AuthorTitleCitationSummaryYearKey Terms
Prof. Dr. Attila S.L. Andrade Jr. Treaty of Amity, Commerce, and Navigation Between Brazil and the U.s. 47 University of Miami Inter-American Law Review 200 (Summer, 2016) This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of... 2016  
Julia Johnson Tribal Sovereign Immunity in the Ninth Circuit: Moving Towards a More Reasonable Test 35 Review of Litigation 179 (Summer, 2016) I. Introduction. 179 II. Justice Marshall, Sovereign Immunity, and the Present Era. 183 III. Modern Reforms of Tribal Sovereignty Immunity. 188 A. The Second Circuit. 192 B. The Ninth Circuit. 195 IV. Restrictions on Tribal Sovereign Immunity When Foreseeability is Lacking. 197 A. Tort Liability and Commercial Claims. 197 B. Noncommercial and... 2016 Yes
Lindsay Cutler Tribal Sovereignty, Tribal Court Legitimacy, and Public Defense 63 UCLA Law Review 1752 (August, 2016) In June 2016, the Supreme Court held in United States v. Bryant that uncounseled tribal court convictions could serve as predicate offenses under 18 U.S.C. § 117(a). Citing the public safety crisis in Indian country, the limitations of tribal court sentencing, and the legislative history of Section 117(a), the Court upheld the federal statute... 2016 Yes
Lauren Goschke Tribes, Treaties, and the Trust Responsibility: a Call for Co-management of Huckleberries in the Northwest 27 Colorado Natural Resources, Energy & Environmental Law Review 315 (Summer, 2016) I. INTRODUCTION. 317 II. THE BASIS OF TREATY INTERPRETATION: FOUNDATIONS OF INDIAN LAW. 320 A. Aboriginal Title. 321 B. Trust Responsibility. 322 C. Treaty Rights. 324 III.TRIBAL RIGHTS TO TREATY-PROTECTED OFF-RESERVATION NATURAL RESOURCES. 326 A. Half the Resource: The Fishing Cases. 329 B. Gathering Rights: The Shellfish Cases. 332 C. Expanding... 2016 Yes
  U.k. Votes to Leave Eu-impact on U.s. Income Tax Treaties 27 Journal of International Taxation 13 (September, 2016) In a referendum on June 23, 2016, voters in the United Kingdom chose to leave the EU. Although the exact timing and impact of a departure is yet to be determined and seems likely to take more than two years, the impact on certain U.S. income tax treaties with European countries may be significant. When a majority of U.K. voters cast their ballots... 2016  
Gail Super Volatile Sovereignty: Governing Crime Through the Community in Khayelitsha 50 Law and Society Review 450 (June, 2016) This paper asks what crime prevention looks like for residents in informal settlements in Khayelitsha, a black township on the outskirts of Cape Town. It engages with the idea of vigilantism and hybrid policing formations, analyzing the overlaps and intersections between legal community-based crime prevention initiatives, and local punitive... 2016  
Major David L. Walker Waging War with Cercla: Divisibility for the Sovereign 75 Air Force Law Review 163 (2016) I. Introduction. 40 II. CERCLA Liability. 41 III. Sovereign Immunity. 43 A. Origin of Sovereign Immunity. 43 B. Evolution of Sovereign Immunity in United States Environmental Law. 44 C. CERCLA's Waiver of Sovereign Immunity. 49 IV. CERCLA's Liability Framework and the United States Supreme Court. 55 A. United States v. Bestfoods. 55 B. Burlington... 2016  
Jessica Wagner Waiver by Removal? An Analysis of State Sovereign Immunity 102 Virginia Law Review 549 (April, 2016) The Supreme Court has never definitively outlined the theoretical underpinnings of state sovereign immunity. The unresolved circuit split over whether a state waives immunity that it would otherwise retain by removing a case from state court to federal court provides a helpful lens to consider the broader doctrinal strands of state sovereign... 2016  
Monte Mills What Should Tribes Expect from Federal Regulations? The Bureau of Land Management's Fracking Rule and the Problems with Treating Indian and Federal Lands Identically 37 Public Land & Resources Law Review Rev. 1 (2016) I. INTRODUCTION. 2 II. FRACKING: RISKS AND REGULATIONS. 6 A. What is fracking?. 6 B. Risks of Fracking. 7 C. State versus Federal Regulation. 10 III. ENERGY DEVELOPMENT IN INDIAN COUNTRY. 14 A. Trust Relationship. 14 B. Federal Oversight of Energy Development. 16 C. Tribal Regulation. 20 IV. THE BLM'S FRACKING RULE. 21 A. Initial Proposed Rule. 22... 2016 Yes
