AuthorTitleCitationSummaryYearKey Terms
David Todd Beneath Sovereignty: Extraterritoriality and Imperial Internationalism in Nineteenth-century Egypt 36 Law and History Review 105 (February, 2018) At 11:00 a.m. on September 2, 1873, to enforce a decision from the Cairo Majlis al-Tujjr (commercial tribunal), a dozen Egyptian police officers affixed seals on a beerhouse in the city's Azbakeya gardens. For two years, the beerhouse's leaseholder, Joseph Escoffier, and, after his death in December 1871, his widow Delphine, née Golf, had refused... 2018  
Kevin E. Noonan , Andrew W. Torrance Biotechnology Patent Law Top Ten of 2018 Broad Wins, Sovereignty Loses, and Patent Dance 52 Akron Law Review 637 (2018) Abstract. 639 I. Introduction. 640 II. The 2018 Top Ten in Biotechnology Patent Law. 641 A. Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. (Fed. Cir. 2018) (Panel: Circuit Judges Newman, Dyk, and Taranto; opinion by Judge Taranto; dissenting opinion by Judge Newman).. 641 B. Berkheimer v. HP Inc. (Fed. Cir. 2018) (Panel: Circuit Judges... 2018  
Erika George , Elizabeth Thomas Bringing Human Rights into Bilateral Investment Treaties: South Africa and a Different Approach to International Investment Disputes 27 Transnational Law & Contemporary Problems 403 (Summer, 2018) I. Introduction. 404 II. Global South-South Cooperation: The Evolution of an African-Asian Alliance. 409 A. The Emergence of an African-Asian Economic Alliance. 409 B. The Role of BITs in International Investment Systems. 416 C. China's Evolving Approach to BITs. 417 D. South Africa's Evolving Approach to BITs. 419 E. The South African Development... 2018  
Katherine Sochacki Cedaw and Treaty Compliance: Promoting Access to Modern Contraception 51 Vanderbilt Journal of Transnational Law 659 (March, 2018) Modern contraception is widely recognized as a crucial component of family planning services and is recognized as a reproductive right under international human rights law. However, unmet need for contraception remains high, as many women in the developing world lack access to family planning services. This Note examines the role of the Committee... 2018  
Martha G. Vázquez Clipping the Wings of Industry: Uncertainty in Interpretation and Enforcement of the Migratory Bird Treaty Act 74 Washington and Lee Law Review Online 281 (4/2/2018) C1-3Table of Contents I. Introduction. 282 II. The Migratory Bird Treaty Act. 287 A. The Birth of the Migratory Bird Treaty Act. 287 B. The Migratory Bird Treaty Act. 289 1. Construction of the Migratory Bird Act. 291 2. The Problem with Taking. 294 C. Modern Threats and Modern Industry. 295 III. Current Legal Landscape. 299 A. Judicial... 2018  
Philip G. Dabbagh Compacts of Free Association-type Agreements: a Life Preserver for Small Island Sovereignty in an Era of Climate Change? 24 Hastings Environmental Law Journal 431 (Summer, 2018) One of the most existential threats posed by climate change is the threat posed to the number of small island states scattered around the world's oceans. Given the fact that many of these countries are low-lying and have average elevations in the single digit of meters, sea level rise of even a few meters over the coming decades and centuries runs... 2018  
Paul B. Stephan Competing Sovereignty and Laws' Domains 45 Pepperdine Law Review 239 (February, 2018) We live in a world of multiple sovereignties. Many think of nation-states as the principal sovereign actors, but sovereign substates and international institutions created by states also hold sway. Each claims a domain, an area (spatial, temporal, conceptual) over which it rules. Ruling includes adopting and applying law. When domains overlap, laws... 2018  
Venetia Argyropoulou Convergence and Divergence Between International Investments Law and Human Rights Law, in the Context of the Greek Sovereign Debt Restructuring 11 Journal of Business, Entrepreneurship and the Law 165 (2018) Abstract. 166 I. Sovereign Debt Default and International Investment Treaties. 167 II. Sovereign Debt Default and Human Rights. 168 III. The Factual Background of the Greek Default. 170 A. The Greek Financial Crisis. 170 1. The Economic Situation in Greece. 170 B. GGB's Spreads, 1993-2011. 171 1. The Way to the Haircuts. 173 i. The First Haircut.... 2018  
Sadie Blanchard Courts as Information Intermediaries: a Case Study of Sovereign Debt Disputes 2018 Brigham Young University Law Review 497 (2018) It's well known there's always two sides, if no more; else who'd go to law, I should like to know? --George Eliot, Middlemarch (1872) When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment.... 2018  
