| Author | Title | Citation | Summary | Year | Key Terms |
| Frédéric Mégret |
ARE THERE "INHERENTLY SOVEREIGN FUNCTIONS" IN INTERNATIONAL LAW? |
115 American Journal of International Law 452 (July, 2021) |
Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very... |
2021 |
Yes |
| Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankruptcy Developments Journal 325 (2021) |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
Yes |
| |
BRAZILIAN TAX AUTHORITY RULES AGAINST WITHHOLDING TAX ON CROSS-BORDER INSURANCE PREMIUMS |
32 Journal of International Taxation 06 (December, 2021) |
In Private Letter Ruling (PLR) No. 138 of 20 September 2021, the Brazilian Tax Authority provided welcome guidance as it ruled that, under the rules of the Brazil-Norway double tax treaty, withholding tax does not apply to insurance premiums paid to a Norwegianinsurance company without a permanent establishment in Brazil. A Brazilian resident... |
2021 |
Yes |
| Taylor Henshaw, Richard Kyle Paisley, Glen Hearns |
BUILDING CLIMATE CHANGE AND ECOSYSTEM-BASED FUNCTION CONSIDERATIONS INTO A MODERNIZED COLUMBIA RIVER TREATY: A COMMENTARY |
57 Idaho Law Review 151 (2021) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 151 II. THE COLUMBIA RIVER BASIN. 153 III. THE COLUMBIA RIVER TREATY. 154 IV. BUILDING CLIMATE CHANGE CONSIDERATIONS INTO THE CRT. 155 V. BUILDING ECOSYSTEM FUNCTION INTO THE CRT. 167 |
2021 |
Yes |
| Dr. Xu Qian |
CAN INFRINGEMENTS ON FREEDOM OF EXPRESSION AMOUNT TO INVESTMENT TREATIES VIOLATIONS? REFLECTIONS ON THE AL JAZEERA v. EGYPT DISPUTE |
66 Wayne Law Review 483 (Winter, 2021) |
484 I. Introduction. 485 II. The Question of the ICSID Arbitral Tribunal's Jurisdiction. 491 A. Some Potential Objections to Jurisdiction. 492 1. Criminal Issue--The Subject Matter of the Dispute (Jurisdiction Ratione Materiae). 493 a. The Dispute. 494 b. The Legal Nature of the Dispute. 494 c. The Directness of the Dispute in Relation to... |
2021 |
Yes |
| Ben Covington |
CLOSING THE TOUHY GAP: THE APA, THE FRCP, AND NONPARTY DISCOVERY AGAINST FEDERAL ADMINISTRATIVE AGENCIES |
121 Columbia Law Review 369 (March, 2021) |
In the 1951 case United States ex rel. Touhy v. Ragen, the Supreme Court determined that courts can't hold federal agency officials in contempt for refusing to comply with nonparty subpoenas if they do so pursuant to valid agency regulations. Though the Court suggested that litigants could still challenge these noncompliance decisions, it didn't... |
2021 |
Yes |
| Andrew D. Cliburn , Hillary M. Hoffmann |
COMING HOME AGAIN: TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL FOR ENDEMIC. WILDLIFE REINTRODUCTION |
12 Arizona Journal of Environmental Law & Policy 1 (Fall, 2021) |
Despite centuries of federal and state policies that have resulted in extinction or endangerment for multitudes of wildlife species with cultural, ecological, and historical significance to Indigenous nations throughout the United States, many tribes have begun to attempt wildlife reintroduction in and near Indian Country, with or without federal... |
2021 |
Yes |
| Elizabeth Pollman |
CORPORATE PERSONHOOD AND LIMITED SOVEREIGNTY |
74 Vanderbilt Law Review 1727 (November, 2021) |
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and... |
2021 |
Yes |
| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
Yes |
| William Crowder Gaskins, Jr. |
EXHAUSTION REQUIREMENTS AND DISPUTE RESOLUTION REFORM IN BILATERAL INVESTMENT TREATIES |
49 Georgia Journal of International and Comparative Law 371 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 373 A. Contemporary Issues in International Investment Law: The ISDS Regime. 374 B. The Rule of Local Remedies. 378 II. BITs Status Quo. 380 A. Geopolitical and Geo-Economic Forces Guiding BITs from 1994 to 2015. 380 B. Policy Interests at Stake. 382 i. Economic Protectionism. 382 ii. Legitimacy Crisis. 382... |
2021 |
Yes |
| |
FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
Yes |
| |
FEDERAL INDIAN LAW--TRIBAL SOVEREIGNTY--SEVENTH CIRCUIT HOLDS THAT ONEIDA NATION REMAINS INTACT.--ONEIDA NATION v. VILLAGE OF HOBART, 968 F.3D 664 (7TH CIR. 2020) |
