| Author | Title | Citation | Summary | Year | Key Terms |
| Miia Halme-Tuomisaari |
TOWARD REJUVENATED INSPIRATION WITH THE UNBEARABLE LIGHTNESS OF ANTHROPOLOGY |
115 AJIL Unbound 283 (2021) |
How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent... |
2021 |
Yes |
| Katherine Florey |
TOWARD TRIBAL REGULATORY SOVEREIGNTY IN THE WAKE OF THE COVID-19 PANDEMIC |
63 Arizona Law Review 399 (Summer, 2021) |
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country--and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has... |
2021 |
Yes |
| Kimberly Chen |
TOWARD TRIBAL SOVEREIGNTY: ENVIRONMENTAL REGULATION IN OKLAHOMA AFTER MCGIRT |
121 Columbia Law Review Forum 95 (June 1, 2021) |
In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation's reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained Indian country under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of... |
2021 |
Yes |
| H. David Rosenbloom , Fadi Shaheen |
TREATY OVERRIDE: THE FALSE CONFLICT BETWEEN WHITNEY AND COOK |
24 Florida Tax Review 375 (2021) |
This Article explores the conditions under which a U.S. statute overrides an earlier self-executing treaty. Focusing on the often blurred distinction between three types of statute-treaty relationships--reconcilable inconsistencies, textual repugnancies, and conflicts--the Article concludes that, contrary to a common view, there is no contradiction... |
2021 |
Yes |
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
Yes |
| |
TRIBAL POWER, WORKER POWER: ORGANIZING UNIONS IN THE CONTEXT OF NATIVE SOVEREIGNTY |
134 Harvard Law Review 1162 (January, 2021) |
Since 1990, employees of businesses owned and operated by Native nations have increasingly sought to amplify their voices in the workplace through union representation. Many of these (primarily non-Native ) workers have invoked the protections of the National Labor Relations Act (NLRA). The protections of federal labor law have been crucial to... |
2021 |
Yes |
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
Yes |
| |
TRIBES CAN PROHIBIT ABORTIONS IN INDIAN COUNTRY |
134 Harvard Law Review 1477 (February, 2021) |
The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights .. --Worcester v. Georgia That articulation of retained sovereignty by Chief Justice Marshall later crystallized into the rule that the Bill of Rights does not apply to tribal governments. As early as 1896, in Talton... |
2021 |
Yes |
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
Yes |
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
Yes |
| Kevin J. Fandl |
UP IN SMOKE: INTERNATIONAL TREATY OBLIGATIONS AND MARIJUANA REFORM IN THE UNITED STATES |
58 American Business Law Journal 163 (Spring, 2021) |
As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent--are these state efforts placing the United States in violation of its international treaty obligations? This article attempts... |
2021 |
Yes |
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
Yes |
| Amit Khardori |
WHAT DOES THE STATE OWE TO ITS PEOPLE? TOWARD A "RESPONSIBILITY TO DEVELOP" |
46 Brigham Young University Law Review 1027 (2021) |
I. Introduction: Mapping the Origins and Potential Future of Development. 1028 II. Sovereignty: The Evolution of International and Domestic Legitimacy of the State (OR) How Absolute Territorial Sovereignty Was Never Really a Thing. 1030 A. The Enlightenment Era. 1030 1. Individual rights at the inception of the state. 1030 2. Popular sovereignty:... |
2021 |
Yes |
| Jordan Ramharter |
A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty |
72 Maine Law Review 379 (2020) |
I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School... |
2020 |
Yes |
| Christopher Mark Macneill |
A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims |
35 Journal of Environmental Law & Litigation 227 (2020) |
Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... |
2020 |
Yes |
| Amit Kumar Sinha |
An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties |
45 Brooklyn Journal of International Law 679 (2020) |
Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... |
2020 |
Yes |
| Sabina Veneziano |
An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes |
55 University of San Francisco Law Review 31 (2020) |
TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... |
2020 |
Yes |
| Monte Mills |
Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights |
50 Environmental Law 387 (Spring, 2020) |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... |
2020 |
Yes |
| Christopher R. Rossi |
Blood, Water, and the Indus Waters Treaty |
29 Minnesota Journal of International Law 103 (Summer, 2020) |
The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... |
2020 |
Yes |
| Kate Ricart |
Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty |
44 American Indian Law Review 369 (2020) |
Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... |
2020 |
Yes |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... |
2020 |
Yes |
| Gerald Torres |
Decolonization: Treaties, Resource Use, and Environmental Conservation |
91 University of Colorado Law Review 709 (Spring, 2020) |
Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... |
2020 |
Yes |
| Stephen E. Henderson, Dean A. Strang |
Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility |
18 Ohio State Journal of Criminal Law 365 (Fall, 2020) |
The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... |
2020 |
Yes |
| Jeffrey B. Litwak |