Kevin M. Clermont Degrees of Deference: Applying Vs. Adopting Another Sovereign's Law 103 Cornell Law Review 243 (January, 2018) Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors' obligatory application of state law and their voluntary adoption of state law as federal law. This Article's thesis is that this significant distinction holds in all other situations where a sovereign employs another's law: not only in the analogous... 2018  
Sherod Thaxton Disentangling Disparity: Exploring Racially Disparate Effect and Treatment in Capital Charging 45 American Journal of Criminal Law 95 (Spring, 2018) One hundred and thirty years ago, in Yick Wo v. Hopkins, the U.S. Supreme Court ruled that racially discriminatory enforcement of facially-neutral laws violated defendants' equal protection rights. Since then, a voluminous body of research has documented persistent and unjustified racial disparities in charging and sentencing. Yet not a single... 2018  
Matthew C. Canfield Disputing the Global Land Grab: Claiming Rights and Making Markets Through Collaborative Governance 52 Law and Society Review 994 (December, 2018) As transnational movements contest economic inequalities and demand inclusion into global decision-making processes, new models of collaborative governance have proliferated. Promoters of this new mode of governance suggest that it can produce win-win solutions through inclusive, consensus-based processes, if these arenas of governance account... 2018  
Qingxiu Bu Extraterritorial Jurisdiction Vis-à-vis Sovereignty in Tackling Transnational Counterfeits: Between a Rock and a Hard Place? 100 Journal of the Patent and Trademark Office Society 69 (2018) Transnational counterfeiting has grown tremendously with the increasing interdependence of global economy. The process of illicit financial flow has outpaced the growth of mechanisms for global governance, and the resultant deficiency produces regulation vacuum where the cross-border crime can thrive. It is very necessary to consider the effect of... 2018  
Ying Zhu Fair and Equitable Treatment of Foreign Investors in an Era of Sustainable Development 58 Natural Resources Journal 319 (Summer, 2018) The long-existing debate surrounding the environmental impacts of investment liberalism has been intensified by the rapid growth of an international investment regime, which now consists of more than 3,000 international investment agreements (IIAs) and more than 700 investor-state arbitration cases. Many scholars, states, and non-governmental... 2018  
Deborah Zalesne , Adam Dexter From Marriage to Households: Towards Equal Treatment of Intimate Forms of Life 66 Buffalo Law Review 909 (August, 2018) When the civil magistrate sought to justify his reign, he preached to the people that under his rule they are free and equal: free to pursue their conceptions of the good life and equal under the law. For word of the good news to reach the people, the civil magistrate invited citizens from each community under his jurisdiction to hear him preach:... 2018  
Elizabeth A. Clark Headscarf Bans, Equal Treatment, and Minority Integration in the Workplace 93 Notre Dame Law Review Online 69 (2018) Andrea Pin's Essay on the Achbita and Bougnaoui cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies. The European Court of Justice's (ECJ) rulings in these cases are also in tension with the court's own discrimination law and... 2018  
Ray A. Knight and Lee G. Knight How Do Partnerships Treat Options, Short Sales, and Unmatured Claims? 128 Journal of Taxation 34 (May, 2018) Although the partnership rules may seem straightforward, partners should consult with a tax professional to avoid any surprising tax consequences. Partners and partnerships may think that their partnership interests are flexible and adaptable to most situations. Thus, when they transfer property to partnerships or when the partnerships enter into... 2018  
Michelle Bone Immunity Inconsistency at the Patent and Trademark Office: a Case Study for Sovereign Immunity in Administrative Adjudications 21 University of Pennsylvania Journal of Constitutional Law 613 (December, 2018) Sovereign entities, such as states, foreign countries, and Native American tribes, are able to assert, as a defense in civil suits, sovereign immunity, stemming from a traditional understanding that sovereign entities should not be sued by citizens and other private entities, foreign or domestic. However, the law places limitations on when... 2018  
Fadi Shaheen Income Tax Treaty Aspects of Nonincome Taxes: the Importance of Residence 71 Tax Law Review 583 (Spring, 2018) Despite the proposals over the past several decades to replace or supplement the income tax with one type or another of nonincome taxes, until recently the discussion of income tax treaty aspects of such proposals has been very limited. Treaty scholars have dismissed as hopeless the treaty compatibility prospects of the proposals or have dismissed... 2018  
