| Author | Title | Citation | Summary | Year | Key Terms |
| Darryl Li |
Jihad in a World of Sovereigns: Law, Violence, and Islam in the Bosnia Crisis |
41 Law and Social Inquiry 371 (Spring, 2016) |
This article argues that jihads waged in recent decades by foreign fighter volunteers invoking a sense of global Islamic solidarity can be usefully understood as attempts to enact an alternative to the interventions of the International Community. Drawing from ethnographic and archival research on Arab volunteers who joined the 1992-1995 war in... |
2016 |
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| Philip Thai |
Law, Sovereignty, and the War on Smuggling in Coastal China, 1928-1937 |
34 Law and History Review 75 (February, 2016) |
In October 1934, agents from the Chinese Maritime Customs Service received a hot tip that an otherwise unremarkable village off the coast of Shandong was hiding valuable contraband. A search party dispatched to investigate verified the claim after raiding several homes and uncovering sixty-nine bags of sugar. Seeking to add to this already sizeable... |
2016 |
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| Fred Smith |
Local Sovereign Immunity |
116 Columbia Law Review 409 (March, 2016) |
When governmental actors offend federal rights, victims are often left with no one to hold accountable in federal courts. This Article explores this accountability gap in cases involving local officials' violations of the Constitution. Local government, after all, is the layer of government that is often closest to our daily lives, from law... |
2016 |
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| Mitchell A. Kane |
Location Savings and Segmented Factor Input Markets: in Search of a Tax Treaty Solution |
41 Brooklyn Journal of International Law 1107 (2016) |
Introduction. 1108 I. Source Based Taxation of Labor Rents: A Normative Analysis. 1116 A. Efficiency Consequences. 1116 1. Tradeoffs Between Organizational Neutrality and Non-distortionary Rents Taxes. 1117 2. Rethinking Article 5--the Source Entitlement Proposal. 1120 3. Organizational Distortions and the Cushion to Tax Organizational Gains. 1125... |
2016 |
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| Elizabeth Ann Kronk Warner |
Looking to the Third Sovereign: Tribal Environmental Ethics as an Alternative Paradigm |
33 Pace Environmental Law Review 397 (Spring 2016) |
December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... |
2016 |
Yes |
| Thomas B. Nedderman, John A. Safarli , Partners, Floyd Pflueger & Ringer PS |
Maxwell and Tribal Sovereign Immunity in the Ninth Circuit: Restoring a True Purpose or Ignoring Reality? |
2016 Aspatore 2989480 (April, 2016) |
Tribal sovereign immunity is a well-established but often confusing doctrine, especially when applied to claims against individual tribal officials. Three years ago, the Ninth Circuit added to the puzzlement in Maxwell v. County of San Diego, 708 F.3d 1075 (9th Cir. 2013), which permitted a suit for money damages against tribal officials named in... |
2016 |
Yes |
| Spencer Dew, Assistant Professor of Religious Studies, Centenary College of Louisiana |
Moors Know the Law: Sovereign Legal Discourse in Moorish Science Religious Communities and the Hermeneutics of Supersession |
31 Journal of Law and Religion 70 (March, 2016) |
Among the many individuals and groups espousing affiliation with the Moorish Science Temple of America movement, some continue founding prophet Noble Drew Ali's emphasis on engaging in American citizenship as a religious duty, while others interpret the prophet's scriptures to lend authority to claims of being outside the jurisdiction of American... |
2016 |
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| Lindsey Ratcliff |
Native American Law Students Association, Natural Resources and Environmental Law Society, and the University of Denver Water Law Review Panel |
20 University of Denver Water Law Review 125 (Fall, 2016) |
On September 27, 2016, the University of Denver Sturm College of Law (DU) hosted a panel discussion about the current legal fight over the Dakota Access Pipeline in North Dakota. The panel addressed legal, historical, social justice, and environmental justice topics related to the dispute. The discussion was co-sponsored by DU's Natural Resources... |
2016 |
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| Vinita Banthia |
Neglected Diseases: How Intellectual Property Can Incentivize New Treatment |
