| Author | Title | Citation | Summary | Year | Key Terms |
| Zachary S. Price |
Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction |
113 Columbia Law Review 657 (April, 2013) |
In both federal Indian law and the law regarding United States territories, the Supreme Court in recent decades has shown increasing skepticism about previously tolerated elements of constitutionally unregulated local governmental authority. This Article proposes a framework for resolving constitutional questions raised by the Court's recent cases... |
2013 |
Yes |
| Andrew G. Ogden |
Dying for a Solution: Incidental Taking under the Migratory Bird Treaty Act |
38 William and Mary Environmental Law and Policy Review Rev. 1 (Fall, 2013) |
The almost century-old Migratory Bird Treaty Act (MBTA) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy... |
2013 |
|
| Mark D. Kielsgard |
Evolving Human Rights Methodology: Have Incursions into State Sovereignty Gone Too Far? |
22 Tulane Journal of International and Comparative Law 43 (Winter 2013) |
This Article will explore the evolving methodology of human rights and its impact on state sovereignty in the twenty-first century and review the trends driving that evolution. It will first identify the historical underpinnings for the classical methodology from as early as the eighteenth century and discuss its measured success, apparent... |
2013 |
|
| S. Jacob Carroll |
Faa v. Cooper: Bombarding the Privacy Act with the "Canon of Sovereign Immunity" |
64 Mercer Law Review 785 (Spring 2013) |
Privacy is a word we hear frequently in today's technologically advanced society. From Google Maps documenting every street in the nation to smartphones sharing locations automatically, privacy concerns abound. In fact, a recent Consumer Reports study found that over seventy percent of respondents said they were very concerned about the sharing of... |
2013 |
|
| David Takacs |
Forest Carbon (Redd+), Repairing International Trust, and Reciprocal Contractual Sovereignty |
37 Vermont Law Review 653 (Spring, 2013) |
Climate change, deforestation, and poverty present dire and intertwined threats to human and nonhuman communities. In this paper, I examine how the world's nations, businesses, and citizens are overcoming mistrust to cooperatively address these threats. I ask: How do negotiations to quantify and control the world's forests highlight new frontiers... |
2013 |
|
| Paul Van Olson |
Fox-hunting the Conscience of the King into a Shallow Grave: Sovereign Immunity and Discovery as Applied to Indian Tribes in Alltel Communications, L.l.c. v. Dejordy and its Implications for Discovery Practice |
58 South Dakota Law Review 405 (2013) |
In Alltel Communications, L.L.C., v. DeJordy, the Eighth Circuit Court of Appeals quashed third-party subpoenas issued to tribal officials of the Oglala Nation of the Pine Ridge Indian Reservation. The Eighth Circuit found tribal immunity from suit provided a basis to quash. In doing so, the Eighth Circuit confronted the concept of sovereign... |
2013 |
Yes |
| Françoise Gilbert |
Government Access to Cloud Data in the U.s. and Abroad: What Rules Apply? |
59 Practical Lawyer 49 (6/1/2013) |
At the federal level, the basic rule written in the Fourth Amendment to the U.S. Constitution grants Americans the right to be secure from unreasonable searches and seizures. In addition, several federal laws, such as the Wiretap Act, Stored Communications Act, Pen Register Act, Foreign Intelligence Surveillance Act, Communications Assistance to... |
2013 |
|
| Breann Swann Nu'uhiwa |
Government of the People, by the People, for the People: Cultural Sovereignty, Civil Native Hawaiian Governance |
14 Asian-Pacific Law and Policy Journal 57 (2013) |
I.. Introduction 58 II.. Cultural Sovereignty 62 III.. Civil Rights in Native Hawaiian History and Tradition 65 A. Civil Rights Prior to Contact 66 B. The Displacement of Kuleana 69 C. The Native Hawaiian Response 73 D. The Persistence of Traditional Values in Contemporary Native Hawaiian Society 75 IV.. Federal Expectations Regarding Native... |
2013 |
Yes |
| Derrick Wang |
Harmonizing All Around the World: Re-evaluating the Copyright and Treaty Powers in the Post-golan Era |
28 Maryland Journal of International Law 329 (2013) |
