AuthorTitleCitationSummaryYearKey Terms
Won Kidane China's and India's Differing Investment Treaty and Dispute Settlement Experiences and Implications for Africa 49 Loyola University Chicago Law Journal 405 (Winter 2017) This Article examines China's and India's differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China's and India's attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws... 2017  
Anna Gelpern Cinderella Sovereignty 67 Duke Law Journal Online 65 (November, 2017) The Blocher-Gulati critique of the barriers to secession under public international law is insightful and thought provoking, an important contribution in its own right. I wish it had not been eclipsed by the authors' clever and provocative fix: turning sovereignty into a tradable commodity. I suspect that this fix would bring about more suffering... 2017  
Evgeny Guglyuvatyy Climate Justice for a Global Treaty: an Australian Perspective 11 Carbon & Climate Law Review 50 (2017) Concerns for justice are widely considered in international climate negotiations as central to effective responses to climate change. However, there is debate as to what crucial notions of justice need to be reflected in a global climate change treaty. This study uses the Delphi method to identify the climate justice concepts that would be most... 2017  
Jessica A. Shoemaker Complexity's Shadow: American Indian Property, Sovereignty, and the Future 115 Michigan Law Review 487 (February, 2017) This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today's federally imposed reservation... 2017 Yes
Hon. Ralph Artigliere, Chad P. Brouillard, Dr. Reed D. Gelzer, Kimberly Reich, Steven Teppler, Placida, FL, Foster & Eldridge, LLP, Cambridge, MA, Provider Resources, Inc., Newbury, NH, Lake Forest, IL, Abbott Law Group, Jacksonville, FL Diagnosing and Treating Legal Ailments of the Electronic Health Record: Toward an Efficient and Trustworthy Process for Information Discovery and Release 18 Sedona Conference Journal 209 (2017) Electronic health records (EHRs) promise streamlined communications, lower costs, and improved patient care in one of the most complex industries in our economy. Currently they're falling short. This is mainly because of poor standardization of format, low clinical and business reliability, and non-interoperability. This paper contends that... 2017  
Jacob Franchek Digitizing Tribal Law: How Codification Projects Such as Tribal Law Online Could Give New Rise to American Indian Sovereignty 94 Washington University Law Review 1025 (2017) Well, neither could . anybody, right? I mean if anybody could find it, you could. It's because it's not published anywhere, right? --Chief Justice John Roberts, in response to being told by an attorney arguing for the Cheyenne River Sioux Tribe that his office had been unable to discover applicable Cheyenne River Sioux precedent. Today, in the... 2017 Yes
Richard A. Epstein Dual Sovereignty under the Constitution: How Best to Protect States Against Federal Taxation and Regulation 49 Arizona State Law Journal 935 (Fall, 2017) There is little doubt that the Framers of the United States Constitution had little awareness of the immense complexities that would creep into the constitutional system that they created in 1787 in Philadelphia. Their challenges were enormous given the necessity to determine the appropriate relationship of the states, both with each other and with... 2017  
José Gabilondo Economic Coercion and the Limits of Sovereignty: Cuba's Embargo Claims Against the United States 20 Harvard Latinx Law Review 51 (Spring, 2017) C1-3Table Of Contents I. Introduction. 52 II. Economic and Policy Antecedents. 60 A. First Moves: The Construction of Socialist Economy and Bilateral Retaliation. 60 B. Taking Sides: Cold War Containment and the Sovietization of the Cuban Economy. 65 C. Austerity and Regime Change. 70 D. Raul Castro, Economic Reforms, and Diplomatic Normalization.... 2017  
Kristin A. Collins Equality, Sovereignty, and the Family in Morales-santana 131 Harvard Law Review 170 (November, 2017) The statutes focus upon two of the most serious of human relationships, that of parent to child and that of individual to the State. They tie each to the other, transforming both while strengthening the bonds of loyalty that connect family with Nation. The nature of citizenship, like that of the state, is a question which is often disputed .. In... 2017  
