AuthorTitleCitationSummaryYearKey Terms
Jordan Smith An Examination of the Need for Campaign Finance Reform Through the Lens of the United States Treaty Clause and Environmental Protection Treaties 43 William and Mary Environmental Law and Policy Review 299 (Fall, 2018) The United States' federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and... 2018  
Peter Margulies Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration 2018 Michigan State Law Review Rev. 1 (2018) C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... 2018  
David Todd Beneath Sovereignty: Extraterritoriality and Imperial Internationalism in Nineteenth-century Egypt 36 Law and History Review 105 (February, 2018) At 11:00 a.m. on September 2, 1873, to enforce a decision from the Cairo Majlis al-Tujjr (commercial tribunal), a dozen Egyptian police officers affixed seals on a beerhouse in the city's Azbakeya gardens. For two years, the beerhouse's leaseholder, Joseph Escoffier, and, after his death in December 1871, his widow Delphine, née Golf, had refused... 2018  
Kevin E. Noonan , Andrew W. Torrance Biotechnology Patent Law Top Ten of 2018 Broad Wins, Sovereignty Loses, and Patent Dance 52 Akron Law Review 637 (2018) Abstract. 639 I. Introduction. 640 II. The 2018 Top Ten in Biotechnology Patent Law. 641 A. Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. (Fed. Cir. 2018) (Panel: Circuit Judges Newman, Dyk, and Taranto; opinion by Judge Taranto; dissenting opinion by Judge Newman).. 641 B. Berkheimer v. HP Inc. (Fed. Cir. 2018) (Panel: Circuit Judges... 2018  
Andrew Rome Black Snake on the Periphery: the Dakota Access Pipeline and Tribal Jurisdictional Sovereignty 93 North Dakota Law Review 57 (2018) [W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as... 2018 Yes
Erika George , Elizabeth Thomas Bringing Human Rights into Bilateral Investment Treaties: South Africa and a Different Approach to International Investment Disputes 27 Transnational Law & Contemporary Problems 403 (Summer, 2018) I. Introduction. 404 II. Global South-South Cooperation: The Evolution of an African-Asian Alliance. 409 A. The Emergence of an African-Asian Economic Alliance. 409 B. The Role of BITs in International Investment Systems. 416 C. China's Evolving Approach to BITs. 417 D. South Africa's Evolving Approach to BITs. 419 E. The South African Development... 2018  
Katherine Sochacki Cedaw and Treaty Compliance: Promoting Access to Modern Contraception 51 Vanderbilt Journal of Transnational Law 659 (March, 2018) Modern contraception is widely recognized as a crucial component of family planning services and is recognized as a reproductive right under international human rights law. However, unmet need for contraception remains high, as many women in the developing world lack access to family planning services. This Note examines the role of the Committee... 2018  
Martha G. Vázquez Clipping the Wings of Industry: Uncertainty in Interpretation and Enforcement of the Migratory Bird Treaty Act 74 Washington and Lee Law Review Online 281 (4/2/2018) C1-3Table of Contents I. Introduction. 282 II. The Migratory Bird Treaty Act. 287 A. The Birth of the Migratory Bird Treaty Act. 287 B. The Migratory Bird Treaty Act. 289 1. Construction of the Migratory Bird Act. 291 2. The Problem with Taking. 294 C. Modern Threats and Modern Industry. 295 III. Current Legal Landscape. 299 A. Judicial... 2018  
Philip G. Dabbagh Compacts of Free Association-type Agreements: a Life Preserver for Small Island Sovereignty in an Era of Climate Change? 24 Hastings Environmental Law Journal 431 (Summer, 2018) One of the most existential threats posed by climate change is the threat posed to the number of small island states scattered around the world's oceans. Given the fact that many of these countries are low-lying and have average elevations in the single digit of meters, sea level rise of even a few meters over the coming decades and centuries runs... 2018  
Paul B. Stephan Competing Sovereignty and Laws' Domains 45 Pepperdine Law Review 239 (February, 2018) We live in a world of multiple sovereignties. Many think of nation-states as the principal sovereign actors, but sovereign substates and international institutions created by states also hold sway. Each claims a domain, an area (spatial, temporal, conceptual) over which it rules. Ruling includes adopting and applying law. When domains overlap, laws... 2018  
Michalyn Steele Congressional Power and Sovereignty in Indian Affairs 2018 Utah Law Review 307 (2018) The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,... 2018 Yes
