| Author | Title | Citation | Summary | Year | Key Terms |
| Lauren Oppenheimer |
Untangling the Court's Sovereignty Doctrine to Allow for Greater Respect of Tribal Authority in Addressing Domestic Violence |
76 Maryland Law Review 847 (2017) |
Domestic violence in Indian country has increasingly become a subject of concern for Congress over the past fifty years. While domestic violence is a systemic problem throughout the United States, Native American women experience higher rates of domestic violence than any other group. Indeed, American Indian and Alaska Native women are 2.5 times... |
2017 |
Yes |
| Patrick J. Schena |
When States Invest at Home: the Development Role of Sovereign Wealth Funds in Public Finance |
52 Wake Forest Law Review 917 (Fall, 2017) |
In August 2016, Turkey announced details of a plan to establish a sovereign wealth fund (SWF)--the Turkey Wealth Fund. The basic organizational design of the fund was presented and, in early 2017, shares of Turkish state-owned enterprises (SOEs) were transferred to the fund and dividends were diverted to the fund from the central budget. While... |
2017 |
|
| Margit Cohn |
When, and Where, Does History Begin? Collective Memory, Selective Amnesia, and the Treatment of Asylum Seekers in Israel |
2017 University of Illinois Law Review 563 (2017) |
In this Article, I consider the strategic use of constitutional history, as reflected in national collective memories, and analyze, as a case study, the State of Israel's treatment of the recent surge of illegal entrants into Israel. The rise of entry of asylum seekers/infiltrators (the ambiguity is central to Israel's policies on the matter) from... |
2017 |
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| Cynthia Soohoo |
You Have the Right to Remain a Child: the Right to Juvenile Treatment for Youth in Conflict with the Law |
48 Columbia Human Rights Law Review Rev. 1 (Spring, 2017) |
In 2010, sixteen-year-old Kalief Browder was stopped by the police in the Belmont section of the Bronx. The police claimed he had mugged a tourist and stolen a backpack earlier in the evening. Although a search failed to recover any stolen items and the witness changed his story, Kalief was handcuffed and taken into police custody. New York law... |
2017 |
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| Thelma L. Harmon |
Young v. United Parcel Service, Inc.: the Equal Treatment Fallacy |
20 Journal of Gender, Race and Justice 97 (February, 2017) |
In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread. - Anatole France The Red Lily (1894), Ch. 7 I. Introduction. 98 II. Pregnancy Discrimination. 99 A. Pregnancy Discrimination Act. 99 B. Protective Employment Legislation. 101 C. Young v. UPS. 103 III. Equal Treatment... |
2017 |
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| The University of Iowa Center for Human Rights (UICHR) |
#45 - the Comparative Treatment of Homosexuality Human Rights Index #45 |
26 Transnational Law & Contemporary Problems Probs. 3 (Winter 2016) |
The end of the 20th century saw the beginning of a global movement toward increased visibility, recognition, and legal rights for homosexual people, including the rights to marriage and civil unions, adoption and parenting, employment, military service, equal access to health care, and the introduction of anti-bullying legislation to protect gay... |
2016 |
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| Christopher R. Rossi |
A Case Ill Suited for Judgment: Constructing 'A Sovereign Access to the Sea' in the Atacama Desert |
48 University of Miami Inter-American Law Review 28 (Fall, 2016) |
In 2015, the International Court of Justice ruled that Bolivia's claim against Chile could proceed to the merit stage, setting up this Article's discussion of perhaps the most intractable border dispute in South American history-- Bolivia's attempt to reclaim from Chile a sovereign access to the Pacific Ocean. This Article investigates the... |
2016 |
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| Matthias Goldmann, Silvia Steininger |
A Discourse Theoretical Approach to Sovereign Debt Restructuring: Towards a Democratic Financial Order |
17 German Law Journal 709 (10/1/2016) |
This Article studies the role of law for aligning democracy with a market-based financial order. Jürgen Habermas's discourse theoretical understanding of the role of law in the welfare state establishes a structure for exploring this issue. According to this approach, law needs to be enforceable, law-making and law-application need to be... |
2016 |
