AuthorTitleCitationSummaryYearKey Terms
Ric Simmons Chooseyourjudges.org: Treating Elected Judges as Politicians 45 Akron Law Review Rev. 1 (2012) I. Introduction. 1 II. Electing Our Judges-A Brief Overview. 5 A. Diversity of Judicial Selection Methods. 5 B. History. 6 C. Arguments in Favor of Electing Judges. 8 D. Arguments Against Electing Judges. 9 E. The Current State of the Debate. 10 III. The Challenge: Getting Information to the Voters. 10 A. Background and Qualifications of... 2012  
James Croke Chuaigh Ár Lá - Debt of a Gaelsman: Ireland's Sovereign Debt Crisis, National and International Responses 32 Northwestern Journal of International Law and Business 365 (Winter 2012) Abstract: How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980's and early 1990's it undertook structural reforms... 2012  
Rachael Paschal Osborn Climate Change and the Columbia River Treaty 2 Washington Journal of Environmental Law & Policy 75 (June, 2012) Justice O.W. Holmes, New Jersey v. New York, 283 U.S. 336, 342 (1931) Abstract: The year 2014 is a key date for the potential re-negotiation of the Columbia River Treaty between the United States and Canada. The Treaty coordinates hydropower operations at 14 mainstem and multiple tributary dams, with the dual goals of maximizing flood control and... 2012  
Gil Gott , Sumi Cho Cluster Introduction: Culture, Knowledge, Law, and Community Countering "New Sovereignty" with Knowledge 22 Berkeley La Raza Law Journal 67 (2012) Sovereignty, as used in this introduction to the cluster of articles on Culture, Knowledge, Law and Community, refers to a form of both social identity and political organization. We use the concept of sovereignty and new sovereignty to provide a broader lens through which to analyze the set of articles in this cluster addressing topical issues... 2012  
Erica Burleigh Coercion, Conviction, Conversion: Sovereign Selves and Interior States in Colonial Piracy Trials and Narratives 24 Law and Literature 151 (Summer, 2012) Abstract: This essay argues that the legal and religious rhetoric surrounding Anglo-American piracy trials in the late seventeenth and early eighteenth centuries staged an emerging understanding of individual will and sovereignty as both an extension of and in conflict with political sovereignty. Published reports of piracy trials and execution... 2012  
Brannon Parker Constitutional Law-sovereign Immunity- Congress's Authorization of "Appropriate Relief" in Federal Statute Does Not Waive States' Immunity to Private Suits Seeking Money Damages. Sossamon v. Texas, 131 S. Ct. 1651 (2011). 42 Cumberland Law Review 599 (2011-2012) The Supreme Court addressed state sovereign immunity to suits for money damages under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) in Sossamon v. Texas. In Sossamon, petitioner Harvey Leroy Sossamon III (Sossamon), a Texas prison inmate, brought suit seeking injunctive and monetary relief against the State of Texas and... 2012  
Omar M. Dajani Contractualism in the Law of Treaties 34 Michigan Journal of International Law L. 1 (Fall 2012) Introduction. 2 I. Contractualism in Private Law. 9 A. When Agreement Conquers Law: Some Intellectual History. 11 B. The Functions of Mandatory Rules. 17 1. Protecting Parties Outside a Transaction. 18 2. Protecting Parties to a Transaction. 22 II. Mandatory Rules of International Law?. 26 A. Early Recognition of Mandatory Rules in International... 2012  
Karen Halverson Cross Converging Trends in Investment Treaty Practice 38 North Carolina Journal of International Law and Commercial Regulation 151 (Fall 2012) I. Introduction. 152 II. Evolution of U.S. BIT Practice. 156 A. BIT Program Origins. 156 B. NAFTA Chapter 11 and its Effects on U.S. BIT Practice. 163 1. NAFTA Chapter 11 Claims. 167 2. Effects on U.S. BIT Practice: MAI and TPA. 177 C. New Generation of U.S. BITs and FTAs. 188 1. Preamble.. 190 2. Limits on Indirect Expropriation.. 191 3. Fair and... 2012  
