AuthorTitleCitationSummaryYearKey Terms
Nora Sveaass, Felice Gaer, Claudio Grossman Rehabilitation in Article 14 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 51 International Lawyer Law. 1 (2018) Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the... 2018  
Paul Mertenskötter , Richard B. Stewart Remote Control: Treaty Requirements for Regulatory Procedures 104 Cornell Law Review 165 (November, 2018) Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative... 2018  
Marvin L. Astrada Revisiting the Wto Rare Earths Dispute--law, Trade, Sovereignty, & Environmental Security in a Networked World 46 Syracuse Journal of International Law and Commerce Com. 1 (Fall, 2018) INTRODUCTION. 1 I. THE RARE EARTHS DISPUTE: LAW IN INTERNATIONAL RELATIONS. 3 II. A COMPLEX SYSTEMS APPROACH TO INTERNATIONAL RELATIONS: CONCEPTUALIZING & CONTEXTUALIZING THE PRESENT LSSN. 8 III. THE LSSN, THE STATE & THE INTERNATIONAL SYSTEM. 13 IV. THE RARE EARTHS DISPUTE: CONTEXTUALIZING THE LSSN IN A COMPLEX, NETWORKED WORLD. 18 V. THE WTO &... 2018  
Danae Azaria Secret Treaties in International Law and the Faith of States in Decentralized Enforcement 111 AJIL Unbound 469 (2018) The modern law of treaties applies regardless of whether a treaty is publicized. The secrecy of an international agreement does not affect its legal force, nonpublicized agreements may be used in interpreting a publicized treaty, and mere failure to comply with domestic requirements concerning publicity does not invalidate the treaty or a state's... 2018  
Samuel W. Calhoun Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show it Was Never Intended to Separate Religion from Politics 74 Washington and Lee Law Review Online 459 (8/14/2018) This Essay argues that it's perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln's opposition to slavery, shows that religion and... 2018  
Melissa Dixon Sovereign Lands 4 One J: Oil and Gas, Natural Resources, and Energy Journal 481 (September, 2018) C1-2Table of Contents I. Introduction. 481 II. Waste Prevention Rule. 482 III. Fracing Rule. 483 2018  
Xuan-Thao Nguyen Sovereign Patent Funds 51 U.C. Davis Law Review 1257 (April, 2018) C1-2Table of Contents Introduction. 1259 I. From Asia to Europe: Sovereign Patent Funds. 1263 A. Japan's INCJ, IP Bridge, and Other SPFs. 1263 B. South Korea's Intellectual Discovery, IP Cube Partners, and KDB Infra IP Capital. 1266 C. Taiwan's ITRI, MedTech Fund, and IP Bank. 1268 D. China's Ruichuan IPR Funds, Beijing Key Industry IP Operations... 2018  
Robert J. Miller Sovereign Resilience: Reviving Private-sector Economic Institutions in Indian Country 2018 Brigham Young University Law Review 1331 (2018) C1-2Contents I. Introduction. 1332 II. Current Economic Conditions in Indian Country. 1335 III. Traditional American Indian Private-Sector Institutions. 1339 A. Private Rights in Real Property. 1341 B. Personal Property. 1347 C. Trade. 1349 D. Native Business Skills. 1353 E. Indian Currencies. 1354 F. Accumulating Wealth. 1356 IV. Reviving... 2018 Yes
Steven Press Sovereignty and Diamonds in Southern Africa, 1908-1920 28 Duke Journal of Comparative & International Law 473 (Spring, 2018) In 1907 the German colonial army, wrapping up its genocide of Nama and Herero peoples in Southwest Africa, generally counted the Namib Desert as more trouble than it was worth. So did the German people and government, for that matter. In Summer 1908, however, a group of workers laying railway track in the Namib found diamonds lying in the sand. In... 2018  
Carla F. Fredericks , Jesse D. Heibel Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause 89 University of Colorado Law Review 477 (Spring, 2018) Introduction. 477 I. Indians in the Constitution. 480 II. The End of Treaty-Making and the Creation of Plenary Power. 486 III. Tribal Claims in Federal Courts. 494 IV. The Sioux Treaties of 1851 and 1868--Then and Now. 501 V. Sioux Tribe of Indians v. United States. 509 VI. United States v. Sioux Nation. 513 VII. The Fight Against the Dakota Access... 2018  
Kathryn Webb Bradley Surrogacy and Sovereignty: Safeguarding the Interests of Both the Child and the State 43 North Carolina Journal of International Law L. 1 (Spring, 2018) Introduction. 1 I. The Rights and Responsibilities of the Stakeholders. 5 A. The State. 6 B. The Intended Parents. 10 C. The Child. 17 II. Selected Cases. 21 A. France. 21 B. Italy. 24 C. Great Britain. 26 III. Striking a Balance. 32 A. Act Deliberately. 32 B. Act Expeditiously. 34 C. Act Justly. 35 IV. Conclusion. 36 2018  
