AuthorTitleCitationSummaryYearKey Terms
  U.s. Supreme Court Update 30-SEP Journal of Multistate Taxation and Incentives 34 (September, 2020) DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittleman for his contributions to this month's article. Before its recess, on June 30, 2020, the U.S. Supreme Court ruled in a 5-4 decision, in Espinoza v. Montana Dep't of Revenue (Docket No. 18-1195), that the Montana Supreme; Search Snippet: ...valorem tax, as assessedagainst personal property owned by a non- Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court's particularized inquiry balancing test, see WhiteMountain Apache Tribe v. Bracker , 448 U.S. 136 (1980) , where the tax does... 2020  
  U.s. Supreme Court Update 30-OCT Journal of Multistate Taxation and Incentives 32 (October, 2020) DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittleman, an associate at Hodgson Russ LLP, for his contributions to this month's article. On July 30, 2020, in Little v. Reclaim Idaho, (Docket No. 20A18), the Court granted the State of Idaho's application to stay the; Search Snippet: ...valorem tax, as assessed against personalproperty owned by a non- Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court's particularized inquiry balancing test, see White MountainApache Tribe v. Bracker , 448 U.S. 136 (1980) , where the tax does... 2020  
  U.s. Supreme Court Update 30-JUL Journal of Multistate Taxation and Incentives 37 (July, 2020) DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. While the U.S. Supreme Court extended certain filing deadlines and postponed certain oral arguments in keeping with the public health precautions recommended in response to the COVID-19 pandemic, the Court did not hit pause! With respect to state and local; Search Snippet: ...remit taxes due the state. Preemption of state taxation. The Tribe asserted below that the imposition of the South Dakota use... 2020  
Conor Butkus, Symposium Editor U.s. V. Oregon: 50th Anniversary 50 Environmental Law 327 (Spring, 2020) Beginning in 1854, the U.S. entered into treaties with the Northwest Tribes that saw the tribes cede vast territories in exchange for rights meant to protect their traditional salmon fishing. For 115 years after that, U.S. citizens and Oregon and Washington attacked those rights and the tribe members seeking to uphold them. The states implemented a; Search Snippet: ...Conor Butkus Beginning in 1854, the U.S. entered into treaties with the Northwest Tribes that saw the tribes cede vast territories in exchange for rights meant to protect... 2020  
Albert C. Lin Uncooperative Environmental Federalism: State Suits Against the Federal Government in an Age of Political Polarization 88 George Washington Law Review 890 (July, 2020) The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards; Search Snippet: ...2001) (holding that United States holds title in trust for tribe to lands underlying lake and river); Montana v. United States... 2020  
  United States-muscogee (Creek) Nation Treaty-- Federal Indian Law-- Disestablishment of Indian Reservations-- Mcgirt V. Oklahoma 134 Harvard Law Review 600 (November, 2020) On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one; Search Snippet: ...Case Federal Statutes and Treaties UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS -- MCGIRT v. OKLAHOMA Copyright © 2020 by The Harvard Law... 2020 Yes
Rebecca M. Kysar Unraveling the Tax Treaty 104 Minnesota Law Review 1755 (April, 2020) Introduction. 1756 I. Background of the International Tax and Treaty System. 1759 A. The Roots of the International Tax System. 1760 B. Purposes and Features of Tax Treaties. 1763 C. The Domestic Rules on International Taxation. 1767 1. Worldwide v. Territorial. 1767 2. The U.S. Rules Preand Post-2017. 1768 II. Discarding Purported Purposes of Tax; Search Snippet: ...challenges for tax treaties. In the past few years, the Indian Equalization Levy, the UK Diverted Profits Tax, the Australian Diverted... 2020 Yes
Amanda Rogerson, Michael Lopez Upholding Tribal Treaties with the Clean Water Act 35-SUM Natural Resources & Environment 52 (Summer, 2020) During the nineteenth century, numerous tribal nations in the Pacific and Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain; Search Snippet: ...Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain rights vital to their way of life, including... 2020 Yes
Todd B. Adams Using Game Theory to Better Understand the Role of the U.s. Supreme Court in the Catastrophe That Befell American Indians in Georgia 46 Ohio Northern University Law Review 331 (2020) How the 1823 case Johnson v. McIntosh affected the catastrophe befalling American Indians in the early Republic is a major, continuing issue in early American Indian law. Some scholars argue that the U.S. Supreme Court placed American Indian national title on a firm legal foundation that it had previously lacked, but others argue that that the; Search Snippet: ...Great Britain still occupied the Northwest in violation of the Treaty of Paris that ended the Revolutionary War [FN27] and prevented Congress from converting American Indian national lands in the Old Northwest into needed cash. [FN28... 2020  
