AuthorTitleCitationSummaryYearKey Terms
Joseph William Singer The Indian States of America: Parallel Universes & Overlapping Sovereignty 38 American Indian Law Review Rev. 1 (2013-2014) We live in the United States of America. Or do we? Look at a typical map of the United States. It shows the external borders of the country and, of course, the states, which are pretty important in our political system, as the meeting of the Electoral College following the 2012 popular election reminded us. This is the map most of us grew up with.... 2014 Yes
Purabi Bose , Bernd van der Meulen The Law to End Hunger Now: Food Sovereignty and Genetically Modified Crops in Tribal India--a Socio-legal Analysis 118 Penn State Law Review 893 (Spring 2014) This Article takes a socio-legal approach to analyze tribal India's current scenario related to genetically modified (GM) crops. The policies for GM crops play a critical role in India. The Article examines two recent legal frameworks: (a) the Biotechnology Regulatory Authority of India Bill, 2013, and (b) the Indian National Food Security Act,... 2014 Yes
Caitlin O'Leary The New Ice Age: the Dawn of Arctic Shipping and Canada's Fight for Sovereignty over the Northwest Passage 46 University of Miami Inter-American Law Review 117 (Fall 2014) I. Introduction II. Canada's Claim to the Northwest Passage. 119 III. Applicable Law. 120 a. The United Nations Convention on the Law and Sea. 120 b. Arctic Council. 123 c. 1988 Cooperation Agreement. 124 IV. Russia's Arctic Example. 125 V. Why Canada Needs to Take Control. 127 a. Benefits of Arctic Shipping. 127 b. Environmental Risks. 128 c.... 2014  
M. Gatsby Miller The Shrinking Sovereign: Tribal Adjudicatory Jurisdiction over Nonmembers in Civil Cases 114 Columbia Law Review 1825 (November, 2014) Tribal jurisdiction over nonmembers is limited to two narrow areas: consensual economic relationships between tribes and nonmembers, and nonmember activity that threatens tribal integrity. Even within these two narrow fields, the Supreme Court has stated that tribal adjudicatory power over nonmembers--the authority to decide legal rights of... 2014 Yes
Aram A. Gavoor The Sovereign Citizen: Denaturalization and the Origins of the American Republic by Patrick Weil University of Pennsylvania Press, Philadelphia, Pa, 2013. 285 Pages, $34.95 61-NOV Federal Lawyer 82 (October/November, 2014) United States citizens should feel comfortable in their status as citizens. In The Sovereign Citizen, Patrick Weil shows how citizenship used to be provisional, qualified, and insecure, but now is unconditionally guaranteed. With the Supreme Court's decision in Afroyim v. Rusk, 387 U.S. 253 (1967), the concept of the sovereign citizen became... 2014  
Diane P. Wood The Structure of Sovereignty 18 Lewis & Clark Law Review 215 (2014) The concept of sovereignty is ubiquitous, but its complexities are often under-explored. A nuanced understanding of sovereignty is critical to answering the most fundamental questions of legal legitimacy. To truly understand what sovereignty is and the centrality of its role in legal systems, one must also examine the corollary doctrine of... 2014  
John G. Horn , Partner in Charge, Buffalo Office, Harter Secrest & Emery LLP To Whom Does Tribal Sovereign Immunity Apply? 2014 Aspatore 2326367 (April, 2014) It is well established that tribal sovereign immunity can protect sovereign Indian nations from being drawn into lawsuits against their will. But the doctrine also can serve as an important shield from other potential degradations of tribal sovereignty, such as compliance with non-party subpoenas seeking records or testimony relating to tribal... 2014 Yes
Janna Promislow Treaties in History and Law 47 U.B.C. Law Review 1085 (October, 2014) Treaties between the Crown and Indigenous peoples are, according to Canadian jurisprudence, historical phenomena. To identify particular treaty rights, the jurisprudence requires us to look for a historical moment of common intention. The primary constitutional significance of the treaty also emanates from this moment. The legal problem is... 2014  