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| Kevin B. Sobel-Read, JD, PhD |
A New Model of Sovereignty in the Contemporary Era of Integrated Global Commerce: What Anthropology ConTributes to the Shortcomings of Legal Scholarship |
49 Vanderbilt Journal of Transnational Law 1045 (October, 2016) |
Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally,... |
2016 |
Yes |
| Matthew J. McKinney , Richard Kyle Paisley , Molly Smith Stenovec |
A Sacred Responsibility: Governing the Use of Water and Related Resources in the International Columbia Basin Through the Prism of Tribes and First Nations |
37 Public Land & Resources Law Review 157 (2016) |
I. INTRODUCTION. 159 II. HISTORICAL CONTEXT. 161 A. The International Columbia Basin. 161 1. Physical Geography. 161 2. History of Columbia Basin Tribes and First Nations. 164 3. Demographic Trends and Settlement Patterns. 168 B. Governing the Use of Water and Related Resources. 170 1. From the Beginning: Tribal and First Nation Practices. 171 2.... |
2016 |
Yes |
| Maria Mendoza |
A System in Need of Repair: the Inhumane Treatment of Detainees in the U.s. Immigration Detention System |
41 North Carolina Journal of International Law 405 (Winter, 2016) |
I. Introduction. 406 II. The Current U.S. Immigration Detention System. 408 A. Overview of the U.S. Department of Homeland Security. 412 B. Mandatory Detention. 413 C. Women. 415 D. Unaccompanied Children. 416 III. International Treaties and Due Process Rights. 418 A. Universal Declaration of Human Rights. 419 B. International Covenant on Civil and... |
2016 |
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| Christopher R. Rossi |
'A Unique International Problem': the Svalbard Treaty, Equal Enjoyment, and Terra Nullius: Lessons of Territorial Temptation from History |
15 Washington University Global Studies Law Review 93 (2016) |
The 1920 Svalbard Treaty conferred full and absolute sovereignty on Norway but paradoxically limited that sovereignty by conferring on states party to the treaty equal enjoyment and liberty of access provisions on Svalbard and in its territorial waters. Whether these provisions now extend to geographic areas adjacent to Svalbard's territorial... |
2016 |
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| David P. Waggoner |
An Inquiry into White Supremacy, Sovereignty, and the Law |
45 Southwestern Law Review 897 (2016) |
When liberal whites fail to understand how they can and/or do embody white-supremacist values and beliefs even though they may not embrace racism as prejudice or domination (especially domination that involved coercive control), they cannot recognize the ways their actions support and affirm the very structure of racist domination and oppression... |
2016 |
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| Teresa Hawkinson |
Can a Sioux Be Sued for Embracing Mary Jane?: Tribal Sovereign Immunity Concerns Arising from the Legalized Marijuana Trade on Indian Land |
3 St. Thomas Journal of Complex Litigation 44 (Fall, 2016) |
Having celebrated the one-year anniversary of the 2014 Department of Justice Wilkinson memorandum (Wilkinson Memo) regarding the Federal Government's discretionary authority in the enforcement of marijuana on Tribal lands, the matter appears to have created more questions than answers. While some Tribes see this as a lucrative business... |
2016 |
Yes |
| W. Gregory Guedel, Ph.D. , J.D. Colbert |
Capital, Inequality, and Self-determination: Creating a Sovereign Fina Native American Nations |
41 American Indian Law Review Rev. 1 (2016) |
C1-2Table of Contents Executive Summary. 2 I. Introduction. 4 II. Challenges For Tribes In Accessing Capital. 9 A. Historical and Structural Problems. 9 B. Commercial Capital Source Problems. 11 C. Conflict of Law Problems. 14 D. U.S. Government Trust Management Problems. 17 III. United States Senate Oversight Hearing on Access to Capital in Indian... |
2016 |
Yes |
| Michael B. Farley |
Caught on the Wrong Side of the Line: an Examination of the Relationship Between the Payday Loan Industry and American Indian Tribal Sovereignty |
42 Journal of Corporation Law 481 (Winter 2016) |
I. Introduction. 482 II. Background. 483 A. Payday Loan Companies. 484 1. The Function of Payday Loans in the Lending Market. 484 2. The Problems with Payday Loans. 484 3. Recent Development in Responses to Payday Loans. 485 4. Ways the Payday Loan Industry is Adapting. 487 B. American Indian Tribal Sovereignty and Immunity. 488 III. Analysis. 492... |
2016 |
Yes |
| Rebecca Crootof |
Change Without Consent: How Customary International Law Modifies Treaties |
