AuthorTitleCitationSummaryYearKey Terms
Lindsay Daniels The End of Special Treatment for Cubans in the U.s. Immigration System: Consequences and Solutions for Cubans with Final Orders of Removal 122 Dickinson Law Review 707 (Winter, 2018) In January 2016, former President Obama announced the end of the Wet-Foot, Dry-Foot Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take... 2018  
Graham K. Bryant The Historical Argument for State Sovereign Immunity in Bankruptcy Proceedings 87 Mississippi Law Journal 49 (2018) Introduction. 50 I. Bankruptcy Law from Its Origin to Colonial-Era England. 53 A. Early English Debtor Statutes. 54 B. The Rise of Bankruptcy Law and the Concept of Discharge. 58 II. America under the Articles of Confederation: Discharge and Multiple Sovereigns. 63 III. Framing an Answer to the Uniformity Question. 65 A. The Madisonian Framework... 2018  
Norman A. Dupont The New Role of States and Provinces in International Environmental Treaties and Implementation 32-SPG Natural Resources & Environment 23 (Spring, 2018) The new is frequently highlighted by its very title, such as a news flash or a new discount offer. The new sometimes relies upon a temporal component, such as Gatsby or Gates ascending to the ranks of the nouveau riche or the release of Beaujolais nouveau in the third week of November. But, sometimes, as is the case with state and local... 2018  
Courtney Irons The Patriarch and the Sovereign: the Malheur Occupations and the Hyper-masculine Drive for Control 51 Columbia Journal of Law and Social Problems 479 (Spring, 2018) On January 2, 2016, a group of armed protestors seized control of the Malheur National Wildlife Refuge. The occupation followed a long tradition of resistance in western states of federal land management policy, but the members took a stricter approach to federalism than most. The group fully rejected federal sovereignty over the land, and in doing... 2018  
Mark P. Hanna The Substantive/procedural Distinction: Law's Solution to the Problem of Jus Cogens in a World of Sovereign States 19 German Law Journal 21 (2/1/2018) This Article uses social systems theory to examine the increased reliance on a distinction between substantive and procedural international law to resolve cases involving a conflict between jus cogens and state immunity. This presents the problem of an evolutionary relationship between international law and the complex differentiation of world... 2018  
Sydney Donovan, Alexandra Tressler, Michael Larrick The University of Denver Water Law Review Eleventh Annual Symposium: Forging Sovereignty, Self Determination, and Solidarity Through Water Law 21 University of Denver Water Law Review 291 (Spring, 2018) Denver, Colorado March 30, 2018 2018  
Faith Kjelstrup The Use of the Medical Diagnosis or Treatment Exception to Hearsay in Domestic Violence Cases: the Admissibility of Testimony from Medical Providers about Statements Regarding the Identity of an Alleged Perpetrator under Nebraska Rule of Evidence 803(3) 51 Creighton Law Review 603 (June, 2018) Domestic violence perpetrators have acquired the reputation of using bullying tactics and extortion to instill fear in their victims, ensuring victims refuse to testify out of fear for their safety. The Nebraska Legislature has expressed concern regarding the help that domestic violence victims receive through Nebraska's criminal justice system.... 2018  
Jennie Bricker This Land Is My Land 78-SEP Oregon State Bar Bulletin 24 (August/September, 2018) Tradition has it that William Bradford and the other Mayflower Pilgrims landed on Plymouth Rock in 1620. They soon found, of course, that the continent was already inhabited. If my grade school curriculum was a trustworthy source of history, the first Pilgrims and the Native Americans hit it off famously: They carved turkey together, companionably... 2018  
Darren Azman , Alexandra C. Scheibe , David L. Taub , McDermott Will & Emery, LLP; New York, McDermott Will & Emery, LLP; New York, McDermott Will & Emery, LLP; New York Treatment of Blockchain Tokens in U.s. Bankruptcy Proceedings 37-DEC American Bankruptcy Institute Journal 26 (December, 2018) Start-ups and established companies in a variety of industries have identified uses for blockchain, including banking, real estate, health care, education, insurance and event ticketing. Many of these companies are now selling their native tokens in offerings known as initial coin offerings (ICOs) in which the project developer or sponsor is the... 2018  
Yolanda Rondon, Esq. Treatment of Domestic Terrorism Court Cases: Class and Mental Health in the Criminal System 26 American University Journal of Gender, Social Policy and the Law 741 (2018) Introduction. 741 I. The Categorization of Domestic Terrorism Cases. 743 II. Treatment and Classification of Domestic Terrorism Cases. 777 III. Criminalization. 785 IV. Conclusion. 791 2018  