Jeanette Wolfley Tribal Environmental Programs: Providing Meaningful Involvement and Fair Treatment 29 Journal of Environmental Law & Litigation 389 (2014) Introduction. 390 I. Background of Tribal Environmental Authority. 393 II. Policies Supporting Meaningful Involvement and Fair Treatment. 399 A. Providing Good Governance. 400 B. Respecting the Interests of Community Members. 402 C. Protecting and Promoting Tribal Sovereignty. 405 III. Defining Meaningful Involvement and Fair Treatment . 409 A.... 2014 Yes
Gregory S. Arnold Tribal Law and Order Act and Violence Against Women Act: Enhanced Recognition of Inherent Tribal Sovereignty Creates Greater Need for Criminal Defense Counsel in Indian Country 61-FEB Federal Lawyer Law. 4 (January/February, 2014) Starting with the Indian Civil Rights Act of 1968 (the ICRA), Native American Indian tribes were limited in sentencing Indian criminal defendants to a maximum of only six months in jail and / or a $500 fine, including murder and other violent felonies, and had no criminal authority over non-Indians. This was first strengthened by amendment in... 2014 Yes
Gregory C. Sisk Twilight for the Strict Construction of Waivers of Federal Sovereign Immunity 92 North Carolina Law Review 1245 (May, 2014) The government of the United States has long benefited from two canons of statutory construction that tip the scales of justice heavily in its direction in civil litigation by those seeking redress of harm by that government: First, the federal government's consent to suit must be expressed through unequivocal statutory text. Second, even when a... 2014  
William Barquin U.s. Supreme Court Upholds Tribal Sovereign Immunity, Again 57-OCT Advocate 38 (October, 2014) In May, the United States Supreme Court affirmed the doctrine of tribal sovereign immunity in State of Michigan v. Bay Mills Indian Community. The Supreme Court held that a state could not bring a suit against a tribe to shut down a casino located on disputed Indian lands. The Supreme Court upheld tribal sovereign immunity and reaffirmed that only... 2014 Yes
Abigail B. Molitor Understanding Equal Sovereignty 81 University of Chicago Law Review 1839 (Fall 2014) Not only do States retain sovereignty under the Constitution, there is also a fundamental principle of equal sovereignty among the States. Shelby County v Holder [Equal sovereignty] is a principle of constitutional law of which I had never heard--for the excellent reason that . . . there is no such principle. Judge Richard Posner The Supreme... 2014  
Marc Morris United in Diversity, Divided by Sovereignty: Hybrid Financing, Thin Capitalization, and Tax Coordination in the European Union 31 Arizona Journal of International and Comparative Law 761 (Fall, 2014) C1-2Table of Contents I. Introduction. 762 II. History of the Economic Union. 765 A. The Marshall Plan. 766 B. The Treaty of Paris and the ECSC. 767 C. The Treaty of Rome and the Four Freedoms. 768 D. Eurosclerosis & Increasing Global Competition. 770 E. The Single Market and the EC. 771 F. The E.U. Emerges. 772 III. Merging Governments and... 2014  
Ryan Greenwood War and Sovereignty in Medieval Roman Law 32 Law and History Review 31 (February, 2014) The theory of just war in medieval canon law and theology has attracted to it a large body of scholarship, and is recognized as an important foundation for Western approaches to the study of ethics in war. By contrast, the tradition on war in medieval Roman law has not received much attention, although it developed doctrines that are distinct from... 2014  
Sean Clark, James McGuire, Jessica Blue-Howells What Can Family Courts Learn from Veterans Treatment Courts? 52 Family Court Review 417 (July, 2014) While there is considerable awareness of Servicemembers and veterans in contact with the criminal justice system, it is unclear to what extent they, and their readjustment issues, have surfaced in family courts across the country. Veterans Treatment Courts (VTCs) routinely encounter veteran defendants' family issues that could be addressed in a... 2014  
David A. Koplow What Would Zero Look Like? A Treaty for the Abolition of Nuclear Weapons 45 Georgetown Journal of International Law 683 (2014) Nuclear disarmament--the comprehensive, universal, and permanent abolition of all nuclear weapons, pursuant to a verifiable, legally binding international agreement--has long been one of the most ambitious, controversial, and urgent items on the agenda for arms control. To date, however, most of the discussion of getting to zero has highlighted... 2014  