Robert Bejesky Currency Cooperation and Sovereign Financial Obligations 24 Florida Journal of International Law 91 (April, 2012) I. Introduction. 92 II. Framing Appropriate Odd Circumstances. 94 A. Corporate Form and Sovereign Borrowing. 94 B. Isolating Propaganda. 97 C. An Unassuming ODD Application. 99 III. Identifying Odious Debt. 104 A. ODD Circumstances Coagulated Forty Years Ago. 104 B. From Fixed to Floating Exchange Rates and Loan Pushing. 106 C. 1980s Loan Pushing... 2012  
Randi Mandelbaum, Elissa Steglich Disparate Outcomes: the Quest for Uniform Treatment of Immigrant Children 50 Family Court Review 606 (October, 2012) Increasingly, immigrants and immigration issues are present in family court practice. One underutilized protection available to provide relief to abused, abandoned, and neglected immigrant youth is Special Immigrant Juvenile Status (SIJS). After providing an overview of the law and regulations concerning SIJS, this article presents the challenges... 2012  
Major Andrew R. Atkins Doctrinally Accounting for Host Nation Sovereignty During U.s. Counterinsurgency Security Operations 212 Military Law Review 70 (Summer, 2012) In the aftermath of the wars in Iraq and Afghanistan, the United States will emphasize non-military means and military-to-military cooperation to address instability and reduce the demand for significant U.S. force commitments to stability operations. U.S. forces will nevertheless be ready to conduct limited counterinsurgency and other stability... 2012  
Lindsey Trainor Golden Embracing Tribal Sovereignty to Eliminate Criminal Jurisdiction Chaos 45 University of Michigan Journal of Law Reform 1039 (Summer 2012) American Indians living on reservations experience some of the highest crime rates in the United States. Reservations endure violent crimes, including assault, domestic violence, and rape, at rates 2.5 times higher than the national average. These crimes have an especially strong impact on Indian women: nearly three out of five Indian women are... 2012 Yes
Kouslaa Tunee Kessler-Mata (Chumash/Yokut) Empowerment Through Incorporation? The Trouble with Agreement Making and Tribal Sovereignty 47 Tulsa Law Review 599 (Spring 2012) In this paper, I consider the ability of formal, institutionalized agreements between tribes and non-federal polities, i.e., states and local governments, to strengthen and secure tribal sovereignty. I argue that agreement making is a form of incorporation that is fundamentally at odds with standard definitions of tribal sovereignty, moving tribes... 2012 Yes
Andrew L. Askew Environmental Law - Endangered Species: Interpreting the Migratory Bird Treaty Act and its Prohibition Against the "Taking" of Protected Birds 88 North Dakota Law Review 843 (2012) In United States v. Brigham Oil & Gas, L.P., the United States District Court of North Dakota refused to adopt an expansive interpretation of the Migratory Bird Treaty Act (MBTA) and held that oil and gas companies' use of reserve pits, which resulted in the deaths of numerous protected birds, did not fall under the prohibitions of the MBTA. The... 2012  
Edward T. Swaine Ersatz Treaties 44 New York University Journal of International Law & Politics 833 (Spring 2012) I. Introduction. 833 II. The Relative Virtues of Other Mechanisms. 836 A. Agenda-Setting. 837 B. Courts and Litigators. 841 C. Domestic Mobilization. 842 III. Competition, Complement, and Sequencing. 844 IV. Conclusion: Perspectives on Human Rights Treaties. 849 2012  
Tess deLiefde Filling in the Gaps: a New Approach to Treaty Implementation Reconciling the Supremacy Clause and Federalism Concerns 66 University of Miami Law Review 567 (Winter 2012) I. Introduction. 567 II. Background of Bond v. United States. 570 A. The 1993 Chemical Weapons Convention. 572 B. Bond's Appeals. 574 III. Judicial Control of Treaties. 575 A. Judicial Analysis of the Treaty Power. 575 B. Nationalists, New Federalists, and the Changing Nature of Treaties. 577 IV. Executive Control of the Treaty Power. 582 A. The... 2012  