Rob Roy Smith Contract Waivers for Tribal Sovereign Immunity: What Every Idaho Attorney Needs to Know 61-APR Advocate 28 (March/April, 2018) You've negotiated thousands of contracts in your career. You're convinced you can draft a binding contract between an Indian tribe and a non-Indian business. You may want to think again. Whether you represent an Indian tribe or seek to do business with a tribe, a basic understanding of tribal sovereign immunity is critical. Working with tribes can... 2018 Yes
Venetia Argyropoulou Convergence and Divergence Between International Investments Law and Human Rights Law, in the Context of the Greek Sovereign Debt Restructuring 11 Journal of Business, Entrepreneurship and the Law 165 (2018) Abstract. 166 I. Sovereign Debt Default and International Investment Treaties. 167 II. Sovereign Debt Default and Human Rights. 168 III. The Factual Background of the Greek Default. 170 A. The Greek Financial Crisis. 170 1. The Economic Situation in Greece. 170 B. GGB's Spreads, 1993-2011. 171 1. The Way to the Haircuts. 173 i. The First Haircut.... 2018  
Sadie Blanchard Courts as Information Intermediaries: a Case Study of Sovereign Debt Disputes 2018 Brigham Young University Law Review 497 (2018) It's well known there's always two sides, if no more; else who'd go to law, I should like to know? --George Eliot, Middlemarch (1872) When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment.... 2018  
Christopher B. Chaney Data Sovereignty and the Tribal Law and Order Act 65-APR Federal Lawyer 22 (April, 2018) The provision of criminal justice services in Indian country is a key aspect of tribal sovereignty. These services, which may include policing, investigations, courts, corrections, sex offender registration, and probation/parole, are vital to the safety, vitality, and economic security of all communities. With the rapid development of technology in... 2018 Yes
Kevin M. Clermont Degrees of Deference: Applying Vs. Adopting Another Sovereign's Law 103 Cornell Law Review 243 (January, 2018) Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors' obligatory application of state law and their voluntary adoption of state law as federal law. This Article's thesis is that this significant distinction holds in all other situations where a sovereign employs another's law: not only in the analogous... 2018  
Sherod Thaxton Disentangling Disparity: Exploring Racially Disparate Effect and Treatment in Capital Charging 45 American Journal of Criminal Law 95 (Spring, 2018) One hundred and thirty years ago, in Yick Wo v. Hopkins, the U.S. Supreme Court ruled that racially discriminatory enforcement of facially-neutral laws violated defendants' equal protection rights. Since then, a voluminous body of research has documented persistent and unjustified racial disparities in charging and sentencing. Yet not a single... 2018  
Matthew C. Canfield Disputing the Global Land Grab: Claiming Rights and Making Markets Through Collaborative Governance 52 Law and Society Review 994 (December, 2018) As transnational movements contest economic inequalities and demand inclusion into global decision-making processes, new models of collaborative governance have proliferated. Promoters of this new mode of governance suggest that it can produce win-win solutions through inclusive, consensus-based processes, if these arenas of governance account... 2018  
Mary Kathryn Nagle Environmental Justice and Tribal Sovereignty: Lessons from Standing Rock 127 Yale Law Journal Forum 667 (1/20/2018) ABSTRACT. The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding... 2018 Yes
Qingxiu Bu Extraterritorial Jurisdiction Vis-à-vis Sovereignty in Tackling Transnational Counterfeits: Between a Rock and a Hard Place? 100 Journal of the Patent and Trademark Office Society 69 (2018) Transnational counterfeiting has grown tremendously with the increasing interdependence of global economy. The process of illicit financial flow has outpaced the growth of mechanisms for global governance, and the resultant deficiency produces regulation vacuum where the cross-border crime can thrive. It is very necessary to consider the effect of... 2018  
Ying Zhu Fair and Equitable Treatment of Foreign Investors in an Era of Sustainable Development 58 Natural Resources Journal 319 (Summer, 2018) The long-existing debate surrounding the environmental impacts of investment liberalism has been intensified by the rapid growth of an international investment regime, which now consists of more than 3,000 international investment agreements (IIAs) and more than 700 investor-state arbitration cases. Many scholars, states, and non-governmental... 2018  
