| Author | Title | Citation | Summary | Year | Key Terms |
| Anthea Roberts |
Triangular Treaties: the Extent and Limits of Investment Treaty Rights |
56 Harvard International Law Journal 353 (Summer 2015) |
Investment treaties should be reconceptualized as triangular treaties, i.e., agreements between sovereign states that create enforceable rights for investors as non-sovereign, third-party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state) and vice versa. If the investor... |
2015 |
|
| Scott J. Shackelford , Eric L. Richards , Anjanette H. Raymond , Amanda N. Craig |
Using Bits to Protect Bytes: Promoting Cyber Peace by Safeguarding Trade Secrets Through Bilateral Investment Treaties |
52 American Business Law Journal L.J. 1 (Spring, 2015) |
In December 2013, the U.K. government decided to expand the authority of one of its intelligence agencies, the Government Communications Headquarters (GCHQ), to aid in the screening of incoming telecom products from Huawei, a leading Chinese manufacturer of information and communications technology. British policy makers' fear, which is shared by... |
2015 |
|
| Aeyal Gross , Tamar Feldman |
We Didn't Want to Hear the Word 'Caloriesd': Rethinking Food Security, Food Power, and Food Sovereignty--lessons from the Gaza Closure |
33 Berkeley Journal of International Law 379 (2015) |
Everybody is hungry, nobody is starving. Chirster Nordhal In the summer of 2007 Israel imposed a yet-to-be lifted closure on the Gaza Strip, restricting the movement of goods and people into and out of Gaza. Israel holds its closure policy to be legal under international law so long as it meets the humanitarian minimum standard and allows the... |
2015 |
|
| Daniel C.K. Chow |
Why China Wants a Bilateral Investment Treaty with the United States |
33 Boston University International Law Journal 421 (Summer 2015) |
Introduction. 422 I. The Current Multilateral, Chinese, and U.S. Legal Regimes Governing Foreign Direct Investment. 430 A. Multilateral FDI Regimes. 430 B. Chinese and U.S. Legal Regimes that are Applicable to FDI. 432 C. Effect of a U.S.-China BIT. 437 II. How a BIT with the United States Helps China Achieve Three Strategic Policy Goals. 439 A.... |
2015 |
|
| Christopher McCrudden |
Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of Cedaw |
109 American Journal of International Law 534 (July, 2015) |
Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at... |
2015 |
|
| Vincent M. Southerland |
Youth Matters: the Need to Treat Children like Children |
27 Journal of Civil Rights & Economic Development 765 (Winter 2015) |
Our too-young and too-new America, lusty because it is lonely, aggressive because it is afraid, insists upon seeing the world in terms of good and bad, the holy and the evil, the high and the low, the white and the black; our America is frightened of fact, of history, of processes, of necessity. It hugs the easy way of damning those whom it cannot... |
2015 |
|
| Hope Babcock |
A Possible Solution to the Problem of Diminishing Tribal Sovereignty |
90 North Dakota Law Review 13 (2014) |
The capacity of Indian tribal sovereignty to protect tribes from outside encroachment and interference has steadily diminished from when the concept was first enunciated in the nineteenth century in the Marshall Indian Law Trilogy. This article assumes as a working premise that only bringing tribes into the Constitution as co-equal sovereigns will... |
2014 |
Yes |
| Meredith L. Jewitt |
A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan |
9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) |
Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... |
2014 |
Yes |
| Meredith L. Jewitt |
A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan |
9 Duke Journal of Constitutional Law & Public Policy Sidebar 163 (4/9/2014) |
Tribal sovereign immunity has been a core principle of Indian law and United States-tribal interactions since first contact between European and native peoples. For centuries, this principle has dictated that Indian tribes, like sovereign nations, are immune from legal action as distinct, independent, political communities retaining their original... |
2014 |
Yes |
| Laura C. Sayler |
Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty |
2014 Cardozo Law Review de novo novo 1 (2014) |
C1-3Table of Contents L1-2Introduction . R32. I. Background. 10 A. The Violence Against Women Act and the 2013 Reactivation Bill. 10 B. The Legacy of Oliphant. 14 II. Special Domestic Violence Jurisdiction Is an Expansion of Inherent Tribal Sovereignty. 17 A. The Delegation Theory Versus the Inherent Sovereignty Theory. 17 B. Constitutional Support... |
2014 |
Yes |
| Prabhash Ranjan , Deepak Raju |
Bilateral Investment Treaties and the Indian Judiciary |