All nations sing Let's harmonize all around the world --Michael Jackson Ah, détentes! Ah, détentes! They're what everybody wants! --Stephen Sondheim In Professor Amy Chua's 2011 memoir Battle Hymn of the Tiger Mother, Chua's pianist daughter Sophia Chua-Rubenfeld recalls performing a selection from Sergei Prokofiev's Romeo and Juliet as an... |
2013 |
|
| Jenna Gerber |
Head out of the Clouds: What the United States May Learn from the European Union's Treatment of Data in the Cloud |
23 Indiana International & Comparative Law Review 245 (2013) |
Every cloud has its silver lining but it is sometimes a little difficult to get it to the mint. An attorney is awakened at 3:00 a.m. by a phone call from police. There has been a break-in at his firm, and a laptop filled with hundreds of client files containing sensitive data of payment records, client addresses and phone numbers, and trial... |
2013 |
|
| Benjamin Thomas Greer |
Hiding Behind Tribal Sovereignty: Rooting out Human Trafficking in Indian Country |
16 Journal of Gender, Race and Justice 453 (Spring 2013) |
The white man's police have protected us only as well as the feathers of a bird protect it from the frosts of winter. Crowfoot, Blackfeet Chief Future generations will not excuse those who turn a blind eye to [human trafficking]. United States Secretary of State, Condoleezza Rice Native Americans are a profoundly strong and proud, however insular,... |
2013 |
Yes |
| Amos N. Guiora |
Humanitarian Intervention and Sovereignty under the Umbrella of Geo-politics |
34 University of Pennsylvania Journal of International Law 411 (Winter, 2013) |
The events of the Arab Spring and subsequent developments in Libya and Egypt raise profound questions regarding the tension between international humanitarian intervention and state sovereignty in the context of geo-politics. In examining this tension, it is necessary to understand overarching geo-political considerations regarding issues critical... |
2013 |
|
| Dr. Jasmeet Gulati , Ivan Khosa |
Humanitarian Intervention: to Protect State Sovereignty |
41 Denver Journal of International Law and Policy 397 (Spring 2013) |
Is it possible to resist evil without succumbing to the dangers of righteousness? This question, posed by Tzvetan Todorov, aptly sums up the debate over the issue of humanitarian intervention. The heart of the debate is the perceived conflict between the notion of state sovereignty and the concept of humanitarian intervention. While NATO's... |
2013 |
|
| Robert Howse, Ruti Teitel |
Humanity Bounded and Unbounded: the Regulation of External Self-determination under International Law |
7 Law & Ethics of Human Rights 155 (December, 2013) |
Abstract: One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United... |
2013 |
|
| Alyssa L. Enzor |
Ignoring the Obligation to Provide Consular Notification: How this Nation's Approach to Treaties Deprives Criminal Defendants of Procedural Safeguards |
3 Alabama Civil Rights & Civil Liberties Law Review 123 (2013) |
Table of Contents. 123 I. Introduction. 123 II. The Context of the Garcia v. Texas Decision. 125 A. The Self Executing/Non-Self-Executing Distinction and Why It Matters. 126 B. The Vienna Convention on Consular Relations (VCCR). 129 C. The Avena Decision and The Foundational Precedent: Medellín v. Texas. 130 III. The Garcia v. Texas Opinion. 132 A.... |
2013 |
|
| Matthew J. Lindsay |
Immigration, Sovereignty, and the Constitution of Foreignness |
45 Connecticut Law Review 743 (February, 2013) |
It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... |
2013 |
|
| Christopher K. Connolly |
Independence in Europe: Secession, Sovereignty, and the European Union |
24 Duke Journal of Comparative & International Law 51 (Fall 2013) |
INTRODUCTION51 I. NATIONALISM IN EUROPE'S STATELESS NATIONS: IDENTITY, AUTONOMY, AND THE ECONOMY. 55 A. Catalonia: Rising Separatist Sentiment. 55 B. Scotland: The Road to the Referendum. 59 C. Flanders: Breaking Up the Most Successful Failed State of All Time. 62 II. SECESSION AND SELF-DETERMINATION IN INTERNATIONAL LAW. 67 A. Unilateral... |
2013 |
|
| Oswaldo R. Ruiz-Chiriboga |
Indigenous Corporal Punishment in Ecuador and the Prohibition of Torture and Ill Treatment |
28 American University International Law Review 975 (2013) |