Kevin Naud, Jr. Fleeing East from Indian Country: State v. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-jurisdictional Fresh Pursuit 87 Washington Law Review 1251 (December, 2012) Abstract: In State v. Eriksen, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This Comment argues the Eriksen Court's reliance on RCW 10.92.020 is misplaced. RCW 10.92.020 is... 2012 Yes
Allison Condra Food Sovereignty in the United States: Supporting Local and Regional Food Systems 8 Journal of Food Law & Policy 281 (Fall 2012) I. Introduction. 282 II. Food and Agriculture System Jurisdiction. 283 A. Congress' Ability to Regulate Local Issues: Wickard v. Filburn. 284 1. Homegrown Wheat. 285 2. The Effects Test . 286 3. Wickard v. Filburn Today. 286 B. Federal Level. 288 1. United States Department of Agriculture. 288 2. Food and Drug Administration. 290 3. Concurrent... 2012  
Ida Danielle Mashburn-Myrick Giving "The Help" the Silent Treatment: How Alabama's New Immigration Law Punishes Domestic Workers, Ignores Certain Employers, and Shortchanges Us All 64 Alabama Law Review 443 (2012) Introduction. 444 I. Background. 446 A. H.B. 56's Findings and Purposes. 446 B. Immigration in Alabama. 447 C. The Domestic-Employer Exemption. 449 1. What Is Casual Domestic Labor Within the Household?. 450 2. Women, Increasingly Foreign-Born, Tend to Hold These Jobs. 451 II. Alabama's Exemption for Domestic Labor Is Not Unique. 452 A. Labor... 2012  
Jane Kloeckner Hold on to Tribal Sovereignty: Establishing Tribal Pesticide Programs That Recognize Inherent Tribal Authority and Promote Federal-Tribal Partnerships 42 Environmental Law Reporter News & Analysis 10057 (January, 2012) The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn about indigenous knowledge for protecting human health and the environment. A regulatory reinterpretation or... 2012 Yes
  Indian Aar Taxes Indirect Transfer of Indian Shares but Upholds Eligibility for Mauritius Treaty Capital Gains Exemption 23 Journal of International Taxation 16 (March, 2012) In two separate decisions pronounced recently, India's Authority for Advance Rulings (AAR) considered the taxability of a transaction involving an indirect transfer of an Indian company, and a claim for the capital gains exemption under the India-Mauritius tax treaty. While the AAR upheld the validity of the treaty based on specific facts of the... 2012 Yes
David M. Schraver, David H. Tennant Indian Tribal Sovereignty--current Issues 75 Albany Law Review 133 (2011-2012) The relation of the Indian tribes living within the borders of the United States, both before and since the Revolution, to the people of the United States has always been an anomalous one, and of a complex character. There is nothing in the whole compass of our laws so anomalous, so hard to bring within any precise definition, or any logical and... 2012 Yes
Sarah Krakoff Inextricably Political: Race, Membership, and Tribal Sovereignty 87 Washington Law Review 1041 (December, 2012) Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians racial or political? If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe)... 2012 Yes
Oona A. Hathaway , Sabria McElroy , Sara Aronchick Solow International Law at Home: Enforcing Treaties in U.s. Courts 37 Yale Journal of International Law 51 (Winter 2012) I. Introduction. 51 II. The History of International Law at Home. 56 A. Founding to World War II. 57 1. Contract. 60 2. Property and Inheritance. 60 3. Detention and Habeas Corpus. 61 4. Right to Carry on Trade . 62 B. World War II to Medellín. 63 1. The Presumption in Favor of Enforcement Weakens. 63 2. The Bricker Backlash. 68 C. After... 2012  
John T. Parry International Law in State Courts: Sovereignty, Resistance, Contagion, and Inevitability 20 Willamette Journal of International Law and Dispute Resolution 57 (2012) I. Introduction. 57 II. International Law in the Founding Era. 61 III. From Swift to Erie. 61 IV. States and International Law: Insulation and Contagion. 61 V. International Law in State Courts, Redux. 61 VI. Conclusion. 61 2012  