46 George Washington International Law Review 809 (2014) |
India has entered into bilateral investment treaties (BITs) with eighty-six countries. Of these BITs, seventy-three have already come into force. Despite this massive BIT program, BITs in India did not attract much attention until foreign investors used BITs to slap India with investment treaty arbitration (ITA) notices. These foreign investors,... |
2014 |
Yes |
| Michalyn Steele |
Comparative Institutional Competency and Sovereignty in Indian Affairs |
85 University of Colorado Law Review 759 (Summer 2014) |
While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the... |
2014 |
Yes |
| |
Federal Indian Law--Tribal Sovereign Immunity-- Michigan v. Bay Mills Indian Community |
128 Harvard Law Review 301 (November, 2014) |
Courts have long held that Native American governments enjoy tribal sovereign immunity from suit, subject only to Congress's plenary authority. Sixteen years ago, in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., the Supreme Court affirmed that tribes retain sovereign immunity when engaged in off-reservation commercial activity.... |
2014 |
Yes |
| Jonathan Guss |
Gaming Sovereignty? A Plea for Protecting Worker's Rights While Preserving Tribal Sovereignty |
102 California Law Review 1623 (December, 2014) |
Tribally owned gaming facilities have become an increasingly popular vehicle for economic development throughout Indian Country. As an incidental consequence of this industry's growth, many non-tribal members now come into contact with tribal-gaming enterprises as either customers or employees. Consequently, tribal gaming establishments have become... |
2014 |
Yes |
| Ryan Seelau |
In Defense of Tribal Sovereign Immunity: a Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts |
90 North Dakota Law Review 121 (2014) |
Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a necessary part of sovereignty or how the... |
2014 |
Yes |
| Jennifer H. Weddle |
Nothing Nefarious: the Federal Legal and Historical Predicate for Tribal Sovereign Lending |
61-APR Federal Lawyer 58 (April, 2014) |
Indian tribes are exercising their sovereignty. They continue to provide for their citizens, using the resources available to them to subsist and build their economies. This is nothing new, yet, a controversy exists because some do not like one particular mechanism of tribes' sovereign action--in this case making short-term, small-denomination... |
2014 |
Yes |
| Jeremiah Chin |
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, and the Colonial Feedback Loop |
47 John Marshall Law Review 1227 (Summer, 2014) |
I. Introduction. 1228 II. Conflict in Context: Historical origins of Cherokee Freedmen and Pending Litigation. 1230 A. Slavery and Reconstruction in the Cherokee Nation and the United States. 1231 1. Slavery in the Cherokee Nation and the beginnings of African enslavement. 1231 2. Removal and Civil War Alliances. 1234 3. Cherokee by Blood and the... |
2014 |
Yes |
| K-Sue Park, Department of Rhetoric, University of California, Berkeley |
Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism. By N. Bruce Duthu. New York: Oxford University Press, 2013. 234 Pp. $35.00 Cloth |
48 Law and Society Review 692 (September, 2014) |
American Indian tribal sovereignties and U.S. constitutional democracy do coexist, however fraught their relationship, as institutions, communities, and practices. In relation to one another, the United States is the dominant power; its law paradoxically recognizes that tribal sovereignty predates that of the United States, yet claims plenary, or... |
2014 |
Yes |
| Matthew Deisen |
State v. Jim: a New Era in Washington's Treatment of the Tribes? |
38 American Indian Law Review 101 (2013-2014) |
I. Introduction. 101 II. Background. 105 A. The Treaty. 107 B. Treaty Interpretation. 112 C. Fishing Sites and the Right of Access. 114 III. Enemy of the State: A History of Washington and Its Tribes. 117 A. Washington, Tribes, and Fish. 118 B. State v. Jim. 122 IV. Criminal Jurisdiction in Indian Country. 124 A. The Federal/Tribal Relationship.... |
2014 |
Yes |
| David Y. Kwok |
Taxation Without Compensation as a Challenge for Tribal Sovereignty |
84 Mississippi Law Journal 91 (2014) |
Introduction. 92 I. Background on State and Tribal Taxation of Commodities. 95 A. State Taxation of an Indian Tribe on Indian Land Is Generally Impermissible. 96 B. State Taxation of Non-Indian Parties on Indian Land May Be Permissible. 100 C. State Taxation of a Non-Indian Party on Non-Indian Land Is Permissible. 102 II. The Limits of Legal... |
2014 |
Yes |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| R. Patrick Springer |
A Better Way: Rethinking Sb 123 Probationary Drug Treatment in Kansas |