I. INTRODUCTION. 976 II. LEGAL PLURALISM IN ECUADOR. 981 III. INTERNATIONAL INSTRUMENTS THAT PROTECT THE RIGHT TO MAINTAIN INDIGENOUS LAWS. 983 IV. TORTURE IN INTERNATIONAL AND ECUADORIAN LAW. 986 A. Torture and Culture. 990 1. The Changing Nature of Torture. 991 2. Lawful Sanctions. 995 a. Corporal Punishment. 996 b. Imprisonment. 1000 c. Death... |
2013 |
|
| Stephen A. Simon |
Inherent Sovereign Powers: the Influential Yet Curiously Uncontroversial Flip Side of Natural Rights |
4 Alabama Civil Rights & Civil Liberties Law Review 133 (2013) |
Abstract. 133 I. Introduction. 134 II. The Wide Reach of Inherent Sovereign Powers. 137 A. The Contract Clause. 137 III. The Double Jeopardy Clause. 151 IV. State Sovereignty in Lands Under Navigable Waters. 159 V. Conclusion. 163 |
2013 |
|
| Claudia Priem |
International Investment Treaty Arbitration as a Potential Check for Domestic Courts Refusing Enforcement of Foreign Arbitration Awards |
10 NYU Journal of Law & Business 189 (Fall 2013) |
International commercial arbitration has proven a popular means for dispute resolution in commercial conflicts. Due to the New York Convention, many countries allow foreign arbitral awards to be recognized and enforced in their local courts, resulting in effective means for execution of the award. However, what happens when domestic courts are... |
2013 |
|
| George K. Foster |
Investors, States, and Stakeholders: Power Asymmetries in International Investment and the Stabilizing Potential of Investment Treaties |
17 Lewis & Clark Law Review 361 (2013) |
Critics of investment treaties contend that these treaties give investors excessive rights vis-à-vis host states, and undermine the latter's ability to regulate to prevent corporate human rights abuses. Some even assert that investors are often now more powerful than host states, in part because of investment treaties. Consequently, calls for... |
2013 |
|
| William Wood |
It Wasn't an Accident: the Tribal Sovereign Immunity Story |
62 American University Law Review 1587 (August, 2013) |
In its latest pronouncement on the subject, the Supreme Court suggested in Kiowa Tribe of Oklahoma v. Manufacturing Technologies that tribal sovereign immunity is an accidental doctrine that developed with little analysis or reasoning. The Court, however, overlooked important history, context, and (some of its own) precedent which shows that the... |
2013 |
Yes |
| Angela M. Porter |
James Oakes's Treatment of the First Confiscation Act in Freedom National: the Destruction of Slavery in the United States, 1861-1865 |
57 Howard Law Journal 137 (Fall, 2013) |
INTRODUCTION. 138 I. BACKGROUND: OVERVIEW OF THE FIRST CONFISCATION ACT. 139 A. Overview of the Act's Passage. 139 II. CRITIQUE OF JAMES OAKES'S TREATMENT OF THE FIRST CONFISCATION ACT. 141 A. Oakes Inaccurately Discusses the Discharge Language of the FCA and Mischaracterizes the Nature of the Debate Surrounding that Language. 142 B. Oakes... |
2013 |
|
| Glen Hearns, Richard Kyle Paisley |
Lawyers Write Treaties, Engineers Build Dikes, Gods of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, and Resilient in a Time of Global Climate Change |
6 Golden Gate University Environmental Law Journal 259 (Spring 2013) |
This Article identifies and critically reviews the importance of adaptability and flexibility in treaties and institutional arrangements by providing resilience in the face of the anticipated impact of climate change on the good governance of international waters. Building greater resilience and adaptability into international waters agreements is... |
2013 |
|
| Lacey Stutz |
Myth of Protection: Florida Courts Permitting Involuntary Medical Treatment of Pregnant Women |
67 University of Miami Law Review 1039 (Summer 2013) |
Introduction. 1040 I. The Right to Refuse Medical Treatment. 1042 A. Federal Right to Refuse Medical Treatment. 1042 1. Common Law Origins. 1042 2. Substantive Due Process: Right to Privacy. 1043 B. Florida's Broader Right to Refuse Medical Treatment. 1044 II. Overriding the Right to Refuse Medical Treatment. 1045 A. Jurisdictions Protecting the... |
2013 |
|
| Kathryn A. Mayer |