16 Chicago-Kent Journal of Intellectual Property 241 (Fall, 2016) |
I. Introduction. 241 II. Background on Neglected Tropical Diseases. 244 A. Neglected Diseases: What are they?. 244 B. Current Legal and Social Initiatives in Place to Address Neglected Diseases. 246 III. Argument/Analysis. 249 A. Why Should We Care?: Impact of the Neglected Diseases on Communities--Overseas and In the United States. 249 B. Reasons... |
2016 |
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| Jessica K. Phillips |
Not All Pro Se Litigants Are Created Equally: Examining the Need for New Pro Se Litigant Classifications Through the Lens of the Sovereign Citizen Movement |
29 Georgetown Journal of Legal Ethics 1221 (Fall, 2016) |
Much to the chagrin of many trial court judges, the number of pro se litigant filings in the U.S. judicial system has steadily increased over the past two decades. While some judges view accommodating the needs of individual pro se litigants as a necessary aspect of ensuring equal access to justice, others view pro se litigants collectively as a... |
2016 |
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| Gavin Clarkson , Katherine A. Spilde , Carma M. Claw |
Online Sovereignty: the Law and Economics of Tribal Electronic Commerce |
19 Vanderbilt Journal of Entertainment and Technology Law L. 1 (Fall, 2016) |
In 1886, the US Supreme Court wrote that, for Indian tribes, the people of the states where they are found are often their deadliest enemies. Recently, state agencies and regulators have continued that tradition of hostility by improperly attempting to regulate electronic commerce businesses operated by tribal governments that are more properly... |
2016 |
Yes |
| Deepa Sharma |
Out of Thin Air: Evaluating the Legality of the Clean Power Plan under the Equal Sovereignty Principle |
43 Hastings Constitutional Law Quarterly 949 (Summer 2016) |
On October 23, 2015, the Environmental Protection Agency (EPA) finalized a groundbreaking rule, known as the Clean Power Plan, which would reduce carbon emissions by focusing on pollution from power plants and setting state-specific emissions goals. The overall purpose of the rule is to decrease the United States' CO2 emission levels from the... |
2016 |
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| Deepa Sharma |
Out of Thin Air: Evaluating the Legality of the Clean Power Plan under the Equal Sovereignty Principle |
22 Hastings West-Northwest Journal of Environmental Law & Policy 247 (Summer, 2016) |
I. Introduction II. Background III. The Equal Sovereignty Principle A. United States v. Ptasynski B. Nuclear Energy Institute, Inc. v. Environmental Protection Agency (NEI) C. Shelby County v. Holder D. NCAA v. New Jersey IV. Applying the Equal Sovereignty Doctrine to the Clean Power Rule V. The Equal Sovereignty Framework A. Whether the Equal... |
2016 |
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| Adam Bolotin |
Out of Touch: Shelby County v. Holder and the Callous Effects of Chief Justice Roberts's Equal State Sovereignty |
49 John Marshall Law Review 751 (Spring, 2016) |
I. John Roberts Jr. and the Elegant Art of Foreshadowing. 751 II. A Repulsive Past Is Best Left Unforgotten. 753 A. A War Was Won, but a Battle Had Just Begun. 753 1. One Step Forward, Now Turn Around and Keep Walking: The End of Reconstruction. 756 2. Congress Takes a Stand: The Birth of the Voting Rights Act. 759 3. The Scaling Back of the VRA.... |
2016 |
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| Victor Kattan |
Palestine and the Secret Treaties |
110 AJIL Unbound 109 (2016) |
The Sykes-Picot agreement is the foremost example of Western double-dealing in the Middle East since the discovery of oil. The agreement, formalized in an exchange of notes between the British Foreign Secretary and the French Ambassador to the United Kingdom in London, is named after its principal negotiators Sir Mark Sykes (1879-1919) and... |
2016 |
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| Elizabeth A. Wilson |
'People Power' and the Problem of Sovereignty in International Law |
26 Duke Journal of Comparative & International Law 551 (Spring 2016) |
INTRODUCTION. 551 I. NONVIOLENT CIVIL RESISTANCE MOVEMENTS: AN OVERVIEW. 554 II. THE KING'S TWO BODIES (OF LAW). 562 A. Internal and External Sovereignty. 562 B. Nonintervention and Effective Control. 565 III. PROPOSALS FOR RECONCEPTUALIZING EXTERNAL SOVEREIGNTY: PATERNALISTIC, NOT POPULAR. 570 A. Right to Democracy. 571 B. The Responsibility to... |
2016 |
