| Author | Title | Citation | Summary | Year | Key Terms |
| William P. Stork, Jordan Beumer |
Sovereign Citizens in South Carolina |
30-JAN South Carolina Lawyer 42 (January, 2019) |
It appears to be a normal Monday morning when you arrive to the office. While you wait for the first pot of coffee to brew, you open the mail received over the weekend. Nestled amongst the bills and usual correspondence is a pleading that is unrecognizable and unintelligible. The body of the pleading makes reference to various Uniform Commercial... |
2019 |
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| Anthony J. Zucchero, Warren Thomas |
Sovereign Immunity: a "Get out of Jail Free" Card for State Patent Owners at the Ptab? |
18 Chicago-Kent Journal of Intellectual Property 76 (6/4/2019) |
The America Invents Acts (AIA) introduced new post-grant proceedings, including the inter partes review (IPR), designed to stem the tide of rising patent litigation costs and address perceived deficiencies in patent quality. IPRs allow third parties to challenge the validity of claims in an issued patent in view of printed publications and... |
2019 |
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| Brent D. Chicken, Amanda J. Dick |
Sovereign Lands |
5 One J: Oil and Gas, Natural Resources, and Energy Journal 273 (September, 2019) |
C1-2Table of Contents I. Introduction. 273 II. Federal Regulatory Developments. 274 A. Amendments. 274 B. New Rules. 275 III. Judicial Developments. 276 A. Applications to Drill on Public Lands. 276 B. Inspections of Lease Sites on Private Lands. 278 |
2019 |
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| Amir Shachmurove |
Sovereign Speech in Troubled Times: Prosecutorial Statements as Extrajudicial Admissions |
86 Tennessee Law Review 403 (Winter, 2019) |
Well, that's what I'm a-saying; all kings is mostly rapscallions, as fur as I can make out. --Mark Twain I. Introduction. 406 II. Snapshots: Jumbled Rules and Manufactured Standards. 409 A. Olive. 409 B. Nicky. 411 C. Forbes. 412 1. Phantom Immunity. 413 2. Altered Notes. 414 3. Circuit's View. 415 III. State of the Law. 415 A. Prelude. 415 1.... |
2019 |
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| David Kearns |
Sovereignty and Common Law Judicial Office in Taylor's Case (1675) |
37 Law and History Review 397 (May, 2019) |
In Michaelmas term 1675, John Taylor appeared before the Court of King's Bench, the highest common law court in England. Taylor was a farmer, and during the Interregnum had been a preacher. He was accused of having declared before three other men in Guildford, in the county of Surrey, that religion was a cheat, and that Christ was a whoremaster... |
2019 |
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| Bruce G. Carruthers, Melike Arslan |
Sovereignty, Law, and Money: New Developments |
15 Annual Review of Law and Social Science 521 (2019) |
legal tender, monetary standards, valuation, money laundering, counterfeiting, Bitcoin Money has remained closely connected to political sovereignty even as polities changed from empires and kingdoms to dictatorships and democracies, and as money shifted from coin to paper and now to digital currency. Money constitutes a claim on value in exchange... |
2019 |
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| Stacey A. Tovino |
State Benchmark Plan Coverage of Opioid Use Disorder Treatments and Services: Trends and Limitations |
70 South Carolina Law Review 763 (Spring, 2019) |
I. Introduction. 764 II. Background Information Regarding Opioid Use Disorder. 767 III. Mental Health Parity Law & Mandatory Mental Health and Substance Use Disorder Law. 772 IV. Discussion of State Benchmark Plans. 782 A. Only One State Took Advantage of the Opportunity Which the 2018 Final Regulations Presented to Improve Opioid Use Disorder... |
2019 |
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| Lieutenant Colonel Jimmy Gutzman |
State Responsibility for Non-state Actors in Times of War: Article Vi of the Outer Space Treaty and the Law of Neutrality |
80 Air Force Law Review 87 (2019) |
I. Introduction. 89 II. State Responsibility for Non-State Actors Under General International Law and International Space Law. 91 A. State Responsibility Under General International Law. 92 B. State Responsibility Under International Space Law. 94 1. State Responsibility for Non-State Actors in the Outer Space Treaty. 94 2. State Responsibility for... |
2019 |
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| Connor J. Hansen |
Taking Patent Rights: Sovereign Immunity & the Fourteenth Amendment in Patent Validity & Inventorship Challenges |
100 Journal of the Patent and Trademark Office Society 619 (2019) |
L1-3Contents L1I. L2Introduction. L3620 L1II. L2The Entitlement To Patent Rights, The Process of Obtaining Them & The Processes for Challenging Granted Patents. L3623 A. Obtaining & Owning Patent Rights: Proving Statutory Minimum Standards & Assigning Patent Rights. 624 B. Challenging Patents: Federal Court & PTO Procedures. 625 1. Actions in... |