134 Harvard Law Review 1583 (February, 2021) |
From 1887 to 1934, Congress sought to partition collective tribal landmasses into fee simple, individually owned plots; meanwhile, it made unclaimed reservation lands available to the general public under homesteading laws and other disposal statutes. The result was the checkerboarding of Indian country, which left reservation land interspersed... |
2021 |
Yes |
| Marianne M. Jennings |
FROM THE COURTS |
49 Real Estate Law Journal 224 (Winter, 2021) |
Fee simples entered back into the high court's lingo recently, but only on the heels of a sexual assault case. Reread that first sentence because its combination of words seems unfathomably possible. The decision in McGirt v. Oklahoma is a study in land rights, criminal law, sovereignty, abandonment, assumptions, sloppy documentation, and, of... |
2021 |
Yes |
| Adam Crepelle |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
2021 |
Yes |
| Elly Kugler, Kyra Perrigo |
HUD'S COLLABORATION WITH TRIBAL NATIONS TO RESPOND TO COVID-19 |
30 Journal of Affordable Housing & Community Development Law 1 (2021) |
The U.S. Department of Housing and Urban Development (HUD) has a long-standing mandate to administer funding that it provides to federally recognized tribal nations in support of those nations' sovereignty and in recognition of the U.S. government's trust and treaty responsibilities. Many of these programs have been instrumental in assisting tribal... |
2021 |
Yes |
| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
Yes |
| Catherine Meyer |
IN RE PENNEAST PIPELINE CO.: THE THIRD CIRCUIT PROVIDES OPPORTUNITY TO STATES HOPING TO BAN PIPELINE CONSTRUCTION |
34 Tulane Environmental Law Journal 385 (Summer, 2021) |
I. Overview. 385 II. Background. 387 A. Eminent Domain. 387 B. State Sovereign Immunity. 388 C. Potential Exceptions to Eleventh Amendment Immunity. 390 III. Court's Decision. 391 IV. Analysis. 395 V. Conclusion. 398 |
2021 |
Yes |
| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
Yes |
| Rebekah Ross |
LET INDIANS DECIDE: HOW RESTRICTING BORDER PASSAGE BY BLOOD QUANTUM INFRINGES ON TRIBAL SOVEREIGNTY |
96 Washington Law Review 311 (March, 2021) |
American immigration laws have been explicitly racial throughout most of the country's history. For decades, only White foreign nationals could become naturalized citizens. All racial criteria have since vanished from the Immigration and Nationality Act (INA)--all but one. Section 289 of the INA allows American Indians born in Canada to... |
2021 |
Yes |
| Barbara Zaragoza |
MILITARIZED PICNICS: A COMPARATIVE ANALYSIS OF PEACE PARKS AT THE U.S.-MEXICO AND U.S.-CANADIAN BORDERS |
51 California Western International Law Journal 457 (Spring, 2021) |
C1-2Table of Contents Introduction. 458 I. The Borderlands of the United States: Two Parks, Two Boundaries, Two Regulatory Agencies. 462 A. Peace Parks at the Borderlands. 462 1. Peace Arch Park. 464 2. Friendship Park. 467 B. The Sovereign State and the Creation of Borders. 473 1. The United States-Canadian Border. 473 2. The International... |
2021 |
Yes |
| Katherine M. Cole |
NATIVE TREATIES AND CONDITIONAL RIGHTS AFTER HERRERA |
73 Stanford Law Review 1047 (April, 2021) |
Due to the complex and often troubled history of relations between the United States and Native nations, special rules apply when courts interpret Native treaties. For example, when interpreting the scope of treaty rights, courts apply a unique set of canons of construction generally favoring the Native nations. Further, before courts... |
2021 |
Yes |
| Ross Ballantyne |
ONCE BITTEN, TWICE SHY: THE SUPREME COURT'S MISGUIDED DOUBLING DOWN ON THE DUAL SOVEREIGNS EXCEPTION TO THE FIFTH AMENDMENT'S DOUBLE JEOPARDY CLAUSE |
26 Suffolk Journal of Trial and Appellate Advocacy 49 (2020-2021) |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life... |
2021 |
Yes |
| Angelique EagleWoman , (Wambdi A. Was'teWinyan) |
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION |
47 Mitchell Hamline Law Review 640 (April, 2021) |
