AuthorTitleCitationSummaryYearKey Terms
Hurst Hannum, Fletcher School of Law and Diplomacy, Tufts University Surpassing the Sovereign State: the Wealth, Self-rule, and Security Advantages of Partially Independent Territories. By David A. Rezvani. Oxford, New York: Oxford University Press, 2014. Pp. Ix, 387. Index. $99, £60 109 American Journal of International Law 452 (April, 2015) Many nations, regions, peoples, ethnic groups, and minorities around the world continue to seek the holy grail of self-determination, which usually means independence. This goal is consistent with the decolonization-era definition of self-determination, pursuant to which former colonies always had the option of obtaining independence (although... 2015  
Katie Bass The Battle over Plant Genetic Resources: Interpreting the International Treaty for Plant Genetic Resources 16 Chicago Journal of International Law 151 (Summer, 2015) International law is full of holes, inconsistencies, and ambiguities because of the number of overlapping treaties, agreements, and actors at play. One such ambiguity can be found in the overlapping system of treaties that govern plant genetic resources. Specifically, the International Treaty for Plant Genetic Resources (ITPGR) provides for... 2015  
Commissioner Gordon Walker, Q.C. The Boundary Waters Treaty 1909--a Peace Treaty? 39 Canada-United States Law Journal 170 (2015) The following is the text of the 7 Annual Canada-United States Law Institute Distinguished Lecture given at Western University Faculty of Law by Commissioner Gordon Walker, Q.C., on Oct. 29, 2013. A native of St. Thomas, Ontario, and a graduate of Western University, from which he received a B.A. and LL.B., Mr. Walker served as Member of Provincial... 2015  
Saikrishna Bangalore Prakash The Boundless Treaty Power Within a Bounded Constitution 90 Notre Dame Law Review 1499 (March, 2015) The Constitution grants the President the power to make treaties by and with the advice and consent of the Senate. One persistent matter of debate is whether there are subject matter limits to the President's power to make treaties. In particular, in making an international agreement with a foreign nation, are there certain topics that are off... 2015  
Albert M. Rosenblatt, Julia C. Rosenblatt, Eds. The Dutch, Munsees, and the Purchase of Manhattan Island by Paul Otto from Opening Statements - Law, Jurisprudence, and the History of Dutch New York 87-JAN New York State Bar Journal 10 (January, 2015) We may call England our mother country, but our culture, political system, and jurisprudence have a more varied heritage. Each state with its own settlement history has a unique flavor. Our nation's lineage, and New York's in particular, has an often-overlooked Dutch component. Scholars differ as to how much of New Netherland, or Dutch New York,... 2015  
Humberto Cantú-Rivera The Expansion of International Law Beyond Treaties 108 AJIL Unbound 70 (March, 2014-July, 2015) International law is going through a period of change and, potentially, expansion. At a point in history during the past millennium, the main sources of inter-State law were custom and general principles of law recognized by civilized nations. This came to an end with the Westphalian era when an international order slowly began to establish and a... 2015  
Tanisha M. Fazal The Fall and Rise of Peace Treaties 108 AJIL Unbound 46 (March, 2014-July, 2015) When the United States terminated its seven-year occupation of Japan in 1954, it did so having signed a peace treaty. By contrast, the United States tried, unsuccessfully, to persuade Hamid Karzai to sign a Bilateral Security Agreement to accompany the drawdown of U.S. forces in Afghanistan. Even if Karzai had agreed to sign, the draft agreement... 2015  
Jordan Hollander The House Always Wins: the World Trade Organization, Online Gambling, and State Sovereignty 12 Rutgers Journal of Law & Public Policy 179 (Spring, 2015) Gambling law and policy in the United States are at a tipping point. Gambling regulation has traditionally been a power reserved to the states. States are free to have casinos (except for Indian Casinos, which are governed under federal law), pari-mutuel wagering on horses, greyhounds, or jai alai, or have state lotteries. The Federal Interstate... 2015  
Madison Condon The Integration of Environmental Law into International Investment Treaties and Trade Agreements: Negotiation Process and the Legalization of Commitments 33 Virginia Environmental Law Journal 102 (2015) I. Introduction. 103 A. Legalization. 104 B. Negotiation and process. 105 II. Environmental Law in U.S. Trade Agreements. 106 A. Theory Behind Trade and Environment Linkages. 106 B. Development of Environmental Provisions in Free Trade Agreements. 107 1. Early U.S. Practice. 107 2. Second Phase of U.S. FTAs. 109 3. Recent U.S. Free Trade... 2015  