41 Yale Journal of International Law 237 (Summer 2016) |
Introduction. 238 I. A New International Legal Order. 241 A. The Classic Account. 242 1. Stable Customary International Law. 242 2. Flexible Treaties. 242 B. The Modern World. 243 1. Constitutive Treaties. 243 2. Contemporary Customary International Law. 245 II. Modification by Mutual Consent. 247 A. Formal Amendment. 248 B. Treaty Supersession and... |
2016 |
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| Robert T. Anderson |
Commentary: Federal Treaty and Trust Obligations, and Ocean Acidification |
6 Washington Journal of Environmental Law & Policy 473 (June, 2016) |
I. INTRODUCTION. 473 II. THE FEDERAL TRUST RESPONSIBILITY. 475 A. Background. 475 B. Federal Trust Liability Standards. 482 III. PROTECTING INDIAN TREATY RIGHTS. 484 IV. LINKING THE TRUST RESPONSIBILITY, INDIAN TREATY RIGHTS, AND THE PROBLEM OF OCEAN ACIDIFICATION.. 491 |
2016 |
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| Cindy Galway Buys |
Conditions in U.s. Treaty Practice: New Data and Insights on a Growing Phenomenon |
14 Santa Clara Journal of International Law 363 (5/23/2016) |
The United States Senate often adds various types of conditions, also known as reservations, understandings, and declarations (RUDs), to its advice and consent to multilateral treaties. The ability to add conditions to a treaty likely increases the number of States willing to join a treaty and abide by the international norms set forth therein... |
2016 |
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| Joanna Laine |
Consumer Protection and Tax Law: How the Tax Treatment of Attorney's Fees Undermines the Fair Debt Collection Practices Act |
40 New York University Review of Law and Social Change 721 (2016) |
Almost forty years after the passage of the Fair Debt Collection Practices Act (FDCPA), abusive debt collection practices continue to wreak havoc on the lives of low- and moderate-income Americans. The FDCPA aims to prevent these abuses by relying in part on individual consumers to enforce the FDCPA's fair debt collection rules. Consumer plaintiffs... |
2016 |
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| Edward Ricci , Jeffery Van Treese II , Michael T. Olexa , Rick C. Briggs |
Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity |
90-JUN Florida Bar Journal 88 (June, 2016) |
Hitting a tree located in the highway median risks serious injury or death. However, Florida drivers may recover damages resulting from governmentally designed highway medians in only a limited number of circumstances. Properly designed highway medians can prevent driver death and serious injury, while poorly designed medians can increase the... |
2016 |
|
| Justin B. Richland |
Dignity as (Self-)Determination: Hopi Sovereignty in the Face of Us Dispossessions |
41 Law and Social Inquiry 917 (Fall, 2016) |
In 2013, the Arizona Snowbowl Ski Resort began spraying artificial snow made from reclaimed wastewater on Arizona's highest peak, a place the Hopi people call Nuvatukya'ovi, Snow-on-top-of-it. As one of the Hopis' most sacred places, the home of the katsinam and the southwestern boundary marker of their aboriginal territory, the Hopi have fought... |
2016 |
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| Jonathan Remy Nash |
Doubly Uncooperative Federalism and the Challenge of U.s. Treaty Compliance |
55 Columbia Journal of Transnational Law L. 3 (2016) |
This Article explores the undertheorized and understudied phenomenon of doubly uncooperative federalism. While most commentary examining the behavior of U.S. states with respect to treaty regimes focuses on cooperative behavior--that is, states that aid in the implementation of duly ratified treaties, or even aid in the implementation of treaties... |
2016 |
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| Jill E. Grant |
Enforcing Tribal Environmental Laws Without "Treatment as a State" |
30-WTR Natural Resources & Environment 13 (Winter, 2016) |
The Navajo Nation covers over 27,000 square miles in Arizona, New Mexico, and Utah, and within those lands are approximately 100 sites containing underground storage tanks (USTs) and twenty-five sites containing aboveground storage tanks (ASTs). Most of these sites contain multiple tanks and, over the years, many of these tanks have leaked.... |
2016 |
Yes |
| Michael D. Ramsey |
Evading the Treaty Power?: the Constitutionality of Nonbinding Agreements |
11 FIU Law Review 371 (Spring, 2016) |