Deborah Zalesne , Adam Dexter From Marriage to Households: Towards Equal Treatment of Intimate Forms of Life 66 Buffalo Law Review 909 (August, 2018) When the civil magistrate sought to justify his reign, he preached to the people that under his rule they are free and equal: free to pursue their conceptions of the good life and equal under the law. For word of the good news to reach the people, the civil magistrate invited citizens from each community under his jurisdiction to hear him preach:... 2018  
Elizabeth A. Clark Headscarf Bans, Equal Treatment, and Minority Integration in the Workplace 93 Notre Dame Law Review Online 69 (2018) Andrea Pin's Essay on the Achbita and Bougnaoui cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies. The European Court of Justice's (ECJ) rulings in these cases are also in tension with the court's own discrimination law and... 2018  
Ryan Hickey Highway Culverts, Salmon Runs, and the Stevens Treaties: a Century of Litigating Pacific Northwest Tribal Fishing Rights 39 Public Land & Resources Law Review 253 (2018) I. Introduction. 254 II. Early Treaty Years and Origins of Conflict. 256 III. The Tribes Take on the State. 258 IV. The Ninth Circuit's 2016-2017 Decision. 263 A. A duty to protect salmon populations and habitat. 263 B. The United States did not waive its ability to allege a Treaty violation. 264 V. From Circuit to Supreme: Exhausting Remedies and... 2018 Yes
Ray A. Knight and Lee G. Knight How Do Partnerships Treat Options, Short Sales, and Unmatured Claims? 128 Journal of Taxation 34 (May, 2018) Although the partnership rules may seem straightforward, partners should consult with a tax professional to avoid any surprising tax consequences. Partners and partnerships may think that their partnership interests are flexible and adaptable to most situations. Thus, when they transfer property to partnerships or when the partnerships enter into... 2018  
Morgan Medders How the Ninth Circuit Severed the Indian Civil Rights Act from Federal Habeas Corpus Precedent under the Guise of Tribal Sovereignty 42 American Indian Law Review 423 (2018) Two competing interests dominate the interplay between federal Indian law and individual civil rights. On one hand, the U.S. government uplifts tribal sovereignty and recognizes the importance of tribal self-governance, and nowhere is this more special than setting the guidelines for tribal membership. On the other hand, the individual liberties... 2018 Yes
Michelle Bone Immunity Inconsistency at the Patent and Trademark Office: a Case Study for Sovereign Immunity in Administrative Adjudications 21 University of Pennsylvania Journal of Constitutional Law 613 (December, 2018) Sovereign entities, such as states, foreign countries, and Native American tribes, are able to assert, as a defense in civil suits, sovereign immunity, stemming from a traditional understanding that sovereign entities should not be sued by citizens and other private entities, foreign or domestic. However, the law places limitations on when... 2018  
  Income from Selling Gravel Not Exempt under Seneca Indian Treaties 100 Practical Tax Strategies 43 (April, 2018) In Perkins, 150 TC No. 6 (2018), the Tax Court analyzed two treaties with the Seneca Indian Nation and determined that income earned by a Seneca Indian from selling gravel mined on Seneca land was not exempt from taxation under those treaties. The taxpayers, Mr. and Mrs. Perkins, enrolled members of the Seneca Nation, removed gravel from Seneca... 2018 Yes
Fadi Shaheen Income Tax Treaty Aspects of Nonincome Taxes: the Importance of Residence 71 Tax Law Review 583 (Spring, 2018) Despite the proposals over the past several decades to replace or supplement the income tax with one type or another of nonincome taxes, until recently the discussion of income tax treaty aspects of such proposals has been very limited. Treaty scholars have dismissed as hopeless the treaty compatibility prospects of the proposals or have dismissed... 2018  
John Mukum Mbaku International Law and Limits on the Sovereignty of African States 30 Florida Journal of International Law 43 (August, 2018) Since the end of the Cold War, there has been an acceleration in globalization, a process that has resulted in significant increases in interaction between peoples and nations. As a consequence, it has become increasingly difficult for national governments to have full control over what happens within their territorial boundaries. In fact,... 2018  