Robert J. Miller Virginia's First Slaves: Indigenous Peoples 10 Wake Forest Journal of Law and Policy 195 (March, 2020) [M]an has dominated man to his injury. [I]nvade, search out, capture, vanquish, and subdue all Saracens [Muslims] and pagans whatsoever, and other enemies of Christ . [and] reduce their persons to perpetual slavery . convert them to . use and profit. Pope Nicholas V, Jan. 8, 1455 An inhuman practice once prevailed in this country of making; Search Snippet: ...Powhatan war in 1644 to 1646. [FN60] In the 1646 Treaty of Necotowance that ended the third Powhatan war, the subjugated tribes were required to return any runaway Indian Servants. [FN61] The colonists agreed in the treaty not to enslave any Virginia Indigenous Peoples or Indigenous Peoples that were allied with or paid tribute to Virginia... 2020  
Hilary C. Tompkins Walking in Beauty in the Law 46 No. 4 Litigation 47 (Summer, 2020) As lawyers, we often assume a persona or style in our work to be an effective advocate on behalf of our client. I have been practicing for more than two decades, and over the years, I have changed my style based on who I was working for, what seemed to be effective, and, lastly, my sense of self. I have come to believe that the last category is the; Search Snippet: ...not analyzing the potential impact of the pipeline on the tribe's downstream treaty and water rights. Ultimately, the D.C. district court judge agreed... 2020  
David Goad Water Law Be Dammed?: How Dam Construction by Non-hegemonic Basin States Places Strain on the Customary Law of Transboundary Watercourses 35 American University International Law Review 907 (2020) I. INTRODUCTION. 908 II. BACKGROUND. 910 A. The History of Development on the Harirud River. 910 B. History Surrounding the Grand Ethiopian Renaissance Dam. 913 C. Legitimacy of Dam Construction. 916 D. Sovereignty. 916 E. Overview of Transboundary Watercourse Law. 917 F. Equitable and Reasonable Utilization. 918 G. The No-Harm Principle. 921 III; Search Snippet: ...on the Nile). See Waseem Ahmad Qureshi, Indus Water Treaty: An Impediment to Indian Hydro-Hegemony , 46 Denv. J. Int'l L. & Pol'y 45, 51... 2020  
Meghan M. Carter , Jennifer R. Wendel Water Rights Adjudications in Idaho Have Statewide Impacts 63-OCT Advocate 16 (October, 2020) In 528 AD, the Roman Emperor Justinian issued the edict, By the law of nature these things are common to mankind--the air, running water, the sea, and consequently the shores of the sea. With these words, Justinian codified the modern-day public trust doctrine, and began an era of public management of natural resources. Though Justinian's Rome; Search Snippet: ...claims, a court must first determine what water use a Tribe is entitled to, determined by the purpose of the reservation and the treaty between the Tribe and the United States. Secondly, the court must quantify the... 2020  
Elizabeth A. Reese Welcome to the Maze: Race, Justice, and Jurisdiction in Mcgirt V. Oklahoma 8/13/2020 University of Chicago Law Review Online Online 1 (August 13, 2020) The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock. The United States Supreme Court, in an opinion authored by Justice Neil Gorsuch, announced that the Muscogee (Creek) Nation's reservation boundaries had never been disestablished. The Supreme Court's 5-4; Search Snippet: ...persons who freely enter their territory. In Oliphant v. Suquamish Indian Tribe , the Court held that [b]y submitting to the overriding sovereignty of the United States, Indian tribes therefore necessarily give up their power to try non- Indian citizens of the United States A clear double standard with the States, but tribes aren't states, they are Indians and the Court sees their sovereignty... 2020  
Sital Kalantry , Nicholas Koeppen When Contact Kills: Indigenous Peoples Living in Voluntary Isolation During Covid 68 UCLA Law Review Discourse 268 (2020) During the global pandemic, people around the world are at risk of serious illness and death from contact and proximity to other people. But Indigenous peoples, particularly those in voluntary isolation, have always faced that risk. International organizations have relied on the right to self-determination as the primary legal grounds to justify; Search Snippet: ...for fear that it signals that they accept the territorial sovereignty claims of Indigenous communities. On the other hand, IACtHR case law on the... 2020  