Govind Persad The Medical Cost Pandemic: Why Limiting Access to Cost-effective Treatments Hurts the Global Poor 15 Chicago Journal of International Law 559 (Winter 2015) Medical innovation in developed countries like the U.S. leads to an ever-changing medical standard of care. This innovation frequently also brings rising costs. While these costs strain even the sizeable health care budgets of developed countries, imposing them on developing countries would be much more burdensome. Yet a variety of commentators and... 2015  
Andrew I. Schoenholtz The New Refugees and the Old Treaty: Persecutors and Persecuted in the Twenty-first Century 16 Chicago Journal of International Law 81 (Summer, 2015) When the fledgling U.N. negotiated a treaty to protect refugees after the Second World War, member states focused on Europe as well as on events causing forced migration that occurred prior to 1951. No one imagined that cross-border escape from persecution would become a global phenomenon and remain one more than sixty years later, or that this... 2015  
Brian L. Pierson The Precarious Sovereign Immunity of Tribal Business Corporations 62-APR Federal Lawyer 58 (April, 2015) Like the United States and the 50 states, federally recognized Indian tribes enjoy immunity from suit based on their sovereign status: Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers. In its 1998 decision in Kiowa Tribe v. Manufacturing Techs. Inc., the U.S. Supreme... 2015 Yes
Andrew H. E. Lyon The Principality of Sealand, and its Case for Sovereign Recognition 29 Emory International Law Review 637 (2015) The Principality of Sealand is a small platform, a remnant of World War II British defenses, occupied by a billionaire visionary whose attempts at self-determination have been hindered around every corner. The argument for Sealand's sovereignty is about more than the future of the platform-nation. It is about the international legal community's... 2015  
Connie De La Vega, Kokeb Zeleke, Esther Wilch The Promotion of Economic, Social, and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: Crc, Cedaw, Cerd, & Crpd 14 Washington University Global Studies Law Review 213 (2015) This Article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities, and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of... 2015  
Leila Nadya Sadat The Proposed Restatement (Fourth) of the Foreign Relations Law of the United States: Treaties--some Serious Procedural and Substantive Concerns 2015 Brigham Young University Law Review 1673 (2015) The drafting of a new Restatement (Fourth) of the Foreign Relations Law was proposed to the American Law Institute (ALI) in 2012, and the project is now well under way. Multiple preliminary drafts have been circulated on the topics of Jurisdiction, Sovereign Immunity, and Treaties, and discussion has begun amongst ALI Members about the black letter... 2015  
Gregory J. Roden The Sovereign's Posterity 43 Capital University Law Review 585 (Summer, 2015) What I bear, and clearly perceive to be animated, is innocent of the faults of her who bears it, and has, I beg leave to say, a right to the existence which God has begun to give it. - Bathsheba Spooner [T]he people are the sovereign of this country. And, although the people delegated many powers to the federal government in the United States... 2015  
Julien Chaisse The Treaty Shopping Practice: Corporate Structuring and Restructuring to Gain Access to Investment Treaties and Arbitration 11 Hastings Business Law Journal 225 (Summer 2015) Foreign investment has become increasingly important in shaping the international economic landscape, and this explains the growing significance of the international law and policy of foreign investment in the world. There is a huge number of investment agreements, including both (bilateral) investment treaties (BITs) and free trade agreements... 2015  
Doug Cassel The United States and Human Rights Treaties: Can We Meet Our Commitments? 41-DEC Human Rights Rts. 5 (December, 2015) The United States has a strong human rights record in many respects. Compared to other countries, we do relatively well in protecting freedoms of expression, assembly, religion, and many forms of association. We maintain generally independent and honest courts with relatively fair procedures and an active bar. Human rights defenders are rarely in... 2015  
Imelda Carranza Ureño The Waiver of National Sovereignty: the Economic and Environmental Implications of the Transoceanic Canal of Nicaragua 25 Transnational Law & Contemporary Problems 205 (Winter 2015) In 2012 and 2013, Nicaragua passed two laws that granted the Hong Kong Nicaragua Canal Development Investment Company a fifty-year concession to construct a transoceanic canal across Nicaragua. The concession agreement strips the Nicaraguan government of its sovereign immunity, deprives locals of private property without just compensation, and... 2015  
