AuthorTitleCitationSummaryYearKey Terms
Heather Whitney-Williams, Hillary M. Hoffmann Fracking in Indian Country: the Federal Trust Relationship, Tribal Sovereignty, and the Beneficial Use of Produced Water 32 Yale Journal on Regulation 451 (Summer 2015) Potentially toxic wastewater discharges from hydraulic fracturing--known as produced water--are not subject to RCRA's or the CWA's permitting requirements. This is because the EPA has categorized produced water as a special waste when put to beneficial uses in arid regions. Some chemical components in produced water, however, are patented... 2015 Yes
Elana Rodman From Criminalization to Regulation: New Classifications of Cannabis Necessitate Reform of United Nations Drug Treaties 40 Brooklyn Journal of International Law 647 (2015) The world has failed to come to terms with cannabis as a drug. In some countries, cannabis use and trafficking are taken very seriously, while in others they are virtually ignored. This incongruity undermines the credibility of the international system, and the time for resolving global ambivalence on the issue is long overdue. Either the gap... 2015  
Charles E. Loeser From Paper Terrorists to Cop Killers: the Sovereign Citizen Threat 93 North Carolina Law Review 1106 (May, 2015) Introduction. 1106 I. From the Posse to Ruby Ridge -The Beginnings of a Far-Right Movement. 1111 A. The Posse Comitatus. 1111 B. Tax Protestors. 1112 C. The Militia Movement. 1113 II. Sovereign Citizens. 1118 A. Beliefs. 1120 B. Tactics. 1125 III. Stopping the Sovereign Citizen Threat. 1129 A. Can Deterrence Work for Sovereign Citizens?. 1129 B.... 2015  
Leah Jurss Halting the "Slide down the Sovereignty Slope" : Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians 16 Rutgers Race & the Law Review 39 (2015) A slot machine player at the Four Winds Casino in Hartford, Michigan, took a payout ticket from another slot machine as he sat down to play. In situations like this, casino security and law enforcement take every opportunity to ensure the player returns the property to the rightful owner. As a last resort, after sitting before a judge and entering... 2015 Yes
Jamey Minnihan Having Your Cake and Eating it Too: U.s. Treatment of Well-known Foreign Trademarks and its Global Market Implications 50 Gonzaga Law Review 219 (2014-2015) I. Introduction. 220 II. Legal Protection of Well-Known Foreign Trademarks. 223 A. Well-Known Marks Doctrine. 223 1. U.S. Trademark Law and Territoriality. 224 2. The Paris Convention and the TRIPS Agreement. 227 III. An Uncertain Future: U.S. Circuit Split. 229 A. National Treatment: Ninth Circuit's Ruling on Well-Known Marks. 229 B.... 2015  
David N. Cinotti How Informed Is Sovereign Consent to Investor-state Arbitration? 30 Maryland Journal of International Law 105 (2015) Argentina's recent history of international investment disputes highlights the role of sovereign consent in investor-State dispute resolution. Argentina has been a frequent party to both litigation in the United States and international investment arbitration based on its consent to dispute-resolution provisions in bond agreements and bilateral... 2015  
James Turner Johnson Humanitarian Intervention, the Responsibility to Protect, and Sovereignty: Historical and Moral Reflections 23 Michigan State International Law Review 609 (2015) I. Humanitarian Intervention in Recent Moral Thinking and Law. 609 II. State Sovereignty: Its Conception, Extent, and Efforts at Limitation. 619 III.The Responsibility to Protect Initiative and the Conception of Sovereignty. 627 2015  
Samantha Schmid Income Tax Treatment of Same-sex Couples: Windsor vs State Marriage Bans 98 Marquette Law Review 1805 (Summer 2015) In 1996 the United States Congress passed the Defense of Marriage Act, which codified the federal definition of marriage as between one man and one woman. But in 2013 the United States Supreme Court struck down this definition of marriage and, for the first time, the federal government began recognizing same-sex marriages. However, many states,... 2015  
Julie A. Buonocore Inconvenient Truth: Second Circuit Breaches U.s. International Arbitration Treaty Obligations with Forum non Conveniens 29 Temple International and Comparative Law Journal 25 (Spring 2015) The use of arbitration to resolve disputes that originate between parties from different nations is one of the most prevalent movements in international commerce. In a 2013 study, 52% of responding corporations selected international arbitration as their most preferred mechanism to settle cross-border disputes. That figure is nearly double the... 2015  