James A. Green, University of Reading Interpreting the Nuclear Non-proliferation Treaty. By Daniel H. Joyner. Oxford, New York: Oxford University Press, 2011. Pp. Xiv, 184. Index. $100 106 American Journal of International Law 426 (April, 2012) To set Daniel Joyner's new book on the 1968 Treaty on the Non-proliferation of Nuclear Weapons (NPT) in context, it is worth recalling the basic nature of that treaty. The NPT is commonly said to represent the cornerstone of international nuclear law. It sets out a system of differentiated obligations between two groups of states: nuclear-weapon... 2012  
Jeffrey T. Matson Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider an Inter-sovereign Approach to Accommodate Federal and Tribal Interests in Water Resources 88 North Dakota Law Review 97 (2012) In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These... 2012 Yes
David A. Schnitzer Into Justice Jackson's Twilight: a Constitutional and Historical Analysis of Treaty Termination 101 Georgetown Law Journal 243 (November, 2012) C1-2Table of Contents Introduction. 244 I. Overview of Argument. 246 a. scope and definitional issues. 247 b. history of scholarly attention. 248 c. the problem of authoritative sources and institutional bias. 251 II. The Historical Understanding of Treaty Termination. 251 a. original intent and the framers' early official acts. 251 1. 1798: The... 2012  
Ernest A. Young Its Hour Come Round at Last? State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-first Century 35 Harvard Journal of Law & Public Policy 593 (Spring, 2012) This is a story of austerity's influence on constitutional doctrine. Outside the narrow community of federal jurisdiction aficionados, people seem to pay attention to state sovereign immunity about every hundred years. In 1793, the Supreme Court decided Chisholm v. Georgia, holding that a state could be sued by an individual in federal court for... 2012  
Melody Kapilialoha MacKenzie Ke Ala Loa - the Long Native Hawaiian Sovereignty and the State of Hawai'i 47 Tulsa Law Review 621 (Spring 2012) I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... 2012 Yes
Brian Kolva Lacrosse Players, Not Terrorists : the Effects of the Western Hemisphere Travel Native American International Travel and Sovereignty 40 Washington University Journal of Law & Policy 307 (2012) Most sports fans would agree that a world baseball championship without Americans, a world hockey championship without Canadians, or a world golf championship without Scots--the respective creators of the games--would be inadequate and disappointing. But this was precisely the situation lacrosse fans encountered in July 2010, when the Federation of... 2012 Yes
Arthur Rizer Lessons from Iraq and Afghanistan: Is it Time for the United States to Sign the Ottawa Treaty and End the Use of Landmines? 49 Willamette Law Review 35 (Fall 2012) I. Introduction. 36 II. History. 37 A. History of Landmines Warfare. 37 1. The First Silent Killers. 37 2. The Revolution of Landmines. 40 3. With Sticks and Duct Tape: IEDs. 42 B. History of the Law. 43 1. Convention on Certain Conventional Weapons. 43 2. Ottawa Treaty. 46 3. The United States' Role in Landmine Law. 49 C. Reconciling the Law and... 2012  
Kimberly Kiplin , David Schenck , Michael Wang Litigation with the Sovereign in Texas 61 The Advocate (Texas) 31 (Winter, 2012) AS A GENERAL RULE, FEDERAL AND STATE CLAIMS AGAINST the sovereign run like parallel lines with little common ground. This article will attempt to provide a general overview of the unique issues surrounding litigation with the government, particularly jurisdictional and sovereign immunity. Whether in state or federal venues, bringing suit against... 2012  
A. Paul Firuz Looking Forward: the Columbia River Treaty 2 Washington Journal of Environmental Law & Policy 170 (June, 2012) Abstract: Since 1964, the Columbia River Treaty has shaped the joint use of the Columbia River by the United States and Canada. The Treaty will be impervious to change until 2024, but either party may give notice of an intent to alter it as soon as 2014. Since the Treaty's ratification, changes in United States domestic law have reflected a shift... 2012  