62 University of Kansas Law Review 1365 (June, 2014) |
There is no denying that drug abuse and addiction have plagued our nation's criminal justice system. Drugs have not only destroyed the lives of millions of Americans, but have also propagated a host of offenses across the criminal spectrum. Today, an enormous share of inmates across the country report histories of drug use. Kansas inmates are no... |
2014 |
|
| Carl Hollan |
A Broken System: Failures of the Religious Regulatory System in the People's Republic of China |
2014 Brigham Young University Law Review 733 (2014) |
The system for regulating religion in the People's Republic of China (PRC or China) has faced increasing domestic and international criticism in recent years. However, there has been little, if any, improvement in the regulation or protection of religious freedoms in the PRC during the past decades. This failure to act in the face of increased... |
2014 |
|
| Samuel Spital |
A Doctrine of Sameness, Not Federalism: How the Supreme Court's Application of the "Equal Sovereignty" Principle in Shelby County v. Holder Undermines Core Constitutional Values |
34 Northern Illinois University Law Review 561 (Summer, 2014) |
I. Introduction. 561 II. From Reconstruction to Shelby County. 563 A. the voting rights act of 1965. 565 B. the 1970, 1975, and 1982 reauthorizations. 567 C. the 2006 reauthorization. 568 D. northwest austin v. holder. 571 E. shelby county v. holder. 572 III. Equality as sameness, federalism, and the separation of Powers. 573 A. the court's... |
2014 |
|
| David A. Koplow |
A Nuclear Kellogg-briand Pact: Proposing a Treaty for the Renunciation of Nuclear War as an Instrument of National Policy |
42 Syracuse Journal of International Law and Commerce 123 (Fall, 2014) |
Si vis pacem, para bellum (If you want peace, prepare for war) - Roman adage Si vis pacem, para pacem (If you want peace, prepare for peace) - Inscription on the ceremonial pen used to sign the Kellogg-Briand Pact INTRODUCTION. 124 I. PARSING THE TEXT OF THE KELLOGG-BRIAND PACT. 127 II. THE ANTECEDENTS AND SEQUELAE OF KELLOGG-BRIAND. 132 A.... |
2014 |
|
| Ligia M. De Jesús |
A Pro-choice Reading of a Pro-life Treaty: the Inter-american Court on Human Rights' Distorted Interpretation of the American Convention on Human Rights in Artavia v. Costa Rica |
32 Wisconsin International Law Journal 223 (Summer 2014) |
Introduction. 224 I. The Artavia Court's Pro-Choice Persuasion. 226 II. The Artavia Court 's Improper Use of International Norms of Treaty Interpretation in Interpreting Article 4(1) on the Right to Life from Conception. 229 A. Definition of Conception as Implantation. 229 1. The Court's Departure from the Ordinary Meaning Rule. 230 2. State... |
2014 |
|
| Robyn Rose |
A Special Purpose: the Migratory Bird Treaty Act and Wind Energy |
55 Natural Resources Journal 205 (Fall 2014) |
The Migratory Bird Treaty Act (MBTA), almost a century old, incites disagreement between conservationists, wind energy developers, and the courts. The MBTA protects over 800 bird species but unlike other conservation laws, the MBTA and its regulations do not provide for incidental takes (an unintentionally caused bird death or injury). In the... |
2014 |
|
| Paul Horwitz |
A Troublesome Right: the "Law" in Dworkin's Treatment of Law and Religion |
94 Boston University Law Review 1225 (July, 2014) |
Ronald Dworkin's final book, Religion Without God, is a gloriously compact treatment of a massive subject. Perhaps the massive subject. Its first sentence is, The theme of this book is that religion is deeper than God. The last chapter is titled Death and Immortality. This is, in short, a book about eternity and the human condition. These are... |
2014 |
|
| Sam F. Halabi |
Abstention, Parity, and Treaty Rights: How Federal Courts Regulate Jurisdiction under the Hague Convention on the Civil Aspects of International Child Abduction |
32 Berkeley Journal of International Law 144 (2014) |
In 2010, the US Supreme Court decided a child custody case, Abbott v. Abbott, despite its traditional preference that state law and state courts handle family law matters. In that case, the Supreme Court resolved a specific issue with respect to child custody: whether or not a term in a custodial decree giving a noncustodial parent the right to... |
2014 |
|
| James L. Cresswell, Jr. |
Applying the Discretionary Function Exception to the Waiver of Sovereign Immunity in Airport Litigation |
79 Journal of Air Law and Commerce 665 (Fall 2014) |
I. INTRODUCTION. 666 II. THE HISTORY OF SOVEREIGN IMMUNITY IN THE UNITED STATES. 667 III. APPLICATION OF SOVEREIGN IMMUNITY TO PUBLIC AIRPORTS PRIOR TO THE PASSAGE OF THE FEDERAL TORT CLAIMS ACT AND THE CORRESPONDING STATE STATUTES. 668 IV. THE WAIVER OF SOVEREIGN IMMUNITY BY THE FEDERAL GOVERNMENT AND THE STATES. 669 A. The Semantic Approach. 671... |