The U.S. Constitution states that the President can make treaties with the advice and consent of the Senate, provided two thirds of the Senators present concur. This high threshold for consent reflects the framers' concern that treaties not be too easy to make. It represented a radical departure from the British system most familiar to the... |
2016 |
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| Elizabeth Ann Kronk Warner |
Everything Old Is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change-threatened Resources |
94 Nebraska Law Review 916 (2016) |
I. Introduction. 917 II. Interpreting Treaties. 922 A. What Do the Relevant Treaties Say?. 923 1. Swinomish Indian Tribal Community. 923 2. Nez Perce Tribe. 925 B. Judicial Interpretation of Treaties. 927 C. Considering Treaty Language Within a Climate Change Context. 932 III. Potential Legal Arguments Beyond the Treaties Themselves. 934 A.... |
2016 |
Yes |
| |
Fifth Amendment--double Jeopardy--dual-sovereignty Doctrine--puerto Rico v. Sanchez Valle |
130 Harvard Law Review 347 (November, 2016) |
The inaugural words of America's Constitution make plain that We the People are the nation's wellspring of sovereign authority, yet the doctrines of our one supreme Court often suggest that ultimate power resides in polities alone. One area of constitutional jurisprudence that exhibits this ironic turn is the dual-sovereignty doctrine, a... |
2016 |
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| Kristen E. Eichensehr |
Foreign Sovereigns as Friends of the Court |
102 Virginia Law Review 289 (April, 2016) |
Introduction. 290 I. The History of Foreign Sovereign Amici. 297 II. Assessing Foreign Sovereign Amicus Participation. 302 A. When and How Foreign Sovereigns File. 303 B. What Foreign Sovereigns File: The Arguments They Make. 312 1. International Facts. 312 2. International Law. 314 a. Treaty Interpretation. 314 b. Customary International Law.... |
2016 |
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| Daniel J. Hessel |
Founding-era Jus Ad Bellum and the Domestic Law of Treaty Withdrawal |
125 Yale Law Journal 2394 (June, 2016) |
The Constitution provides no textual guidance for how, as a matter of domestic law, the United States can withdraw from an Article II treaty. The Supreme Court has not clarified matters. In the face of this uncertainty, government officials and scholars alike have long debated whether the President may unilaterally withdraw from a treaty or whether... |
2016 |
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| Sarath Pillai |
Fragmenting the Nation: Divisible Sovereignty and Travancore's Quest for Federal Independence |
34 Law and History Review 743 (August, 2016) |
Speaking at the Travancore legislative assembly on February 2, 1938, Sir C.P. Ramaswamy Aiyar said: The federation contemplated in the Government of India Act (1935) was founded on the recognition of the fundamental idea that the Ruler alone represents his state and that the Ruler is the government of the state. Travancore was one of the oldest... |
2016 |
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| Alan Stay |
Habita Native American Treaty Fishing in the Northwest |
63-NOV Federal Lawyer 20 (October/November, 2016) |
In 1854, several Native American tribes occupied and sustained their lives and livelihood from lands and waters within in what is now the Northwestern portion of the United States. Fisheries, while occurring throughout their territories, were centered on the Columbia River, Puget Sound, the rivers and waters flowing into Puget Sound, and the ocean... |
2016 |
Yes |
| Christopher Mirasola |
Historic Waters and Ancient Title: Outdated Doctrines for Establishing Maritime Sovereignty and Jurisdiction |
47 Journal of Maritime Law and Commerce 29 (January, 2016) |
This article critically examines two doctrines that States have used to declare exceptional maritime sovereignty: Historic Waters and Ancient Title. Despite their long pedigree in customary international law, I argue that both doctrines are largely irrelevant in the modern regime of maritime delimitation established by the United Nations Convention... |
2016 |
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| Michael A. Johns |
How Forest Treatment Saved the Bray Creek Ranch |
48 Arizona State Law Journal 35 (Spring 2016) |
Bray Creek Ranch is an old homestead along the Highline National Recreation Trail, which is a part of the Arizona Trail, at the base of the Mogollon Rim about twelve miles north of Payson, Arizona between Boy Scout Camp Geronimo and Girl Scout Camp Shadow Rim. The ranch is surrounded by National Forest in the Ponderosa Pine type at about 6,000 feet... |