Brett Potash Unequal Protection: Examining the Judiciary's Treatment of Unwed Fathers 34 Touro Law Review 649 (2018) The Supreme Court of the United States has heard a handful of cases dealing with constitutional questions relating to unmarried fathers and their rights concerning their children. Historically, unwed fathers have received overall negative treatment from courts around the country compared to their female counterparts. For example, until the 1970s,... 2018  
Stephanie E. Anderson Using Marijuana as My Antidepressant and Now I Feel Better: a Call for More Research into the Viability of Marijuana as Treatment for Depression, Anxiety, and Bipolar Disorder 42 Oklahoma City University Law Review 335 (2017-2018) Marijuana has growing popularity and acceptance in the legal system. In November 2016, residents of California, Massachusetts, and Nevada voted to legalize recreational use of marijuana. As of now, nine states and the District of Columbia have legalized marijuana for recreational use. Twenty-one other states, Guam, and Puerto Rico have legalized... 2018  
Daniel Rietiker (PhD) Wind of Change in Nuclear Disarmament: the Treaty on the Prohibition of Nuclear Weapons as a New Example of Humanitarian, Victim-centered Arms Control 6 Suffolk University Law Review Online Online 1 (2018) The adoption of the Treaty on the Prohibiting of Nuclear Weapons (TPNW) in New York, on July 7, 2017, shifted the paradigm in nuclear disarmament after more than twenty years of stagnation in the field. After biological and chemical weapons bans in 1972 and 1993, respectively, the remaining weapons of mass destruction will be banned once the TPNW... 2018  
Michalyn Steele Breaking Faith with the Tribal Sovereignty Doctrine 64-APR Federal Lawyer 48 (April, 2017) The great Seneca Nation leader and diplomat Red Jacket is said to have illustrated the tribe's frustration with the insatiable encroachment of those seeking Seneca lands during a negotiation with the Holland Land Company's agent, Joseph Ellicott. The two were seated on a log. Every few minutes during their discussion, Red Jacket crowded Ellicott on... 2017 Yes
Jessica A. Shoemaker Complexity's Shadow: American Indian Property, Sovereignty, and the Future 115 Michigan Law Review 487 (February, 2017) This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today's federally imposed reservation... 2017 Yes
Jacob Franchek Digitizing Tribal Law: How Codification Projects Such as Tribal Law Online Could Give New Rise to American Indian Sovereignty 94 Washington University Law Review 1025 (2017) Well, neither could . anybody, right? I mean if anybody could find it, you could. It's because it's not published anywhere, right? --Chief Justice John Roberts, in response to being told by an attorney arguing for the Cheyenne River Sioux Tribe that his office had been unable to discover applicable Cheyenne River Sioux precedent. Today, in the... 2017 Yes
Hope Babcock Here Today, Gone Tomorrow--is Global Climate Change Another White Man's Trick to Get Indian Land? The Role of Treaties in Protecting Tribes as They Adapt to Climate Change 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... 2017 Yes
Michael C. Blumm Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration 92 Washington Law Review Rev. 1 (March, 2017) Abstract: In 1970, several tribes in the Pacific Northwest, along with their federal trustee, sued the state of Washington claiming that numerous state actions violated their treaty rights, which assured them the right of taking fish in common with white settlers. The tribes and their federal trustee maintained that the treaties of the 1850s... 2017 Yes
Dr. Waseem Ahmad Qureshi Indus Waters Treaty: an Impediment to the Indian Hydro-hegemony 46 Denver Journal of International Law and Policy 45 (Fall, 2017) Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... 2017 Yes
Allison Hester Maxwell, Lewis v. Clarke, and the Trail Around Tribal Sovereign Immunity 88 University of Colorado Law Review 721 (Summer, 2017) Tribal sovereign immunity is an important tool available to American Indian tribes as they have rebuilt, restructured, and rejuvenated their communities in the era of Self-Determination following centuries of colonialism, land grabs, and cultural genocide. Sovereign immunity protects tribes by establishing a barrier to both trampling of tribal... 2017 Yes
Riley Plumer Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes in Soaring Eagle Casino and Resort v. National Labor Relations Board 35 Law & Inequality: A Journal of Theory and Practice 131 (Winter, 2017) On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute, should not apply to Indian tribes. However, by a 2-1 vote, the court held that the NLRA would... 2017 Yes