John Mukum Mbaku International Law and Limits on the Sovereignty of African States 30 Florida Journal of International Law 43 (August, 2018) Since the end of the Cold War, there has been an acceleration in globalization, a process that has resulted in significant increases in interaction between peoples and nations. As a consequence, it has become increasingly difficult for national governments to have full control over what happens within their territorial boundaries. In fact,... 2018  
Artemio Rivera Interpreting Extradition Treaties 43 University of Dayton Law Review 201 (Spring, 2018) It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past. -Justice Oliver Wendell Holmes I. Introduction. 202 II. Extradition Treaties... 2018  
Karl M.F. Lockhart Investment Treaties, Offshore Finance, and the Resource Curse 59 Boston College Law Review 2663 (November, 2018) Abstract: Questions of how best to understand offshore financial centers (OFCs)--countries that have low or zero tax rates, strong banking secrecy regulation, and easy-to-form legal entities--and what, if anything, the international community should do about them remain fixed on the agenda of national and international discourse. This Essay seeks... 2018  
George A. Croton It's Always Windy in Mccain Valley: Vicarious Liability under the Migratory Bird Treaty Act 69 Hastings Law Journal 647 (February, 2018) This Note considers whether a federal agency that grants a license, lease, or permit to a wind farm developer can thereafter be held vicariously liable for the developer's violations of the Migratory Bird Treaty Act's (MBTA) take provisions. It concludes by positing that a federal agency can justifiably and logically be held vicariously liable... 2018  
Alessandra Arcuri , Francesco Montanaro Justice for All? Protecting the Public Interest in Investment Treaties 59 Boston College Law Review 2791 (November, 2018) Abstract: Investment arbitration has come increasingly under fire because of its design flaws. There is an emerging consensus that investment treaty arbitration not only falls short of ensuring a sufficient degree of transparency of arbitral proceedings and impartiality of arbitrators, but also that its institutional architecture is unjustifiably... 2018  
Chandra Murdoch, University of Toronto Katrina Jagodinsky, Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946, New Haven: Yale University Press, 2016. Pp. Ix + 352. $30 (Isbn 9780300211689) 36 Law and History Review 435 (May, 2018) In 1864, King S. Woolsey apprehended Lucía Martínez, a Yaqui child who had escaped from the intertribal slave trade in the Sonoran desert. Forced to tend to Woolsey's domestic and sexual demands on his Arizona ranch, Martínez faced a complex web of laws in her long fight to secure freedom for herself and the children she bore there. These laws were... 2018  
Tisa Wenger, Associate Professor of American Religious History, Yale University Legal Codes and Talking Trees: Indigenous Women's Sovereignty in the Sonoran and Puget Sounds Borderlands, 1854-1946. By Katrina Jagodinsky. New Haven: Yale University Press, 2016. Pp. 352. $40.00 (Cloth). Isbn: 978-0300211689 33 Journal of Law and Religion 125 (April, 2018) At the heart of this innovative and artfully constructed book are six case studies of Native American women from the cultural and legal borderlands of Arizona and Washington. Bringing together the fields of settler colonial and indigenous studies, U.S. western and borderlands history, and the social history of American law, Katrina Jagodinsky makes... 2018  
Andrew Keane Woods Litigating Data Sovereignty 128 Yale Law Journal 328 (November, 2018) Because the internet is so thoroughly global, nearly every aspect of internet governance has an extraterritorial effect. This is evident in a number of high-profile cases that cover a wide range of subjects, including law enforcement access to digital evidence; speech disputes, such as requests to remove offensive or hateful web content;... 2018  
Yu-Jie Chen Localizing Human Rights Treaty Monitoring: Case Study of Taiwan as a Non-un Member State 35 Wisconsin International Law Journal 277 (Spring, 2018) This article calls attention to a fundamental challenge that has been downplayed in current efforts to strengthen the United Nations (UN) human rights treaty body system, namely, the system's insulation and alienation from local stakeholders who are supposed to take part in the processes of monitoring State implementation of treaty obligations. The... 2018  