Aditi Deal When less Is More: a New Formula for Avoiding Equally Divided Decisions in the Supreme Court 58 Houston Law Review 185 (Fall, 2020) The Supreme Court of the United States is designed to serve as the judiciary branch of government's final word on an issue. It is often presented with contested issues and asked to serve as a tiebreaker. So, when the Supreme Court itself doles out an equally divided decision, is it failing at its core responsibility? This Comment addresses that; Search Snippet: ...Washington , the United States brought an action on behalf of Native American tribes against the State of Washington, claiming that the State had violated a fishing treaty. [FN73] The district court issued an injunction to stop the State from violating the fishing treaty, and the Ninth Circuit Court of Appeals affirmed in favor of the tribes. [FN74] The issues in the case were numerous, ranging from... 2020  
Gregor Allen MacGregor When the Navajo Generating Station Closes, Where Does the Water Go? 31 Colorado Natural Resources, Energy & Environmental Law Review 289 (Summer, 2020) Introduction 291 I. Historical Setting of the Current Conflict 292 A. Discovery of the Colorado River; Spanish Colonization Sets the Stage for European Expansion into the Southwest 292 B. American Indian Law: Sovereignty, Trust Responsibility, and Treaty Interpretation 293 C. Navajo Conflict and Resettlement on their Historic Homelands 295 D; Search Snippet: ...Stage for European Expansion into the Southwest 292 B. American Indian Law: Sovereignty, Trust Responsibility, and Treaty Interpretation 293 C. Navajo Conflict and Resettlement on their Historic... 2020  
Alec D. Tyra When the Well Runs Dry: Groundwater Policy and Sustainability Post-agua Caliente 38 UCLA Journal of Environmental Law & Policy 309 (2020) In the height of a seven-year drought in California, The Agua Caliente Band of Cahuilla Indians (the Tribe) sued the Coachella Valley Water District and Desert Water Agency (Together as Water Districts) to secure their right to groundwater stored in the Coachella Valley Aquifer (Aquifer). The Aquifer, like most groundwater resources in; Search Snippet: ...upon Mexico's separation from Spain). In this case, the Tribe alleges they have occupied the Coachella valley since time immemorial... 2020  
Kim Oosterlinck, Joseph Blocher, Mitu Gulati Why Did Belgium Pay Leopold's Bonds? 83 Law and Contemporary Problems 49 (2020) King Leopold II's horrific abuse of the Congo Free State (CFS) was a humanitarian disaster of incalculable proportions, and inspired what has been called the first great international human rights campaign of the twentieth century. This campaign--which united humanitarian and commercial interests --eventually forced Leopold to sell the CFS to; Search Snippet: ...is worth noting, though, that Leopold explicitly demanded that the treaties his representatives signed with native Congolese included articles that delegate to us their sovereign rights... 2020  
Giuseppe Martinico, Marta Simoncini Wightman and the Perils of Britain's Withdrawal 21 German Law Journal 799 (July, 2020) On 10 December 2018, the Court of Justice (CJEU) delivered the Wightman judgment and recognized the unilateral revocability of the notification ex Art. 50 Treaty on European Union (TEU). This article offers a critical analysis of the decision by insisting above all on; Search Snippet: ...odds with popular sovereignty as exercised in a referendum. Popular sovereignty also has other implications, such as in Scotland, where an indigenous Scottish tradition claims that sovereignty resides in the Scottish people, in spite of the alternative claims of Diceyan parliamentary sovereignty. Thirdly, there is external sovereignty: whereby a country may be... 2020  
Emily Dennan , Emily McEvoy Winner, Best Appellate Brief in the 2020 Native American Law Student Association Moot Court Competition 44 American Indian Law Review 423 (2020) Whether the EPA acted unlawfully and arbitrarily and capriciously in abandoning its earlier position recognizing congressional delegation of authority to Indian tribes to administer regulatory programs over their reservations, instead imposing on tribes the burden of demonstrating inherent authority over their reservations. 2. Whether the Tribe; Search Snippet: ...Cherokee Nation v. Georgia , 30 U.S. 1, 17 (1831) Tribal sovereignty is only divested when Congress expressly prohibits tribal authority, or... 2020  
Andrew J. Maier , Assistant United States Attorney, Eastern District of Wisconsin Wisconsin Native American Drug and Gang Initiative 68 Department of Justice Journal of Federal Law and Practice 125 (November, 2020) Wisconsin has 11 federally recognized Native American tribes, with tribal communities and reservations spread throughout the state. Nine of the tribes have tribal police departments. These tribal police departments took on drug trafficking and violent gang activity despite low staffing, poor or absent training, and little to no coordination between; Search Snippet: ...maintains and monitors fishing, gathering, and hunting activities established in treaties between 11 Ojibwe tribes and Congress. The tribes are located across Minnesota, Wisconsin, and... 2020  