Michael Fakhri The Wto, Self-determination, and Multi-jurisdictional Sovereignty 108 AJIL Unbound 287 (March, 2014-July, 2015) In EC--Seal Products, the World Trade Organization (WTO) Appellate Body (AB) held that the European Union (EU) Seal Regime banning the importation of seal products could be justified under General Agreement on Tariffs and Trade (GATT) Article XX(a) as a measure necessary to protect public morals. It also held that the indigenous communities (IC)... 2015  
Richard Dawson Transcendental Sense and a Playful Approach: the Treaty of Waitangi 66 Mercer Law Review 395 (Winter 2015) There is a rite of passage in New Zealand that is called OE, an acronym for overseas experience, commonly undertaken by people aged in their twenties. Many people speak of OE as a potentially valuable education. These remarks by Claudia Bell are indicative: Once away, the young New Zealander stops being an insider in a taken-for-granted... 2015  
  Treated Worse than Animals: Women and Girls in Indian Mental Institutions 22 Human Rights Brief 14 (Spring, 2015) In January 2015, Bollywood actress Deepika Padukone revealed to the press that she has struggled with depression and anxiety. Her disclosure has received praise and sparked a discussion in a society where, according to Ms. Padukone, [t]here is shame and stigma attached to talking about depression. Supporting her assessment is a report released by... 2015 Yes
Smith Monson Treating the Blue Rash: Win-win Solutions and Improving the Land Exchange Process 2015 Utah Law Review 241 (2015) The distribution of federal, state, and private land throughout the West has resulted in a fragmented ownership pattern where no single owner . . . owns enough contiguous land to allow effective management of land holdings, generating a plethora of disputes over access and similar problems. In particular, the disbursements of state trust lands... 2015  
Anthea Roberts Triangular Treaties: the Extent and Limits of Investment Treaty Rights 56 Harvard International Law Journal 353 (Summer 2015) Investment treaties should be reconceptualized as triangular treaties, i.e., agreements between sovereign states that create enforceable rights for investors as non-sovereign, third-party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state) and vice versa. If the investor... 2015  
Charles G. Curtis Jr. , Donald C. Baur , Jena A. MacLean , Partners, Perkins Coie LLP Tribal "Treatment as State" Programs under Federal Environmental Statutes: Key Provisions and Case Studies 2015 Aspatore 9194946 (November, 2015) Many federal environmental programs provide for the delegation of regulatory authority to individual states, subject to minimum federal standards and to the oversight and veto authority of the Environmental Protection Agency (EPA). This cooperative federalism structure allows both the federal government and states to share in the regulation and... 2015 Yes
Julia Guarino Tribal Food Sovereignty in the American Southwest 11 Journal of Food Law & Policy 83 (Spring 2015) I. Introduction: American Indian Conceptions of Land, Food, and Identity. 84 II. Agricultural Practices in the American Southwest Prior to Eurpoean Contact. 87 A. Indigenous Teachings about the Origin of Peoples in the Southwest. 88 B. Archeological Evidence of the Ancient Occupants of the American Southwest. 90 C. Agricultural Practices in the... 2015 Yes
Alan S. Kaplinsky Tribally-affiliated Payday Lenders Can Use Tribal Sovereign Immunity as Defense to State Administrative Proceedings and Class Actions 69 Consumer Finance Law Quarterly Report 78 (2015) Two recent decisions provide support for the use of tribal sovereign immunity by tribally affiliated payday lenders as a defense to both state administrative proceedings and private class actions. In Everette v. Joshua Mitchem, et al., the United States District Court for the District of Maryland granted the motion to dismiss filed by two payday... 2015 Yes
Scott J. Shackelford , Eric L. Richards , Anjanette H. Raymond , Amanda N. Craig Using Bits to Protect Bytes: Promoting Cyber Peace by Safeguarding Trade Secrets Through Bilateral Investment Treaties 52 American Business Law Journal L.J. 1 (Spring, 2015) In December 2013, the U.K. government decided to expand the authority of one of its intelligence agencies, the Government Communications Headquarters (GCHQ), to aid in the screening of incoming telecom products from Huawei, a leading Chinese manufacturer of information and communications technology. British policy makers' fear, which is shared by... 2015  
Aeyal Gross , Tamar Feldman We Didn't Want to Hear the Word 'Caloriesd': Rethinking Food Security, Food Power, and Food Sovereignty--lessons from the Gaza Closure 33 Berkeley Journal of International Law 379 (2015) Everybody is hungry, nobody is starving. Chirster Nordhal In the summer of 2007 Israel imposed a yet-to-be lifted closure on the Gaza Strip, restricting the movement of goods and people into and out of Gaza. Israel holds its closure policy to be legal under international law so long as it meets the humanitarian minimum standard and allows the... 2015  