Jordon Parker Where Sovereign Immunity Ends and Liability Begins: a Functional Restructuring of the United States Military Tort Compensation Scheme 25 Cardozo Journal of International and Comparative Law 145 (Fall, 2016) I. Introduction. 147 II. Background. 149 A. Tort Law from a Formalist Perspective. 150 B. Tort Law from a Functionalist Perspective. 151 C. The Importance of the Distinction. 152 D. A Brief History: Sovereign Immunity and the FTCA. 153 E. Bivens Actions. 156 F. The Military Claims Act. 157 G. The Foreign Claims Act. 158 H. Other Codification for... 2016  
Priscilla A. Ocen (E)racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors 62 UCLA Law Review 1586 (August, 2015) Over the last twenty years, domestic sexual trafficking of children has received increased attention from state and national policymakers and advocates. Indeed, states across the country have enacted laws establishing harsh new penalties for individuals convicted of domestic sexual trafficking. At the same time, arrest and conviction rates for... 2015  
Angela Ostrowski (Elephant) Death and Taxes: Proposed Tax Treatment of Illegal Ivory 21 Animal Law 221 (2015) African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties... 2015  
Theresa K. Bowley A Blanket of Immunity Will Not Keep Florida Dry: Proposed Adjustments to Florida's Drainage Regulations and Sovereign Immunity Laws to Account for Climate Change Impacts 10 Florida A & M University Law Review 387 (Spring 2015) Introduction. 388 I. Florida's Enhanced Vulnerability to Increased Flooding from Climate Change. 391 A. Stormwater Drainage is Interconnected in Florida. 391 B. Flooding Vulnerability in Stormwater Drainage Systems. 393 C. Stormwater Drainage Capacity Decreased. 394 II. Stormwater Drainage Regulation in Florida. 396 III. Sovereign Immunity in... 2015  
Herbert C. Brown, Jr. A Crowded Room or the Perfect Fit? Exploring Affirmative Action Treatment in College and University Admissions for Self-identified Lgbt Individuals 21 William and Mary Journal of Women and the Law 603 (Spring, 2015) The lesbian, gay, bisexual, and transgendered (LGBT) civil rights movement has made tremendous advances over the years. Many polls show that acceptance of same-sex marriage and other rights for LGBT individuals are at their highest. These polls have also shown that an overwhelmingly large population of younger Americans support and accept LGBT... 2015  
Vik Kanwar A Fugitive from the Camp of the Conquerors: the Revival of Equal Sovereignty Doctrine in Shelby County v. Holder 17 Berkeley Journal of African-American Law & Policy 272 (2015) I. The Equivocal Doctrine of Equal Sovereignty of States 1. The Equality of States: Built on Air? 2. Equal Footing: From the First Reconstruction to Revival in Coyle 3. Equal Sovereignty: From the Second Reconstruction to its Revival in Shelby County II. Expressive Harms: Conditionality and Selectivity 4. Critique of Conditionality: The VRA... 2015  
Joshua Nichols A Reconciliation Without Recollection? Chief Mountain and the Sources of Sovereignty 48 U.B.C. Law Review 515 (July, 2015) On 3 February 2013, the British Columbia Court of Appeal released the Chief Mountain decision. The issue in this case was the constitutionality of the legislative and self-government powers set out in the Nisga'a Final Agreement (NFA). The appellants (who are members of the Nisga'a Nation) argued that the NFA and the attending Settlement... 2015  
Dr. Jay A. Weiss Addiction and Treatment in a Professional Population 62 Louisiana Bar Journal 282 (December, 2014/January, 2015) Drug and alcohol problems are common within our society, but we are not the first society to have them. The great physicians Hippocrates and Galen in Greek and Roman societies wrote of the symptoms and damage caused by substances. Indian and Chinese physicians were describing similar problems long before Greece and Rome emerged as civilizations.... 2015  