Josephine (Jo) R. Potuto , William H. Lyons , Kevin N. Rask What's in a Name? The Collegiate Mark, the Collegiate Model, and the Treatment of Student-athletes 92 Oregon Law Review 879 (2014) Introduction 881 I. Amateurism. 887 A. Amateurism Redux. 887 B. Amateurism on Campus and the NCAA. 889 II. Athletic Spending and Student-Athlete Benefits. 894 A. The Campus. 895 B. The Big Money and Where It Goes. 899 C. The NCAA and Student-Athletes. 903 III. NCAA Amateurism Bylaws. 904 A. Student-Athletes. 904 B. NCAA, Conferences, and... 2014  
Heather Monasky What's Law Got to Do with It?: an Overview of Cedaw's Treatment of Violence Against Women and Girls Through Case Studies 2014 Michigan State Law Review 327 (2014) C1-2Table of Contents Introduction. 327 I. History of CEDAW and VAWG. 330 A. General Overview. 330 B. Evolution of VAWG and CEDAW. 331 C. The Optional Protocol to CEDAW. 335 D. Due Diligence. 335 II. Women's Movements' Strategic Use of CEDAW. 336 III. Case Studies Using CEDAW to Address VAWG. 339 A. The Missing and Murdered Aboriginal Women in... 2014  
George K. Foster When Commercial Meets Sovereign: a New Paradigm for Applying the Foreign Sovereign Immunities Act in Crossover Cases 52 Houston Law Review 361 (Fall 2014) Lawsuits against foreign states in American courts can be a vital avenue for vindicating the plaintiffs' rights or enforcing U.S. law, but inherently raise foreign relations risks. Congress and the Executive Branch attempted to balance these considerations when adopting the Foreign Sovereign Immunities Act (FSIA), which creates a general rule that... 2014  
Ruqaiijah Yearby When Is a Change Going to Come?: Separate and Unequal Treatment in Health Care Fifty Years after Title Vi of the Civil Rights Act of 1964 67 SMU Law Review 287 (Spring 2014) Our urgent responsibility is to assure adequate health care to all Americans I think that none would deny that consideration of race or color has no place with regard to the ailing body or the healing hand. --Anthony J. Celebrezze, Secretary of Health, Education, and Welfare (March 9, 1964) ON June 19, 1963, when the Civil Rights Act was first... 2014  
Stacy L. Leeds , Erin S. Shirl Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization 46 Arizona State Law Journal 89 (Spring 2014) This Article is adapted from a speech given by Stacy Leeds at the Sixth Annual Canby Lecture Series held at Arizona State University's Sandra Day O'Connor College of Law. Stacy Leeds is the Dean of the University of Arkansas Law School, which recently launched a new Indigenous Food and Agriculture Initiative to complement their long-standing LL.M.... 2014 Yes
Colin P.A. Jones Will the Child Abduction Treaty Become More "Asian"? A First Look at the Efforts of Singapore and Japan to Implement the Hague Convention 42 Denver Journal of International Law and Policy 287 (Winter/Spring-2014) The Hague Convention on the Civil Aspects of International Child Abduction (the Convention) provides a mechanism for locating and returning children wrongfully removed from or retained outside of their jurisdiction of habitual residence, a problem that most commonly arises in the breakdown of an international marriage. The Convention seeks to... 2014 Yes
Meena Miriam Yust Wings Without Borders: the Case for a Migratory Insect Treaty to Aid Monarch Butterflies 46 Case Western Reserve Journal of International Law 711 (Spring, 2014) For hundreds of years, migratory birds have been protected through treaties, yet that same protection has not been afforded to migratory butterflies. Monarch butterflies in particular are known for migrating over 3,000 miles through multiple generations from Mexico to the U.S. and Canada. Their population has been declining significantly over the... 2014  
Hope M. Babcock [This] I Know from My Grandfather: the Battle for Admissibility of Indigenous Oral History as Proof of Tribal Land Claims 37 American Indian Law Review 19 (2012-2013) A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing.... 2013 Yes