Douglas C. Harris Property and Sovereignty: an Indian Reserve and a Canadian City 50 U.B.C. Law Review 321 (June, 2017) Property rights, wrote Morris Cohen in 1927, are not about things, but about relations between the owner and other individuals in reference to things. The law of property constructs a particular set of relationships between people, and, in the case of private property, he continued, its essence is always the right to exclude. This right,... 2017 Yes
Valerie Lambert, University of North Carolina at Chapel Hill Rethinking American Indian and Non-Indian Relations in the United States and Exploring Tribal Sovereignty: Perspectives from Indian Country and from Inside the Bureau of Indian Affairs 40 PoLAR: Political and Legal Anthropology Review 278 (November, 2017) This article uses materials from field research conducted at the level of tribal homelands and at the federal level of the Bureau of Indian Affairs to rethink and reconceptualize Indian-non-Indian relations and federal-Indian relations in the United States. I document the ways Chickasaw and Choctaw tribal officials are moving beyond the deadliest... 2017 Yes
Briana Green San Manuel's Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty 6 Michigan Journal of Environmental & Administrative Law 463 (Spring, 2017) Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that... 2017 Yes
Briana Green San Manuel's Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty 6 Michigan Journal of Environmental & Administrative Law 463 (Spring, 2017) Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that... 2017 Yes
Michael I. Fiske Self-determination for Native American Sovereign Immunity & Disability Rights 10 Albany Government Law Review 271 (2017) Both Native American tribes and individuals with disabilities are historically oppressed minorities that have experienced a variety of profound social, cultural, and economic barriers. From the very beginnings of the United States, dominant societal attitudes have perceived Native Americans as being inferior and uncivilized, and commonly referred... 2017 Yes
Raymond Cross Sovereign Bargains, Indian Takings and the Preservation of Indian Country in the 21st Century 38 Public Land & Resources Law Review 15 (2017) I. Introduction. 16 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 25 B. The Giving and Taking of Indian America. 27 C. The First Era: Americanizing the European Doctrine of Discovery. 30 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 34 E. The Third Era: Judicial Indecision Regarding the... 2017 Yes
Matthew L.M. Fletcher Statutory Divestiture of Tribal Sovereignty 64-APR Federal Lawyer 38 (April, 2017) The Supreme Court's non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on tribal civil jurisdiction but perhaps also uncertainty in how to analyze divestiture of tribal sovereignty. Most scholars (including myself) have described the Court's behavior in tribal sovereign authority cases as one... 2017 Yes
Prabhash Ranjan , Pushkar Anand The 2016 Model Indian Bilateral Investment Treaty: a Critical Deconstruction 38 Northwestern Journal of International Law and Business Bus. 1 (Fall, 2017) Abstract: In the global backdrop of backlash against bilateral investment treaties (BITs) and the investor-state dispute settlement (ISDS), this paper critically studies India's new Model BIT, adopted in 2016 as a response to increasing number of ISDS claims brought against India. This paper studies the Indian Model BIT, which heralds a new era of... 2017 Yes
Joel West Williams The Five Civilized Tribes' Treaty Rights to Water Quality and Mechanisms of Enforcement 25 New York University Environmental Law Journal 269 (2017) Introduction. 270 I. The Importance of Enforceable Water Quality Rights for the Five Civilized Tribes. 271 II. Historical Background of the Five Civilized Tribes. 273 III. The Five Civilized Tribes' Water Rights. 277 A. State Water Rights. 278 B. Tribal Water Rights. 280 C. Distinguishing Features of the Five Civilized Tribes' Water Rights. 284 D.... 2017 Yes
Jonathan Gendzier The Tennessee Supreme Court and Cherokee Sovereignty: State v. Foreman and Indian Removal 25 Journal of Southern Legal History 309 (2017) . the swelling sides of the adjoining hills were then covered with habitations, and the rich level grounds beneath lying on the river, was cultivated and planted, which now exhibit a very different spectacle, humiliating indeed to the present generation, the posterity and feeble remains of the once potent and renowned Cherokees: the vestiges of the... 2017 Yes