Francesco Seatzu , Paolo Vargiu Africanizing Bilateral Investment Treaties ('Bits'): Some Case Studies and Future Prospects of a Pro-active African Approach to International Investment 30 Connecticut Journal of International Law 143 (Spring, 2015) The issue of African contributions to the development of international investment law is one that has been almost completely neglected by international legal scholarship, as very few examples of such contributions - if any - can be found in the investment treaty experience of African countries since the decolonisation of the continent. This paper... 2015  
Molly K. Webster Alternative Courts and Drug Treatment: Finding a Rehabilitative Solution for Addicts in a ReTributive System 84 Fordham Law Review 855 (November, 2015) Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the War on Drugs. However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of... 2015 Yes
Francesca Trivellato Amphibious Power: the Law of Wreck, Maritime Customs, and Sovereignty in Richelieu's France 33 Law and History Review 915 (November, 2015) The precise length of territorial waters, the swath of sea along the coast over which a state extended sovereign control, remained an object of debate during the seventeenth century. Some authors still adhered to the 100-mile boundary established by medieval glossators, whereas others embraced the so-called cannon-shot rule that set the limit to... 2015  
David Kow An "Equal Sovereignty" Principle Born in Northwest Austin, Texas, Raised in Shelby County, Alabama 17 Berkeley Journal of African-American Law & Policy 346 (2015) [A] small inconsequential village will shortly find out that there are causes and effects that have no precedent--such is usually the case in the Twilight Zone. Rod Serling, The Twilight Zone: I Am the Night--Color Me Black (CBS television broadcast Mar. 27, 1964) The 1965 Voting Rights Act brought to a halt the regime of organized racial... 2015  
Duncan B. Hollis An Intersubjective Treaty Power 90 Notre Dame Law Review 1415 (March, 2015) How does the Constitution limit the subject matter of the U.S.'s treaties? For decades, conventional wisdom adopted a textual emphasis -- prohibitions and other limits on federal authority listed in the Constitution itself (e.g., the Bill of Rights) apply to U.S. treaties. In contrast, proposals for subject matter limitations implied by federalism... 2015  
David Gringer Antitrust Treatment of State Licensing Boards in the Wake of North Carolina State Board of Dental Examiners v. F.t.c. 24 Competition: the Journal of the Antitrust, UCL and Privacy Section of the State Bar of California 50 (Fall, 2015) In its decision formulating the state action immunity doctrine, the Supreme Court rested its holding primarily on respect for the political processes in the states: in a dual system of government in which . the states are sovereign . an unexpressed purpose to nullify a state's control over its officers and agents is not to be likely attributed to... 2015  
Susan Block-Lieb Austerity, Debt Overhang, and the Design of International Standards on Sovereign, Corporate, and Consumer Debt Restructuring 22 Indiana Journal of Global Legal Studies 487 (2015) Following the Asian Financial Crisis, sovereign debt defaults prompted calls by the International Monetary Fund (IMF) for a statutory Sovereign Debt Restructuring Mechanism (SDRM). In promoting the SDRM, IMF leaders argued that countries' sovereign debt problems needed something like U.S. Chapter 11, which is to say that IMF leaders supported the... 2015  
Michael D. Oeser Avoiding Extinction, Preserving Culture: Sustainable, Sovereignty-centered Tribal Citizenship Requirements 91 North Dakota Law Review Rev. 1 (2015) Tribal populations are dwindling. These losses are primarily the result of high blood quantum requirements and high levels of inter-marriage with non-Indians. Consequently, tribes will eventually face either legal extinction--where no one can meet the tribal's citizenship criteria--or practical extinction--where few tribal citizens have any... 2015 Yes
Gregory H. Shill Boilerplate Shock: Sovereign Debt Contracts as Incubators of Systemic Risk 89 Tulane Law Review 751 (March, 2015) Scholars generally assess the usefulness of standard-form securities contracts from the perspective of the firms that use them. But these firm-centric accounts overlook the cumulative impact of standardization on markets. Where the market in question is critical to the financial system, this oversight can be quite consequential. This Article... 2015  