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| Michalyn Steele |
Plenary Power, Political Questions, and Sovereignty in Indian Affairs |
63 UCLA Law Review 666 (March, 2016) |
A generation of Indian law scholars has roundly, and rightly, criticized the Supreme Court's invocation of the political question and plenary power doctrines to deprive tribes of meaningful judicial review when Congress has acted to the tribes' detriment. Courts have applied these doctrines in tandem so as to frequently leave tribes without... |
2016 |
Yes |
| Max H. Hulme |
Preambles in Treaty Interpretation |
164 University of Pennsylvania Law Review 1281 (April, 2016) |
Introduction. 1282 I. Defining the Preamble. 1288 A. Preambles in U.S. Domestic Interpretation. 1290 B. Preambles in World Constitutions. 1293 II. The VCLT: Text & Context, Object & Purpose. 1296 A. Articles 31-32 and the Textual Focus. 1297 B. Preambles in Practice: Object and Purpose. 1300 C. Reconciling the Text-and-Context and... |
2016 |
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| Jacquelyn Amour Jampolsky |
Property, Sovereignty, and Governable Spaces |
34 Law & Inequality: A Journal of Theory and Practice 87 (Winter, 2016) |
This Article responds to the controversy surrounding the recent U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community regarding off-reservation assertions of tribal sovereignty. Although the Bay Mills Court upheld tribal sovereign immunity over land purchased outside reservation boundaries, opinions about whether the decision was... |
2016 |
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| William M. Haney |
Protecting Tribal Skies: Why Indian Tribes Possess the Sovereign Authority to Regulate Tribal Airspace |
40 American Indian Law Review Rev. 1 (2015-2016) |
Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian... |
2016 |
Yes |
| Jeffrey Kahn |
Protection and Empire: the Martens Clause, State Sovereignty, and Individual Rights |
56 Virginia Journal of International Law L. 1 (Spring 2016) |
The Martens Clause was a last-minute compromise that saved the 1899 Hague Convention with Respect to the Laws and Customs of War on Land. In its original formulation, the clause shielded individuals under the protection and empire of international law, principles of humanity, and the dictates of the public conscience. F. F. Martens, its author,... |
2016 |
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| |
Reconciling State Sovereign Immunity with the Fourteenth Amendment |
129 Harvard Law Review 1068 (February, 2016) |
The United States was and is an experiment with a previously unknown form of government: not a single sovereign, not a loose coalition of independent states, but both together. When ratified in 1788, the Constitution split the atom of sovereignty and established an unprecedented federal system. The states remained autonomous, but--after the... |
2016 |
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| Adam Sorenson |
South Ossetia and Russia: the Treaty, the Takeover, the Future |
42 North Carolina Journal of International Law 223 (Fall, 2016) |
I. Introduction. 223 II. The Modern Right of Self-Determination. 225 III. The Treaty on Alliance and Integration. 228 A. The History of South Ossetia. 228 B. The Russia-South Ossetian Treaty on Alliance and Integration. 231 IV. The Legality of The Treaty on Alliance and Integration. 234 A. Russia's Argument for Self-Determination. 234 B. The... |
2016 |
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| Colin Miller |
Sovereign Impunity: Why Double Jeopardy Should Apply in Puerto Rico |
73 Washington and Lee Law Review Online 174 (6/28/2016) |
On January 13th, 2016, the Supreme Court of the United States heard oral arguments in Puerto Rico v. Sanchez Valle. The question that the Court must decide is whether the federal government and the Commonwealth of Puerto Rico are separate sovereigns for purposes of the Double Jeopardy Clause. This essay argues that the Supreme Court cannot answer... |
2016 |
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| Melissa Stewart |
Sovereign Lands |
2 One J: Oil and Gas, Natural Resources, and Energy Journal 391 (September, 2016) |
C1-2Table of Contents I. Introduction. 391 II. State of Wyoming v. United States Department of Interior. 392 A. Background and Facts. 392 B. Analysis. 392 III. Barlow & Haun, Inc. v. United States. 393 A. Background and Facts. 393 B. Analysis. 394 IV. Legislative Activity. 395 |
2016 |
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| Robert T. Anderson |