Abigail L. Sia Withdrawing from Congressional-executive Agreements with the Advice and Consent of Congress 89 Fordham Law Review 797 (November, 2020) As President Donald J. Trump withdrew the United States from one international agreement after another, many began to question whether these withdrawals required congressional approval. The answer may depend on the type of agreement. Based on history and custom, it appears that the president may unilaterally withdraw from agreements concluded; Search Snippet: ...See Koh, supra note 9, at 461 (quoting Laurence H. Tribe, A Constitutional Red Herring: Goldwater v. Carter New Republic , Mar. 17, 1979, reprinted in Treaty Termination: Hearings on S. Res 15 Before the S. Comm... 2020  
Bonnie St. Charles You're on Native Land: the Genocide Convention, Cultural Genocide, and Prevention of Indigenous Land Takings 21 Chicago Journal of International Law 227 (Summer, 2020) Genocide is a sensitive topic. While the Genocide Convention is traditionally understood, especially in the popular imagination, to prohibit mass killings, its provisions prohibit a far broader array of conduct. While killings of Indigenous peoples have thus frequently been considered to fall within the bounds of the Genocide Convention, crimes; Search Snippet: ...2. Section IV will briefly explain the history of international Indigenous land conflicts and identify ongoing issues in Indigenous territorial sovereignty and, further, the harm that the taking of Indigenous lands inflicts. It additionally will argue that Indigenous land takings... 2020  
Kori Cordero Yurok Tribe Fishing Court 59 No. 2 Judges' Journal 26 (Spring, 2020) The Yurok Tribe's Justice Center sits near the western end of the Yurok Reservation, an hour south of the Oregon-California border and six hours north of San Francisco. Fishing Court is in session, but the parties are outside discussing the last case from the commercial fishing season. The respondent is self-represented and has just been told that; Search Snippet: ...ability to fish has been a central part of the Tribe's exercise of sovereignty--from the fishing wars of the late 1970s, the largest... 2020  
Bart T. Stupak , Justin Nemeroff 2015 Acknowledgement Regula Native American Treaties 98-AUG Michigan Bar Journal 22 (August, 2019) Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83. The Part 83 process... 2019 Yes
Caesar Kalinowski IV A Legal Response to the Sovereign Citizen Movement 80 Montana Law Review 153 (Summer, 2019) A little knowledge is a dangerous thing. It may also prove costly. In early 2016, armed antigovernment protesters led by Ammon Bundy occupied the Malheur National Wildlife Refuge in Harney County, Oregon, to challenge the federal government's control over public lands. By February, federal and state law enforcement officers had arrested or killed... 2019  
James Andrew Black A New Custom Thickens: Increased Coastal State Jurisdiction Within Sovereign Waters 37 Boston University International Law Journal 355 (Summer, 2019) History reveals . the difficulties of resolving conflicts of laws as between the law of the flag which governs ships and the law of the coastal State which governs offshore zones. Jurisdiction over foreign vessels operates on a sliding scale of authority. This power fluctuates between coastal States and flag States--the State where a vessel is... 2019  
Allison Hugi A New Weight on the Scale: Strengthening International Human Rights Law by Relying on Treaties in Us Asylum Cases 17 Santa Clara Journal of International Law L. I (4/29/2019) This Article examines the role that domestic asylum cases in the United States can play in improving countries' compliance with international human rights law. Using Australia, Canada, and the UK as case studies, it advocates for the domestic asylum process in the US to consider the status of international human rights treaties in the home... 2019  
Alejandro Madrazo A Sovereign People: How Revolution Undermines the Rule of Law in Mexico 37 Boston University International Law Journal 123 (Spring, 2019) The article is a comparative study in constitutional culture. It traces the genealogy of popular sovereignty in Mexico. Following the evolution and uses of the constitutional clause establishing a right to revolution as an entry point, the article explores the intersection between the concepts of revolution and constitution in Mexico. The article... 2019  
Timothy Dill A Test of Sovereignty: Franchise Tax Board of the State of California v. Gilbert P. Hyatt 14 Duke Journal of Constitutional Law & Public Policy Sidebar 129 (4/30/2019) In Franchise Tax Board of California v. Hyatt, the Supreme Court considers whether to overrule Nevada v. Hall, a 1979 Supreme Court decision. Hall permitted a State to be haled into the court of another State without its consent. In 2016, an evenly divided Supreme Court affirmed Hall 4-4 when faced with the same question, and following a remand to... 2019  