Vicki J. Limas The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold a Trump Card? 41 American Indian Law Review 345 (2017) In each congressional term since 2007, Republican lawmakers, with some Democratic supporters, have introduced bills titled Tribal Labor Sovereignty Act. The proposed legislation would amend the National Labor Relations Act (NLRA) to explicitly exclude from coverage federally recognized Indian tribes that operate tribally owned enterprises on... 2017 Yes
Marcia Zug Traditional Problems: How Tribal Same-sex Marriage Bans Threaten Tribal Sovereignty 43 Mitchell Hamline Law Review 761 (2017) I. Introduction. 761 II. Same-Sex Marriage in Indian Country. 768 III. Tribal Sovereignty, Tradition, and Unfairness. 773 A. Interpreting Santa Clara Pueblo v. Martinez. 774 B. The Cherokee Freedmen. 777 IV. Tribal Traditions and Fairness. 783 A. Crow Dog and Tribal Justice. 784 B. Mississippi Band of Choctaw Indians v. Dollar General Corp. 787 1.... 2017 Yes
Lynne B. Xerras , Kathleen M. St. John , Holland & Knight LLP, Boston, Holland & Knight LLP, Boston Tribal Sovereign Immunity from Preference Claims 36-JUL American Bankruptcy Institute Journal 32 (July, 2017) At first glance, § 106 (a) of the U.S. Bankruptcy Code seems clear-cut and without controversy. Its provisions serve to abrogate the sovereign immunity held by a governmental unit for various aspects of a bankruptcy case, including with regard to avoidance action litigation. In turn, § 101 (27) defines governmental unit as United States;... 2017 Yes
Jenadee Nanini Tribal Sovereignty and Fintech Regulations: the Future of Co-regulating in Indian Country 1 Georgetown Law Technology Review 503 (Spring, 2017) Native American tribes possess something special--tribal sovereignty. Tribal sovereignty includes tribes' right to govern themselves, define their own membership, manage tribal property, and regulate tribal business and domestic relations. Tribal sovereignty also recognizes the existence of a government-to-government relationship between tribes... 2017 Yes
Regina Gerhardt Tribal Sovereignty and Gaming: a Proposal to Amend the National Labor Relations Act 39 Cardozo Law Review 377 (October, 2017) C1-2Table of Contents Introduction. 378 I. Legal Background. 381 A. History of Tribal Sovereignty in the United States. 381 1. Origins of Tribal Sovereignty. 382 2. Tribal Sovereignty over Strictly Commercial Matters. 387 B. Federal Laws of General Applicability. 388 C. Impact of the Gaming Industry on Tribes and the Non-Tribal Labor Force. 390... 2017 Yes
Lance F. Sorenson Tribal Sovereignty and the Recognition Power 42 American Indian Law Review 69 (2017) Scholars who criticize the Supreme Court's doctrine regarding Native American tribal sovereignty have not yet addressed a fundamental constitutional concern. The Supreme Court has appropriated the recognition power through the judicially created doctrine of implicit divestiture, by which the Court presumes that Indian tribes and nations have lost... 2017 Yes
Arielle Sloan Tribal Sovereignty and Tobacco Control in State-Tribe Cigarette Compacts 2017 Brigham Young University Law Review 1261 (2017) Compacts are powerful legal tools that states and tribes can use to negotiate agreements. One of the most interesting examples of state-tribe compacts is the cigarette compact, which is useful in combating the illicit cigarette trade. This Note argues that tribal leaders and states can more effectively reach this goal by (1) recognizing tribal... 2017 Yes
Stephen Kim Park , Tim R Samples Tribunalizing Sovereign Debt: Argentina's Experience with Investor-- State Dispute Settlement 50 Vanderbilt Journal of Transnational Law 1033 (October, 2017) The global sovereign debt market, lacking a formal bankruptcy regime or binding regulatory oversight, is fundamentally shaped by the specter of conflicts between debtors that refuse to pay and holdout creditors that refuse to settle. Never was this more evident than in Argentina's most recent sovereign debt crisis, which spurred daring, innovative,... 2017 Yes
Nadia B. Ahmad Trust or Bust: Complications with Tribal Trust Obligations and Environmental Sovereignty 41 Vermont Law Review 799 (Summer, 2017) The Native American framework for environmental protection places a sanctity on nature, which cannot be fully realized under either existing environmental protection laws or through the tribal trust obligations. In the face of these legal deficiencies, tribes and their members can consider resorting to other legal protections to assert tribal... 2017 Yes
Lauren Oppenheimer Untangling the Court's Sovereignty Doctrine to Allow for Greater Respect of Tribal Authority in Addressing Domestic Violence 76 Maryland Law Review 847 (2017) Domestic violence in Indian country has increasingly become a subject of concern for Congress over the past fifty years. While domestic violence is a systemic problem throughout the United States, Native American women experience higher rates of domestic violence than any other group. Indeed, American Indian and Alaska Native women are 2.5 times... 2017 Yes