Alex Weidner Sword or Shield? The Threat of Sovereign Immunity in Inter Partes Review 83 Missouri Law Review 887 (Summer, 2018) Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP... 2018  
Eric Yong Joong Lee The "Peace Treaty" as a U.s. Doctrinal Option and its Application to the Dprk: a Historical and Analytic Review 51 Cornell International Law Journal 101 (Winter, 2018) Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or... 2018  
Benjamin Pomerance The Best-fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts 18 Wyoming Law Review 179 (2018) I. Introduction. 180 II. Veterans Treatment Courts: Balancing Individual Treatment with Societal Justice. 183 III. The Controversial Balance: Judicial Autonomy and Extrajudicial Restraints. 193 IV. A Necessary Balance: Inter-Branch Approaches for Veterans Treatment Courts. 201 A. Democratic Accountability. 202 B. Comprehendible and Consistent... 2018  
Jide Nzelibe The Breakdown of International Treaties 93 Notre Dame Law Review 1173 (January, 2018) [A] cause seldom triumphs unless somebody's personal interest is bound up with it. In the past few years, we have witnessed a rise in antiglobalization sentiment in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically,... 2018  
Alma Orozco The Dark Side of Tribal Sovereign Immunity: the Gap Between Law and Remedy 19 Nevada Law Journal 689 (Winter 2018) C1-2Table of Contents Introduction. 690 I. United States Patent Law. 693 A. The Leahy-Smith America Invents Act. 695 B. Inter Partes Review. 696 C. Build On or Build Around. 697 II. The King Can Do No Wrong: The Doctrine of Sovereign Immunity. 699 A. Federal, State and Foreign Sovereign Immunity. 700 B. The Scope of Federal, State, and Foreign... 2018 Yes
Lindsay Daniels The End of Special Treatment for Cubans in the U.s. Immigration System: Consequences and Solutions for Cubans with Final Orders of Removal 122 Dickinson Law Review 707 (Winter, 2018) In January 2016, former President Obama announced the end of the Wet-Foot, Dry-Foot Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take... 2018  
Graham K. Bryant The Historical Argument for State Sovereign Immunity in Bankruptcy Proceedings 87 Mississippi Law Journal 49 (2018) Introduction. 50 I. Bankruptcy Law from Its Origin to Colonial-Era England. 53 A. Early English Debtor Statutes. 54 B. The Rise of Bankruptcy Law and the Concept of Discharge. 58 II. America under the Articles of Confederation: Discharge and Multiple Sovereigns. 63 III. Framing an Answer to the Uniformity Question. 65 A. The Madisonian Framework... 2018  
Norman A. Dupont The New Role of States and Provinces in International Environmental Treaties and Implementation 32-SPG Natural Resources & Environment 23 (Spring, 2018) The new is frequently highlighted by its very title, such as a news flash or a new discount offer. The new sometimes relies upon a temporal component, such as Gatsby or Gates ascending to the ranks of the nouveau riche or the release of Beaujolais nouveau in the third week of November. But, sometimes, as is the case with state and local... 2018  
Courtney Irons The Patriarch and the Sovereign: the Malheur Occupations and the Hyper-masculine Drive for Control 51 Columbia Journal of Law and Social Problems 479 (Spring, 2018) On January 2, 2016, a group of armed protestors seized control of the Malheur National Wildlife Refuge. The occupation followed a long tradition of resistance in western states of federal land management policy, but the members took a stricter approach to federalism than most. The group fully rejected federal sovereignty over the land, and in doing... 2018  
Mark P. Hanna The Substantive/procedural Distinction: Law's Solution to the Problem of Jus Cogens in a World of Sovereign States 19 German Law Journal 21 (2/1/2018) This Article uses social systems theory to examine the increased reliance on a distinction between substantive and procedural international law to resolve cases involving a conflict between jus cogens and state immunity. This presents the problem of an evolutionary relationship between international law and the complex differentiation of world... 2018  
Sydney Donovan, Alexandra Tressler, Michael Larrick The University of Denver Water Law Review Eleventh Annual Symposium: Forging Sovereignty, Self Determination, and Solidarity Through Water Law 21 University of Denver Water Law Review 291 (Spring, 2018) Denver, Colorado March 30, 2018 2018  