2016 |
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| Michael A. Newton |
How the International Criminal Court Threatens Treaty Norms |
49 Vanderbilt Journal of Transnational Law 371 (March, 2016) |
This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court's constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them.... |
2016 |
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| Calvin Cohen |
How to Assert State Sovereign Immunity under the Federal Rules of Civil Procedure |
69 Vanderbilt Law Review 761 (April, 2016) |
Introduction. 762 I. The Unclear History of State Sovereign Immunity in the United States. 766 A. Importation of State Sovereign Immunity and Chisholm v. Georgia. 767 B. The Eleventh Amendment and Its Interpretation. 768 1. The Ex Parte Young Exception. 771 2. The Section Five Exception. 772 C. The Twentieth Century: Defense from Congressional... |
2016 |
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| Laura Jacobs |
How to Sidestep Saying "See Ya Real Soon" to the Public Domain: Using Droit D'auteur to Justify a Trademark-favored Treatment of Mickey Mouse |
39 Boston College International and Comparative Law Review 387 (2016) |
Abstract: Mickey Mouse is one of the most recognizable characters in the world, but this famous character will be passing into the public domain when his copyright expires in 2024. The Walt Disney Company also has registered Mickey Mouse as a trademark. Thus, when Mickey passes into the public domain, an interesting conflict between copyright and... |
2016 |
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| Neve Gordon, Nicola Perugini |
Human Shields, Sovereign Power, and the Evisceration of the Civilian |
110 AJIL Unbound 329 (2016) |
Human shields were prominent in the 2016 military campaign seeking to recapture Mosul from the hands of ISIS militants. On October 24, 2016, Pope Francis expressed his concern over the use of over two hundred boys and men as human shields in the Iraqi city. In an election rally the following day, Donald Trump decried the enemy's use of human... |
2016 |
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| Jeffrey M. Schmitt |
In Defense of Shelby County's Principle of Equal State Sovereignty |
68 Oklahoma Law Review 209 (Winter, 2016) |
In Shelby County v. Holder, the Supreme Court struck down a key aspect of the Voting Rights Act of 1965 based on the principle that all States enjoy equal sovereignty. Legal scholars have exhaustively attacked Shelby County's equal sovereignty principle with a surprising degree of unanimity and contempt. These critics argue that the principle is... |
2016 |
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| Thomas B. Colby |
In Defense of the Equal Sovereignty Principle |
65 Duke Law Journal 1087 (March, 2016) |
The Supreme Court of the United States based its landmark decision in Shelby County v. Holder on the proposition that the Constitution contains a fundamental principle of equal sovereignty among the States. For the central holding of a blockbuster constitutional case, that assertion was surprisingly unsupported. The Court simply declared it to be... |
2016 |
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| Kent Greenawalt, University Professor, Columbia Law School |
Individual Conscience and How it Should Be Treated |
31 Journal of Law and Religion 306 (November, 2016) |
The Rise and Decline of American Religious Freedom. By Steven D. Smith. Cambridge, MA: Harvard University Press, 2014. Pp. 240. $42.00 (cloth). ISBN: 978-0674724754. Free to Believe: Rethinking Religious Freedom and Conscience in Canada. By Mary Anne Waldron. Toronto: University of Toronto Press, 2013. Pp. 312. $30.95 (Canadian) (paper). ISBN:... |
2016 |
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| Rory Bahadur |
Individual Sovereignty, Freer Sex, and Diminished Privacy: How an Informed and Realistic Modern Sexual Morality Provides Salvation from Unjustified Shame |
8 Elon Law Review 245 (2016) |
C1-3Table of Contents I Introduction. 246 II. Traditional Sexual Morality. 249 III. Traditional Sexual Morality as an Instrument of Racism and Female Oppression. 253 A. The Augustinian Origins of Judeo-Christian Sexual Morality. 254 B. The Judeo-Christian Justification of Female Oppression. 257 C. The Effect of Normative Judeo-Christian Sexual... |
2016 |
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| Nidhi Shetye |
International Insolvency: an Indian Perspective on Cross-border Treatment of Cases |
39 Fordham International Law Journal 1045 (April, 2016) |
