| Author | Title | Citation | Summary | Year | Key Terms |
| Ilana Arnowitz Drescher |
Seeking Justice for America's Forgotten Victims: Reforming the Foreign Sovereign Immunities Act Terrorism Exception |
15 NYU Journal of Legislation and Public Policy 791 (2012) |
Introduction. 792 I. Legislative History of the Foreign Sovereign Immunities Act Terrorism Exception. 797 A. Backdrop to the Foreign Sovereign Immunities Act. 798 B. Establishment of the Foreign Sovereign Immunities Act. 799 C. The 1996 Amendment to the Foreign Sovereign Immunities Act. 801 D. The 2002 Amendment to the Foreign Sovereign Immunities... |
2012 |
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| Donna M. Hansen , Jessica C. Miles , Joseph R. Flood, Jr. |
Sovereign Immunity from Negligent Supervision and Training Claims: What's the King to Do? |
31 Trial Advocate Quarterly 36 (Winter, 2012) |
Section 768.28, Florida Statutes, waives sovereign immunity for tort damages caused by the negligent or wrongful act or omission of any employee of [an] agency or subdivision while acting within the scope of the employee's office or employment. The following article summarizes issues that have arisen when applying this language to claims of... |
2012 |
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| Oscar Teunissen, Puneet Arora, and Ronald Kalungi |
Sovereign Investment Funds: Tax Considerations for Global Investors (Part 2) |
23 Journal of International Taxation 22 (December, 2012) |
Countries that exempt SIF income from taxation generally do so under domestic law, administrative practice, or a double tax treaty. Countries that tax SIF income generally tax SIFs the same as other nonresident companies. As noted in Part 1 of this article, there are several different types of sovereign investment funds (SIFs), each with unique... |
2012 |
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| Winston P. Nagan , Aitza M. Haddad |
Sovereignty in Theory and Practice |
13 San Diego International Law Journal 429 (Spring 2012) |
I. Introduction. 430 II. The Historical Context. 435 A. Jean Bodin and Sovereignty Theories in Context. 438 B. The Work and Contributions of Thomas Hobbes. 442 C. The Work and Contributions of Hugo Grotius. 444 D. The Treaty of Westphalia. 446 E. The Work and Contributions of Pufendorf and Vattel. 447 F. The Work and Contributions of Moser and... |
2012 |
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| Alexander G. Davis |
Space Commercialization: the Need to Immediately Renegotiate Treaties Implicating International Environmental Law |
3 San Diego Journal of Climate & Energy Law 363 (2011-2012) |
I. Introduction. 364 A. The Current Space Commercialization Landscape. 366 B. Space Launches Have and Will Continue to Cause Significant International Environmental Harm. 368 C. International Environmental Law Will Be Invoked from Space Commercialization. 370 D. We May Use the Doctrine of Clausula Rebus Sic Stantibus to Amend the Treaties Now. 373... |
2012 |
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| Michael Landau |
State Sovereign Immunity and Intellectual Property Revisited |
22 Fordham Intellectual Property, Media and Entertainment Law Journal 513 (Spring 2012) |
Introduction. 514 I. The Eleventh Amendment: History and Background. 517 A. Ratification of the Amendment: A Reaction to Chisholm v. Georgia. 518 B. The Eleventh Amendment Re-emerges: Post Reconstruction and Hans v. Louisiana. 522 II. Competing Theories of Eleventh Amendment Jurisprudence. 524 A. The Eleventh Amendment Broadly Restricts Article III... |
2012 |
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| Phil Haas |
Status and Sovereignty of the Liancourt Rocks: the Dispute Between Japan and Korea |
15 Gonzaga Journal of International Law L. 2 (2011-2012) |
I. Introduction. 101 II. UNCLOS and the Establishment of an EEZ. 103 III. Sovereignty/Ownership of the Liancourt Rocks. 109 A. Territorial Acquisition under International Law. 109 1. Case Law. 110 a. Island of Palmas. 110 b. Clipperton Island. 112 c. Minquiers. 114 ... |
2012 |
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| Ashby Carlton Davis |
Taking from the State and Giving to the Union: Dissolving Member State Sovereignty Through the Noble Goal of Establishing a Common Market |
21 Journal of Transnational Law & Policy 207 (2011-2012) |
C1-3Table of Contents L1-2Introduction . L3207 I. Origins. 209 II. Federalism, Supremacy, and Economic Regulatory Power. 210 A. Federalism. 210 B. The United States. 210 C. The European Union. 212 D. The Establishment of a European Common Market. 214 E. The Role of the Courts. 217 III. Preventing States from Obstructing Commerce or the... |