George Emmons The Unseen Harm: U.s.-Indian Relations & Tribal Sovereignty 48 Golden Gate University Law Review 185 (May, 2018) L1-2Table of Contents Introduction. 186 I. Indian Treaty Interpretation. 189 A. Domestic Dependent Status of Tribes. 189 B. Treaty Rights: The Judiciary's Key Role in Interpretation. 190 C. Historic Canons of Treaty Interpretation. 191 1. Winters v. United States: A Broad Interpretation of Treaty Rights. 191 2. United States v. Dion: Congressional... 2018 Yes
Faith Kjelstrup The Use of the Medical Diagnosis or Treatment Exception to Hearsay in Domestic Violence Cases: the Admissibility of Testimony from Medical Providers about Statements Regarding the Identity of an Alleged Perpetrator under Nebraska Rule of Evidence 803(3) 51 Creighton Law Review 603 (June, 2018) Domestic violence perpetrators have acquired the reputation of using bullying tactics and extortion to instill fear in their victims, ensuring victims refuse to testify out of fear for their safety. The Nebraska Legislature has expressed concern regarding the help that domestic violence victims receive through Nebraska's criminal justice system.... 2018  
Jennie Bricker This Land Is My Land 78-SEP Oregon State Bar Bulletin 24 (August/September, 2018) Tradition has it that William Bradford and the other Mayflower Pilgrims landed on Plymouth Rock in 1620. They soon found, of course, that the continent was already inhabited. If my grade school curriculum was a trustworthy source of history, the first Pilgrims and the Native Americans hit it off famously: They carved turkey together, companionably... 2018  
Darren Azman , Alexandra C. Scheibe , David L. Taub , McDermott Will & Emery, LLP; New York, McDermott Will & Emery, LLP; New York, McDermott Will & Emery, LLP; New York Treatment of Blockchain Tokens in U.s. Bankruptcy Proceedings 37-DEC American Bankruptcy Institute Journal 26 (December, 2018) Start-ups and established companies in a variety of industries have identified uses for blockchain, including banking, real estate, health care, education, insurance and event ticketing. Many of these companies are now selling their native tokens in offerings known as initial coin offerings (ICOs) in which the project developer or sponsor is the... 2018  
Yolanda Rondon, Esq. Treatment of Domestic Terrorism Court Cases: Class and Mental Health in the Criminal System 26 American University Journal of Gender, Social Policy and the Law 741 (2018) Introduction. 741 I. The Categorization of Domestic Terrorism Cases. 743 II. Treatment and Classification of Domestic Terrorism Cases. 777 III. Criminalization. 785 IV. Conclusion. 791 2018  
Adam Crepelle Tribal Lending and Tribal Sovereignty 66 Drake Law Review Rev. 1 (First Quarter 2018) The short-term lending industry involves millions of consumers and billions of dollars. Several Indian tribes have entered the lending industry as a means of economic development. These tribes have created their own lending enterprises that are headquartered in Indian country but attract customers from around the United States via the internet.... 2018 Yes
Geoffrey D. Strommer, Starla K. Roels, Caroline P. Mayhew Tribal Sovereign Authority and Self-regulation of Health Care Services: the Legal Framework and the Swinomish Tribe's Dental Health Program 21 Journal of Health Care Law and Policy 115 (2018) Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people and have begun instead to develop and operate complex tribal health... 2018 Yes
Hunter Malasky Tribal Sovereign Immunity and the Need for Congressional Action 59 Boston College Law Review 2469 (October, 2018) Abstract: Native American Indian tribal sovereign immunity is a judicially created doctrine that provides immunity from suit for Indian tribes in the United States. Although judicially created, the United States' courts have repeatedly emphasized that only Congress has the power to limit Indian tribal immunity. As a result, tribal sovereign... 2018 Yes
Elana Williams Tribal Sovereign Immunity as a Defense in Overcoming Ipr Challenges of Brand Name Pharmaceutical Patent Validity at Ptab--effects on the Industry 18 University of Pittsburgh Journal of Technology Law and Policy Pol'y 1 (2017-2018) Tribal sovereignty has been recognized by the American government since the establishment of the United States and tribal sovereign immunity has been a part of American jurisprudence for over a century. Tribal sovereign immunity continues to play an important role in modern times, especially in the last few years with the rise of inter partes... 2018 Yes