Artemio Rivera Interpreting Extradition Treaties 43 University of Dayton Law Review 201 (Spring, 2018) It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past. -Justice Oliver Wendell Holmes I. Introduction. 202 II. Extradition Treaties... 2018  
Karl M.F. Lockhart Investment Treaties, Offshore Finance, and the Resource Curse 59 Boston College Law Review 2663 (November, 2018) Abstract: Questions of how best to understand offshore financial centers (OFCs)--countries that have low or zero tax rates, strong banking secrecy regulation, and easy-to-form legal entities--and what, if anything, the international community should do about them remain fixed on the agenda of national and international discourse. This Essay seeks... 2018  
George A. Croton It's Always Windy in Mccain Valley: Vicarious Liability under the Migratory Bird Treaty Act 69 Hastings Law Journal 647 (February, 2018) This Note considers whether a federal agency that grants a license, lease, or permit to a wind farm developer can thereafter be held vicariously liable for the developer's violations of the Migratory Bird Treaty Act's (MBTA) take provisions. It concludes by positing that a federal agency can justifiably and logically be held vicariously liable... 2018  
Alessandra Arcuri , Francesco Montanaro Justice for All? Protecting the Public Interest in Investment Treaties 59 Boston College Law Review 2791 (November, 2018) Abstract: Investment arbitration has come increasingly under fire because of its design flaws. There is an emerging consensus that investment treaty arbitration not only falls short of ensuring a sufficient degree of transparency of arbitral proceedings and impartiality of arbitrators, but also that its institutional architecture is unjustifiably... 2018  
Chandra Murdoch, University of Toronto Katrina Jagodinsky, Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946, New Haven: Yale University Press, 2016. Pp. Ix + 352. $30 (Isbn 9780300211689) 36 Law and History Review 435 (May, 2018) In 1864, King S. Woolsey apprehended Lucía Martínez, a Yaqui child who had escaped from the intertribal slave trade in the Sonoran desert. Forced to tend to Woolsey's domestic and sexual demands on his Arizona ranch, Martínez faced a complex web of laws in her long fight to secure freedom for herself and the children she bore there. These laws were... 2018  
Tisa Wenger, Associate Professor of American Religious History, Yale University Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sounds Borderlands, 1854-1946. By Katrina Jagodinsky. New Haven: Yale University Press, 2016. Pp. 352. $40.00 (Cloth). Isbn: 978-0300211689 33 Journal of Law and Religion 125 (April, 2018) At the heart of this innovative and artfully constructed book are six case studies of Native American women from the cultural and legal borderlands of Arizona and Washington. Bringing together the fields of settler colonial and indigenous studies, U.S. western and borderlands history, and the social history of American law, Katrina Jagodinsky makes... 2018  
Andrew Keane Woods Litigating Data Sovereignty 128 Yale Law Journal 328 (November, 2018) Because the internet is so thoroughly global, nearly every aspect of internet governance has an extraterritorial effect. This is evident in a number of high-profile cases that cover a wide range of subjects, including law enforcement access to digital evidence; speech disputes, such as requests to remove offensive or hateful web content;... 2018  
Yu-Jie Chen Localizing Human Rights Treaty Monitoring: Case Study of Taiwan as a Non-un Member State 35 Wisconsin International Law Journal 277 (Spring, 2018) This article calls attention to a fundamental challenge that has been downplayed in current efforts to strengthen the United Nations (UN) human rights treaty body system, namely, the system's insulation and alienation from local stakeholders who are supposed to take part in the processes of monitoring State implementation of treaty obligations. The... 2018  
Dakota S. Rudesill Mirvs Matter: Banning Hydra-headed Missiles in a New Start Ii Treaty 54 Stanford Journal of International Law 83 (Winter, 2018) Nuclear multiple independently-targeted re-entry vehicles (MIRVs) on global-range ballistic missiles are at once Cold War relics, unfinished business of the bilateral arms control regime, and potential threats to strategic stability if the United States and Russia find themselves in a nuclear crisis--a confrontation in which the use of nuclear... 2018  