by Eric T. Berkman, Framingham, MA Match-e-be-nash-she-wish Band 39 Preview of United States Supreme Court Cases 264 (4/16/2012) The Secretary of the Interior acquired Indian land in trust for a tribe to operate a gaming facility. Respondent David Patchak, a neighboring resident, alleged that the secretary lacked authority under the Indian Reorganization Act (IRA) to take the land because the tribe was not under federal jurisdiction at the time the law was passed. The... 2012  
Mitsuhiko A. Takahashi Migratory Bird Treaties' Issues and Potentials: Are They Valuable Tools or Just Curios in the Box? 42 Environmental Law 609 (Spring 2012) This Essay explores the achievements, issues, and potentials of bilateral migratory bird treaties (MBTs). MBTs have been successful in strengthening domestic laws and facilitating international cooperation for avian conservation. However, the merits of MBTs are mostly limited to migratory bird species in a limited number of countries. Multinational... 2012  
Alexander Hogan Native American Communities by Preserving Sovereign Immunity and Determining the Place of Tribal Businesses in the Federal Bankruptcy Code 43 Columbia Human Rights Law Review 569 (Spring, 2012) Revenues raised through Native American enterprises provide crucial support to the Native American communities in which these businesses are located. In particular, many tribes depend upon Indian casino gaming revenues to fund health care, child care, emergency services (police, fire, and ambulance), educational assistance programs, cultural... 2012 Yes
Samantha D. E. Tucker No Way to Treat Man's Best Friends: the Uncounted Injuries of Animal Cruelty Victims 19 Animal Law 151 (2012) As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders' sentences only if they injure human... 2012  
Devin Ryan Off Native American Tribes Reasserting Sovereign Immunity to Trump Arbitration Agreements 4 Yearbook on Arbitration and Mediation 286 (2012) The Supreme Court's decisions in Turner v. United States and United States v. U.S. Fidelity & Guaranty Co. firmly established the doctrine of tribal sovereign immunity. A Native American tribe enjoys sovereign immunity from suit, unless Congress has authorized the suit or the tribe has waived its immunity. Any such waiver must be clear and... 2012 Yes
Michael C. Seto, J. Michael Wood, Kelly M. Babchishin, Sheri Flynn, Royal Ottawa Health Care Group, Brockville, Ontario, Canada, Arkansas Department of Correction, Pine Bluff, Arkansas, Carleton University, Arkansas Department of Correction, Pine Bluff, A Online Solicitation Offenders Are Different from Child Pornography Offenders and Lower Risk Contact Sexual Offenders 36 Law and Human Behavior 320 (2012) The current study compared 38 lower risk (based on actuarial risk assessments) men convicted of contact sexual offenses against children, 38 child pornography offenders, and 70 solicitation offenders (also known as luring or traveler offenders). Solicitation and child pornography offenders were better educated than contact offenders but did not... 2012  
Asli Bâli , Aziz Rana Pax Arabica?: Provisional Sovereignty and Intervention in the Arab Uprisings 42 California Western International Law Journal 321 (Spring 2012) Two moments of apparent symbolic victory punctuated 2011--a year of uprisings and incipient revolution in the Arab world. The first occurred when the deposed former-president of Egypt, Hosni Mubarak, was wheeled on a hospital bed into a makeshift courtroom for a trial in which he would be held accountable from behind the bars of a cage. The second... 2012  
Carol A. Heimer , J. Lynn Gazley Performing Regulation: Transcending Regulatory Ritualism in Hiv Clinics 46 Law and Society Review 853 (December, 2012) Sociolegal scholars suggest that regulatory encounters often are occasions for displaying a surface compliance decoupled from day-to-day practice. Yet ethnographic data from five highly regulated HIV clinics show that regulatory encounters open opportunities both for ritualism and--surprisingly--for transcending ritualism. Using a theatrical... 2012  