Timo Koivurova Increasing Relevance of Treaties: the Case of the Arctic 108 AJIL Unbound 52 (March, 2014-July, 2015) The Arctic was one of the main theatres for strategic military confrontation during the Cold War between the blocs led by the United States and the Soviet Union. There was no place for multilateral cooperation, other than for very limited issue areas, such as the 1973 Agreement on Conservation of Polar Bears between the five states with polar bear... 2015  
Nizhone Meza Indian Education: Maintaining Tribal Sov Native American Culture and Language Preservation 2015 Brigham Young University Education and Law Journal 353 (2015) The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence. Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages... 2015 Yes
Beth DiFelice Indian Treaties: a Bibliography 107 Law Library Journal 241 (Spring, 2015) This bibliography describes sources for research into treaties between the U.S. government and Indian tribes, focusing on primary sources. The sources are preceded by an overview of the treaty process and the termination of the government's power to enter into treaties with Indian nations. Overview of the Indian Treaty Process. 243 Congressional... 2015 Yes
Ann Tweedy Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-your-ground Laws? 78 Albany Law Review 885 (2014-2015) In light of the Second Amendment's inapplicability to Indian tribes, tribes appear to have the greatest freedom to experiment with gun laws of any sovereign in the United States. What have they done with that freedom and what sorts of regulations should they pursue? This article attempts to answer both questions. As to the first, as discussed in... 2015 Yes
Mark Strasser International Covenant as Bond: on Federalism and Congress's Ability to Promote National Interests via the Treaty Power 84 Mississippi Law Journal 309 (2015) Introduction. 309 I. Holland. 311 A. Background. 311 B. Limitations on Federal Powers as a General Matter. 312 C. The Congressional Power to Protect Birds. 320 II. Other Attempts to Delimit the Treaty Power. 321 A. The Treaty Power and State Law. 322 B. Other Treaty Cases Suggesting Limitations on that Power. 328 III. Bond. 339 A. Background on... 2015  
The Honorable Robert H. Henry Introduction of Judge William Holloway, Jr. Sovereignty Symposium, June 7, 1995 40 Oklahoma City University Law Review 169 (Spring 2015) When Thomas Jefferson was appointed Ambassador to France upon the retiring of Ben Franklin, it is said that the following occurred. A nobleman inquired, Oh, you must be Dr. Franklin's replacement. No, Jefferson responded, I am Dr. Franklin's successor. No one can replace Benjamin Franklin. I feel the same way about Judge Bill Holloway. Son of... 2015  
Ricardo Ampudia Investment-treaty Protection of Commercial Arbitration Awards: Lessons from the Jurisprudence 26 American Review of International Arbitration 553 (2015) Several recent decisions by investment arbitration tribunals show that parties who are unable to obtain enforcement of a commercial arbitration award in local courts may still obtain compensation via investment treaties. Such compensation can consist of the full value of the original award plus interest and costs of the arbitration. In these cases,... 2015  
Rita Lenane It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... 2015  
Steven Foster Judicial Abrogation: Montana and its Progeny's Effect on Freedmen's Treaty Rights 16 Florida Coastal Law Review 345 (Spring 2015) Bullets whizzing by in the background, federal agents giving chase, and the classic Will Smith slow motion running scene. He dodges danger and runs through congested street corners. He meets an imposter on his tribulation. His character nearly dies. To top it off, the federal agents kill a former girlfriend and frame him for the murder. The real... 2015  
Thomas Weatherall Jus Cogens and Sovereign Immunity: Reconciling Divergence in Contemporary Jurisprudence 46 Georgetown Journal of International Law 1151 (Summer, 2015) The International Court of Justice considered sovereign immunity and jus cogens to be distinctly procedural and substantive rules: ships passing in the night. In practice, this dichotomy is not so clear: one distinctly procedural aspect of jus cogens is its relationship to universal jurisdiction, while a court's subject-matter jurisdiction cannot... 2015  
Nora Lafi, Zentrum Moderner Orient Mary Dewhurst Lewis, Divided Rule: Sovereignty and Empire in French Tunisia, 1881-1938, Berkeley: University of California Press, 2014. Pp. Xiv + 302. $49.95 Cloth (Isbn: 978-0-520-27915-5) Doi:10.1017/s0738248015000541 33 Law and History Review 1013 (November, 2015) The object of this book, as the author states in her preface, is to analyze the transformation of what was supposed to be an indirect form of colonial rule, whereby France would rule through the local sovereign and his institutions, into a much more invasive form of colonial governance (ix). The narration begins with the signing of the Bardo... 2015  