Adam J. MacLeod Of Brutal Murder and Transcendental Sovereignty: the Meaning of Vested Private Rights 41 Harvard Journal of Law & Public Policy 253 (Winter, 2018) Introduction 254 I. Evolution of the Basic Constitutional Doctrine 258 A. A (Short) History of What It Is 258 B. What It Is Not 265 II. Theoretical Challenges and Their Limitations 273 A. English Positivism 273 B. A Limiting Case: Free English Soil 276 C. Legal Realism 286 D. Persistence of Vested Rights in American Law 290 III. The Focal Meaning... 2018  
Wendy Simon-Pearson One Belt, One Road, One Treaty: China's Energy Security and the Energy Charter Treaty 9 George Washington Journal of Energy & Environmental Law 112 (Fall, 2018) Imagine a world where a rising world power's economy depends upon imported energy resources to produce commodities for export. The legitimacy of the government depends upon the stability of the country's economy. The state has an increasingly powerful but untested navy. However, five trillion dollars in world trade, including a majority of the... 2018  
Elizabeth Anne Reese Or to the People: Popular Sovereignty and the Power to Choose a Government 39 Cardozo Law Review 2051 (August, 2018) To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment as a judicially enforceable limit on federal powers. However, in casting the Tenth Amendment as the states' rights amendment, these textualists have inexplicably glossed over the Tenth Amendment's final four words, which reserve powers to the people. This... 2018  
James Choi Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... 2018 Yes
James Choi Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... 2018 Yes
Brian M. Blumenfeld, J.D., M.A. Pacta Sunt Servanda State Legalization of Marijuana and Subnational Violations of International Treaties: a Historical Perspective 46 Pepperdine Law Review 69 (December, 2018) If we are to be one nation in any respect, it clearly ought to be in respect to other nations.--James Madison, Federalist 42 In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, eight additional states and the District of Columbia have followed suit,... 2018  
Maya Ginga Patently Absurd: Critiquing the Uspto's Disparate Treatment of Tribal and State Immunity in Inter Partes Review 75 Washington and Lee Law Review 1703 (Summer, 2018) C1-3Table of Contents I. Introduction. 1704 II. Introduction to Patent Law. 1715 A. Philosophical Justifications. 1715 B. The Contemporary Patent System. 1718 III. Sovereign Immunity. 1725 A. Tribal Sovereignty. 17285 B. Tribal Economic Liberty and Self-Determination. 1735 C. State Sovereignty. 1736 IV. The Intersection of Intellectual Property and... 2018 Yes
Claudia Azzam Piercing the Tribal Veil: Tribal Sovereign Immunity in the Anomalous Context of the Pharmaceutical Industry 20 Rutgers Race & the Law Review 39 (2018) The pharmaceutical giant, Allergan, recently transferred ownership of its patents covering its blockbuster eye medication for Restasis to a Native American tribe. Allergan did so in an attempt to use the Saint Regis Mohawk Tribe's sovereign immunity to shield its patents from inter partes review, an administrative proceeding conducted by the Patent... 2018 Yes
Paul R. Dubinsky Private Law Treaties and Federalism: Can the United States Lead? 54 Texas International Law Journal 39 (Fall, 2018) C1-2Table of Contents Introduction. 39 I. Historical Background: Federalism and PIL in the United States. 41 II. Federalism's Decline and the Golden Age. 46 III. Federalism and the Third Restatement. 52 IV. The Revival of Federalism After the Third Restatement. 54 V. PIL and Federalism in the Supreme Court (1987-88). 59 VI. Unsuccessful Attempts at... 2018  
Michael C. Blumm , Courtney Engel Proprietary and Sovereign Public Trust Obligations: from Justinian and Hale to Lamprey and Oswego Lake 43 Vermont Law Review Rev. 1 (Fall, 2018) The public trust doctrine (PTD) has sometimes been mischaracterized as applicable only to state-owned resources. But this proprietary PTD is only half of the scope of the PTD, for the doctrine also contains a sovereign component. The latter has been recognized for over a century and is not dependent on state ownership of the public trust res.... 2018  
Laura M. DeGeer Proptech and Due Diligence 20 Lawyers Journal J. 5 (1/5/2018) Technology has rapidly altered the way society interacts and does business. In the real property sector, tech solutions are becoming more prevalent as the industry gains momentum. Web-based leasing programs are a major shift in the realm of commercial real estate that reflects such a tech-focused culture. These and other programs - aptly coined... 2018  
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41