Daniel C.K. Chow Why China Wants a Bilateral Investment Treaty with the United States 33 Boston University International Law Journal 421 (Summer 2015) Introduction. 422 I. The Current Multilateral, Chinese, and U.S. Legal Regimes Governing Foreign Direct Investment. 430 A. Multilateral FDI Regimes. 430 B. Chinese and U.S. Legal Regimes that are Applicable to FDI. 432 C. Effect of a U.S.-China BIT. 437 II. How a BIT with the United States Helps China Achieve Three Strategic Policy Goals. 439 A.... 2015  
Christopher McCrudden Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw 109 American Journal of International Law 534 (July, 2015) Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at... 2015  
Vincent M. Southerland Youth Matters: the Need to Treat Children like Children 27 Journal of Civil Rights & Economic Development 765 (Winter 2015) Our too-young and too-new America, lusty because it is lonely, aggressive because it is afraid, insists upon seeing the world in terms of good and bad, the holy and the evil, the high and the low, the white and the black; our America is frightened of fact, of history, of processes, of necessity. It hugs the easy way of damning those whom it cannot... 2015  
R. Patrick Springer A Better Way: Rethinking Sb 123 Probationary Drug Treatment in Kansas 62 University of Kansas Law Review 1365 (June, 2014) There is no denying that drug abuse and addiction have plagued our nation's criminal justice system. Drugs have not only destroyed the lives of millions of Americans, but have also propagated a host of offenses across the criminal spectrum. Today, an enormous share of inmates across the country report histories of drug use. Kansas inmates are no... 2014  
Carl Hollan A Broken System: Failures of the Religious Regulatory System in the People's Republic of China 2014 Brigham Young University Law Review 733 (2014) The system for regulating religion in the People's Republic of China (PRC or China) has faced increasing domestic and international criticism in recent years. However, there has been little, if any, improvement in the regulation or protection of religious freedoms in the PRC during the past decades. This failure to act in the face of increased... 2014  
Samuel Spital A Doctrine of Sameness, Not Federalism: How the Supreme Court's Application of the "Equal Sovereignty" Principle in Shelby County v. Holder Undermines Core Constitutional Values 34 Northern Illinois University Law Review 561 (Summer, 2014) I. Introduction. 561 II. From Reconstruction to Shelby County. 563 A. the voting rights act of 1965. 565 B. the 1970, 1975, and 1982 reauthorizations. 567 C. the 2006 reauthorization. 568 D. northwest austin v. holder. 571 E. shelby county v. holder. 572 III. Equality as sameness, federalism, and the separation of Powers. 573 A. the court's... 2014  
David A. Koplow A Nuclear Kellogg-briand Pact: Proposing a Treaty for the Renunciation of Nuclear War as an Instrument of National Policy 42 Syracuse Journal of International Law and Commerce 123 (Fall, 2014) Si vis pacem, para bellum (If you want peace, prepare for war) - Roman adage Si vis pacem, para pacem (If you want peace, prepare for peace) - Inscription on the ceremonial pen used to sign the Kellogg-Briand Pact INTRODUCTION. 124 I. PARSING THE TEXT OF THE KELLOGG-BRIAND PACT. 127 II. THE ANTECEDENTS AND SEQUELAE OF KELLOGG-BRIAND. 132 A.... 2014  
Hope Babcock A Possible Solution to the Problem of Diminishing Tribal Sovereignty 90 North Dakota Law Review 13 (2014) The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will... 2014 Yes
Ligia M. De Jesús A Pro-choice Reading of a Pro-life Treaty: the Inter-american Court on Human Rights' Distorted Interpretation of the American Convention on Human Rights in Artavia v. Costa Rica 32 Wisconsin International Law Journal 223 (Summer 2014) Introduction. 224 I. The Artavia Court's Pro-Choice Persuasion. 226 II. The Artavia Court 's Improper Use of International Norms of Treaty Interpretation in Interpreting Article 4(1) on the Right to Life from Conception. 229 A. Definition of Conception as Implantation. 229 1. The Court's Departure from the Ordinary Meaning Rule. 230 2. State... 2014  
Robyn Rose A Special Purpose: the Migratory Bird Treaty Act and Wind Energy 55 Natural Resources Journal 205 (Fall 2014) The Migratory Bird Treaty Act (MBTA), almost a century old, incites disagreement between conservationists, wind energy developers, and the courts. The MBTA protects over 800 bird species but unlike other conservation laws, the MBTA and its regulations do not provide for incidental takes (an unintentionally caused bird death or injury). In the... 2014  