2019 |
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| Alan O. Sykes |
The Economic Structure of International Investment Agreements with Implications for Treaty Interpretation and Design |
113 American Journal of International Law 482 (July, 2019) |
This Article argues that international investment agreements (IIAs) serve a dual economic function--to discipline host country policies that impose international externalities on foreign investors, and to curtail inefficient risks associated with agency costs, risk aversion, asymmetric information, and time inconsistency problems that... |
2019 |
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| Anton N. Didenko , Ross P. Buckley |
The Evolution of Currency: Cash to Cryptos to Sovereign Digital Currencies |
42 Fordham International Law Journal 1041 (April, 2019) |
In 2009, Bitcoin created a world-first decentralized alternative currency that has spawned over 1,700 imitations by private parties. In 2018, governments finally joined the race, as Venezuela issued a world-first sovereign digital currency. Major economies like Canada, China, Singapore and the United Kingdom are all developing their own versions.... |
2019 |
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| John D. Leshy |
The Interaction of U.s. Public Lands, Water, and State Sovereignty in the West: a Reassessment and Celebration |
41 Public Land & Resources Law Review Rev. 1 (2019) |
I. Introduction. 1 II. Establishing the National Forests. 4 III. The Other Side of a Grand Bargain: Federal Water Projects. 11 IV. The Grand Bargain Was Thoroughly Bipartisan. 13 V. State-Federal Authority Over Water Rights. 15 VI. Indian Tribes and Their Water Rights. 18 VII. Resolving State-Federal Tensions Over Water Rights. 19 VIII. Montana's... |
2019 |
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| Donald H. Stone |
The Least Restrictive Environment for Providing Education, Treatment, and Community Services for Persons with Disabilities: Rethinking the Concept |
35 Touro Law Review 523 (2019) |
Persons with disabilities seek acceptance and connection in society. From individuals with mental illness, children with intellectual disabilities, and wheelchair users, all desire integration rather than isolation, mainstreaming rather than segregation. In fact, the American with Disabilities Act of 1990 (hereinafter ADA), the landmark civil... |
2019 |
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| Luis Gil Abinader , Jorge L. Contreras |
The Patentability of Genetic Therapies: Car-t and Medical Treatment Exclusions Around the World |
34 American University International Law Review 705 (2019) |
I. INTRODUCTION. 707 II. CAR-T AND GENETIC THERAPIES. 709 A. Overview of CAR-T Therapy. 709 B. Regulatory Approval of Gene and Cell Therapies. 712 1. U.S. Regulatory Framework for Gene Therapies. 712 2. EU Regulatory Framework for Gene Therapies. 714 3. Recent CAR-T Regulatory Approvals. 715 C. The Patenting of CAR-T. 718 II. PATENT EXCLUSIONS FOR... |
2019 |
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| |
The Sovereign Self-preservation Doctrine in Environmental Law |
133 Harvard Law Review 621 (December, 2019) |
Federal, state, and tribal sovereignties comingle in our compound republic of America. Imagine that one of these sovereigns, or its citizens, threatens the health or safety of its neighbor. How may the jeopardized neighbor protect itself? The law has an answer to this question--well, four answers. The Supreme Court has developed four separate... |
2019 |
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| Jessica C. Robinson |
The Unseen Forms of Violence Against Women: Why Psychological Abuse must Be Treated as a Criminal Offense |
18 Appalachian Journal of Law 75 (2018/2019) |
On Monday, December 26, 2016, Sheri Shermeyer, a 40-year-old mother, was found by the Pennsylvania State Police in her home in Glen Rock, Pennsylvania, dead from a gunshot wound to her head. Shermeyer had suffocated her 1-year-old son, John Shermeyer, before she killed herself. Two hours prior to the police finding the bodies of Shermeyer and her... |
2019 |
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| Eric Loefflad |
The World Revolutionary Origins of the Crime of Aggression: Sovereignty, (Anti-)Imperialism, and the Soviet Union's Contradictory Geopolitics of Global Justice |
12 Unbound: Harvard Journal of the Legal Left Left 1 (2019) |
Despite the importance of Soviet influences in developing an international legal basis for holding individuals criminally liable for planning and waging aggressive war at Nuremberg, relatively little research has been done on this innovation's place within the broader Soviet agenda. In addressing this gap, this article provides a multifaceted... |
2019 |
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| Sam Halabi |