How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? |
50 Environmental Law 447 (Spring, 2020) |
Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... |
2020 |
Yes |
| Priyasha Saksena |
Jousting over Jurisdiction: Sovereignty and International Law in Late Nineteenth-century South Asia |
38 Law and History Review 409 (May, 2020) |
In 1879, the government of India passed the Elephant Preservation Act mandating that individuals acquire a government-issued licence to engage in the capture of wild elephants. A year later, it promulgated a set of rules to make the British Indian legislation applicable to an area that included Keonjhar, one of the 600 or so princely states that; Search Snippet: ...requiring a licence issued by a British Indian authority. British Indian legislation, he contended, did not apply to the princely states... |
2020 |
Yes |
| Zak Leonard |
Law of Nations Theory and the Native Sovereignty Debates in Colonial India |
38 Law and History Review 373 (May, 2020) |
Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited; Search Snippet: ...Review May, 2020 Article LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA Zak Leonard [FNa1] Copyright © 2019 by... |
2020 |
Yes |
| Justin W. Aimonetti |
Magic Words and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity |
2020 Pepperdine Law Review Rev. 1 (2020) |
There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to; Search Snippet: ...authority to abrogate tribal immunity. To put it differently, the Indian plenary power doctrine is premised on the absolute sovereignty of the United States over the Indian tribes, inclusive of the power to abrogate tribal immunity. [FN17] As... |
2020 |
Yes |
| Sadie Normoyle |
Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate |
10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) |
Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... |
2020 |
Yes |
| Tiyanjana Maluwa |
Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties |
41 Michigan Journal of International Law 327 (2020) |
The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... |
2020 |
Yes |
| Michael Doran |
Redefining Tribal Sovereignty for the Era of Fundamental Rights |
95 Indiana Law Journal 87 (Winter, 2020) |
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture... |
2020 |
Yes |
| Michael Bevilacqua |
Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity |
61 Boston College Law Review E-Supplement II.-156 (April 6, 2020) |
On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to... |
2020 |
Yes |
| Brent D. Chicken, Amanda J. Dick |
Sovereign Lands |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020) |
C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and... |
2020 |
Yes |
| Samuel Lazerwitz |
Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers |
72 Stanford Law Review 1041 (April, 2020) |
Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and... |
2020 |
Yes |
| Pippa Browde |
Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion |
20 Nevada Law Journal 651 (Spring, 2020) |
This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant... |
2020 |
Yes |
| Nicolas M. Traut |
Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test |
48 Capital University Law Review 403 (Fall, 2020) |
Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J... |
2020 |
Yes |
| Charles Wilkinson |
The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law |
50 Environmental Law 331 (Spring, 2020) |
Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of... |
2020 |
Yes |
| Sonia E. Rolland |
The Impact of Trade and Investment Treaties on Fiscal Resources and Taxation in Developing Countries |
21 Chicago Journal of International Law 48 (Summer, 2020) |
Developing countries need fiscal revenue to build their infrastructure, achieve energy security and environmental sustainability, and provide social services necessary for human development. While trade and investment treaties have typically been assumed to be tax revenue-neutral, economic studies demonstrate that such is not, in fact, the case; Search Snippet: ...81, at art. 9.12. . Model Text for the Indian Bilateral Investment Treaty, art. 11(iii) (Gov. of India, Ministry of Fin. Dep't... |
2020 |
Yes |
| Brian Richardson |
The Imperial Treaty Power |
168 University of Pennsylvania Law Review 931 (March, 2020) |
The modern debate over the scope of the federal government's treaty-making power is largely framed by motivated histories written at the turn of the last century. These histories, by and large, gave a legal imprimatur to the acquisition of the insular possessions and the exercise of colonial government over them. A principal contribution of these; Search Snippet: ...federal Indian law during this period. See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv. L. Rev... |
2020 |
Yes |
| Robin Kundis Craig |
The New United Nations High Seas Treaty: a Primer |
34-SPG Natural Resources & Environment 48 (Spring, 2020) |
The world is gearing up to protect biodiversity in the open ocean. Whether the United States will participate remains an open question. On November 27, 2019, the United Nations released the latest draft of its proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological; Search Snippet: ...being negotiated). Although the exact language of many of the treaty's core principles is still being negotiated, the parties have settled... |
2020 |
Yes |
| Kaylee Kilolani Michiko Correa |
The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale |
17 Indiana Health Law Review 257 (2020) |
The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...one of several Hawaiian rights advocacy approaches circling around the Native Hawaiian community [FN22] -- indigenous peoples rights, decolonization, and sovereignty are the three other main theories. [FN23] Federal recognition grants... |
2020 |
Yes |
| Camila Bustos |
The Third Space of Puerto Rican Sovereignty: Reimagining Self-determination Beyond State Sovereignty |
32 Yale Journal of Law & Feminism 73 (2020) |
The relationship between Puerto Rico and the United States has long been a story of empire and colonization. From the island's annexation to today, Puerto Ricans have struggled for their right to self-determination. The fiscal control board, housing crisis, austerity measures, Hurricane Maria, and the recent resignation of former governor; Search Snippet: ...against it constitute a conflict over boundaries. The resistance of indigenous people to this process creates what Bruyneel calls the third space of sovereignty , which resides neither simply inside nor outside the American political... |
2020 |
Yes |
| Joseph Blocher, Mitu Gulati |
Transferable Sovereignty: Lessons from the History of the Congo Free State |
69 Duke Law Journal 1219 (March, 2020) |
In November 1908, the international community tried to buy its way out of the century's first recognized humanitarian crisis: King Leopold II's exploitation and abuse of the Congo Free State. And although the oppression of Leopold's reign is by now well recognized, little attention has been paid to the mechanism that ended it--a purchased transfer; Search Snippet: ...labor- based theory to help justify the partial displacement of Native American claims to both property and sovereignty. [FN63] These same themes of property and sovereignty are intertwined... |
2020 |
Yes |
| |
United States-muscogee (Creek) Nation Treaty-- Federal Indian Law-- Disestablishment of Indian Reservations-- Mcgirt V. Oklahoma |
134 Harvard Law Review 600 (November, 2020) |
On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one; Search Snippet: ...Case Federal Statutes and Treaties UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS -- MCGIRT v. OKLAHOMA Copyright © 2020 by The Harvard Law... |
2020 |
Yes |
| Rebecca M. Kysar |
Unraveling the Tax Treaty |
104 Minnesota Law Review 1755 (April, 2020) |
Introduction. 1756 I. Background of the International Tax and Treaty System. 1759 A. The Roots of the International Tax System. 1760 B. Purposes and Features of Tax Treaties. 1763 C. The Domestic Rules on International Taxation. 1767 1. Worldwide v. Territorial. 1767 2. The U.S. Rules Preand Post-2017. 1768 II. Discarding Purported Purposes of Tax; Search Snippet: ...challenges for tax treaties. In the past few years, the Indian Equalization Levy, the UK Diverted Profits Tax, the Australian Diverted... |
2020 |
Yes |
| Amanda Rogerson, Michael Lopez |
Upholding Tribal Treaties with the Clean Water Act |
35-SUM Natural Resources & Environment 52 (Summer, 2020) |
During the nineteenth century, numerous tribal nations in the Pacific and Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain; Search Snippet: ...Inland Northwest signed treaties with the United States. Through these treaties, Pacific and Inland Northwest tribes ceded millions of acres of the land they had called home for millennia. These tribes also reserved to themselves, through these treaties, however, certain rights vital to their way of life, including... |
2020 |
Yes |
| Bart T. Stupak , Justin Nemeroff |
2015 Acknowledgement Regula Native American Treaties |
98-AUG Michigan Bar Journal 22 (August, 2019) |
Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83. The Part 83 process... |
2019 |
Yes |
| |
Marijuana Legalization in the United States: State v. Tribal Sovereignty |
52 Criminal Law Bulletin ART 5 |
Angela graduated with a J.D. from the University of Massachusetts School of Law in May 2016. Special thanks to Professors Kevin Connelly and Spencer Clough for their guidance and patience, and a very special thank you to Alex White Plume for inspiring this research. |
2019 |
Yes |
| Sean P. Belding |
Monetizing Tribal and State Sovereign Immunity in Patent Law: an Attempt to Neutralize the Patent Death Squad |
26 Journal of Intellectual Property Law L. 1 (Spring, 2019) |
On September 8, 2017, Allergan announced the assignment of six of its patents to the St. Regis Mohawk Tribe. These six patents protected Allergan's exclusivity over the blockbuster drug RESTASIS and were at risk of invalidity due to an inter partes review proceeding. In return for substantial monetary consideration, the Mohawk Tribe granted... |
2019 |
Yes |
| Ridge Howell |
Overlooking Canon: How the Alabama Supreme Court Used a Footnote to Disregard Tribal Sovereign Immunity in Wilkes v. Pci Gaming Authority |
43 American Indian Law Review 437 (2019) |
The Poarch Band of Creek Indians--unsuccessfully--petitioned for a writ of certiorari to the Supreme Court following an Alabama Supreme Court decision against it. In Wilkes v. PCI Gaming Authority, a decision proving disastrous for tribes across the country, the Alabama high court rejected the time-honored doctrine of tribal sovereign immunity. The... |
2019 |
Yes |
| John Mixon |
Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review |
93 Saint John's Law Review 233 (2019) |
From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... |
2019 |
Yes |