I. Introduction. 641 II. Doctrine of Discovery, British Treaty-Making to U.S. Treaty-Making. 642 A. The Treaty of Niagara in 1764. 645 B. British Colonies form the United States of America. 647 III. Permanent Homelands and Treaty Relationships. 648 A. U.S. Constitution and Tribal Nations. 649 B. Status of American Indians and Imposition of U.S.... |
2021 |
Yes |
| Robin M. Rotman , Ashley A. Hollis , Kathleen M. Trauth |
REALIGNING THE CLEAN WATER ACT: COMPREHENSIVE TREATMENT OF NONPOINT SOURCE POLLUTION |
48 Ecology Law Quarterly 115 (2021) |
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of... |
2021 |
Yes |
| Katherine Mims Crocker |
RECONSIDERING SECTION 1983'S NONABROGATION OF SOVEREIGN IMMUNITY |
73 Florida Law Review 523 (May, 2021) |
Motivated by civil unrest and the police conduct that prompted it, Americans have embarked on a major reexamination of how constitutional enforcement works. One important component is 42 U.S.C. § 1983, which allows civil suits against any person who violates federal rights. The U.S. Supreme Court has long held that person excludes states... |
2021 |
Yes |
| Elizabeth Ann Kronk Warner |
RENEWABLE ENERGY DEPENDS ON TRIBAL SOVEREIGNTY |
69 University of Kansas Law Review 809 (June, 2021) |
Ten years ago, I wrote an article examining the development of renewable energy projects in Indian country. Over the past ten years, many things related to renewable energy development in Indian country have changed, but some things remain unchanged. With the advantage of hindsight, it is now easier to glean trends from projects that have been... |
2021 |
Yes |
| Jamison E. Colburn |
RETHINKING THE SUPREME COURT'S INTERSTATE WATERS JURISPRUDENCE |
33 Georgetown Environmental Law Review 233 (Winter, 2021) |
C1-2Table of Contents Introduction. 233 I. Doctrinal Confluence: State Dignity, Equity, and Shared Waters. 236 A. Sovereign into Quasi-Sovereign Interests: Of Dignified Tribunals. 236 1. Dignified Tribunal: A Forum of State-State Controversies. 237 2. The Equitable Action. 241 3. Equity's Burdens. 244 B. Remedial Bootstraps: Equity Making the Law?.... |
2021 |
Yes |
| Emily N. Donahoe |
RISING SEAS AND RISING TENSIONS: ENCOURAGING MANAGED RETREAT STRATEGIES DURING THE CALM BETWEEN STORMS |
12 George Washington Journal of Energy & Environmental Law 65 (Spring, 2021) |
Millions of U.S. residents face an increasing risk of property loss due to sea level rise, repeated flooding, and climate disasters. As the ocean washes away waterfront towns, residents and government officials are faced with a difficult question: how will the nation choose to protect its most vulnerable communities from the inevitable effects of... |
2021 |
Yes |
| Alexander Schultz |
SOVEREIGN IMMUNITY AND THE TWO TIERS OF ARTICLE III |
29 George Mason Law Review 287 (Fall, 2021) |
It is time to return sovereign immunity doctrine to the Constitution's text. To that end, this Article resurrects the forgotten extension of the judicial Power to all Cases of federal question, admiralty, and ambassadorial jurisdiction, but merely to [some] Controversies between individuals and States (and five other categories of... |
2021 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
SOVEREIGN LANDS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 499 (December, 2021) |
C1-2Table of Contents I. Introduction. 499 II. Federal Regulatory Developments. 500 A. Amendments. 500 B. New Rules. 502 III. Judicial Developments. 503 A. Moratorium on Federal Leases. 503 B. The Waste Prevention Rule. 504 C. Subject Matter Jurisdiction Under the Indian Tucker Act. 505 |
2021 |
Yes |
| Jeremy Rabkin |
SOVEREIGNTY AS A BRAKE ON NATIONALISM |
17 University of Saint Thomas Law Journal 611 (Fall, 2021) |
Even before the coronavirus pandemic, there were loud protests against globalism or globalization--terms that seemed to denote (to critics) the erasure of national boundaries. Such protests were often characterized as nationalist. Sometimes they were described as protests against threats to national sovereignty. The rhetoric might seem... |
2021 |
Yes |
| Theresa Rocha Beardall, J.D., Ph.D. |
SOVEREIGNTY THREAT: LOREAL TSINGINE, POLICING, AND THE INTERSECTIONALITY OF INDIGENOUS DEATH |
21 Nevada Law Journal 1025 (Spring, 2021) |