Robert Onders, M.D. Medicaid: Can Federal Responsibilities, State Authorities, and Tribal Sovereignty Be Reconciled? 15 Wyoming Law Review 165 (2015) I. Introduction. 165 II. Background. 167 A. The Medicaid Program. 167 B. Medicaid and the Patient Protection and Affordable Care Act. 169 C. Health Care for American Indians and Alaskan Natives. 171 1. Federal Responsibility to American Indians and Alaska Natives. 171 2. Medicaid Eligibility and Expansion. 173 3. Health and Medicaid. 175 4.... 2015 Yes
Peter Erlinder Minnesota v. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty 33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... 2015  
Peter Erlinder Minnesota v. Mille Lacs Band of Chippewa: 19 Century U.s. Treaty-guaranteed Usufructuary Property Rights, the Foundation for 21 Century Indigenous Sovereignty 33 Law & Inequality: A Journal of Theory and Practice 143 (Winter, 2015) C1-2Table of Contents Introduction. 145 I. Background to the Restoration of Chippewa Treaty-Guaranteed Usufructuary Property Rights in Northern Minnesota. 151 A. The Late 20 Century Grassroots Activism: The Rule of Law Returns After 160 Years of Systemic Usufructuary Property Theft. 153 B. Usufructuary Property in Sovereign Objibwe Territory: The... 2015  
Larry Catá Backer Moving Forward the Un Guiding Principles for Business and Human Rights: Between Enterprise Social Norm, State Domestic Legal Orders, and the Treaty Law That Might Bind Them All 38 Fordham International Law Journal 457 (February, 2015) INTRODUCTION. 458 A. Summary Overview. 458 B. Context and Roadmap. 460 I. ON THE PROBLEM OF THE STATE AND THE STATE DUTY TO PROTECT HUMAN RIGHTS: THE WORKING GROUP AND NATIONAL ACTION PLANS. 468 A. Defining the Principal Focus of the State Duty under the GPs (Gaps, Risks, Regional Considerations). 472 B. Trade and Investment Agreements and... 2015  
A. Lee Valentine II My Ears Hear More than English: Granting Multilingual Jurors Accommodations and Treating Multilingualism as a Common Type of Juror Expertise 56 Boston College Law Review 1249 (May, 2015) Abstract: To find an example of court-sanctioned discrimination against Spanish-speaking prospective jurors, one need not look further than the 2011 U.S. Court of Appeals for the Fourth Circuit decision in United States v. Cabrera-Beltran. Three multilingual jurors were struck for cause during voir dire for not agreeing to ignore all... 2015  
  New China-france Tax Treaty and Protocol Enter into Force 26 Journal of International Taxation 07 (June, 2015) On December 28, 2014, the new China-France income tax treaty (New Treaty) and Protocol entered into force, replacing the 1984 treaty (Old Treaty). The New Treaty and Protocol apply to income and capital gains derived on or after January 1, 2015, in China.The following summarizes the key changes in the New Treaty and Protocol. The New Treaty... 2015  
Kaighn Smith Jr. , Shareholder, Drummond Woodsum MacMahon Nuances and Challenges of Protecting Tribal Sovereignty 2015 Aspatore 9194949 (November, 2015) I have been practicing federal Indian law for over twenty-five years. I started working in the field in 1984 while in law school, when I worked part-time for a law firm dedicated to representing tribes. The firm was Tureen & Margolin, based in Portland, Maine. A friend, who was serving a co-op program there as a student at Northeastern Law School,... 2015 Yes
David A. Koplow Nuclear Arms Control by a Pen and a Phone: Effectuating the Comprehensive Test Ban Treaty Without Ratification 46 Georgetown Journal of International Law 475 (Winter, 2015) This Article examines three crucial national security problems concerning the testing and proliferation of nuclear weapons, and offers three novel solutions. The three urgent problems are: (1) the fact that the Comprehensive Nuclear Test Ban Treaty (CTBT), the most important multilateral nuclear arms control agreement of the past forty years, may... 2015  
Andrew Erueti Observations Relating to the U.n. Special Rapporteur's Report on Mori People in New Zealand - 2011: Introduction a Human Rights Discourse to Treaty Jurisprudence 32 Arizona Journal of International and Comparative Law 195 (Symposium, 2015) I. Introduction. 195 II. Indigenous Rights in New Zealand. 196 III. Conclusion. 206 2015  
Justin Willis McKithen Playing Favorites: Congress's Denial of Equal Sovereignty to the States in the Professional and Amateur Sports Protection Act 49 Georgia Law Review 539 (Winter, 2015) I. Introduction. 540 II. Background. 546 a. the enactment of paspa. 546 b. the mounting dissatisfaction with paspa. 548 c. the manifestation of new jersey's discontent. 549 d. the shelby county decision and its impact on ncaa v. christie. 553 e. opponents of the equal sovereignty principle. 556 III. Analysis. 558 a. why shelby county and equal... 2015  