2012 |
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| The Honorable Robert M. McDowell |
Technology and the Sovereignty of the Individual |
10 Journal on Telecommunications & High Technology Law 351 (2012) |
Introduction. 351 I. Communications Technologies Proliferate Faster After Liberalization. 352 II. Communications Technologies Produced by Liberal Democracies Are Helping to Create Liberal Democracies. 355 III. To Promote Freedom and Prosperity, Governments Should Preserve Liberalized Telecoms Policies. 359 |
2012 |
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| Nathalie Martin , Joshua Schwartz |
The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? |
69 Washington and Lee Law Review 751 (Spring, 2012) |
C1-3Table of Contents I. Introduction. 752 II. Background on the Economics of Tribal Life. 754 III. Background on Payday Loans. 758 A. Anatomy of a Payday Loan. 758 B. The Debate over Payday Lending Regulation. 759 C. The Habits of Payday Lenders and Customers. 760 D. The Legal and Regulatory Framework of Payday Lending. 764 IV. Background on... |
2012 |
Yes |
| Dimitry Kochenov |
The Application of Eu Law in the Eu's Overseas Regions, Countries, and Territories after the Entry into Force of the Treaty of Lisbon |
20 Michigan State International Law Review 669 (2012) |
Introduction and Structure. 669 I. Territorial Scope of the Treaties: Legal-Historical Analysis. 684 II. Outermost Regions in the EU Law of the Overseas. 693 A. Main principles of Article 349 TFEU. 696 B. Article 349 TFEU from a legal-historical perspective. 700 C. Article 349 TFEU as a source of derogations. 709 D. Examples of Derogations Enjoyed... |
2012 |
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| Nicholas A. Fromherz |
The Case for a Global Treaty on Soil Conservation, Sustainable Farming, and the Preservation of Agrarian Culture |
39 Ecology Law Quarterly 57 (2012) |
Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... |
2012 |
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| Kaila C. Randolph |
The Conflict Surrounding Universal Access to Hiv/aids Medical Treatment in South Africa |
19 Human Rights Brief 24 (Winter, 2012) |
Every individual has the human right to life, a principle found in every international human rights treaty, convention, and national constitution. Nonetheless, what can persons with HIV/AIDS do when their government denies them access to medical treatment? What can refugees do when they are denied health care, simply based on their identity as... |
2012 |
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| Frank Pommersheim |
The Crazy Horse Malt Liquor Case: from Tradition to Modernity and Halfway Back |
57 South Dakota Law Review 42 (2012) |
Tasunke Witko, or Crazy Horse as he is known in English, is a revered nineteenth century warrior and spiritual leader of the Oglala Band of the Lakota (or Sioux) Nation. He is renowned for both his skills as a warrior and his high spiritual concern for the welfare of his people. He also often seems to stand apart as a mysterious, even mystical,... |
2012 |
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| Katheryn A. Bilodeau |
The Elusive Implied Water Right for Fish: Do Off-reservation Instream Water Rights Exist to Support Indian Treaty Fishing Rights? |
48 Idaho Law Review 515 (2012) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 515 II. BACKGROUND. 517 III. FISHING RIGHTS, ROUND ONE: THE RIGHT TO ACCESS USUAL AND ACCUSTOMED PLACES. 518 IV. CHANGES IN THE COLUMBIA RIVER BASIN. 520 V. FISHING RIGHTS, ROUND TWO: IS THE RIGHT TO TAKE FISH A RIGHT TO THE OPPORTUNITY TO CATCH FISH, OR IS THE RIGHT SOMETHING MORE?. 521 VI. THE IMPLIED... |
2012 |
Yes |
| Brian S. Tomasovic |
The Fate of Treated Wood Infrastructure |
30 Virginia Environmental Law Journal 28 (2012) |
For more than a century, much of the physical infrastructure used for railway transport, energy, and telecommunications has benefited from the protection of a small group of industrial wood preservatives. In 2008, the Environmental Protection Agency (EPA), acting under statutory authority of the Federal Insecticide, Fungicide, and Rodenticide Act... |
2012 |
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| Harry S. Jackson III |
The Incomplete Loom: Exploring the Checkered past and Present of American Indian Sovereignty |
64 Rutgers Law Review 471 (Winter 2012) |
It has been said that the Indian Wars never ceased, they only changed venue. We are still fighting. We are fighting in courts, we are fighting in Congress-- we are still fighting. And probably we'll always fight, or else we'll really be exterminated, through both acts of aggression or apathy. Rev. Dr. John R. Norwood Kelekpethakomaxkw (Smiling... |