Dr. Waseem Ahmad Qureshi Equitable Apportionment of Shared Transboundary River Waters: a Case Study of Modifications of the Indus Waters Treaty 18 San Diego International Law Journal 199 (Spring, 2017) C1-2Table of Contents Abstract. 200 Introduction. 200 I. The Debate over Water Apportionment. 20 A. Inequitable Water-Apportionment Frameworks. 202 1. Absolute Territorial Sovereignty Theory. 203 2. Territorial Integrity Theory. 204 B. Equitable Water-Apportionment Frameworks. 206 1. Limited Territorial Sovereignty Theory. 206 2. Riparian Rights... 2017  
Stephen B. Presser Evaluating President Obama's Appointments of Judges from a Conservative Perspective: What Did the Election of Donald Trump Mean for Popular Sovereignty? 60 Howard Law Journal 663 (Spring, 2017) INTRODUCTION: PRESIDENT OBAMA'S JUDICIAL APPOINTMENTS: THE NUMBERS. 664 I. PRESIDENT OBAMA'S VIEW OF THE JUDICIARY: A CURRENT PARTY DIVISION OVER BLACKSTONE AND BENTHAM. 665 II. DONALD TRUMP AND THE CONSERVATIVES ON THE JUDICIARY. 668 III. THE VIEW OF THE CONSERVATIVES WITH REGARD TO THE PRESERVATION OF POPULAR SOVEREIGNTY. 671 IV. THE ACADEMY'S... 2017  
David A. Koplow Eve of Destruction: Implementing Arms Control Treaty Obligations to Dismantle Weaponry 8 Harvard National Security Journal 158 (2017) The corpus of arms control treaties now includes dozens of diverse instruments regulating the possession, deployment, testing, and use of nuclear, chemical, biological, conventional, and other weapons in various ways. One aspect of these vital national security tools that has not received sufficient scholarly and practitioner attention concerns the... 2017  
Madelyn Dinnerstein Fighting for Basic Decency 19 Lawyers Journal J. 1 (5/12/2017) ACBA members had a chance to learn from two international authorities on human rights, including the former United Nations Special Rapporteur on Torture, during a luncheon program that touched on issues ranging from solitary confinement of gang members in California to treatment of terrorism suspects. The ACBA's LGBT Rights Committee and Hispanic... 2017  
Kevin Eugene Thomas Cunningham Jr. Fine China? A Look into Chinese Intellectual Property Infringement, Treaty Obligations, and International Responses 99 Journal of the Patent and Trademark Office Society 279 (2017) China has garnered the reputation of being the world's largest exporter of infringing goods, as well as being a place where property rights are notoriously difficult to enforce. The international community has a vested interest in curbing infringing activity, however, it has proven difficult to get China to both create new domestic law allowing for... 2017  
Jean Galbraith From Treaties to International Commitments: the Changing Landscape of Foreign Relations Law 84 University of Chicago Law Review 1675 (Fall, 2017) Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft-law commitments. Scholars of foreign relations law typically approach these other processes from the perspective of constitutional law, seeking... 2017  
Sahana Rao Governance of Water Resources Shared by India and Pakistan under the Indus Waters Treaty: Successful Elements and Room for Improvement 25 New York University Environmental Law Journal 108 (2017) C1-2Table of Contents Introduction. 108 I. Current State of Water Resources in the Indus River Basin. 110 II. Pertinent Global Agreements on Transboundary Water Resource Management. 113 III. Indo-Pakistani Governance of Indus Water Resources. 116 A. A Brief History of the Indus Waters Treaty of 1960. 116 B. Governance Under the Indus Waters Treaty:... 2017  
Milton L. Mueller , Farzaneh Badiei Governing Internet Territory: Icann, Sovereignty Claims, Property Rights and Country Code Top-level Domains 18 Columbia Science and Technology Law Review 435 (Spring, 2017) This paper examines the legal and Internet governance controversies over country code top-level domain names (ccTLDs). In recent litigation (Weinstein v. Islamic Republic of Iran and ICANN), terrorism victims argued that ccTLDs are property and attempted to seize Iran's .IR domain for compensation. In refusing to uphold this claim, an appeals court... 2017  
Mathieu Nolin Heated Conflict over the Northwest Passage: Is Canada's Sovereignty Melting Away? 48 Journal of Maritime Law and Commerce 341 (July, 2017) From a polar bear standing on sea ice on its currency to postal cards showing indigenous Inuit fishing, the Arctic is one of the first things that come to mind when thinking about Canada. While sovereignty over the country's land north of the Arctic Circle is widely accepted as Canadian territory (with the exception of Hans Island), sovereignty... 2017  
Hope Babcock Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... 2017 Yes
Eric Blinderman , Myra Din Hidden by Sovereign Shadows: Improving the Domestic Framework for Deterring State-sponsored Cybercrime 50 Vanderbilt Journal of Transnational Law 889 (October, 2017) This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that... 2017  