Brandon Andersen Tribal Sovereign Immunity at the Patent and Trademark Office 100 Journal of the Patent and Trademark Office Society 332 (2018) The America Invents Act was at least partially designed to weed out invalid patents through administrative proceedings. One such proceeding, inter partes review, is popular among challengers but criticized by patent holders for its high invalidation rate. Some disgruntled patent holders have discovered an old doctrine as a potential new tool to... 2018 Yes
Peter J. Smith IV , Jillian H. Caires Tribes Are Sovereign Nations: State Court Recognition of Tribal Court Judgments in the Post-coeur D'alene Tribe v. Johnson Era 61-SEP Advocate 29 (September, 2018) From 1982 to 2017, the Idaho courts recognized tribal judgments under the full faith and credit clause of the U.S. Constitution. Now Idaho courts will recognize tribal court judgments under the doctrine of comity. This change recognizes that tribes are sovereign nations within the State of Idaho. This article explains why. Federally recognized... 2018 Yes
Lane Kaiwi Opulauoho Tru Native Hawaiian Nation: Lessons from Federal Indian Law Precedents 43 American Indian Law Review 75 (2018) From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... 2018 Yes
Brett Potash Unequal Protection: Examining the Judiciary's Treatment of Unwed Fathers 34 Touro Law Review 649 (2018) The Supreme Court of the United States has heard a handful of cases dealing with constitutional questions relating to unmarried fathers and their rights concerning their children. Historically, unwed fathers have received overall negative treatment from courts around the country compared to their female counterparts. For example, until the 1970s,... 2018  
Stephanie E. Anderson Using Marijuana as My Antidepressant and Now I Feel Better: a Call for More Research into the Viability of Marijuana as Treatment for Depression, Anxiety, and Bipolar Disorder 42 Oklahoma City University Law Review 335 (2017-2018) Marijuana has growing popularity and acceptance in the legal system. In November 2016, residents of California, Massachusetts, and Nevada voted to legalize recreational use of marijuana. As of now, nine states and the District of Columbia have legalized marijuana for recreational use. Twenty-one other states, Guam, and Puerto Rico have legalized... 2018  
Susan M. Larned Wa Native American Tribal Role in Protecting Natural Resources 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018 Yes
Cecilia (Yixi) Cheng, Theodore T. Lee When Patents Are Sovereigns: the Competitive Harms of Leasing Tribal Immunity 127 Yale Law Journal Forum 848 (3/2/2018) abstract. Under the Hatch-Waxman and America Invents Acts, Congress has established a system for judicial and administrative review of prescription-drug patents that balances exclusive rights for patent holders and the entry of generic competitors. Threatening this balance, the pharmaceutical company Allergan recently transferred prescription drug... 2018 Yes
Daniel Rietiker (PhD) Wind of Change in Nuclear Disarmament: the Treaty on the Prohibition of Nuclear Weapons as a New Example of Humanitarian, Victim-centered Arms Control 6 Suffolk University Law Review Online Online 1 (2018) The adoption of the Treaty on the Prohibiting of Nuclear Weapons (TPNW) in New York, on July 7, 2017, shifted the paradigm in nuclear disarmament after more than twenty years of stagnation in the field. After biological and chemical weapons bans in 1972 and 1993, respectively, the remaining weapons of mass destruction will be banned once the TPNW... 2018  
Samuel J. Panarella A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act 35 Virginia Environmental Law Journal 153 (2017) The defining characteristic shared by all migratory birds is found in the category name--migration. More than half of the 650 species of North American breeding birds migrate. Similar to migrations undertaken by other animals--including humans--bird migrations are often fraught with peril, and depending on the species of migratory bird can be... 2017  
Matteo Godi A Historical Perspective on Filings by Foreign Sovereigns at the U.s. Supreme Court: Amici or Inimici Curiae? 42 Yale Journal of International Law 409 (Summer, 2017) Introduction. 409 I. Precedents for Foreign Sovereign Participation: 1800s. 413 A. Indirect Participation as Claimants. 414 B. First Attempts at Direct Participation as Interveners. 417 II. Direct Participation of Foreign Sovereigns: 1900s. 420 A. Rejection of Fact-Based Participation: Of Ambassadors and Private Counsels. 421 1. An American Lawyer,... 2017  