2012 |
Yes |
| Christopher M. Humes |
The Long and Winding Road: State Sovereign Immunity's Effect on Gaming License Revocation for the Casino Debtor |
3 UNLV Gaming Law Journal 111 (Spring 2012) |
Once thought to be financial thoroughbreds, casinos are feeling the financial squeeze of the economic recession. Nevada gaming revenues declined 10.4 percent in 2009, setting the state record for the largest single-year decrease. Over $10 billion in development projects are on indefinite hiatus in Atlantic City, and more are postponed in Las Vegas.... |
2012 |
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| Thomas E. Boudreau Ph.D. |
The Modern Law of Nations: Jus Gentium and the Role of Roman Jurisprudence in Shaping the Post World War Ii International Legal Order |
20 Digest, National Italian American Bar Association Law Journal L.J. 1 (2012) |
The operating axiom of this paper is that a new Law of Nations was created in international law due to the solemn promises made in good faith by the Allied powers during World War II to their own, neutral, conquered and colonial peoples of the world. By doing so, these solemn promises created fiduciary interests, duties and norms that were to be... |
2012 |
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| David H. Moore |
The President's Unconstitutional Treatymaking |
59 UCLA Law Review 598 (February, 2012) |
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a... |
2012 |
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| Angelina M. Sasich |
The Right to Self-determination and its Implication on the Sovereign Right of States: the Inconsistent Application of International Standards for Independence with Respect to Kosovo |
20 Michigan State International Law Review 495 (2012) |
Introduction. 495 I. Kosovo: Self-Determination and the Clash with Sovereignty. 497 II. Kosovo's Failure in Passing the Montevideo Test for Independence. 502 III. Kosovo's Failure to Fulfill Additional Requirements Set Out by the European Community's Declaration for Eastern European States. 505 IV. Canada's Constitutional Limitation to Secession... |
2012 |
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| Lillian Aponte Miranda |
The Role of International Law in Intrastate Natural Resource Allocation: Sovereignty, Human Rights, and Peoples-based Development |
45 Vanderbilt Journal of Transnational Law 785 (May, 2012) |
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a... |
2012 |
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| The Hon. Mr. Justice Winston Anderson, JCCJ |
The Role of the Caribbean Court of Justice in Human Rights Adjudication: International Treaty Law Dimensions |
21 Journal of Transnational Law & Policy Pol'y 1 (2011-2012) |
C1-3Table of Contents L1-2Introduction . R31. I. The Caribbean Community. 3 II. Establishment of the CCJ. 5 III. Original Jurisdiction and Human Rights. 7 IV. Appellate Jurisdiction and Human Rights. 9 A. General Principles Governing Judicial Attitude to International Human Rights Treaties. 10 B. Contexts for Consideration of Human Rights Treaties.... |
2012 |
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| Amy Conners |
The Scalpel and the Ax: Federal Review of Tribal Decisions in the Interest of Tribal Sovereignty |
44 Columbia Human Rights Law Review 199 (Fall, 2012) |
Before Martinez, had the petitioners here appeared in tribal court to challenge the default judgment and been denied relief, they could have brought an Indian Civil Rights Act action. Instead, because Martinez denies federal jurisdiction over such actions, the petitioners assault the existence of tribal power rather than its exercise. Ironically, a... |
2012 |
Yes |
| Laura Belkner |
The Secular and Religious Legal Framework of Afghanistan as Compared to Western Notions of Equal Protection and Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent with Sex Equality? |
20 Cardozo Journal of International and Comparative Law 501 (Winter 2012) |
They are Man's, said the spirit, looking down upon them. And they cling to me, appealing from their fathers. This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy, for on his brow I see that written which is doom, unless the writing be erased. I. Introduction. 502 II. Islamic Law... |
2012 |
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| Amanda Van Wieren |
The Silent Sovereign: Tipping the Scales in Reverse-erie Applications of Indian Law |
91 Oregon Law Review 297 (2012) |