In March 2016, Loreal Tsingine, a twenty-seven-year-old Diné mother living in Winslow, Arizona, was killed by Officer Austin Shipley. After two investigations insinuated that Shipley was justified in using fatal force to take Ms. Tsingine's life, the Navajo Nation filed two suits in federal court: one against the city claiming that the Winslow... |
2021 |
Yes |
| Darrah Blackwater |
SPECTRUM SOVEREIGNTY |
57-AUG Arizona Attorney 50 (July/August, 2021) |
The Legend of Turquoise Boy tells a tale of a Diné boy who seeks to make life easier for his people by helping them get from place to place efficiently. Turquoise Boy, son of Changing Woman, takes a harrowing journey across a rainbow bridge to seek help from his father, Tsohanoai, or Sun Bearer. At first, Sun Bearer does not help the boy. I travel... |
2021 |
Yes |
| Dillon Dobson |
SUSTAINABLE RED POWER: TRIBAL ENERGY SOVEREIGNTY AND THE WAY FORWARD |
12 Arizona Journal of Environmental Law & Policy 40 (Fall, 2021) |
Tribes are not vestiges of the past, but laboratories of the future. Vine Deloria Jr. This article will examine how tribes can synthesize Indigenous ingenuity and federal self-determination policy to strengthen their cultural and political institutions by developing sophisticated solar-based microgrids and leveraging blockchain technology. This... |
2021 |
Yes |
| Jennifer Danis , Michael Bloom |
TAKING FROM STATES: SOVEREIGN IMMUNITY'S PRECLUSIVE EFFECT ON PRIVATE TAKINGS OF STATE LAND |
32 Stanford Law and Policy Review 59 (February, 2021) |
The core of a state is its physical presence and dominion over its land. States are now battling to maintain their dignity as sovereigns, while traditional tools essential to federalism risk erosion. Private actors, ostensibly empowered by the federal government to condemn land through eminent domain, threaten state sovereignty by attempting to... |
2021 |
Yes |
| Jake Reimer |
TERMINATION: A SOLUTION TO CANADIAN ENTITLEMENT VALUATION DISPUTES |
22 Oregon Review of International Law 223 (2021) |
Introduction. 224 I. Treaty Basics. 225 A. Treaty Entities. 225 B. Treaty Goals and Considerations. 226 C. The Canadian Entitlement and Its Importance. 228 D. Calculating Power Benefits. 229 E. Expiring Flood Control Provision. 231 1. Assured Versus Called-Upon Flood Control. 231 2. What Constitutes a Flood?. 233 F. CRT Termination, Boundary Waters... |
2021 |
Yes |
| Trillium Chang |
THE CHINESE EXCLUSION CASES AND POLICING IN THE FOURTH AMENDMENT-FREE ZONE |
73 Stanford Law Review Online 209 (September, 2021) |
In the United States, there are two types of borders. The first type is the one politicians talk and debate about: tall fences surrounded by barbed wire jutting out of the dirt. The second type is hidden in plain sight. It extends 100 miles inland from all sea and land borders and covers two-thirds of the U.S. population, from New York, to Chicago,... |
2021 |
Yes |
| Mitra V. Yazdi |
THE DIGITAL REVOLUTION AND THE DEMISE OF DEMOCRACY |
23 Tulane Journal of Technology and Intellectual Property 61 (Spring, 2021) |
I. Introduction. 61 II. Internal Threats--Hate Speech, Anonymization, and Undue Influence. 62 III. External Threats--Disinformation, Destabilization, and the Cyber Warfare. 70 IV. Democratic Responses--Deficiencies of Speed, Scale, and Sustatnability. 78 V. Authoritarianism, Cyber Sovereignty, and Reassertion of State Control. 88 VI. Conclusion. 98 |
2021 |
Yes |
| Ilias Bantekas |
THE EMERGING UN BUSINESS AND HUMAN RIGHTS TREATY AND ITS CODIFICATION OF INTERNATIONAL NORMS |
12 George Mason International Law Journal 1 (Fall, 2021) |
The 2019 and 2020 versions of the draft Business and Human Rights Treaty (BHR Treaty) signal a move away from soft law and self-regulation for multinational corporations (MNCs) and entities engaged in transnational business activities. There is some resistance to the treaty from industrialized states, although they have failed to tackle root causes... |
2021 |
Yes |
| Michael Benjamin Smith |
THE FEDERAL PUBLIC TRUST DOCTRINE OF ILLINOIS CENTRAL: THE MISUNDERSTOOD LEGACY OF APPLEBY v. CITY OF NEW YORK |
51 Environmental Law 515 (Summer, 2021) |