Gabriel J. Chin A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence 3 UC Irvine Law Review 965 (December, 2013) Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory... 2013  
Benjamin A. Kahn A Pl Native Sovereignty Through Statehood and Political Participation 53 Natural Resources Journal J. 1 (Spring 2013) This article addresses the efforts of American Indians and the Maori in New Zealand to resolve natural resource disputes and preserve sovereignty through statehood movements and other forms of political participation. This is the third installment in a series published by Stanford University and the University of California Davis on the efforts of... 2013 Yes
Ishai Mooreville A Question of Sovereignty: the History Behind Attorney General Bradford's 1795 Opinion on the Alien Tort Statute 40 Syracuse Journal of International Law and Commerce 217 (Spring 2013) I. INTRODUCTION. 218 II. THE ATTACK ON SIERRA LEONE. 225 A. Background on Sierra Leone. 225 B. The Account of Zachary Macaulay. 227 C. The Account of Adam Afzeilus. 230 III. REVISITING THE BRADFORD OPINION. 232 A. Attacks on Land and the High Seas. 232 B. What Was Left Out of the 1794 Memorial. 233 C. The Bradford Opinion in Historical Context. 234... 2013  
Scott McKenzie A River Runs Through It: the Future of the Columbia River Treaty, Water Rights, Development, and Climate Change 29 Georgia State University Law Review 921 (Summer, 2013) C1-3Table of Contents L1-2Introduction . L3922 I. Physical And Political History Of The Columbia River Basin And Treaty. 923 A. Early History Of The River And Basin. 924 B. The Columbia River Treaty: Creation, Management, And Impacts. 928 II. Governance Issues: Theoretical And Practical. 932 A. Western Water Law And Development. 933 B. Competing... 2013  
Paul Shugar A Troubled Agreement for Troubled Waters: How an Amended Boundary Waters Treaty Can Solve the Great Lakes Agreement's Fatal Flaws 3 Global Business Law Review 251 (Spring, 2013) Great Lakes water fuels $4.2 trillion of gross-domestic product (GDP), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world's largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources... 2013  
Alex Shepard Acta on Life Support: Why the Anti-counterfeiting Trade Agreement Is Failing and How Future Intellectual Property Treaties Might Avoid a Similar Fate 12 Washington University Global Studies Law Review 673 (2013) The Anti-Counterfeiting Trade Agreement (ACTA or Agreement) is an international intellectual property treaty that provides for new international minimum standards for criminal and civil enforcement of intellectual property rights. The categories of subject matter protected by the agreement are borrowed from the Agreement on Trade-Related... 2013  
BJ Jones , Christopher J. Ironroad Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: a Tribal Sovereignty Approach 89 North Dakota Law Review 53 (2013) Native Americans in the Dakotas can receive criminal sentences in federal courts that are harsher than sentences meted out for similar conduct in state courts. The reason for this is the historical role the federal government has played in determining justice issues in tribal communities. Although the federal government oftentimes sought tribal... 2013 Yes
Sammy Suhail Nabulsi Administrative Law--united States Entitled to Sovereign Immunity under the Foreign Intelligence Surveillance Act's Civil-liability Provision, Section 1810--al-haramain Islamic Foundation, Inc. v. Obama, 705 F.3d 845 (9th Cir. 2012) 18 Suffolk Journal of Trial and Appellate Advocacy 332 (2013) Under well-established common law of the United States, the nation is immune from being held liable by suit from any party therein or foreign to the United States under the principle of sovereign immunity. However, the Supreme Court of the United States has carved out an important exception to this broad protection, providing that where the... 2013  
Dr. Uche Ewelukwa Ofodile Africa-china Bilateral Investment Treaties: a Critique 35 Michigan Journal of International Law 131 (Fall 2013) The purpose of this Article is to draw attention to, raise questions about, and generate discussions regarding the emerging norms, legal context, and long-term development-implications of South-South foreign direct investment (FDI) and South-South bilateral investment treaties (BIT). This Article seeks to refocus the discourse about FDI and... 2013  