Introduction. 298 I. The Doctrines. 300 A. State Law in Federal Court. 300 1. Erie Under the Rules of Decision Act. 301 2. Erie Under the Rules Enabling Act. 302 B. Federal Procedure in State Court. 304 1. Preemption for Beginners. 304 2. Introduction to Reverse- Erie. 307 II. Reverse- Erie in Practice. 310 A. Asymmetry Between the Doctrines. 311... |
2012 |
Yes |
| L. Darnell Weeden |
The Supreme Court's Treatment of the Patient Protection and Affordable Care Act |
12 Appalachian Journal of Law 49 (Winter 2012) |
The topic considered is the constitutional, policy, and political implications of the United States Supreme Court's treatment of the Patient Protection and Affordable Care Act's (ACA or Obamacare) attempt to regulate America's health care economy. In an effort to make health care more affordable to Americans while protecting the national economy... |
2012 |
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| Natalie Landreth, Erin Dougherty |
The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes |
36 American Indian Law Review 321 (2012) |
When the Alaska Native Claims Settlement Act (ANCSA) was passed in 1971, there was little mention of how it might affect tribal sovereignty or tribal jurisdiction. According to its own explicit terms, it was a land settlement: aboriginal claims were extinguished in exchange for 45.5 million acres of land in fee simple and almost $1 billion. Despite... |
2012 |
Yes |
| Peter B. Rutledge |
Toward a Functional Approach to Sovereign Equality |
53 Virginia Journal of International Law 181 (Symposium 2012) |
Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global... |
2012 |
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| Muriel Tinkler |
Transgenic Animals: Ethical Concerns Regarding Their Creation, Research and Treatment |
1 Mid-Atlantic Journal on Law and Public Policy 123 (Fall, 2012) |
I. RESEARCH METHODOLOGY. 124 II. INTRODUCTION TO TRANSGENIC ANIMALS. 124 Table 1: Definitions. 124 III. ISSUES SURROUNDING RESEARCH OF TRANSGENIC. 127 A. Types of Animals Used. 127 B. Creating Transgenic Animals. 128 C. How Are Transgenic Animals Used?. 129 1. Goals for these Animals. 129 2. Drug and Industrial Production. 130 3. Food. 130 4. Human... |
2012 |
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| Michael P. Van Alstine |
Treaty Double Jeopardy: the Oecd Anti-bribery Convention and the Fcpa |
73 Ohio State Law Journal 1321 (2012) |
I. Introduction. 1321 II. The Internationalization of the Crime of Bribery. 1325 A. The Background and Substance of the OECD Anti-Bribery Convention. 1325 B. Implementation of the OECD Anti-Bribery Convention. 1327 C. The Growth of Multiple and Successive Prosecutions in the Wake of the OECD Convention. 1329 III. Double Jeopardy and the Dual... |
2012 |
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| Ligia M. De Jesus |
Treaty Interpretation of the Right to Life Before Birth by Latin American and Caribbean States: an Analysis of Common International Treaty Obligations and Relevant State Practice at International Fora |
26 Emory International Law Review 599 (2012) |
Introduction. 600 I. Relevant International Law on a Prenatal Right to Life in Latin America and the Caribbean. 601 II. International State Practice on the Application of the CRC and the American Convention on Human Rights. 606 A. Regional Interpretation of the CRC's Protection of Life Before Birth. 606 B. Regional Interpretation of the American... |
2012 |
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| David G. Dunbar |
Treaty Shopping and China's Response (Part 1) |
23 Journal of International Taxation 36 (March, 2012) |
China has adopted several measures to combat treaty shopping, which is seriously eroding its domestic tax base. This two-part article examines how multinational corporations (MNCs) attempt to use China's network of tax treaties to reduce or eliminate Chinese source-country taxation. The technique involves treaty shopping, which is possible only... |
2012 |
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| by Gregory C. Sisk University of St. Thomas School of Law, Minneapolis, MN |
United States |
40 Preview of United States Supreme Court Cases PREVIEW 4 (10/1/2012) |
The United States is asking the Court to hold the federal government immune from civil liability for violations of the Fair Credit Reporting Act, arguing that the general waiver of sovereign immunity for monetary claims found in the Tucker Act does not apply when another statute provides for judicial remedies without expressly authorizing suit... |
2012 |
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| |
United States Adopts New Model Bilateral Investment Treaty |