Susan D. Franck, Lindsey E. Wylie Predicting Outcomes in Investment Treaty Arbitration 65 Duke Law Journal 459 (December, 2015) Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate... 2015  
Alan S. Lederman Procurement Tax Prop. Regs. Streamline Compliance-but Will Bric Vendors Treaty Shop? 123 Journal of Taxation 66 (August, 2015) The proposed regulations exempt from tax and withholding smaller and emergency contracts. For larger, non-emergency contracts, foreign vendors entitled to treaty protection under Notice 2015-35,and foreign vendors selling goods and services originating in countries which are parties to an international procurement agreement with the United States,... 2015  
Victor Williams Raze the Debt Ceiling: a Test Case for State-sovereign and Institutional Bondholder Litigation to Void the Debt Limit Statute 72 Washington and Lee Law Review Online 96 (8/11/2015) This Essay argues that nationwide bondholder litigation can void the unconstitutional debt ceiling, and it presents the first litigation in that effort. (Williams v. Lew, No. 15-1565, U.S. Court of Appeals - D.C. Circuit). The Constitution guarantees not only that public debt will remain valid, but also that the integrity of those obligations will... 2015  
Lorelei Laird Reclaiming Sovereignty 101-APR ABA Journal 46 (April, 2015) Diane Millich was only days into her marriage when her husband first hit her. So began her year or horrifie terror. Millich. a member of the Southern Ute tribe of southwestern Colorado, called tribal police many times from her home on the reservation. But because her husband was not an American Indian, tribal police had no authority over him.... 2015  
Lillian V. Smith Recreating the "Ritual Carving" : Why Congress Should Fund Independent Redistricting Commissions and End Partisan Gerrymandering 80 Brooklyn Law Review 1641 (Summer, 2015) Drawing election district lines to benefit incumbents and entrench partisan interests is an American political tradition as old as the nation itself. The ritual carving and paring of the United States into its 435 congressional districts, once imagined by the Founders as a way to equalize electoral influence, has evolved into a mechanism for... 2015  
Marc L. Roark , Savannah Law School Retelling English Sovereignty 4 British Journal of American Legal Studies 81 (Spring, 2015) Sovereign immunity is a legal fiction that forecloses the possibility of the government being hailed into court, except by its own permission. The fiction draws on narratives about kingship and realm, state and church, and property and owner that help shield the sovereign from challenges to its authority. This Article argues that sovereign... 2015  
Judith V. Royster Revisiting Montana: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands 57 Arizona Law Review 889 (2015) In a series of cases beginning with its 1981 decision in Montana v. United States, the U.S. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian... 2015 Yes
Chip Pitts , Anastasia Ovsyannikova Russia's New Treason Statute, Anti-ngo and Other Repressive Laws: "Sovereign Democracy" or Renewed Autocracy? 37 Houston Journal of International Law 83 (Winter, 2015) I. Introduction and Overview. 84 A. International Factors. 86 B. Domestic Factors. 93 II. Development of Russian Treason Law. 97 A. Treason Laws in the Russian Empire. 98 B. Treason Laws in the USSR. 100 C. Treason Laws in Post-Soviet Russia. 105 D. New Version of the Treason Statute. 114 III. Other Laws against Civil Society and Freedoms. 119 A.... 2015  
Michael C. Blumm , Andrea Lang Shared Sovereignty: the Role of Expert Agencies in Environmental Law 42 Ecology Law Quarterly 609 (2015) Environmental law usually features statutory or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this Article, we offer a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one... 2015  
Jennifer Lichtman She's Got a Ticket to Ride: the Ninth Circuit's Determination in Sachs v. Republic of Austria That a Ticket Sale by a Common Law Agent Abrogates a Foreign State-owned Common Carrier's Sovereign Immunity 56 Boston College Law Review E-Supplement 92 (2015) Abstract: On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded the scope of... 2015  
April L. Cherry Shifting Our Focus from ReTribution to Social Justice: an Alternative Vision for the Treatment of Pregnant Women Who Harm Their Fetuses 28 Journal of Law and Health Health 6 (2015) I. Introduction. 7 II. Three Accounts of Self-Harming Behavior Among Pregnant Women. 10 A. Depression and Attempted Suicide: The Story of Bei Bei Shuai. 11 B. A Story about Drug and Alcohol Use: The Story of Rennie Gibbs. 14 C. Self-Induced Abortion: The Story of Kawana Ashley. 21 III. The Rhetoric of Fetal Personhood and the Use of Fetal... 2015 Yes