Michelle Poncetta Against Licensing Non-invasive Complementary and Alternative Treatments: an Ineffective and Harmful Measure for Consumer Protection 11 Georgetown Journal of Law and Public Policy 661 (Summer, 2013) Recent decades have seen a rise in the use and acceptance of complementary and alternative medicine (CAM), both by medical practitioners and consumers of health care services. In 2008, the National Center for Complementary and Alternative Medicine (NCCAM) published findings from a National Health Interview Survey showing that nearly 40% of adult... 2013  
Maria A. Lanahan Amongst the "Waives": Whether Sovereign Immunity for Contractual Damages Is Waived under the Public Vessels Act or the Suits in Admiralty Act 80 University of Chicago Law Review 895 (Spring 2013) The MV Orient, a newly refurbished fishing vessel, set out from California on its maiden voyage on December 1, 1969. The Orient, owned by Continental Tuna, was bound for the Philippines. Its owners, 99.5 percent of whom were Americans, hoped to do business in Philippine waters. Thus, Continental Tuna incorporated under Philippine law. Several... 2013  
  Argentina-russia Tax Treaty Enters into Force 24 Journal of International Taxation 05 (January, 2013) On October 15, 2012, the government of the Russian Federation notified the Argentine government that it had fulfilled the domestic requirements for the entry into force of the Convention for the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital and related Protocol (Convention). Thus, the Convention signed in Buenos... 2013  
Gerald Mueller Book Review: History of a Treaty and the Mighty Columbia 56-JUL Advocate 61 (June/July, 2013) In 1941, under contract to the Bonneville Power Administration, America's greatest folk singer/song writer Woody Guthrie wrote these words: And on up the river is Grand Coulee Dam The mightiest thing ever built by a man To run the great factories and water the land So roll on, Columbia, roll on. This perspective is in stark contrast to the... 2013  
Bill Piatt , Rachel Ambler Border Wars & the New Texas Navy: International Treaties, Waterways, and State Sovereignty after Arizona v. United States 15 Scholar: St. Mary's Law Review on Race and Social Justice 535 (Symposium 2013) Texas has yet to learn submission to any oppression, come from what source it may. -- Sam Houston I. Introduction. 536 II. Bullets Across the Border. 536 III. Historical Perspective. 540 A. Republic to State. 540 B. U.S.-Mexico Border Treaties. 541 C. The U.S.-Texas Border with Mexico Today. 542 IV. Texas Armed Forces. 545 A. Texas Military... 2013  
Bill Piatt , Rachel Ambler Border Wars & the New Texas Navy: International Treaties, Waterways, and State Sovereignty after Arizona v. United States 15 Scholar: St. Mary's Law Review on Race and Social Justice 535 (Symposium 2013) Texas has yet to learn submission to any oppression, come from what source it may. -- Sam Houston I. Introduction. 536 II. Bullets Across the Border. 536 III. Historical Perspective. 540 A. Republic to State. 540 B. U.S.-Mexico Border Treaties. 541 C. The U.S.-Texas Border with Mexico Today. 542 IV. Texas Armed Forces. 545 A. Texas Military... 2013  
  Chapter 1 the Use of Force Between States Before 1815 - the Sovereign Right to Use War 19 IUS Gentium Gentium 1 (2013) The work of early legal scholars between the sixteenth and eighteenth centuries provides a valuable understanding of the rise of the sovereign state and its development of a system of law to regulate international relations (described by these scholars as the Law of Nations' and which became known generally as Public International Law or... 2013  
Anthea Roberts Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System 107 American Journal of International Law 45 (January, 2013) When the skin of an Australian platypus was first taken to England in the 1700s, scientists thought it was a fake. It looked like someone had sewn a duck's bill onto a beaver's body; one scientist even took a pair of scissors to the skin looking for stitches. The animal had fur and was warm-blooded like a mammal, yet laid eggs and had webbed feet... 2013  