Dakota S. Rudesill Mirvs Matter: Banning Hydra-headed Missiles in a New Start Ii Treaty 54 Stanford Journal of International Law 83 (Winter, 2018) Nuclear multiple independently-targeted re-entry vehicles (MIRVs) on global-range ballistic missiles are at once Cold War relics, unfinished business of the bilateral arms control regime, and potential threats to strategic stability if the United States and Russia find themselves in a nuclear crisis--a confrontation in which the use of nuclear... 2018  
Adam J. MacLeod Of Brutal Murder and Transcendental Sovereignty: the Meaning of Vested Private Rights 41 Harvard Journal of Law & Public Policy 253 (Winter, 2018) Introduction 254 I. Evolution of the Basic Constitutional Doctrine 258 A. A (Short) History of What It Is 258 B. What It Is Not 265 II. Theoretical Challenges and Their Limitations 273 A. English Positivism 273 B. A Limiting Case: Free English Soil 276 C. Legal Realism 286 D. Persistence of Vested Rights in American Law 290 III. The Focal Meaning... 2018  
Wendy Simon-Pearson One Belt, One Road, One Treaty: China's Energy Security and the Energy Charter Treaty 9 George Washington Journal of Energy & Environmental Law 112 (Fall, 2018) Imagine a world where a rising world power's economy depends upon imported energy resources to produce commodities for export. The legitimacy of the government depends upon the stability of the country's economy. The state has an increasingly powerful but untested navy. However, five trillion dollars in world trade, including a majority of the... 2018  
Elizabeth Anne Reese Or to the People: Popular Sovereignty and the Power to Choose a Government 39 Cardozo Law Review 2051 (August, 2018) To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment as a judicially enforceable limit on federal powers. However, in casting the Tenth Amendment as the states' rights amendment, these textualists have inexplicably glossed over the Tenth Amendment's final four words, which reserve powers to the people. This... 2018  
Brian M. Blumenfeld, J.D., M.A. Pacta Sunt Servanda State Legalization of Marijuana and Subnational Violations of International Treaties: a Historical Perspective 46 Pepperdine Law Review 69 (December, 2018) If we are to be one nation in any respect, it clearly ought to be in respect to other nations.--James Madison, Federalist 42 In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, eight additional states and the District of Columbia have followed suit,... 2018  
Paul R. Dubinsky Private Law Treaties and Federalism: Can the United States Lead? 54 Texas International Law Journal 39 (Fall, 2018) C1-2Table of Contents Introduction. 39 I. Historical Background: Federalism and PIL in the United States. 41 II. Federalism's Decline and the Golden Age. 46 III. Federalism and the Third Restatement. 52 IV. The Revival of Federalism After the Third Restatement. 54 V. PIL and Federalism in the Supreme Court (1987-88). 59 VI. Unsuccessful Attempts at... 2018  
Michael C. Blumm , Courtney Engel Proprietary and Sovereign Public Trust Obligations: from Justinian and Hale to Lamprey and Oswego Lake 43 Vermont Law Review Rev. 1 (Fall, 2018) The public trust doctrine (PTD) has sometimes been mischaracterized as applicable only to state-owned resources. But this proprietary PTD is only half of the scope of the PTD, for the doctrine also contains a sovereign component. The latter has been recognized for over a century and is not dependent on state ownership of the public trust res.... 2018  
Laura M. DeGeer Proptech and Due Diligence 20 Lawyers Journal J. 5 (1/5/2018) Technology has rapidly altered the way society interacts and does business. In the real property sector, tech solutions are becoming more prevalent as the industry gains momentum. Web-based leasing programs are a major shift in the realm of commercial real estate that reflects such a tech-focused culture. These and other programs - aptly coined... 2018  
Nora Sveaass, Felice Gaer, Claudio Grossman Rehabilitation in Article 14 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 51 International Lawyer Law. 1 (2018) Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the... 2018  
Paul Mertenskötter , Richard B. Stewart Remote Control: Treaty Requirements for Regulatory Procedures 104 Cornell Law Review 165 (November, 2018) Modern trade agreements have come to include many and varied obligations for domestic regulation and administration. These treaty-based commitments aim primarily to improve the freedom of firms to operate in the global economy by aligning the ways in which governments regulate markets and private actors engage governments through administrative... 2018  
Marvin L. Astrada Revisiting the Wto Rare Earths Dispute--law, Trade, Sovereignty, & Environmental Security in a Networked World 46 Syracuse Journal of International Law and Commerce Com. 1 (Fall, 2018) INTRODUCTION. 1 I. THE RARE EARTHS DISPUTE: LAW IN INTERNATIONAL RELATIONS. 3 II. A COMPLEX SYSTEMS APPROACH TO INTERNATIONAL RELATIONS: CONCEPTUALIZING & CONTEXTUALIZING THE PRESENT LSSN. 8 III. THE LSSN, THE STATE & THE INTERNATIONAL SYSTEM. 13 IV. THE RARE EARTHS DISPUTE: CONTEXTUALIZING THE LSSN IN A COMPLEX, NETWORKED WORLD. 18 V. THE WTO &... 2018  