Corey Brettschneider , David McNamee Sovereign and State: a Democratic Theory of Sovereign Immunity 93 Texas Law Review 1229 (May, 2015) Sovereign immunity is an old idea, rooted in monarchy: the king cannot be sued without consent in his own courts. The American Constitution, by contrast, is committed to popular sovereignty and democratic self-rule. It is hardly surprising, then, that sovereign immunity doctrine comes riddled with confusion when awkwardly transplanted to a... 2015  
Joshua P. Weir Sovereign Citizens: a Reasoned Response to the Madness 19 Lewis & Clark Law Review 829 (2015) This Comment explores the intricacies of the sovereign citizen movement, often through the lens of the recent Oregon case, United States v. Julison . The Comment begins by explaining the background and history of the movement, starting with its inception in the 1970s. The modern sovereign movement is known for its strange beliefs regarding the... 2015  
Sofie G. Syed Sovereign Immunity and Jus Cogens: Is There a Terrorism Exception for Conduct-based Immunity? 49 Columbia Journal of Law and Social Problems 251 (Winter 2015) This Note addresses the implications of jus cogens for sovereign immunity, in particular regarding the act of supporting terrorism. Jus cogens norms are peremptory norms of international law--fundamental principles which cannot be abrogated by international agreement, judicial opinion or custom. Terrorism might be considered the type of violation... 2015  
Cynthia M. Ho Sovereignty under Siege: Corporate Challenges to Domestic Intellectual Property Decisions 30 Berkeley Technology Law Journal 213 (Spring 2015) Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities, such as public health. They may have to pay substantial compensation to companies that dislike domestic intellectual property laws. This threat is much more significant than the Agreement on Trade-Related Aspects... 2015  
Margaret H. Zhang Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty Versus Defendants' Complete Constitutional Rights 164 University of Pennsylvania Law Review 243 (December, 2015) Introduction. 244 I. Tribal Criminal Jurisdiction in Indian Country. 249 A. Historical Origins. 249 B. Oliphant: No Jurisdiction over Non-Indians. 252 C. Duro, the Duro Fix, and Lara: Jurisdiction over Nonmember Indians. 253 II. Special Domestic Violence Criminal Jurisdiction Under VAWA 2013. 256 A. Narrowly Expanded Tribal Criminal Jurisdiction... 2015 Yes
Laura Booth Spirits up for Sale: Advocating for the Adoption of Ethical Guidelines to Govern the Treatment of Sacred Objects by Auction Houses 28 Georgetown Journal of Legal Ethics 393 (Summer, 2015) On June 27, 2014 the Paris Auction House, EVE, gaveled away several Hopi headdresses and masks known as Katsinam. The Hopi believe the Katsinam are sacred and regard them as living entities with divine spirits. The sale was allowed to occur by the disposition of the Board of Sales (Board), the French administrative agency that regulates auctions... 2015  
Karen M. Tani States' Rights, Welfare Rights, and the "Indian Problem": Negotiating Citizenship and Sovereignty, 1935-1954 33 Law and History Review Rev. 1 (February, 2015) What distinguishes the American Indians from other native groups is . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races. Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior... 2015 Yes
Rana Balesh Submerging Islands: Tuvalu and Kiribati as Case Studies Illustrating the Need for a Climate Refugee Treaty 5 Barry University Environmental and Earth Law Journal 78 (2015) The effects of global climate change are being felt around the world. The U.N. Human Rights Council has recognized that climate change will significantly impact vulnerable populations. The Intergovernmental Panel on Climate Change (IPCC) has confirmed that anthropogenic sources affect climate change. Research has shown that climate change is caused... 2015  
Scott A. Gilmore Suing the Surveillance States: the (Cyber) Tort Exception to the Foreign Sovereign Immunities Act 46 Columbia Human Rights Law Review 227 (Spring, 2015) From the hacking of newsrooms to the wiretapping of dissidents, foreign states are infiltrating American computers and intercepting communications--in stark violation of federal law and international norms. So far, the policy debate on cybersecurity has taken it for granted that foreign states enjoy immunity for cyber attacks on U.S. targets. This... 2015  
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