Sovereignty and Native Self-government and Rights to Hunt, Fish, and Gather after Ancsa |
33 Alaska Law Review 187 (December, 2016) |
The Alaska Native Claims Settlement Act (ANCSA) was passed in 1971 to extinguish aboriginal rights of Alaska Natives and provide compensation for those rights extinguished. Instead of vesting assets (land and money) in tribal governments, Congress required the formation of Alaska Native corporations to receive and hold these assets. A major flaw in... |
2016 |
Yes |
| Kent McNeil |
Sovereignty and Indigenous Peoples in North America |
22 U.C. Davis Journal of International Law and Policy 81 (Spring 2016) |
I. Introduction. 82 II. Defining Sovereignty. 82 III. Political Authority in Western Europe and Indigenous North America. 88 A. Western Europe. 88 B. Indigenous North America. 90 IV. De Facto Versus De Jure Sovereignty. 94 V. Defining De Facto Sovereignty. 100 VI. Conclusion. 103 |
2016 |
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| Matthew T. King |
Sovereignty's Gray Area: the Delimitation of Air and Space in the Context of Aerospace Vehicles and the Use of Force |
81 Journal of Air Law and Commerce 377 (Summer, 2016) |
Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact... |
2016 |
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| Noah M. Kazis |
Special Districts, Sovereignty, and the Structure of Local Police Services |
48 Urban Lawyer 417 (Summer, 2016) |
Local government is fragmented--usually. It is fragmented geographically, of course, with metropolitan areas carved into hundreds of independent municipalities. But local government is also fragmented functionally. For decades, single-purpose special districts have been replacing traditional general-purpose local governments, like cities and... |
2016 |
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| Pablo J. Davis |
Spiritual-treatment Exemptions to Child Neglect Statutes--state v. Crank: Vagueness and Establishment Clause Challenges to Selective Prosecution of Faith-healing Parents |
46 University of Memphis Law Review 761 (Spring, 2016) |
I. Introduction. 761 II. Background and Issues. 764 A. Vagueness. 764 B. Establishment Clause. 766 C. Elision. 769 D. Spiritual Treatment Exemptions. 772 1. Early Cases. 772 2. ST Exemptions. 774 3. Oklahoma. 776 4. Ohio. 777 5. California. 778 6. Minnesota. 779 7. Tennessee. 780 III. State v. Crank. 781 A. Background and History. 781 B. The... |
2016 |
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| Josh Blackman |
State Judicial Sovereignty |
2016 University of Illinois Law Review 2033 (2016) |
In our dual sovereignty with a dual judiciary, it is the received wisdom that Congress has plenary power over the state courts through concurrent, mandatory, and exclusive jurisdiction. Congress, the argument goes, can allow, require, or forbid state courts from hearing federal causes of action. The Supreme Court, however, has sketched out an... |
2016 |
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| |
Supreme Court Hears Oral Argument in State Sovereignty Case |
26-MAR Journal of Multistate Taxation and Incentives 43 (March/April, 2016) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She thanks K. Craig Reilly for his contributions to this column. In this issue of the Journal, we discuss the oral argument in Franchise Tax Board of the State of California v. Hyatt (Docket No. 14-1175). At issue before the Court is the scope of sovereign... |
2016 |
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| Sonja B. Starr |
Testing Racial Profiling: Empirical Assessment of Disparate Treatment by Police |
2016 University of Chicago Legal Forum 485 (2016) |
Statistical evidence plays a central role in litigation, scholarship, and public debates about race and policing. At one level, the statistical picture is clear: people of color in the United States, especially black men, interact with police far more often than white Americans do. Black Americans are about 2.5 times more likely to be arrested each... |
2016 |
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| Barbara Cosens |
The Columbia River Treaty: an Opportunity for Modernization of Basin Governance |
27 Colorado Natural Resources, Energy & Environmental Law Review 27 (Winter 2016) |
I. INTRODUCTION. 29 II. THE 1964 COLUMBIA RIVER TREATY. 31 III. CHANGES IN THE COLUMBIA RIVER BASIN SINCE 1964. 33 IV. REVIEW OF THE COLUMBIA RIVER TREATY: 2010-2013. 38 V. CONCLUSION. 42 The headwaters of the Columbia River are in the Rocky Mountains of British Columbia, Idaho, and Montana. From its headwaters, the Columbia River's mainstem flows... |