John W. Head Addressing Global Challenges Through Pluralistic Sovereignty: a Critique of State Sovereignty as a Centerpiece of International Law 67 University of Kansas Law Review 727 (May, 2019) Editor's Note: In this Article by KU Law faculty member John Head, we join global issues with Kansas issues. Professor Head explores a central concept of international law--the concept of sovereignty, as exercised by nation-states-- with an eye to urging legal reforms that will help address global challenges that have special relevance to our own... 2019  
David V. Williams, University of Auckland Alison Quentin-baxter and Janet Mclean, this Realm of New Zealand: the Sovereign, the Governor-general, the Crown (Auckland: Auckland University Press, 2017). Pp. Xi + 356. Nzd $65.00 (Hardcover). Isbn: 9781869408756 59 American Journal of Legal History 141 (March, 2019) The Commonwealth of Nations is a voluntary association of 53 sovereign independent states almost all of which were once members of an indivisible Empire under the British Crown. Most members of the Commonwealth are constituted as republics, but there remain 16 Realms with Queen Elizabeth II as the Sovereign head of state. Though having the same... 2019  
Christopher Tomlins, Berkeley Law, University of California Archiving Sovereignty: Law, History, Violence. By Stewart Motha. Ann Arbor: University of Michigan Press, 2018 53 Law and Society Review 611 (June, 2019) Archiving Sovereignty has been maturing in Stewart Motha's mind for more than a decade. The book is the culmination of 20 years of research--virtually his entire academic career, to date--but took form primarily after a return visit in 2009 to Colombo, Sri Lanka, where Motha was born and where he spent his childhood before moving to Australia in... 2019  
Maria Adele Carrai China's Malleable Sovereignty along the Belt and Road Initiative: the Case of the 99-year Chinese Lease of Hambantota Port 51 New York University Journal of International Law & Politics 1061 (Summer, 2019) I. Introduction. 1062 II. Hambantota Port: A Strategic Pearl along the Maritime Silk Road. 1067 III. Hambantota Concession Agreement and the Legacies of Colonialism. 1075 IV. Sovereignty and the 99-year Lease Agreement of Hambantota. 1086 V. Conclusion. 1097 2019  
Lily Johnson Commercial Surrogacy Is the Sale of Children?: an Argument That Commercial Surrogacy Does Not Violate International Treaties 28 Washington International Law Journal 701 (July, 2019) Abstract: Rates of commercial surrogacy have risen with the proliferation of in vitro fertilization. The process is unique in allowing intending parents the opportunity to raise a child of their own genetic material even if they cannot procreate through their own bodies. However, commercial surrogacy has been abused and caused physical and legal... 2019  
Jennie Bricker Defining 'Indian' 79-MAY Oregon State Bar Bulletin 28 (May, 2019) Columbia Park occupies 450 acres along the Columbia River in Tri-Cities, Wash. It hosts an annual event called the Water Follies, which includes a hydroplane race. On July 28, 1996, Will Thomas and Dave Deacy were wading along the river bank near Kennewick, sipping from cans of Busch Light and looking to avoid the race's entrance fee. Thomas... 2019  
Michael C. Blumm , Jeffrey B. Litwak Democratizing Treaty Fishing Rights: Denying Fossil-fuel Exports in the Pacific Northwest 30 Colorado Natural Resources, Energy & Environmental Law Review Rev. 1 (Winter, 2019) Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit's decision in the so-called culverts case, which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications... 2019  
Ying Zhu Do Clarified Indirect Expropriation Clauses in International Investment Treaties Preserve Environmental Regulatory Space? 60 Harvard International Law Journal 377 (Summer, 2019) The last twenty years have witnessed a number of investor-state disputes in which investors claimed host states' environmental regulations were indirect expropriations of foreign investments, resulting in host states paying large amounts of compensation to foreign investors. To preserve the regulatory space of host states, in the past decade,... 2019  
Arlene S. Kanter Do Human Rights Treaties Matter: the Case for the United Nations Convention on the Rights of People with Disabilities 52 Vanderbilt Journal of Transnational Law 577 (May, 2019) In the United States, and throughout many other parts of the world, we are witnessing attacks on basic human rights. As poverty, inequality, and suffering are evident in so many parts of the world today, there are those who say that the entire human rights regime has failed. This author does not agree. While it is true that human rights treaties... 2019  