Thomas G. Bode A Modern Treaty for the Columbia River 47 Environmental Law 81 (Winter, 2017) The Columbia River supports tens of millions of people in seven states and British Columbia through power generation, water supply, fishing, flood control, transportation, and other ecosystem services. Yet the river faces a number of environmental problems that negatively impact those same people. Salmon populations have collapsed, taking with them... 2017  
Emma Hamilton A Relic of the past or the Future of Environmental Criminal Law? An Argument for a Broad Interpretation of Liability under the Migratory Bird Treaty Act 44 Ecology Law Quarterly 237 (2017) When Emily Dickinson writes, Hope is the thing with feathers that perches in the soul, she reminds us, as the birds do, of the liberation and pragmatism of belief. The Migratory Bird Treaty Act is one of our nation's oldest environmental statutes. It was passed decades before the major environmental law renaissance of the 1970s, and is lesser... 2017  
Nathan Witkin A State of the People: the Shift of Sovereignty from Territory to Citizens 27 Transnational Law & Contemporary Problems 33 (Winter 2017) Abstract: Despite its popular conception, sovereignty is not an inherently territorial system. Because exclusive zones of authority may be created only through recognition by other political powers, sovereignty is the product of mutual agreements among states. Therefore, international treaties do not merely recognize the sovereignty of their... 2017  
Nikesh Patel An Emerging Trend in International Trade: a Shift to Safeguard Against Isds Abuses and Protect Host-state Sovereignty 26 Minnesota Journal of International Law 273 (Winter, 2017) Investor-state dispute settlement (ISDS) is a legal mechanism contained in many international trade treaties that grants an investor the right to use dispute settlement proceedings to sue host governments in an international tribunal. ISDS thus functions as an instrument of public international law providing investors protection under a given... 2017  
Michael J. Lockman An Ethical Representation of Sovereign Clients in Debt Disputes 30 Georgetown Journal of Legal Ethics 73 (Winter, 2017) This Article examines the unique ethical questions that arise when representing foreign states in sovereign debt disputes. Although sovereign representation has become commonplace, no existing scholarship has attempted to study the particular ethical quandaries of foreign sovereign representation. When representing a sovereign, basic assumptions... 2017  
Paul B. Stephan Blocher, Gulati, and Coase: Making or Buying Sovereignty? 66 Duke Law Journal Online 51 (January, 2017) Blocher and Gulati's wonderful and challenging thought experiment brings to mind one of the most influential articles in legal scholarship, Ronald Coase's The Problem of Social Cost. Coase famously observed that, in the absence of transaction costs, the law's assignment of entitlements should have no effect on behavior. Whoever most values the... 2017  
Michalyn Steele Breaking Faith with the Tribal Sovereignty Doctrine 64-APR Federal Lawyer 48 (April, 2017) The great Seneca Nation leader and diplomat Red Jacket is said to have illustrated the tribe's frustration with the insatiable encroachment of those seeking Seneca lands during a negotiation with the Holland Land Company's agent, Joseph Ellicott. The two were seated on a log. Every few minutes during their discussion, Red Jacket crowded Ellicott on... 2017 Yes
Jeremy S. Goldstein Bringing Bits Back from the Brink 45 Denver Journal of International Law and Policy 365 (Spring, 2017) In 2011, the United Nations (UN), and as proposed by John Ruggie, Special Representative of the Secretary General, published the Guiding Principles on Business and Human Rights (UNGP's), with the objective of enhancing standards and practices with regard to business and human rights. The UNGP's offer guidance and recommendations to states and... 2017  
Susan Richbourg Parker Changing Sovereigns and Settling Land Claims in Florida 31/32 Tulane European and Civil Law Forum 165 (2017) Over a span of six decades (1763-1821) the residents of Florida found themselves under a sequence of four sovereign nations--Spain, Great Britain, Spain again, and the United States. None of the three nations truly endeavored to fulfill their promises made in treaties to their own subjects or citizens or to their newly acquired, holdover citizens.... 2017  
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