2016 |
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| Jarrod Tudor |
The Common Market for International Students: Does a Right to Free Movement and Equal Treatment for Students Exist in the European Union? |
37 Northern Illinois University Law Review Rev. 1 (Fall, 2016) |
The market for international students in Europe is a lucrative one. Although there is no express free movement of students in the Treaty on the Functioning of the European Union (TFEU), the European Court of Justice (ECJ) has combined, through its jurisprudence, several provisions of European Union (EU) law to create a de facto right of free... |
2016 |
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| Geneva E.B. Thompson |
The Double-edged Sword of Sovereignty by Native Nations Can Wield Environmental Justice in the Fight Against the Harms of Fracking |
63 UCLA Law Review 1818 (August, 2016) |
Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... |
2016 |
Yes |
| Elizabeth Lohah Homer |
The Dynamic Legal Environment of Daily Fantasy Sports |
41 American Indian Law Review 219 (2016) |
Up until the fall of 2015, Daily Fantasy Sports (DFS) in the United States had benefited from a rapid growth in revenue, an increasing acceptance into the American sports landscape, and scant regulation from state and federal governments. A respectable research firm in the gaming world projected unmitigated growth for 2016 until a mixture of... |
2016 |
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| Tiana J. Cherry |
The E-2 Treaty Investor Visa Dilemma: Violations of Law and Limitations on Foreign Investment |
6 American University Business Law Review 137 (2016) |
Although the Immigration and Nationality Act established the E-2 treaty investor visa (E-2 visa) to attract foreign investors to the United States, the visa requirements limit many individuals from being eligible to invest in the United States' economy. To be eligible for the E-2 visa, the potential investor must show that he or she is a citizen... |
2016 |
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| Crowell & Moring LLP |
The Foreign Sovereign Immunities Act: 2014 Year in Review |
22 Law & Business Review of the Americas 141 (Summer, 2016) |
The Foreign Sovereign Immunities Act (FSIA) provides the exclusive basis for suing a foreign sovereign in United States courts. While the FSIA generally grants immunity to foreign sovereigns, it also lays out a number of exceptions under which U.S. courts may exercise jurisdiction. Thus, plaintiffs have used this statute as a basis to sue foreign... |
2016 |
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| Eric Chung |
The Judicial Enforceability and Legal Effects of Treaty Reservations, Understandings, and Declarations |
126 Yale Law Journal 170 (October, 2016) |
The United States often ratifies multilateral treaties by relying on what are commonly referred to as reservations, understandings, and declarations (RUDs). RUDs limit the domestic effect of treaties and confine provisions to particular meanings consistent with the United States' practices. In recent years, during and after the U.S. Supreme Court's... |
2016 |
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| Carlo Felizardo |
The Modern Treaty-executing Power: Constitutional Complexities in Contemporary Global Governance |
110 Northwestern University Law Review 1235 (2016) |
Abstract--Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary... |
2016 |
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| Chelsea Creta |
The No-fly List: the New Redress Procedures, Criminal Treatment, and the Blanket of "National Security" |
23 Washington and Lee Journal of Civil Rights and Social Justice 233 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 234 II. The Department of Homeland Security's Traveler Redress Program (DHS TRIP), the Old Procedures, and Judicial Dismissal. 239 A. The Old Procedures. 239 B. District Courts Dismiss No-Fly List Cases in a Post 9/11 World. 241 III. The District Courts Gain Jurisdiction and the New Redress Procedures Are... |
2016 |
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| Eric C. Ip |
The Politics of the Constitutional Common Law in Hong Kong under Chinese Sovereignty |
25 Washington International Law Journal 565 (June, 2016) |