Uche Ewelukwa Ofodile Emerging Market Economies and International Investment Law: Turkey-africa Bilateral Investment Treaties 52 Vanderbilt Journal of Transnational Law 949 (October, 2019) This Article offers a critical and penetrating insight into the bilateral investment treaties (BITs) between Turkey and countries in Africa. Since 2003, Turkey has concluded BITs with twenty-eight countries in Africa. This Article seeks answers to some very important questions. In the BITs between Turkey and countries in Africa, is Turkey merely... 2019  
  Federalism--state Sovereign Immunity--structural Inferences--franchise Tax Board v. Hyatt 133 Harvard Law Review 362 (November, 2019) The Constitution contains no textual provision addressing interstate sovereign immunity. Nonetheless, courts have been wrestling with the implications of that silence for over a century. When Gilbert Hyatt sued the Franchise Tax Board of California (FTB), a state agency, in a Nevada court, California's immunity existed at the discretion of the... 2019  
  Fifth Amendment--double Jeopardy Clause-- Separate Sovereigns Doctrine--gamble v. United States 133 Harvard Law Review 312 (November, 2019) The Double Jeopardy Clause requires that no defendant be subject to prosecution twice for the same offence. But under the separate sovereigns doctrine, the Supreme Court has long recognized a limit to the clause: a defendant's right against double jeopardy is violated only in the case of two prosecutions by the same sovereign. Because the... 2019  
David Simson Fool Me Once, Shame on You; Fool Me Twice, Shame on You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy 56 Houston Law Review 1033 (Spring, 2019) Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory--a social... 2019  
Anthony J. Colangelo Gamble, Dual Sovereignty, and Due Process 2019 Cato Supreme Court Review 189 (2018-2019) The Constitution's Double Jeopardy Clause is an analytically gnarly beast. What seems like a fairly straightforward prohibition on multiple prosecutions for the same crime turns out to be a bramble bush of doctrinal twists and snarls. At the center is the so-called dual sovereignty doctrine. This principle holds that separate sovereigns (for... 2019  
Julian Nyarko Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements 113 American Journal of International Law 54 (January, 2019) Scholars have argued that Senate-approved treaties are becoming increasingly irrelevant in the United States, because their role can be fulfilled by their close but less politically costly cousin, the congressional-executive agreement. This study demonstrates that treaties are more durable than congressional-executive agreements, supporting the... 2019  
Dessa Reimer Herrera v. Wyoming 42-DEC Wyoming Lawyer 20 (December, 2019) In May 2019, the U.S. Supreme Court decided Clayvin Herrera v. Wyoming, 139 S.Ct. 1686 (2019). The case is remarkable not only for its procedural history (how often do Wyoming district court decisions go up on direct appeal to the U.S. Supreme Court?), but also for its holding--that the Crow Tribe's hunting right survived Wyoming's statehood, and... 2019  
Pilar G. Mendez Imprisoned Hispanic/latinx Individuals Need Access to Culturally Competent Mental Health Treatment 28 Annals of Health Law Advance Directive 157 (Spring, 2019) Before I built a wall I'd ask to know, What I was walling in or walling out.--Robert Frost, Mending Wall Four-in-ten Hispanic/Latinx individuals living in the United States said that they had serious concerns about their place in Trump's America after the 2016 election. One research study found that President Trump's immigration policies have... 2019  
Frank Griffin, M.D., J.D. Improving Health Outcomes and Lowering Costs: Attorneys as Proactive, Paid Providers Treating Social Determinants of Health 71 Rutgers University Law Review 795 (Spring, 2019) Innovative and emerging value-based delivery models should include attorneys as health care team members to treat the social determinants of health. Social determinants of health (SDH) are non-medical conditions that can produce or undermine health and include basic human needs like economic status, housing, nutrition, employment, and similar... 2019  
Abigail D. Pershing Interpreting the Outer Space Treaty's Non-appropriation Principle: Customary International Law from 1967 to Today 44 Yale Journal of International Law 149 (Winter, 2019) Introduction. 149 I. Original Interpretation of the Non-Appropriation Principle Under Customary International Law. 151 A. An Introduction to the Outer Space Treaty. 151 B. An Introduction to Customary International Law in Space. 153 C. The Original Meaning Ascribed to the Non-Appropriation Principle. 154 II. The First Shift in Customary... 2019  
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