Viral Sovereignty, Intellectual Property, and the Changing Global System for Sharing Pathogens for Infectious Disease Research |
28 Annals of Health Law and Life Sciences 101 (Winter, 2019) |
Access to biological samples is crucial to the research and development process that leads to diagnostics, therapeutics, and vaccines to address new and reemerging infectious diseases. Biological samples provide raw data about the pathogen, allow researchers to analyze the evolution of the pathogen, and to understand the mechanisms of replication... |
2019 |
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| Nanci K. Carr, J.D. |
Was Allergan's Patent-housing Agreement in Exchange for Sovereign Immunity a "Sham to Subvert the Existing Intellectual Property System?" |
46 Rutgers Law Record 31 (2018-2019) |
Allergan plc was fighting to protect its patents from potential infringers and to delay generic knockoffs in order to maintain its monopoly on Restasis, an eye medication generating in excess of $1.2 billion dollars annually. The Saint Regis Mohawk tribe was not generating enough revenue from its casino to support its $50 million annual budget. The... |
2019 |
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| Andrew Rome |
Black Snake on the Periphery: the Dakota Access Pipeline and Tribal Jurisdictional Sovereignty |
93 North Dakota Law Review 57 (2018) |
[W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as... |
2018 |
Yes |
| Michalyn Steele |
Congressional Power and Sovereignty in Indian Affairs |
2018 Utah Law Review 307 (2018) |
The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,... |
2018 |
Yes |
| Rob Roy Smith |
Contract Waivers for Tribal Sovereign Immunity: What Every Idaho Attorney Needs to Know |
61-APR Advocate 28 (March/April, 2018) |
You've negotiated thousands of contracts in your career. You're convinced you can draft a binding contract between an Indian tribe and a non-Indian business. You may want to think again. Whether you represent an Indian tribe or seek to do business with a tribe, a basic understanding of tribal sovereign immunity is critical. Working with tribes can... |
2018 |
Yes |
| Christopher B. Chaney |
Data Sovereignty and the Tribal Law and Order Act |
65-APR Federal Lawyer 22 (April, 2018) |
The provision of criminal justice services in Indian country is a key aspect of tribal sovereignty. These services, which may include policing, investigations, courts, corrections, sex offender registration, and probation/parole, are vital to the safety, vitality, and economic security of all communities. With the rapid development of technology in... |
2018 |
Yes |
| Mary Kathryn Nagle |
Environmental Justice and Tribal Sovereignty: Lessons from Standing Rock |
127 Yale Law Journal Forum 667 (1/20/2018) |
ABSTRACT. The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding... |
2018 |
Yes |
| Ryan Hickey |
Highway Culverts, Salmon Runs, and the Stevens Treaties: a Century of Litigating Pacific Northwest Tribal Fishing Rights |
39 Public Land & Resources Law Review 253 (2018) |
I. Introduction. 254 II. Early Treaty Years and Origins of Conflict. 256 III. The Tribes Take on the State. 258 IV. The Ninth Circuit's 2016-2017 Decision. 263 A. A duty to protect salmon populations and habitat. 263 B. The United States did not waive its ability to allege a Treaty violation. 264 V. From Circuit to Supreme: Exhausting Remedies and... |
2018 |
Yes |
| Morgan Medders |
How the Ninth Circuit Severed the Indian Civil Rights Act from Federal Habeas Corpus Precedent under the Guise of Tribal Sovereignty |
42 American Indian Law Review 423 (2018) |
Two competing interests dominate the interplay between federal Indian law and individual civil rights. On one hand, the U.S. government uplifts tribal sovereignty and recognizes the importance of tribal self-governance, and nowhere is this more special than setting the guidelines for tribal membership. On the other hand, the individual liberties... |
2018 |
Yes |
| |
Income from Selling Gravel Not Exempt under Seneca Indian Treaties |
100 Practical Tax Strategies 43 (April, 2018) |
In Perkins, 150 TC No. 6 (2018), the Tax Court analyzed two treaties with the Seneca Indian Nation and determined that income earned by a Seneca Indian from selling gravel mined on Seneca land was not exempt from taxation under those treaties. The taxpayers, Mr. and Mrs. Perkins, enrolled members of the Seneca Nation, removed gravel from Seneca... |
2018 |
Yes |
| James Choi |
Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity |
16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) |
Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... |
2018 |
Yes |
| James Choi |
Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity |
16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) |
Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... |
2018 |
Yes |
| Maya Ginga |
Patently Absurd: Critiquing the Uspto's Disparate Treatment of Tribal and State Immunity in Inter Partes Review |