Abstract :This article studies how the Hong Kong Court of Final Appeal has come to develop a sophisticated judicial gloss on the provisions of the Basic Law, Hong Kong's constitutional document, in ways unforeseen by the Chinese National People's Congress that enacted it. The ascendancy of constitutional common law in Hong Kong after the end of... |
2016 |
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| Joann Ezeoba |
The Rhetoric of Sovereignty in the Wto: How Sovereignty Can Impact State Conduct in the Dispute Settlement Framework |
7 Creighton International and Comparative Law Journal 182 (2016) |
Sovereignty as it is understood in the modern day, dates back to the development of individual states, and became most apparent in practice by the time that the Peace of Westphalia treaties were signed in 1648. It was promulgated by the writings of scholars such as Machiavelli, Bodin, and Hobbes, and was etched in the teachings and practice of the... |
2016 |
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| Michael J. Glennon , Robert D. Sloane |
The Sad, Quiet Death of Missouri v. Holland: How Bond Hobbled the Treaty Power |
41 Yale Journal of International Law 51 (Winter 2016) |
Introduction. 52 I. The Treaty Clause Versus the Tenth Amendment?. 55 II. Deciphering Holmes's Cryptic Opinion in Holland. 58 A. The Textual Rationale. 59 B. The Force of Functionalism and Adaptivism in Holland. 61 1. How Holmes Framed the Constitutional Question--and Why. 61 2. Holland's Functionalist Rationale. 63 3. The Andrews Analogy. 65 C. An... |
2016 |
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| Lauren Bursey |
They're People Too: Why U.s. Courts Should Give Foreign Agencies and Instrumentalities Due Process Rights under the Foreign Sovereign Immunities Act (Fsia) |
66 DePaul Law Review 221 (Fall, 2016) |
A domestic state's laws of incorporation define a corporation as a legal entity; rules of its creation, organization, and dissolution also stem from state law. But for their ownership or foundational origins, state-owned corporations' ties to a foreign state would be completely unknown and irrelevant. Determining which jurisdictions allow foreign... |
2016 |
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| J. Ross Macdonald |
Time Present and Time Past: U.s. Anti-treaty Shopping History, Policy and Rules |
70 Tax Lawyer Law. 5 (Fall, 2016) |
This Article comprehensively discusses U.S. anti-treaty shopping (limitation on benefits) rules contained in U.S. income tax treaties up to and including the rules contained in the 2016 U.S. Model Treaty. In this context, anti-treaty shopping rules generally can be defined as rules intended to limit the circumstances in which residents of third... |
2016 |
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| Michael Adams |
Towards Reconciliation: a Proposal for a New Theory of Crown Sovereignty |
49 U.B.C. Law Review Rev. 1 (January, 2016) |
Historically, Canada has been occupied by many different states, both European nations like Britain and France, and Aboriginal nations like the Haida, Iroquois, and Huron. While the descendants of these early inhabitants still call Canada home, only one nation continues to enjoy the absolute power that it enjoyed historically. The courts of this... |
2016 |
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| Charles H. Brower II |
Trans-pacific Partnership: Continuity and Breakthroughs in U.s. Investment Treaty Practice |
27 American Review of International Arbitration 145 (2016) |
In October 2015, the United States completed negotiations for the Trans-Pacific Partnership (TPP), a free trade agreement among twelve Pacific Rim states. According to the White House, TPP will rewrite the rules of trade, will include high standards . that . upgrade our existing agreements, and will have a profound impact on . how we invest... |
2016 |
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| Chelsea S. Novelli |
Treaty Law--the Broad Interpretation of "Lapse of Time" Provides Protections Beyond the Bounds of the U.s.-mex. Treaty--martinez v. United States, 793 F.3d 533 (6th Cir. 2015), Reh'g En Banc Granted, Vacated (Oct. 14, 2015). |
39 Suffolk Transnational Law Review 239 (Winter 2016) |
The United States Extradition Treaty with Mexico is in place, as an agreement between the two sovereign nations, for the purpose of honoring each nation's laws. Article 7 of the U.S.-Mexico Extradition Treaty (Extradition Treaty) provides [e]xtradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for... |
2016 |
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