Negotiating past the Zero-sum of Intractable Sovereignty Positions by Exploring the Potential of Possible Party Interests: a Proposed Dispute Resolution Framework for the Tobacco Tax Debacle Between the State of New York & the Seneca Nation of Indians |
28 Ohio State Journal on Dispute Resolution 771 (2013) |
In 1994, the Supreme Court declared in Department of Taxation & Finance of New York v. Milhelm Attea & Bros., Inc. that legislation passed by the State of New York imposing state taxes on cigarette sales made on Indian reservations to non-Indians was facially permissible. However, by August 13, 2010-over a decade after the Supreme Court issued its... |
2013 |
Yes |
| Heidi Kiiwetinepinesiik Stark |
Nenabozho's Smart Berries: Rethinking Tribal Sovereignty and Accountability |
2013 Michigan State Law Review 339 (2013) |
Introduction. 339 I. Sovereignty. 340 II. Contestations. 344 III. Accountability. 347 IV. Smart Berries. 353 Professor Wenona Singel, in her paper Indian Tribes and Human Rights Accountability, makes a compelling argument for reforming conventional understandings of tribal sovereignty to reflect the transformative international law principle that... |
2013 |
Yes |
| Joanne Pedone , Andrew R. Kloster |
New Proposals for Human Rights Treaty Body Reform |
22 Journal of Transnational Law & Policy 29 (2012-2013) |
As the perceived usefulness of attaching the label human right to a given goal or value increases, it can be expected that a determined effort will be made by a wide range of special interest groups to locate their cause under the banner of human rights. Thus, in the course of the next few years, UN organs will be under considerable pressure to... |
2013 |
|
| Richard A. Danner |
Oh, the Treatise! |
111 Michigan Law Review 821 (April, 2013) |
In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: [W]hy should law professors write? In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge... |
2013 |
|
| Robin Walker Sterling |
On Surviving Legal De-education: an Allegory for a Renaissance in Legal Education |
91 Denver University Law Review 211 (2013) |
They had done it. After three long years, three of the members of the graduating class of 2035 of Denver Law sat together over burgers at Crimson & Gold, the local student hangout that had sustained them through countless hours of studying, memorizing, outlining, and learning. Geneva Johnson could not believe that she had just graduated from law... |
2013 |
|
| Rebecca M. Kysar |
On the Constitutionality of Tax Treaties |
38 Yale Journal of International Law L. 1 (Winter, 2013) |
I. Introduction. 2 II. The Tension Between the Origination and Treaty Clauses. 6 A. History and Interpretations of the Origination Clause. 7 1. The Role of the Origination Clause in the Great Compromise. 7 2. Judicial Interpretations of the Origination Clause. 10 a. The Scope of the Clause and Justiciability. 10 b. The Meaning of Raising Revenue... |
2013 |
|
| John Love |
On the Record: Why the Senate Should Have Access to Treaty Negotiating Documents |
113 Columbia Law Review 483 (March, 2013) |
The Treaty Clause of the Constitution describes the mechanism through which the United States enters into treaties with other nations. Though seemingly straightforward, the Clause is unique in that it is an explicit constitutional mandate to share power. As such, defining the precise contours of this power has led to several conflicts between the... |
2013 |
|
| Dorothée Cambou , Stefaan Smis |
Permanent Sovereignty over Natural Resources from a Human Rights Perspective: Natural Resources Exploitation and Indigenous Peoples' Rights in the Arctic |
22 Michigan State International Law Review 347 (2013) |
Introduction. 348 I. Permanent Sovereignty over Natural Resources from the Perspective of Traditional International law. 350 A. Interstate Relations and the Delimitation of State Sovereignty in the Arctic. 350 B. Intrastate Relations and the Implication of Sovereignty for Indigenous Peoples in the Arctic. 354 II. Permanent Sovereignty Over Natural... |
2013 |
|
| Paul Horwitz |
Permeable Sovereignty and Religious Liberty |
49 Tulsa Law Review 235 (Winter, 2013) |
Abner S. Greene, Against Obligation: The Multiple Sources of Authority in a Liberal Democracy 2012. Pp. 333. Hardcover, $49.95. With Against Obligation, Abner Greene has accomplished a valuable task: he has written a book that is both timeless and timely. It is timeless insofar as the main questions asked by his book--whether citizens have a... |