75 Washington and Lee Law Review 1703 (Summer, 2018) |
C1-3Table of Contents I. Introduction. 1704 II. Introduction to Patent Law. 1715 A. Philosophical Justifications. 1715 B. The Contemporary Patent System. 1718 III. Sovereign Immunity. 1725 A. Tribal Sovereignty. 17285 B. Tribal Economic Liberty and Self-Determination. 1735 C. State Sovereignty. 1736 IV. The Intersection of Intellectual Property and... |
2018 |
Yes |
| Claudia Azzam |
Piercing the Tribal Veil: Tribal Sovereign Immunity in the Anomalous Context of the Pharmaceutical Industry |
20 Rutgers Race & the Law Review 39 (2018) |
The pharmaceutical giant, Allergan, recently transferred ownership of its patents covering its blockbuster eye medication for Restasis to a Native American tribe. Allergan did so in an attempt to use the Saint Regis Mohawk Tribe's sovereign immunity to shield its patents from inter partes review, an administrative proceeding conducted by the Patent... |
2018 |
Yes |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Reuven S. Avi-Yonah , Haiyan Xu |
A Global Treaty Override? The New Oecd Multilateral Tax Instrument and its Limits |
39 Michigan Journal of International Law 155 (Spring, 2018) |
On June 7, 2017, seventy-six countries met in Paris for the official signing of a new multilateral tax instrument (MLI). The text and commentary of the MLI were published in November 2016 by the Organization for Economic Cooperation and Development (OECD). The OECD stated: The Multilateral Convention to Implement Tax Treaty Related Measures to... |
2018 |
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| Derek Warden |
A Helping Hand: Examining the Relationship Between (1) Title Ii of the Ada's Abrogation of Sovereign Immunity Cases and (2) the Doctrine of Qualified Immunity in §1983 and Bivens Cases to Expand and Strengthen Sources of "Clearly Established Law" in Civil |
29 George Mason University Civil Rights Law Journal 43 (Fall, 2018) |
Civil rights litigation is often primarily focused on the statute, 42 U.S.C. § 1983. However, there are a plethora of other statutes and doctrines that apply to protect civil rights. For example, Title VII protects people from discrimination in employment on the basis of race, color, religion, sex, or national origin. Section 1981 prohibits... |
2018 |
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| David Lempert, Ph.D., J.D., M.B.A., E.D. (Hon), superlemp@yahoo.com |
A Treatise on International Development Law |
11 DePaul Journal for Social Justice Just. 1 (Winter, 2018) |
Abstract: This article presents an overview of the first legal treatise on international development law, summarizing the codification of international law that the author has developed to hold donors and non-governmental organizations (NGOs) in international development to their own (international and legal and professional) standards and... |
2018 |
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| Kate Gunn |
Agreeing to Share: Treaty 3, History & the Courts |
51 U.B.C. Law Review 75 (January, 2018) |
In 2014, the Supreme Court of Canada opened its landmark judgment in Grassy Narrows with the statement that, upon entering into Treaty 3 in 1873, the Ojibway yielded ownership of their territory to the Government of the Dominion of Canada in exchange for reserve lands, payments, and certain limited rights on nonreserve lands in 1873. The... |
2018 |
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| Vern Norviel, Charles Andres, Xiaozhen “Shawn” Yu |
All Patents Are Not Created Equal |
10 Landslide 15 (January/February, 2018) |
The America Invents Act (AIA) created new US post-grant patent challenge proceedings--including inter partes review (IPR). Conducted in the United States Patent and Trademark Office (USPTO), post-grant challenges are adjudicated by administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB). Post-grant challenges have proved... |
2018 |
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| Jordan Smith |
An Examination of the Need for Campaign Finance Reform Through the Lens of the United States Treaty Clause and Environmental Protection Treaties |
43 William and Mary Environmental Law and Policy Review 299 (Fall, 2018) |
The United States' federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and... |
2018 |
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| Peter Margulies |
Bans, Borders, and Sovereignty: Judicial Review of Immigration Law in the Trump Administration |
2018 Michigan State Law Review Rev. 1 (2018) |
C1-2Table of Contents Introduction. 2 I. Stewardship, Governance, and the Challenge Of Immigration Law. 13 A. The Framers' Stewardship. 14 B. The Supreme Court Takes a Turn. 15 1. Stewardship and Levels of Review. 17 2. Conflicts and Contradictions in the Current Paradigm. 22 II. Shared Stewardship and Judicial Review of Immigration Measures. 25 A.... |
2018 |
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