INTRODUCTION. 1046 I. LAWS APPLICABLE TO CROSS-BORDER INSOLVENCY CASES. 1049 A. Overview of the Model Law. 1050 B. Statutes Governing Cross-Border Insolvency in India. 1054 1. Foreign Judgments Under the Code of Civil Procedure, 1908. 1054 2. Winding-Up Procedures under The Companies Act, 1956. 1055 3. Other Laws Assisting the Present Legal... |
2016 |
Yes |
| John W. Head |
International Law, Agro-ecological Integrity, and Sovereignty-proposals for Reform |
63-JUN Federal Lawyer 56 (June, 2016) |
Although modern agriculture presents profound problems that are potentially fatal to the human species, a dramatically different natural-systems agriculture is possible and now under development. International law will need to undergo major reforms in order to facilitate the transition to such a natural-systems agriculture. Two types of reforms are... |
2016 |
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| Rebecca M. Kysar |
Interpreting Tax Treaties |
101 Iowa Law Review 1387 (May, 2016) |
ABSTRACT: The circumstances, if any, that permit non-uniform, or differentiated, treaty interpretation are difficult to define. Generally, a differentiated approach stands in tension with the Vienna Convention's rules of interpretation, which apply a methodology based on plain meaning to all treaties. Yet courts, states, and scholars widely accept... |
2016 |
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| Leah M. Litman |
Inventing Equal Sovereignty |
114 Michigan Law Review 1207 (May, 2016) |
The Supreme Court's 2013 decision in Shelby County v. Holder relied on the fundamental principle and historic tradition of equal sovereignty to hold one of the Voting Rights Act's key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the... |
2016 |
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| P. Sean Morris |
Is Zero Disarmament Possible? Multilateralism and Nuclear Arms Control Treaties |
8 William & Mary Policy Review 40 (Fall, 2016) |
This article concerns two Cold War treaties on nuclear nonproliferation and arms control and whether the success of one treaty can be instrumental in leading to the reduction of nuclear weapons. The Nuclear Non-Proliferation Treaty (NPT) and the Intermediate-Range Nuclear Forces Treaty (INF) have been essential to world peace. Although it might be... |
2016 |
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| Emilia Justyna Powell |
Islamic Law States and the Authority of the International Court of Justice: Territorial Sovereignty and Diplomatic Immunity |
79 Law and Contemporary Problems 209 (2016) |
The principal judicial organ of the United Nations (UN)--the International Court of Justice (ICJ)--adjudicates interstate disputes and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The Court has contributed to the peaceful resolution of disputes by delivering justice in a variety of... |
2016 |
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| Joanna V. Theiss |
It May Be Here to Stay, but Is it Working? The Implementation of the Affordable Care Act Through an Analysis of Coverage of Hiv Treatment and Prevention |
12 Journal of Health & Biomedical Law 109 (2016) |
On June 25, 2015, the Supreme Court upheld a crucial element of the Affordable Care Act (the Act), which provides for subsidies to defray the cost of health insurance for applicable individuals. This decision, coupled with the Court's 2012 decision to uphold the individual mandate, led President Obama to declare that the Affordable Care Act... |
2016 |
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| Julianne Hill |
Jailhouse Warehouse |
102-DEC ABA Journal 42 (December, 2016) |
The audience sitting in the gymnasium bleachers is charged with excitement as the graduation speaker approaches the podium. Student artwork hangs on the cinder block walls nearby, along with handwritten signs that declare The harder I work, the luckier I get and Failing to prepare is preparing to fail. The graduating class of 86 men is dressed... |
2016 |
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| Ian Bartrum |
James Wilson and the Moral Foundations of Popular Sovereignty |
64 Buffalo Law Review 225 (April, 2016) |
The dread and redoubtable sovereign, when traced to his ultimate and genuine source, has been found, as he ought to have been found, in the free and independent man. This truth, so simple and natural, and yet so neglected or despised, may be appreciated as the first and fundamental principle in the science of government. --James Wilson Even most... |
2016 |
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