William J. Rich Hiding in Plain View: a Path Around Sovereign Immunity for State Government Employees 25 William & Mary Bill of Rights Journal 1179 (May, 2017) Privileges or immunities of United States citizens include rights that owe their existence to the Federal government, . its Constitution, or its laws. The Fourteenth Amendment provides that no state shall abridge those rights, and provisions of that amendment override claims to state sovereign immunity. As a result, federal laws that protect the... 2017  
Michael C. Blumm Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration 92 Washington Law Review Rev. 1 (March, 2017) Abstract: In 1970, several tribes in the Pacific Northwest, along with their federal trustee, sued the state of Washington claiming that numerous state actions violated their treaty rights, which assured them the right of taking fish in common with white settlers. The tribes and their federal trustee maintained that the treaties of the 1850s... 2017 Yes
Dr. Waseem Ahmad Qureshi Indus Waters Treaty: an Impediment to the Indian Hydro-hegemony 46 Denver Journal of International Law and Policy 45 (Fall, 2017) Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... 2017 Yes
Otabek Ismailov Interaction of International Investment and Trade Regimes on Interpreting Treaty "Necessity" Clauses: Convergence or Divergence? 48 Georgetown Journal of International Law 505 (2017) [N]ecessity does not always imply the absence or denial of law but may under some circumstances be invoked to justify actions which otherwise would appear to be outside the pale of law. This Article attempts to look into the question of whether the less restrictive means test used by World Trade Organization (WTO) dispute settlement bodies to... 2017  
Lorenzo Cotula Land, Property and Sovereignty in International Law 25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) Abstract. 220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... 2017  
Steven Z. Hodaszy , Gregory J. Krivacek Learning the Hard Way: Deciphering the Correct Tax Treatment of Graduate Education Benefits for University Faculty 15 Pittsburgh Tax Review 59 (Fall, 2017) The life of the mind may not be a sure path to riches, but the ivory tower is not entirely without its material rewards either. One particularly attractive perquisite of being on a university faculty is the opportunity that many faculty members get to earn advanced degrees from their home institutions either for free or at greatly reduced cost.... 2017  
Mikko Rajavuori Making International Legal Persons in Investment Treaty Arbitration: State-owned Enterprises along the Person/thing Distinction 18 German Law Journal 1183 (9/1/2017) Investment treaty arbitration (ITA) has emerged as a space where the international legal personality of states and foreign investors is continuously created, maintained, and redefined. Focusing on treatment of state-owned enterprises (SOEs), this Article juxtaposes investment law's doctrinal foundations with Roberto Esposito's political philosophy... 2017  
Jean Galbraith Making Treaty Implementation More like Statutory Implementation 115 Michigan Law Review 1309 (June, 2017) Both statutes and treaties are the supreme law of the land, and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for... 2017  
Allison Hester Maxwell, Lewis v. Clarke, and the Trail Around Tribal Sovereign Immunity 88 University of Colorado Law Review 721 (Summer, 2017) Tribal sovereign immunity is an important tool available to American Indian tribes as they have rebuilt, restructured, and rejuvenated their communities in the era of Self-Determination following centuries of colonialism, land grabs, and cultural genocide. Sovereign immunity protects tribes by establishing a barrier to both trampling of tribal... 2017 Yes
Amokura Kawharu, Luke Nottage Models for Investment Treaties in the Asia-pacific Region: an Underview 34 Arizona Journal of International and Comparative Law 461 (2017) C1-2Table of Contents I. INTRODUCTION. 462 A. What is the Future for US-Style Investment Treaties in the Asia-Pacific Region?. 462 B. Why Australia and New Zealand?. 464 II. NEW ZEALAND'S INTERNATIONAL INVESTMENT REGULATION AND TREATIES. 470 A. Foreign Investment Screening. 470 B. Investment Treaty Policy and Practice. 474 1. New Zealand's Evolving... 2017  
Barbara Cosens Modernization of the Columbia River Treaty: an Opportunity for Idaho 60-AUG Advocate 34 (August, 2017) With the expiration of certain flood control provisions in the Columbia River Treaty between the United States and Canada in 2024, considerable regional and federal resources have been devoted to its review and analysis of the need for modernization. Ninety eight percent of Idaho lies within the basin with much of that on the main tributary to the... 2017  