Monica Carusello Can an Oil Pit Take a Bird?: Why the Migratory Bird Treaty Act Should Apply to Inadvertent Takings and Killings by Oil Pits 31 Journal of Environmental Law & Litigation 87 (2015) Introduction. 88 I. The MBTA. 89 II. Current Federal Court Split in Interpreting Criminal Liability for MBTA Violations: What Does Take Mean in the MBTA? Must the Action Be Directed at Birds in Order to Constitute a Taking?. 90 A. Oil Field Equipment Can Take Birds. 91 B. Simply Maintaining a Pit in Which Birds Die Does Not Trigger Liability.... 2015  
Luís Pereira Coutinho Chapter 9 the Passive Sovereignty of the Constitutional Judge a State Theory Approach 44 IUS Gentium 119 (2015) In a book dedicated to judicial activism, the following paper explores its apparent opposite: I put forward the hypothesis of judicial passivity as a virtue of courts charged with the task of judicial review of legislation. In a preliminary notion, judicial passivity (not to be confused with passivity as a necessary institutional posture of the... 2015  
  China and Russia Sign New Tax Treaty, Protocol 26 Journal of International Taxation Tax'n 5 (February, 2015) China and Russia signed a new income tax treaty and protocol on October 13, 2014. Key changes in the new treaty are summarized below. Place of effective management is added as one of the criteria for a residency determination. The current period of more than 18 months is modified to more than 183 days for determining a service PE within a... 2015  
Catherine Elkemann , Oliver C. Ruppel Chinese Foreign Direct Investment into Africa in the Context of Brics and Sino-african Bilateral Investment Treaties 13 Richmond Journal of Global Law and Business 593 (Winter, 2015) China is now the second largest economy in the world after the United States of America and is deemed to be the most influential member of the group of leading emerging economies, the so called BRICS partnership consisting of Brazil, the Russian Federation, India, China and South Africa. According to the latest World Investment Report published by... 2015  
Joshua Nichols Claims of Sovereignty--burdens of Occupation: William and the Future of Reconciliation 48 U.B.C. Law Review 221 (January, 2015) The William case presented two very different jurisprudential trajectories on the question of Aboriginal title. On the one hand, there is the test that Justice Vickers sets out in the British Columbia Supreme Court decision Tsilhqot'in Nation, in which title is determined according to a combination of pre-sovereignty occupation, exclusivity, and... 2015  
Bethany R. Berger, University of Connecticut Colin G. Calloway, Pen & Ink Witchcraft: Treaties and Treaty Making in American Indian History, New York: Oxford University Press, 2013. Pp. Xii + 374. $34.95 Cloth (Isbn 978-0-19-991730-3). Doi:10.1017/s0738248015000176 33 Law and History Review 478 (May, 2015) Treaties with Native nations are foundational in federal Indian law and policy, and historians and legal scholars have written many great works on the subject. Colin Calloway's new book, however, stands out for giving at once a finely detailed portrait of the participants and motivations involved in the treaties and the changing place of those... 2015 Yes
David A. Bell Columbia River Treaty Renewal and Sovereign Tribal Authority under the Stevens Treaty "Right-to-fish" Clause 36 Public Land & Resources Law Review 269 (2015) Introduction. 270 II. Historic Use and Traditions of Native Americans on the Columbia River. 273 A. Historic Tribal Use of the Columbia River. 273 B. The Stevens Treaties. 275 C. Post Treaty Fishing Rights and the CRT. 276 III. The Columbia River Treaty. 277 A. History of the Columbia River Treaty. 277 B. Treaty Termination or Renegotiation. 279 C.... 2015 Yes
David A. Bell Columbia River Treaty Renewal and Sovereign Tribal Authority under the Stevens Treaty "Right-to-fish" Clause 36 Public Land & Resources Law Review 269 (2015) Introduction. 270 II. Historic Use and Traditions of Native Americans on the Columbia River. 273 A. Historic Tribal Use of the Columbia River. 273 B. The Stevens Treaties. 275 C. Post Treaty Fishing Rights and the CRT. 276 III. The Columbia River Treaty. 277 A. History of the Columbia River Treaty. 277 B. Treaty Termination or Renegotiation. 279 C.... 2015 Yes