106 American Journal of International Law 662 (July, 2012) |
In April 2012, the U.S. Department of State and the Office of the United States Trade Representative released the text of the new U.S. model bilateral investment treaty (BIT). U.S. negotiators will use the new model text as a guide in future investment treaty negotiations with other countries. The text does not alter core investment protections set... |
2012 |
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| Erin E. Odell |
United States v. Gallaher: the Ninth Circuit's Disingenuous Native American Sovereignty |
38 New England Journal on Criminal and Civil Confinement 291 (Summer, 2012) |
In April 1991, James H. Gallaher, Jr. shared a home with the mother of his infant daughter, Jennifer Clark, and a friend, Edwin Pooler. One day Pooler arrived at the shared home drunk and urinated on the floor, splashing urine onto Clark's daughter. Clark told Gallaher about these events and Gallaher found Pooler at a nearby bar where the two men... |
2012 |
Yes |
| Amy Hirst |
Universal Aids Treatment by 2010: Broken Promises and International Intellectual Property Policies |
21 Transnational Law & Contemporary Problems 227 (Spring 2012) |
I. Introduction. 227 II. The AIDS Crisis. 228 III. International Intellectual Property Law. 230 IV. Intellectual Property Trade Alternatives. 234 A. Parallel Importing. 234 B. Tiered Pricing. 235 C. Bulk Procurement. 236 D. Voluntary Donation. 237 E. Post-Patent Generic Drugs. 238 F. Combining Alternatives. 239 V. United States' Policies and... |
2012 |
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| Spencer Driscoll |
Utah's Enabling Act and Congress's Enclave Clause Authority: Federalism Implications of a Renewed State Sovereignty Movement |
2012 Brigham Young University Law Review 999 (2012) |
On June 20, 1783, a disgruntled group of unpaid soldiers arrived at the statehouse in Philadelphia where the Continental Congress was convened. The following day, the soldiers surrounded the statehouse, demanding payment and attempting to intimidate the Congress by their mere presence; some soldiers at times even point[ed] their muskets to the... |
2012 |
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| Aaron Scheinwald |
Who Could Possibly Be Against a Treaty for the Blind? |
22 Fordham Intellectual Property, Media and Entertainment Law Journal 445 (Winter 2012) |
Introduction. 448 I. What are VIPs and How Does Their Current Status Present a Human Rights Problem? An Epidemiology and a History of National and Global Solutions to the VIP Information-Access Problem. 451 A. Overview of the Global Issue of Visual Impairment. 451 1. The Economic Impact of Visual Impairment. 453 2. The Disproportionate Burden Borne... |
2012 |
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| Jodie A. Kirshner |
Why Is the U.s. Abdicating the Policing of Multinational Corporations to Europe?: Extraterritoriality, Sovereignty, and the Alien Tort Statute |
30 Berkeley Journal of International Law 259 (2012) |
The United States has policed the multinational effects of multinational corporations more aggressively than any other country, but recent decisions under the Alien Tort Statute indicate that it is now backtracking. Europe, paradoxically, is moving in the other direction. Why do some countries retract extraterritorial jurisdiction while others step... |
2012 |
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| Dr. Pallavi Kishore |
A Comparative Analysis of Secretariats Created under Select Treaty Regimes |
45 International Lawyer 1051 (Winter, 2011) |
The administrative structure of most international organisations includes a secretariat that plays an important role in the functioning of the entire regime. Secretariats act as the backbone of the organisations and mainly perform administrative functions. Secretariats originated with the League of Nations and continued with the United Nations (UN)... |
2011 |
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| Marilyn Phelan |
A Synopsis of Texas and Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct? |
42 Saint Mary's Law Journal 725 (2011) |
I. Introduction. 726 II. Recent Texas Supreme Court Sovereign Immunity Decisions. 729 A. Sovereign Immunity in Texas. 729 B. Texas Whistleblower Act. 735 III. History of the Sovereign Immunity Doctrine. 748 IV. Stare Decisis Preserves Sovereign Immunity. 754 V. Eleventh Amendment Sovereign Immunity. 757 VI. Immunity for Governmental Officials. 763... |
2011 |
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| Amanda M. Murphy |