The public trust doctrine imposes obligations and restrictions on governments in their exercise of sovereign power over property and resources of great public value. For environmental plaintiffs alleging that the federal government has breached its fiduciary obligation as a steward of natural resources, the vitality of the public trust doctrine... |
2021 |
Yes |
| Jonathan W. Reiswig |
THE IMPACT OF RCRA AND MCGIRT ON TRIBAL SOLID WASTE REGULATIONS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 1 (August, 2021) |
C1-2Table of Contents I. Introduction. 2 II. Background. 3 A. Tribal Sovereignty and Jurisdiction. 3 1. Tribal Civil Regulatory Jurisdiction. 5 2. Tribal Civil Adjudicatory Jurisdiction. 6 3. Tribal Criminal Jurisdiction. 7 4. Public Law 280. 8 B. Environmental Federalism. 9 1. Federal Environmental Regulation Background. 10 2. Tribes and... |
2021 |
Yes |
| Lauren King |
THE INDIAN TREATY CANON AND MCGIRT v. OKLAHOMA: RIGHTING THE SHIP |
56 Tulsa Law Review 401 (Spring, 2021) |
I. Introduction. 401 II. The Disparate Standards for Treaty Right Abrogation. 402 A. The Indian Canons. 402 B. The High Bar for Abrogation of Treaty Usufructuary Rights. 403 C. The Solem Standard for Abrogation of Treaty Rights to a Homeland. 405 III. McGirt Corrects the Test for Treaty Rights Abrogation, Rejecting Consideration of Extratextual... |
2021 |
Yes |
| Lorianne Updike Toler |
THE MISSING INDIAN AFFAIRS CLAUSE |
88 University of Chicago Law Review 413 (March, 2021) |
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... |
2021 |
Yes |
| William Baude , Stephen E. Sachs |
THE MISUNDERSTOOD ELEVENTH AMENDMENT |
169 University of Pennsylvania Law Review 609 (February, 2021) |
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, and the unwritten doctrines of state sovereign immunity, as one and the same--reading broad principles into its precise words, or treating the written Amendment as merely illustrative of... |
2021 |
Yes |
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
Yes |
| Fred O. Smith, Jr. |
THE OTHER ORDINARY PERSONS |
78 Washington and Lee Law Review 1071 (Summer, 2021) |
If originalism aims to center the original public meaning of text, who constitutes the public? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American... |
2021 |
Yes |
| Kirsty Gover |
THE POTENTIAL IMPACT OF INDIGENOUS RIGHTS ON THE INTERNATIONAL LAW OF NATIONALITY |
115 AJIL Unbound 135 (2021) |
International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, [w]ill international law... |
2021 |
Yes |
| Kate Sablosky Elengold, Jonathan D. Glater |
THE SOVEREIGN SHIELD |
73 Stanford Law Review 969 (April, 2021) |
As the federal government has come to rely increasingly on private companies to perform government functions, more businesses are testing the power of the resulting contractual relationships to shield themselves from liability, regulation, and oversight. Such nongovernmental entities seek the benefit of what we call the federal... |
2021 |
Yes |
| Jane Perkins, Sarah Somers, Abigail Coursolle |
THE SUPREME COURT REINFORCES BARRIERS TO COURT ACCESS: CASES FROM THE 2019-2020 TERM |
13 Northeastern University Law Review 575 (May, 2021) |
Introduction 577 I. State Sovereign Immunity 579 II. Stating Claims for Discrimination 583 A. Comcast Corporation v. National Association of African-American Owned Media 583 B. Babb v. Wilkie 584 III. Statutory Interpretation 587 A. Bostock v. Clayton County, Georgia 587 B. County of Maui v. Hawai'i Wildlife Fund 588 C. United States Forest Service... |
2021 |
Yes |
| Daniel Peat |
THE TYRANNY OF CHOICE AND THE INTERPRETATION OF STANDARDS: WHY THE EUROPEAN COURT OF HUMAN RIGHTS USES CONSENSUS |
53 New York University Journal of International Law & Politics 381 (Winter, 2021) |
I. Introduction. 382 II. The Tyranny of Choice. 386 A. The Effects of Choice Overload. 387 B. The Tyranny of Standards. 390 III. The Consensus Doctrine. 399 A. Interpretation Step Zero. 402 B. Consensus as Consent. 406 C. Consensus as Legitimacy. 407 D. Consensus as Epistemology. 413 IV. Choice Overload and Treaty Interpretation. 416 A.... |
2021 |
Yes |