Meredith L. Jewitt A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan 9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... 2014 Yes
Meredith L. Jewitt A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan 9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... 2014 Yes
Paul Horwitz A Troublesome Right: the "Law" in Dworkin's Treatment of Law and Religion 94 Boston University Law Review 1225 (July, 2014) Ronald Dworkin's final book, Religion Without God, is a gloriously compact treatment of a massive subject. Perhaps the massive subject. Its first sentence is, The theme of this book is that religion is deeper than God. The last chapter is titled Death and Immortality. This is, in short, a book about eternity and the human condition. These are... 2014  
Sam F. Halabi Abstention, Parity, and Treaty Rights: How Federal Courts Regulate Jurisdiction under the Hague Convention on the Civil Aspects of International Child Abduction 32 Berkeley Journal of International Law 144 (2014) In 2010, the US Supreme Court decided a child custody case, Abbott v. Abbott, despite its traditional preference that state law and state courts handle family law matters. In that case, the Supreme Court resolved a specific issue with respect to child custody: whether or not a term in a custodial decree giving a noncustodial parent the right to... 2014  
James L. Cresswell, Jr. Applying the Discretionary Function Exception to the Waiver of Sovereign Immunity in Airport Litigation 79 Journal of Air Law and Commerce 665 (Fall 2014) I. INTRODUCTION. 666 II. THE HISTORY OF SOVEREIGN IMMUNITY IN THE UNITED STATES. 667 III. APPLICATION OF SOVEREIGN IMMUNITY TO PUBLIC AIRPORTS PRIOR TO THE PASSAGE OF THE FEDERAL TORT CLAIMS ACT AND THE CORRESPONDING STATE STATUTES. 668 IV. THE WAIVER OF SOVEREIGN IMMUNITY BY THE FEDERAL GOVERNMENT AND THE STATES. 669 A. The Semantic Approach. 671... 2014  
Mark J. Cowan Assignment of Income at the Ivory Tower: Relaxing the Tax Treatment of Services Donated to Charities by Their Employees 40 Journal of College and University Law U.L. 1 (2014) I. Introduction. 3 A. Illustrating the Problem: The Tax Education of Professor Flinty. 3 B. The Problem of Donated Services. 5 II. Charitable Contributions in General. 6 III. The Current Tax Treatment of Donated Services. 13 A. First Possibility: No Income/No Deduction. 13 B. Second Possibility: Imputed Income/Deduction. 17 1. Assignment in the... 2014  
Laura C. Sayler Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty 2014 Cardozo Law Review de novo novo 1 (2014) C1-3Table of Contents L1-2Introduction . R32. I. Background. 10 A. The Violence Against Women Act and the 2013 Reactivation Bill. 10 B. The Legacy of Oliphant. 14 II. Special Domestic Violence Jurisdiction Is an Expansion of Inherent Tribal Sovereignty. 17 A. The Delegation Theory Versus the Inherent Sovereignty Theory. 17 B. Constitutional Support... 2014 Yes
Garrett Davey Barbara Cosens, the Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty 17 University of Denver Water Law Review 358 (Spring 2014) Oregon State University Press (2012); 455 pp; ISBN 978-0870716911; paperback. In 1964, after nearly twenty years of negotiation, Canada and the United States began implementing the Columbia River Treaty (CRT) in an effort to control floodwaters and harness the energy potential of the Columbia River. Barbara Cosens's edited collection of essays,... 2014  
Michael Welsh Betting on State Equality: How the Expanded Equal Sovereignty Doctrine Applies to the Commerce Clause and Signals the Demise of the Professional and Amateur Sports Protection Act 55 Boston College Law Review 1009 (May, 2014) Abstract: In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby... 2014  
Prabhash Ranjan , Deepak Raju Bilateral Investment Treaties and the Indian Judiciary 46 George Washington International Law Review 809 (2014) India has entered into bilateral investment treaties (BITs) with eighty-six countries. Of these BITs, seventy-three have already come into force. Despite this massive BIT program, BITs in India did not attract much attention until foreign investors used BITs to slap India with investment treaty arbitration (ITA) notices. These foreign investors,... 2014 Yes
Candace Farmer Can the U.s. Use a Reservation to Alleviate Sovereignty Concerns Regarding the Convention on the Rights of Persons with Disabilities? 43 Georgia Journal of International and Comparative Law 249 (Fall, 2014) I. Introduction. 250 II. Brief Background of the CRPD. 252 III. The United States and the CRPD: A History. 255 IV. The United States Ratification Debate. 257 A. The Foundations of the Anti-Ratification Argument. 257 B. The Anti-Ratification Argument Relating Specifically to the CRPD. 264 C. The Pro-Ratification Argument: A Different Spin on Treaty... 2014  
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