Stephanie Hartmann Comparing the National Treatment Obligations of the Gatt and the Tbt: Lessons Learned from the Ec-seal Products Dispute 40 North Carolina Journal of International Law and Commercial Regulation 629 (Spring, 2015) I: Introduction. 629 II: National Treatment Under the GATT Agreements. 634 III: EC-Seal Products.. 643 A. Background of the Dispute. 643 B. The Panel Decision. 644 1. TBT Annex 1:1: Technical Regulation. 644 2. TBT Article 2.1. 645 3. GATT Article III:4. 649 4. GATT Article XX(a). 650 5. GATT Article XX Chapeau. 651 C. The Appellate Body Decision.... 2015  
Jessica Intermill Competing Sovereigns: Circuit Courts' Varied Approaches to Federal Statutes in Indian Country 62-SEP Federal Lawyer 64 (September, 2015) The Federal Lawyer's April 2015 Indian Law issue detailed jurisdictional hooks that allow private parties to sue Indian tribes in employment-law cases. The topic is an important one. Some federal laws expressly apply to tribes and allow suit, but Congress expressly exempted tribes from other laws. Where the text of a federal statute appears to... 2015 Yes
Michael D. Ramsey Congress's Limited Power to Enforce Treaties 90 Notre Dame Law Review 1539 (March, 2015) This Article focuses on Justice Scalia's concurrence in the judgment in Bond v. United States. It makes three main points. First, Scalia's claim that Congress lacks a general power to enforce treaties is unpersuasive as a matter of the Constitution's original meaning. Congress's power to enact laws necessary and proper to carry into execution the... 2015  
Brian J. Litwak Constitutional Conflation: the Incorrect Incorporation of Dual Sovereignty into Sixth Amendment Jurisprudence 41 New England Journal on Criminal and Civil Confinement 85 (Winter, 2015) In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence. The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done. As every schoolchild learns, our Constitution established a system of dual... 2015  
Guinevere E. Moore, Robert T. Moore Crisis at the Border: a Need to Reexamine the Doctrine of Sovereign Immunity 17 Scholar: St. Mary's Law Review on Race and Social Justice 35 (2015) I. Introduction. 35 II. Foreign Sovereign Immunity versus Domestic Sovereign Immunity. 39 III. A Limitation on Domestic Sovereign Immunity. 43 A. International Law. 43 B. State Practice. 50 IV. Conclusion. 59 2015  
Alfred R. Light Dealing with the Complexity of Settling Private Cercla Claims: Due Process, Article Iii, and Sovereign Immunity 1 St. Thomas Journal of Complex Litigation Litig. 1 (Spring, 2015) The inaugural issue of the St. Thomas Law School's Journal of Complex Litigation, provides an opportunity to describe in a more comprehensive way the complex constitutional and practical problems with CERCLA's private cause of action. Part I explains the evolution of the EPA and the DOJ's position regarding the private cause of action under CERCLA... 2015  
Julien Chaisse Demystifying Public Security Exception and Limitations on Capital Movement: Hard Law, Soft Law and Sovereign Investments in the Eu Internal Market 37 University of Pennsylvania Journal of International Law 583 (Winter 2015) 1. Introduction. 585 2. Sovereign Wealth Funds In The Context Of Rising State Capitalism. 589 2.1. Operations of SWFs in Europe. 589 2.2. European concerns about SWFs. 591 3. Balancing Capital Flows and National Security: The EU International Commitments. 596 3.1. Implications for SWF Investment from the General Agreement on Trade in Services. 597... 2015  
Kaitlyn Schrick Does Anyone Have "Actual Knowledge" of What Effects the Cape Town Treaty Has Had on the Application of Philko Aviation, Inc. v. Shacket? 67 Oklahoma Law Review 867 (Summer, 2015) There are currently competing laws in the United States regarding how a party must register and perfect his or her interest in an aircraft object. This conflict arose after the United States signed the Cape Town Convention on International Interests in Mobile Equipment and the Protocol to Convention on International Interests in Mobile Equipment on... 2015  