Odysseas G. Repousis Multilateral Investment Treaties in Africa and the Antagonistic Narratives of Bilateralism and Regionalism 52 Texas International Law Journal 313 (Fall, 2017) In the aftermath of mounting concerns over the legitimacy of international investment law and investor-state arbitration in the middle and late 2000s, African countries sought to project an alternative image of international investment law through hard law instruments. This brought about three multilateral investment treaties: The Protocol on... 2017  
Oishik Sircar New Queer Politics in the New India: Notes on Failure and Stuckness in a Negative Moment 11 Unbound: Harvard Journal of the Legal Left Left 1 (2017) What happens when queers become democracy's favourite minority championed by the capitalists, the liberals, the conservatives, and the leftists, all singing in the language of rights? It marks the inauguration (or culmination?) of a moment that is not bad but dangerous. If everything is dangerous, Michel Foucault wrote, then we always have... 2017  
Michail Risvas Non-discrimination in International Law and Sovereign Equality of States: an Historical Perspective 39 Houston Journal of International Law 79 (Winter, 2017) Abstract. 80 I. Introduction. 80 II. Connecting Economic Non-Discrimination and Sovereign Equality of States: the Historical Perspective. 83 A. Non-Discrimination in International Economic Law and Sovereign Equality of States in the Era of Colonialism. 85 B. Non-Discrimination in International Economic Law, Sovereign Equality of States, and the... 2017  
Christopher R. Rossi Norway's Imperiled Sovereignty Claim over Svalbard's Adjacent Waters 18 German Law Journal 1497 (11/1/2017) The invasive but highly profitable snow crab has made its way into the waters of the High Arctic, precipitating a direct confrontation between the EU and Norway over the interpretation of the 1920 Svalbard Treaty. Norway claims the Treaty does not apply due to its strict interpretation of the Treaty's terms, which pertain only to the archipelago's... 2017  
Riley Plumer Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes in Soaring Eagle Casino and Resort v. National Labor Relations Board 35 Law & Inequality: A Journal of Theory and Practice 131 (Winter, 2017) On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute, should not apply to Indian tribes. However, by a 2-1 vote, the court held that the NLRA would... 2017 Yes
Hawa K. Allan Paradoxes of Sovereignty and Citizenship: Humanitarian Intervention at Home 20 CUNY Law Review 389 (Spring, 2017) Introduction. 390 I. Humanitarian Intervention at Home. 397 A. Legal Authority. 401 1. Non-Intervention Principle. 404 a. The Federalist Papers. 405 b. Posse Comitatus. 408 2. Insurrection Act. 409 a. 2007 National Defense Authorization Act. 412 b. Reconstruction Act and the Enforcement Acts. 414... 2017  
Mary Bosworth Penal Humanitarianism? Sovereign Power in an Era of Mass Migration 20 New Criminal Law Review 39 (Winter, 2017) Since creating the Returns and Reintegration Fund in 2008, the British government has financed a variety of initiatives around the world under the rubric of managing migration, blurring the boundaries between migration control and punishment. This article documents and explores a series of overlapping case studies undertaken in Nigeria and... 2017  
Sanford Levinson Postscript: Some Observations about Guns and Sovereignty 80 Law and Contemporary Problems 239 (2017) The symposium on the Second Amendment sponsored by the Brennan Center elicited uniformly first-rate works of scholarship. Given other commitments and my doubts that I had anything new to say about the Second Amendment, I volunteered instead to offer some comments by way of a postscript to the various articles. Although each deserves careful reading... 2017  
Douglas C. Harris Property and Sovereignty: an Indian Reserve and a Canadian City 50 U.B.C. Law Review 321 (June, 2017) Property rights, wrote Morris Cohen in 1927, are not about things, but about relations between the owner and other individuals in reference to things. The law of property constructs a particular set of relationships between people, and, in the case of private property, he continued, its essence is always the right to exclude. This right,... 2017 Yes
Mitu Gulati , Robert K. Rasmussen Puerto Rico and the Netherworld of Sovereign Debt Restructuring 91 Southern California Law Review 133 (November, 2017) C1-2TABLE OF CONTENTS INTRODUCTION. 133 I. THE PUERTO RICAN FISCAL CRISIS AND THE COMMONWEALTH'S ATTEMPT AT SELF-HELP. 137 II. THE POWER OF STATES TO ENACT RESTRUCTURING REGIMES. 141 III. PUERTO RICO. 149 CONCLUSION. 160 2017  