Danae Azaria Secret Treaties in International Law and the Faith of States in Decentralized Enforcement 111 AJIL Unbound 469 (2018) The modern law of treaties applies regardless of whether a treaty is publicized. The secrecy of an international agreement does not affect its legal force, nonpublicized agreements may be used in interpreting a publicized treaty, and mere failure to comply with domestic requirements concerning publicity does not invalidate the treaty or a state's... 2018  
Samuel W. Calhoun Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show it Was Never Intended to Separate Religion from Politics 74 Washington and Lee Law Review Online 459 (8/14/2018) This Essay argues that it's perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln's opposition to slavery, shows that religion and... 2018  
Melissa Dixon Sovereign Lands 4 One J: Oil and Gas, Natural Resources, and Energy Journal 481 (September, 2018) C1-2Table of Contents I. Introduction. 481 II. Waste Prevention Rule. 482 III. Fracing Rule. 483 2018  
Xuan-Thao Nguyen Sovereign Patent Funds 51 U.C. Davis Law Review 1257 (April, 2018) C1-2Table of Contents Introduction. 1259 I. From Asia to Europe: Sovereign Patent Funds. 1263 A. Japan's INCJ, IP Bridge, and Other SPFs. 1263 B. South Korea's Intellectual Discovery, IP Cube Partners, and KDB Infra IP Capital. 1266 C. Taiwan's ITRI, MedTech Fund, and IP Bank. 1268 D. China's Ruichuan IPR Funds, Beijing Key Industry IP Operations... 2018  
Steven Press Sovereignty and Diamonds in Southern Africa, 1908-1920 28 Duke Journal of Comparative & International Law 473 (Spring, 2018) In 1907 the German colonial army, wrapping up its genocide of Nama and Herero peoples in Southwest Africa, generally counted the Namib Desert as more trouble than it was worth. So did the German people and government, for that matter. In Summer 1908, however, a group of workers laying railway track in the Namib found diamonds lying in the sand. In... 2018  
Carla F. Fredericks , Jesse D. Heibel Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause 89 University of Colorado Law Review 477 (Spring, 2018) Introduction. 477 I. Indians in the Constitution. 480 II. The End of Treaty-Making and the Creation of Plenary Power. 486 III. Tribal Claims in Federal Courts. 494 IV. The Sioux Treaties of 1851 and 1868--Then and Now. 501 V. Sioux Tribe of Indians v. United States. 509 VI. United States v. Sioux Nation. 513 VII. The Fight Against the Dakota Access... 2018  
Kathryn Webb Bradley Surrogacy and Sovereignty: Safeguarding the Interests of Both the Child and the State 43 North Carolina Journal of International Law L. 1 (Spring, 2018) Introduction. 1 I. The Rights and Responsibilities of the Stakeholders. 5 A. The State. 6 B. The Intended Parents. 10 C. The Child. 17 II. Selected Cases. 21 A. France. 21 B. Italy. 24 C. Great Britain. 26 III. Striking a Balance. 32 A. Act Deliberately. 32 B. Act Expeditiously. 34 C. Act Justly. 35 IV. Conclusion. 36 2018  
Alex Weidner Sword or Shield? The Threat of Sovereign Immunity in Inter Partes Review 83 Missouri Law Review 887 (Summer, 2018) Subject to few exceptions, Eleventh Amendment sovereign immunity prevents states from being hailed into federal court. Within the context of patent law, where all suits must be brought in federal court, states, including state entities, entitled to sovereign immunity cannot ordinarily be sued for infringement. In the instant case, Covidien LP... 2018  
Eric Yong Joong Lee The "Peace Treaty" as a U.s. Doctrinal Option and its Application to the Dprk: a Historical and Analytic Review 51 Cornell International Law Journal 101 (Winter, 2018) Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or... 2018  
Benjamin Pomerance The Best-fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts 18 Wyoming Law Review 179 (2018) I. Introduction. 180 II. Veterans Treatment Courts: Balancing Individual Treatment with Societal Justice. 183 III. The Controversial Balance: Judicial Autonomy and Extrajudicial Restraints. 193 IV. A Necessary Balance: Inter-Branch Approaches for Veterans Treatment Courts. 201 A. Democratic Accountability. 202 B. Comprehendible and Consistent... 2018  
Jide Nzelibe The Breakdown of International Treaties 93 Notre Dame Law Review 1173 (January, 2018) [A] cause seldom triumphs unless somebody's personal interest is bound up with it. In the past few years, we have witnessed a rise in antiglobalization sentiment in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically,... 2018  
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