A Tale of Three Sovereigns: the Nebulous Boundaries of the Federal Government, New York State, and the Seneca Nation of Indians Concerning State Taxation of Indian Reservation Cigarette Sales to Non-Indians |
79 Fordham Law Review 2301 (April, 2011) |
This Note examines the conflict between New York State and the Seneca Nation of Indians regarding the taxation of cigarette sales to non-Indians on Indian reservations. In 1994, the United States Supreme Court found New York's taxation scheme facially permissible without providing boundaries or guidance for the state's subsequent enforcement.... |
2011 |
Yes |
| Randall S. Abate |
A Tale of Two Carbon Sinks: Can Forest Carbon Management Serve as a Framework to Implement Ocean Iron Fertilization as a Climate Change Treaty Compliance Mechanism? |
1 Seattle Journal of Environmental Law L. 1 (Spring, 2011) |
Any post-Kyoto climate change treaty regime must seek to fully engage the use of carbon sinks to complement emissions reduction measures in order to comply with the treaty's mandates. The Kyoto Protocol did not include avoided deforestation as a mechanism for earning emission reduction credits. However, reducing emissions from deforestation and... |
2011 |
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| Michael Cornelius Kelly |
A Wavering Course: United States Supreme Court Treatment of State Laws Regarding Aliens in the Twentieth Century |
25 Georgetown Immigration Law Journal 701 (Spring, 2011) |
Over the years, this Court has many times considered state classifications dealing with aliens. As we have noted before, those cases have not formed an unwavering line over the years. But to say that the decisions do not fall into a neat pattern is not to say that they fall into no pattern. In fact, they illustrate a not unusual characteristic... |
2011 |
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| Prolife Center at the University of St. Thomas |
Academic Treatment of Abortion and Euthanasia in Leading Constitutional Law Textbooks |
6 University of St. Thomas Journal of Law & Public Policy 11 (Fall 2011) |
In order to identify, catalog, and respond to current academic coverage of abortion, infanticide, and euthanasia in law school teaching materials, the five leading textbooks for Constitutional Law courses were analyzed. These texts include: Cases and Materials on Constitutional Law: Themes for the Constitution's Third Century by Daniel A. Farber,... |
2011 |
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| Sean Flynn |
Acta's Constitutional Problem: the Treaty Is Not a Treaty |
26 American University International Law Review 903 (2011) |
INTRODUCTION. 903 I. ACTA AND THE ENFORCEMENT AGENDA. 905 II. ACTA IS NOT A TREATY (UNDER U.S. LAW). 913 A. ACTA is not an Article II Treaty. 913 B. ACTA is not a Congressional-Executive Agreement. 914 C. ACTA is not a Sole Executive Agreement. 915 D. USTR's Justifications do not Establish ACTA's Constitutional Basis as a Sole Executive Agreement.... |
2011 |
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| Frank Pommersheim |
Amicus Briefs in Indian Law: the Case of Plains Commerce Bank v. Long Family Land & Cattle Co. |
56 South Dakota Law Review 86 (2011) |
The role of the amicus brief in litigation before the United States Supreme Court has changed significantly over time. This is true with regard to both its function and its increasing prevalence. This is no less the case in the field of Indian law. And while there is a developing body of scholarship relative to amicus practice generally, there is... |
2011 |
Yes |
| Vanessa Baehr-Jones , Christina Cheung |
An Exercise of Sovereignty: Attaining Attainment for Indian Tribes under the Clean Air Act |
34-SPG Environs Environmental Law and Policy Journal 189 (Spring 2011) |
I. Introduction. 191 II. Attainment and Nonattainment under the Clean Air Act. 193 A. The Basics of the Clean Air Act. 195 1. The Expense of Being in a Nonattainment Area. 196 2. The Prevention of Significant Deterioration Program for Attainment Areas. 198 B. States' Attempts to Attain Attainment. 201 III. The Clean Air Act's Grant of Authority to... |
2011 |
Yes |
| Elizabeth Ann Kronk |
Application of Title Vi in Indian Country: the Key Is Tribal Sovereignty |
6 Florida A & M University Law Review 215 (Spring 2011) |
Introduction. 215 I. Title VI Claims Against Federally-Recognized Tribes Are Likely Barred. 222 a. Application of Title VI to Tribes Acting Under TAS Status. 230 b. Application of Title VI Against Tribes Where the Matter at Issue is an Intra-tribal Matter. 232 II. Title VI Claims Arising in Indian Country But Not Brought Against Tribes. 233 III.... |
2011 |
Yes |