Stephen Kim Park , Tim R Samples Puerto Rico's Debt Dilemma and Pathways Toward Sovereign Solvency 54 American Business Law Journal L.J. 9 (Spring, 2017) The debt crisis currently facing Puerto Rico is geographically small in scope but enormous in its legal complexity and policy implications. Grappling with worsening structural problems, economic shocks, and public finances, Puerto Rico's unsustainable debt burden has threatened to topple its economy and destabilize its relationship with the United... 2017  
Alan J. Pollack Recent Developments in the Treatment of Crimes of Domestic Violence under Immigration Law 304-FEB New Jersey Lawyer, the Magazine 62 (February, 2017) When criminal and immigration attorneys are faced with potential domestic violence-related crimes and situations, it is important they are aware of the underlying grounds of deportation relating specifically to domestic violence, as there are several recent cases that affect the interpretation of what constitutes a crime of domestic violence... 2017  
Jessica Mantel Refusing to Treat Noncompliant Patients Is Bad Medicine 39 Cardozo Law Review 127 (October, 2017) Government health programs and private payors have adopted various reforms that fundamentally transform the physician-patient relationship. Public reporting on how well physicians perform on various quality and cost metrics, as well as payment reforms that link physicians' reimbursements to their performance on these metrics, incentivize physicians... 2017  
Tom Morris Registration Without Representation: Treatment of Foreign Sex Offense Convictions under the Sex Offender Registration and Notification Act 12 Liberty University Law Review 71 (Fall, 2017) C1-2Table of Contents Abstract. 72 I. Introduction. 73 II. Background. 75 A. SORNA. 75 B. Federal Rule of Evidence 609. 78 III. The Lack of Due Process for Sex Offenders: A Call to Reevaluate. 80 A. The SORNA Final Guidelines Due Process Requirements. 80 1. Class 1 Jurisdictions. 80 2. Class 2 Jurisdictions. 82 3. Class 3 Jurisdictions. 84 B.... 2017  
Lindsey M. Ajubita Regulating the Treatment and Discharge of Ballast Water to Protect the Economy and Ecology of the United States 16 Loyola Maritime Law Journal 223 (Winter, 2017) C1-2TABLE OF CONTENTS I. Introduction. 224 II. Background Information. 226 A. Invasion of U.S. Waterways by Zebra Mussels. 226 B. The IMO and the Ballast Water Management Convention. 230 III. United States Regulatory Efforts to Prevent the Spread of Invasive Species by Ballast Water Discharge in Waters of the United States. 231 IV. Natural... 2017  
David Kanter Removal plus Timely Assertion: a Better Rule for the Intersection of Removal and State Sovereign Immunity 105 Georgetown Law Journal 531 (January, 2017) C1-2Table of Contents Introduction. 531 I. State Sovereign Immunity and Waiver Background. 534 a. state sovereign immunity's historical development. 535 b. exceptions to the doctrine of state sovereign immunity. 537 II. Lapides v. Board of Regents of the University System of Georgia. 539 III. Lapides's Inadequate Rationales. 541 a. critique of... 2017  
Valerie Lambert, University of North Carolina at Chapel Hill Rethinking American Indian and Non-Indian Relations in the United States and Exploring Tribal Sovereignty: Perspectives from Indian Country and from Inside the Bureau of Indian Affairs 40 PoLAR: Political and Legal Anthropology Review 278 (November, 2017) This article uses materials from field research conducted at the level of tribal homelands and at the federal level of the Bureau of Indian Affairs to rethink and reconceptualize Indian-non-Indian relations and federal-Indian relations in the United States. I document the ways Chickasaw and Choctaw tribal officials are moving beyond the deadliest... 2017 Yes
Sara L. Seck Revisiting Transnational Corporations and Extractive Industries: Climate Justice, Feminism, and State Sovereignty 26 Transnational Law & Contemporary Problems 383 (Summer, 2017) I. Introduction. 383 II. Gender, Climate Justice and Vulnerability. 385 III. The Philippines Climate Petition. 394 IV. Analysis: Climate Justice, Feminism, & International Law. 397 A. The Jurisdictional Scope of the State Duty to Protect and the Relational State. 398 B. International and Domestic Law and the False Boundaries of the Public/Private... 2017  
Briana Green San Manuel's Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty 6 Michigan Journal of Environmental & Administrative Law 463 (Spring, 2017) Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that... 2017 Yes
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