Samuel J. Panarella A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act 35 Virginia Environmental Law Journal 153 (2017) The defining characteristic shared by all migratory birds is found in the category name--migration. More than half of the 650 species of North American breeding birds migrate. Similar to migrations undertaken by other animals--including humans--bird migrations are often fraught with peril, and depending on the species of migratory bird can be... 2017  
Matteo Godi A Historical Perspective on Filings by Foreign Sovereigns at the U.s. Supreme Court: Amici or Inimici Curiae? 42 Yale Journal of International Law 409 (Summer, 2017) Introduction. 409 I. Precedents for Foreign Sovereign Participation: 1800s. 413 A. Indirect Participation as Claimants. 414 B. First Attempts at Direct Participation as Interveners. 417 II. Direct Participation of Foreign Sovereigns: 1900s. 420 A. Rejection of Fact-Based Participation: Of Ambassadors and Private Counsels. 421 1. An American Lawyer,... 2017  
Thomas G. Bode A Modern Treaty for the Columbia River 47 Environmental Law 81 (Winter, 2017) The Columbia River supports tens of millions of people in seven states and British Columbia through power generation, water supply, fishing, flood control, transportation, and other ecosystem services. Yet the river faces a number of environmental problems that negatively impact those same people. Salmon populations have collapsed, taking with them... 2017  
Emma Hamilton A Relic of the past or the Future of Environmental Criminal Law? An Argument for a Broad Interpretation of Liability under the Migratory Bird Treaty Act 44 Ecology Law Quarterly 237 (2017) When Emily Dickinson writes, Hope is the thing with feathers that perches in the soul, she reminds us, as the birds do, of the liberation and pragmatism of belief. The Migratory Bird Treaty Act is one of our nation's oldest environmental statutes. It was passed decades before the major environmental law renaissance of the 1970s, and is lesser... 2017  
Nathan Witkin A State of the People: the Shift of Sovereignty from Territory to Citizens 27 Transnational Law & Contemporary Problems 33 (Winter 2017) Abstract: Despite its popular conception, sovereignty is not an inherently territorial system. Because exclusive zones of authority may be created only through recognition by other political powers, sovereignty is the product of mutual agreements among states. Therefore, international treaties do not merely recognize the sovereignty of their... 2017  
Nikesh Patel An Emerging Trend in International Trade: a Shift to Safeguard Against Isds Abuses and Protect Host-state Sovereignty 26 Minnesota Journal of International Law 273 (Winter, 2017) Investor-state dispute settlement (ISDS) is a legal mechanism contained in many international trade treaties that grants an investor the right to use dispute settlement proceedings to sue host governments in an international tribunal. ISDS thus functions as an instrument of public international law providing investors protection under a given... 2017  
Michael J. Lockman An Ethical Representation of Sovereign Clients in Debt Disputes 30 Georgetown Journal of Legal Ethics 73 (Winter, 2017) This Article examines the unique ethical questions that arise when representing foreign states in sovereign debt disputes. Although sovereign representation has become commonplace, no existing scholarship has attempted to study the particular ethical quandaries of foreign sovereign representation. When representing a sovereign, basic assumptions... 2017  
Paul B. Stephan Blocher, Gulati, and Coase: Making or Buying Sovereignty? 66 Duke Law Journal Online 51 (January, 2017) Blocher and Gulati's wonderful and challenging thought experiment brings to mind one of the most influential articles in legal scholarship, Ronald Coase's The Problem of Social Cost. Coase famously observed that, in the absence of transaction costs, the law's assignment of entitlements should have no effect on behavior. Whoever most values the... 2017  
Jeremy S. Goldstein Bringing Bits Back from the Brink 45 Denver Journal of International Law and Policy 365 (Spring, 2017) In 2011, the United Nations (UN), and as proposed by John Ruggie, Special Representative of the Secretary General, published the Guiding Principles on Business and Human Rights (UNGP's), with the objective of enhancing standards and practices with regard to business and human rights. The UNGP's offer guidance and recommendations to states and... 2017  
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