2013 |
|
| Robert J. Martin, Rob Ballard |
Reconciling the Migratory Bird Treaty Act with Expanding Wind Energy to Keep Big Wheels Turning and Endangered Birds Flying |
20 Animal Law 145 (2013) |
The Migratory Bird Treaty Act (MBTA) has proven invaluable in minimizing the destruction of the 240 avian species listed by its enforcement agency, the United States Fish and Wildlife Service (FWS), as endangered or threatened or birds of conservation concern. Recently, however, the Act is faced with a new challenge: How can it continue to... |
2013 |
|
| Katie Schaefer |
Reining in Sovereign Immunity to Compensate Hurricane Katrina Victims |
40 Ecology Law Quarterly 411 (2013) |
In 2005, Hurricane Katrina devastated New Orleans, Louisiana. Residents sued the U.S. Army Corps of Engineers for negligently constructing and maintaining of a Gulf of Mexico shipping channel that caused the levee breaches that flooded their homes and destroyed their property. The Army Corps asserted immunity under the Flood Control Act, which... |
2013 |
|
| Howard J. Vogel |
Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland |
39 William Mitchell Law Review 538 (2013) |
I. Introduction. 539 II. The Argument in a Nutshell. 542 III. The Demand for Extermination or Removal of the Dakota: The Postwar Context for Reading the Abrogation Act of 1863. 543 A. The Long Road to the Dakota-U.S. War of 1862. 544 B. The Call for Vengeance in the Immediate Aftermath of the War. 548 IV. The Congressional Acts: Rethinking the... |
2013 |
|
| Hallie Ludsin |
Returning Sovereignty to the People |
46 Vanderbilt Journal of Transnational Law 97 (January, 2013) |
Governments across the world regularly invoke sovereignty to demand that the international community mind its own business while they commit human rights abuses. They proclaim that the sovereign right to be free from international intervention in domestic affairs permits them unfettered discretion within their territory. This Article seeks to... |
2013 |
|
| Alice de Jonge |
Returning to Fundamentals: Principles of International Law Applicable to the Resolution of Sovereign Debt Crises |
36 Suffolk Transnational Law Review Rev. 1 (Winter, 2013) |
Sovereign insolvency has early precedents. Philip II of Spain had to declare moratoriums on the repayment of Spanish debt in 1557, 1560, 1575, and 1596, largely due to the rising costs of various military enterprises. Many other sovereigns have defaulted on the payment of international debts since that time. On each occasion, almost without fail,... |
2013 |
|
| Sarah M. Block |
Richard v. United States: Government Contracts, Indian Treaties, and the Federal Circuit's Evolving Interpretation of "Bad Men" Provisions |
23 Federal Circuit Bar Journal 245 (2013) |
In April 2012, the United States Court of Appeals for the Federal Circuit issued a decision promulgating an innovative interpretation of the bad men provision found in the Treaty of Fort Laramie of 1868. In addressing a seemingly minor claim arising out of a drunk-driving accident in South Dakota, the Federal Circuit broke from its previous... |
2013 |
Yes |
| Sepideh Mousakhani |
Seeking to Emerge from Slavery's Long Shadow: the Interplay of Tribal Sovereignty and Federal Oversight in the Context of the Recent Disenrollment of the Cherokee Freedmen |
53 Santa Clara Law Review 937 (2013) |
Introduction. 938 I. Background. 939 A. Principles of Indian Law that Inform Federal-Tribal Relations. 939 1. Tribal Sovereignty. 940 2. The Plenary Powers of Congress and the Power of the Executive Branch. 941 3. Federal Judicial Review of DOI and BIA Determinations. 943 4. Tribal Sovereignty and Federal Control Over the Years. 945 5. Civil Rights... |
2013 |
Yes |
| Myrisha S. Lewis |
Sex and Statutory Uniformity: Harmonizing the Legal Treatment of Semen |
7 Charleston Law Review 235 (Winter 2012-2013) |
I. INTRODUCTION. 236 A. Product. 241 B. Method of Transmission/Distribution. 242 II. SEXUALLY TRANSMITTED DISEASES DUE TO SEXUAL CONTACT. 245 III. SEXUALLY TRANSMITTED DISEASES DUE TO ASSISTED REPRODUCTIVE TECHNOLOGY. 251 IV. MODEL STATUTE IN THE SEXUALLY TRANSMITTED DISEASE CONTEXT. 251 V. LEFTOVER EMBRYOS DUE TO ASSISTED REPRODUCTIVE TECHNOLOGY.... |