Nicole Brown Rat Fishing and the Disparate Treatment of Pest Animals 1 Mid-Atlantic Journal on Law and Public Policy 10 (Fall, 2012) I. INTRODUCTION. 10 II. RATS AS PESTS. 11 III. RATS AS SPORT. 14 IV. RAT FISHING IN DIFFERENT CONTEXTS. 16 A. Sport Context: Maryland Hunting Law. 16 1. Maryland Cruelty Law. 17 2. Baltimore's Response to Recent Animal Abuse. 19 3. Recommendations. 20 B. Pest Context: Maryland Pest Control Law. 20 1. Response to Deer. 21 2. Response to Feral Cats.... 2012  
George K. Foster Recovering "Protection and Security": the Treaty Standard's Obscure Origins, Forgotten Meaning, and Key Current Significance 45 Vanderbilt Journal of Transnational Law 1095 (October, 2012) Among the most persistent controversies in international investment law is the nature of the protection and security standard found in most investment treaties. Some tribunals contend that the standard requires nothing more than physical protection of covered investments, while others maintain that it requires legal security as well. Some insist... 2012  
Elizabeth Baldwin , Kenneth R. Richards Redd, Pinc, and Other Shades of Green: Institutional Requirements for an International Forest Carbon Sequestration Treaty in a Post-kyoto World 52 Natural Resources Journal J. 1 (Spring 2012) As the United Nations Framework Convention on Climate Change moves closer to an agreement on reducing emissions from deforestation and degradation, more attention must be paid to the institutions that would support an international forest carbon sequestration (IFCS) program. This article identifies key support services that are needed for any IFCS... 2012  
Frank R. Lawrence , Partner, Holland & Knight LLP Reflections on Tribal Sovereignty and Sovereign Immunity 2012 Aspatore 5898574 (2012) To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... 2012 Yes
Frank R. Lawrence , Partner, Holland & Knight LLP Reflections on Tribal Sovereignty and Sovereign Immunity 2012 Aspatore 5898574 (2012) To successfully navigate tribal law, attorneys must understand the origins, development, and purposes of tribal sovereignty. To non-Indians, this effort may seem an academic exercise unrelated to a practicing lawyer's concerns. But Indian law and history are the opposite sides of the same coin. As Elie Wiesel wrote, danger lies in forgetting.... 2012 Yes
Franita Tolson Reinventing Sovereignty?: Federalism as a Constraint on the Voting Rights Act 65 Vanderbilt Law Review 1195 (May, 2012) The framers of the U.S. Constitution wrote the Elections Clause to address concerns that the states would fail to call congressional elections and weaken the already fragile new government. The Clause is a delegation of sovereignty from the states to the federal government because, although states select the time, place, and manner of elections,... 2012  
Shirley Darby Howell Religious Treatment Exemption Statutes: Betrayest Thou Me with a Statute? 14 Scholar: St. Mary's Law Review on Minority Issues 945 (Spring 2012) I. Introduction. 946 II. Religious Exemption Defined. 948 III. An Overview of Faith Healing Traditions in America and the Perspective of Faith Healing Parents. 950 A. Faith Healing Traditions in America. 950 B. The Prototypical Faith Healing Parent. 954 IV. Public Policy Protectionism for Children. 956 A. Common Law Doctrinal Protections for... 2012  
Stacey Marlise Gahagan Returning to Vattel: a "Gentlemen's Agreement" for the Twenty-first Century 37 North Carolina Journal of International Law and Commercial Regulation 847 (Spring 2012) I. Introduction. 847 II. Evolution of the Intellectual and Moral Conception of CIL. 853 A. Conceptions of Customary International Law: Pre-Vattel. 853 B. Vattel's Necessary Law of Nations. 855 C. Vattel's Positive Law of Nations. 858 D. Bradley and Gulati on Vattel. 860 III. History's Effect on the Legacy of Vattel. 864 A. Customary Law and... 2012  
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