Tribes. 137; Search Snippet: ...Commerce Clause. [FN156] This case capped years of dwindling tribal sovereignty wins in the Supreme Court by holding that the Indian Commerce Clause of the Constitution imposed no judicially enforceable restraints... |
2020 |
|
| Adam J. MacLeod |
Public Rights after Oil States Energy |
95 Notre Dame Law Review 1281 (January, 2020) |
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical; Search Snippet: ...FN13] federal regulation of employment contracts and other commerce, [FN14] native tribal sovereignty, [FN15] and other areas of law that implicate both private... |
2020 |
|
| Robert L. Tsai |
Racial Purges |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...keep out and hunt for unauthorized Chinese migrants, or when indigenous tribes were systematically deprived of sovereignty and their members forcibly relocated to reservations. [FN92] Legalized expulsions... |
2020 |
|
| Clifford B. Parkinson , The Honorable Dee V. Benson |
Raconteur, Bon Vivant, Senior Judge: a Tribute to Monroe Mckay |
33-AUG Utah Bar Journal 14 (July/August, 2020) |
In an interview some thirty years ago, Judge Monroe G. McKay of the Tenth Circuit Court of Appeals said, I hope to serve my full term as a judge - they are appointed for life, you know. On March 28, 2020, at the age of 91, Judge McKay realized that hope, passing away peacefully while still active as a senior judge for the circuit. Just two weeks; Search Snippet: ...Considering the case en banc , the majority held that the Tribe did have the authority to tax and explained that chief among the powers of sovereignty recognized as pertaining to an Indian tribe is the power of taxation. Id. at 544 While the... |
2020 |
|
| Tiyanjana Maluwa |
Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties |
41 Michigan Journal of International Law 327 (2020) |
The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... |
2020 |
Yes |
| Scott W. Stern |
Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement |
47 Ecology Law Quarterly 179 (2020) |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these; Search Snippet: ...it. It guarantees Indian communities relocation as communities Emerging from treaty obligations and the foundational Indian law cases of the 1830s, the federal trust duty today... |
2020 |
|