Nida Alvi Dressed to Oppress? An Analysis of the Legal Treatment of the First Amendment and its Effect on Muslim Women Who Wear Hijabs 21 Cardozo Journal of Law & Gender 785 (Spring 2015) I. Introduction. 785 II. Background. 787 III. U.S. Constitutional Law and Circumstances Where it has been Regulated. 790 A. Schools. 791 B. Employment. 793 C. Police Force. 799 D. Identity. 801 IV. The Coercion of Assimilation by the Law. 803 A. Challenging Sincerity. 805 B. The Guise of Protection. 807 V. Modern Day Response. 809 A. The Rise of... 2015  
Paul R. Williams , Abigail J. Avoryie , Carlie J. Armstrong Earned Sovereignty Revisited: Creating a Strategic Framework for Managing Self-determination Based Conflicts 21 ILSA Journal of International and Comparative Law 425 (Spring, 2015) I. Introduction. 425 II. Dangerous Legacy of Sovereignty-Based Conflicts: Deadly, Durable, and Destabilizing. 429 III. False Security in Economic Prosperity and Regional Integration: Europe's Failed Self-Determination Policy. 437 IV. Sovereignty-First and the Failure to Establish Viable New States. 444 V. Looking Forward: Utilizing Earned... 2015  
Qadir Qeidary Emerging Issues: New Uses, Whether Threat or Chance, What Is the Current and Appropriate Legal Treatment? 11 Oklahoma Journal of Law & Technology 78 (2015) Legal status of the new detected uses for old patents as an independent invention is a problematic issue that gives rise to basic legal challenges regarding patent's promotion standards of protection, in particular the prolongation of the patent monopoly's term. International instruments, uncertainties, and a variety of treatments within different... 2015  
Claire Y. Kim Empire by Treaty: Negotiating European Expansion, 1600-1900. Edited by Saliha Belmessous. New York, Ny: Oxford University Press, 2015. Pp. V, 269. Price: $74.00 (Hardcover) 40 Yale Journal of International Law 429 (Summer 2015) When thinking about European expansion into the New World during the period of 1600-1900, most scholars imagine military conquest and coercion as the primary means through which European empires sought footholds in the Americas, South and Southeast Asia, and Africa. Empire by Treaty, edited by Saliha Belmessous, seeks to reframe and challenge the... 2015  
Bonnie Shucha Engaging the Third Sovereign: the Nature, Reach, and Sources of Tribal Law 88-MAY Wisconsin Lawyer 47 (May, 2015) Although not all tribal law is easily accessible, you can find what is available to the public with this handy guide from a U.W. law librarian. Today, in the United States, we have three types of sovereign entities [:] the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each... 2015 Yes
Philip M. Thoennes Eo Nomine: the Divergence of State and Foreign Sovereign Immunity 19 Lewis & Clark Law Review 543 (2015) I. Introduction. 544 II. The Development of State and Foreign Immunity. 545 A. State Immunity. 546 1. The Eleventh Amendment. 547 2. Hans and the Expansion of Immunity. 548 3. Ex parte Young and Injunctive Relief. 549 4. Abrogation. 553 5. Modern Doctrine. 555 B. Foreign Sovereign Immunity. 558 1. The Early Doctrine of Absolute Immunity. 558 2. The... 2015  
Seth Davis Equal Sovereignty as a Right Against a Remedy 76 Louisiana Law Review 83 (Fall, 2015) Introduction. 83 I. Rights Talk About Remedies. 87 A. Rights as Limits on Remedies. 88 B. Examples of Rights Against Remedies. 92 1. Due Process. 93 2. First Amendment. 95 3. Equal Protection. 99 II. Equal Sovereignty and Constitutional Remedies. 103 A. The Equal Sovereignty Two-Step. 103 1. NAMUDNO v. Holder. 103 2. Shelby County v. Holder. 105 B.... 2015  
Robert Thomas Redwine Falling off Balance: How the Tenth Circuit's Stance on the Implementation of a Balancing Test Undermines Congressional Intent in Regard to Extending Sovereign Immunity to Economic Entities of a Tribe 39 American Indian Law Review 291 (2014-2015) According to the 2010 United States Census, 28.4% of all Native Americans lived in poverty-a figure that overshadows the national poverty rate of 15.3%. These statistics demonstrate a continued need to allow Native American businesses to grow, which would in turn allow the tribes to channel money back to their tribal members. One concept in... 2015 Yes
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