Rebecca Tsosie Climate Change and Indigenous Peoples: Comparative Models of Sovereignty 26 Tulane Environmental Law Journal 239 (Summer 2013) I. Understanding Indigenous Rights: The Domains of Political and Cultural Sovereignty. 241 II. The Framework for Climate Justice Within Domestic U.S. Law. 246 III. International Law and Climate Justice. 250 IV. Indigenous Peoples and Environmental Self-Determination. 253 V. Conclusion. 256 2013  
Tony Penikett , Adam Goldenberg Closing the Citizenship Gap in Canada's North: Indigenous Rights, Arctic Sovereignty, and Devolution in Nunavut 22 Michigan State International Law Review 23 (2013) When Canada signed the Nunavut Land Claims Agreement in 1993, it committed to create a new territory, Nunavut, as an Inuit homeland in the Canadian Eastern Arctic. Parliament fulfilled this promise with the passage of the Nunavut Act, and the new territory came into existence on April 1, 1999. Still, the Government of Nunavut remains a creature of... 2013  
Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas, Jacob Victor Consent-based Humanitarian Intervention: Giving Sovereign Responsibility Back to the Sovereign 46 Cornell International Law Journal 499 (Fall, 2013) The repeated failure of the United Nations Charter regime to respond to humanitarian crises--and to prevent interventions outside the regime--has laid bare a conflict that lies at the heart of modern international law. This failure has revealed that the twin commitments on which the post-World War II international legal system has been built--... 2013  
Jesse Oppenheim Danger at 700,000 Feet: Why the United States Needs to Develop a Kinetic Anti-satellite Missile Technology Test-ban Treaty 38 Brooklyn Journal of International Law 761 (2013) The second best thing about space travel is that the distances involved make war very difficult, usually impractical, and almost always unnecessary .. [This] is a great boon to the intelligent man who fights only when he must-- never for sport. Robert A. Heinlein, Time Enough For Love, 1973. Two things inspire me to awe--the starry heavens above... 2013  
Kimberly M. Baker Decision Making in a Hybrid Organization: a Case Study of a Southwestern Drug Court Treatment Program 38 Law and Social Inquiry 27 (Winter, 2013) This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous... 2013  
Thomas E. Robins Defusing Hydroelectric Brinkmanship: the Indus Waters Treaty's Alternate Dispute Resolution Provisions and Their Role in the Tenuous Peace Between India and Pakistan 5 Yearbook on Arbitration and Mediation 389 (2013) For saber-rattlers on both sides of the Kashmiri border, water rights have become part and parcel to the narrative of Indo-Pakistani tensions. Beginning with partition in 1947, three full-blown wars, numerous undeclared conflicts, and an active insurgency have led to hundreds of thousands of causalities in the ongoing dispute between India and... 2013  
Mckay Cunningham Diminishing Sovereignty: How European Privacy Law Became International Norm 11 Santa Clara Journal of International Law 421 (2013) I. Information and the Internet. 423 II. Privacy in Europe. 428 A. A Fundamental Right. 428 B. The European Union Directive. 430 1. Processing Personal Information. 431 2. Data Transfers. 432 3. Enabling Transfers That Conform. 435 4. Safe Harbor: The American Exception. 436 5. Safe Harbor: Compromise and Criticism. 438 C. International Trend. 440... 2013  
John C. Balzano Direct Effect Jurisdiction under the Foreign Sovereign Immunities Act: Searching for an Integrated Approach 24 Duke Journal of Comparative & International Law L. 1 (Fall 2013) Recent decisions by the United States Supreme Court as to the international reach of American antitrust and securities statutes have engendered significant debate about the appropriate extraterritorial application of federal law. Such debates have also slowly come to include some mention of the right application of state law beyond U.S. boundaries... 2013  
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