2013 |
|
| Brittany D. Botterill |
South Africa's Electricity Crisis: the Need to Reconcile Environmental Policy Decisions with International Treaties |
4 San Diego Journal of Climate & Energy Law 225 (2012-2013) |
I. Introduction. 226 II. South Africa's Monopolistic Electricity Company: Eskom. 228 III. Southern Africa Power Pool: South Africa's Electrical Connection to Southern Africa. 230 IV. Funding of the Eskom Electricity Project: The World Bank's Loan for Medupi. 232 V. South Africa's International Commitments and Obligations Under the United Nations... |
2013 |
|
| Larry Catá Backer |
Sovereign Investing and Markets-based Transnational Rule of Law Building: the Norwegian Sovereign Wealth Fund in Global Markets |
29 American University International Law Review Rev. 1 (2013) |
I. INTRODUCTION. 2 II. THE OPERATION OF THE NORWEGIAN SOVEREIGN WEALTH FUND: PRIVATE ACTOR, INTERNATIONAL ACTOR, AND SOVEREIGN. 11 A. Organization of the NSWF: Finance Ministry, the Norges Bank, and NBIM. 12 B. The NSWF Ethical Guidelines. 18 C. Operationalizing the Ethics Guidelines--The Structure and Functions of the NSWF Council on Ethics. 24... |
2013 |
|
| Eyal Benvenisti |
Sovereigns as Trustees of Humanity: on the Accountability of States to Foreign Stakeholders |
107 American Journal of International Law 295 (April, 2013) |
We live in a shrinking world where interdependence between countries and communities is increasing. These changes also affect--as they should--the concept of sovereignty. In past decades the predominant conception of sovereignty was akin to owning a large estate separated from other properties by rivers or deserts. By contrast, today's reality is... |
2013 |
|
| Jonathan Barrett , Luke Strongman , Open Polytechnic of New Zealand, Open Polytechnic of New Zealand |
Sovereignty in Postcolonial Aotearoa New Zealand: Ambiguities, Paradoxes, and Possibilities |
36 PoLAR: Political and Legal Anthropology Review 341 (November, 2013) |
The Treaty of Waitangi, concluded between many Mori chiefs and the British Crown in 1840, is the foundational testament of Aotearoa New Zealand. Despite the constitutional character, its status, subject matter, and terms of the treaty are disputable. Legal positivists deny the validity of the treaty; the English text, but not the Mori version,... |
2013 |
|
| Joshua Winneker, Ira Sprotzer, Lindsay Demery |
Sports Gambling and the Expanded Sovereignty Doctrine |
13 Virginia Sports and Entertainment Law Journal 38 (Fall 2013) |
Historically, sports gambling has provided a significant amount of revenue to states that have legalized it. For a state like New Jersey, that has been devastated by a super storm in conjunction with a lackluster casino business, legalizing sports gambling seemed a like a logical step to increase revenue. The problem is that the federal government,... |
2013 |
|
| Roger J. Goebel |
Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union after the Treaty of Lisbon |
20 Columbia Journal of European Law 77 (Fall, 2013) |
The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the... |
2013 |
|
| Solon Solomon |
The Case of Bolivia v. Chile in an Era of Transforming Sovereignty |
25 Florida Journal of International Law 331 (December, 2013) |
I. Introduction. 332 II. Sovereignty Loss and Acquisition: From Passive/Idealistic to Aggressive/Pragmatic. 333 A. The Classical Sovereignty Pattern. 333 1. Sovereignty Loss-Passive. 333 2. Sovereignty Acquisition-Idealism. 336 B. Sovereignty Transformed. 337 1. Sovereignty Loss-Aggressive. 337 2. Sovereignty Acquisition-Pragmatism. 340 III. The... |
2013 |
|
| Kevin Kirkpatrick |
The Columbia River Treaty's Canadian Entitlement: the Role of Liberalized and Integrated North American Electricity Markets in a New Calculation |
3 Washington Journal of Environmental Law & Policy 320 (November, 2013) |
ABSTRACT: The Columbia River Treaty between the United States and Canada may be terminated unilaterally by either nation beginning next year; this has brough attention within the Pacific Northwest and beyond to the 1964 agreement on river flows. Much of the discussion about updating the accord highlights important goals such as bettering the... |
2013 |
|