2014 |
|
| Mark J. Cowan |
Assignment of Income at the Ivory Tower: Relaxing the Tax Treatment of Services Donated to Charities by Their Employees |
40 Journal of College and University Law U.L. 1 (2014) |
I. Introduction. 3 A. Illustrating the Problem: The Tax Education of Professor Flinty. 3 B. The Problem of Donated Services. 5 II. Charitable Contributions in General. 6 III. The Current Tax Treatment of Donated Services. 13 A. First Possibility: No Income/No Deduction. 13 B. Second Possibility: Imputed Income/Deduction. 17 1. Assignment in the... |
2014 |
|
| Garrett Davey |
Barbara Cosens, the Columbia River Treaty Revisited: Transboundary River Governance in the Face of Uncertainty |
17 University of Denver Water Law Review 358 (Spring 2014) |
Oregon State University Press (2012); 455 pp; ISBN 978-0870716911; paperback. In 1964, after nearly twenty years of negotiation, Canada and the United States began implementing the Columbia River Treaty (CRT) in an effort to control floodwaters and harness the energy potential of the Columbia River. Barbara Cosens's edited collection of essays,... |
2014 |
|
| Michael Welsh |
Betting on State Equality: How the Expanded Equal Sovereignty Doctrine Applies to the Commerce Clause and Signals the Demise of the Professional and Amateur Sports Protection Act |
55 Boston College Law Review 1009 (May, 2014) |
Abstract: In recent years, the U.S. Supreme Court revived the long-dormant equal sovereignty doctrine, which states that the federal government cannot enact legislation that renders states unequal in power, dignity, and authority. Although the doctrine historically applied only in the context of states entering the Union, in the 2013 case Shelby... |
2014 |
|
| Candace Farmer |
Can the U.s. Use a Reservation to Alleviate Sovereignty Concerns Regarding the Convention on the Rights of Persons with Disabilities? |
43 Georgia Journal of International and Comparative Law 249 (Fall, 2014) |
I. Introduction. 250 II. Brief Background of the CRPD. 252 III. The United States and the CRPD: A History. 255 IV. The United States Ratification Debate. 257 A. The Foundations of the Anti-Ratification Argument. 257 B. The Anti-Ratification Argument Relating Specifically to the CRPD. 264 C. The Pro-Ratification Argument: A Different Spin on Treaty... |
2014 |
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| Sarah M. Manchak , Jennifer L. Skeem, Karen S. Rook , University of Cincinnati School of Criminal Justice, University of California, Irvine |
Care, Control, or Both? Characterizing Major Dimensions of the Mandated Treatment Relationship |
38 Law and Human Behavior 47 (2014) |
Current conceptualizations of the therapeutic alliance may not capture key features of therapeutic relationships in mandated treatment, which may extend beyond care (i.e., bond and affiliation) to include control (i.e., behavioral monitoring and influence). This study is designed to determine whether mandated treatment relationships involve greater... |
2014 |
|
| Karen Zivi |
Chapter 9 the Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign |
29 IUS Gentium 173 (2014) |
What does the new South Africa tell us about the state of African legal theory in the twenty-first century? Is this post-apartheid nation a political miracle? Is it evidence of the triumph of the human spirit and a revolution in law and practice? Is it a model to be followed by other African nations? For those who focus on the fact that South... |
2014 |
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| |
China Guidance on Cross-border Reorganizations Subject to Special Tax Treatment |
25 Journal of International Taxation 11 (April, 2014) |
On December 12, 2013, China's State Administration of Taxation (SAT) released Announcement [2013] No. 72, which provides additional guidance and clarification on cross-border reorganization transactions subject to special tax treatment, i.e., deferral of capital gains tax. It also clarifies cross-border share transfer transactions of a Chinese... |
2014 |
|
| Won Kidane, Weidong Zhu |
China-africa Investment Treaties: Old Rules, New Challenges |
37 Fordham International Law Journal 1035 (May, 2014) |
INTRODUCTION. 1036 I. CHINESE AND AFRICAN CONCEPTIONS OF THE ORDERING OF ECONOMIC AFFAIRS BY LAW. 1041 A. The Conception of Law and Legal Obligations in China. 1041 B. The Conceptions of Law and Legal Obligations in Africa. 1043 C. The Ordering of China-Africa Economic Relations by Law: Contemporary Efforts. 1045 II. THE DOCTRINAL FOUNDATION AND... |
2014 |
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| John King Gamble , Lauren Kolb, Casey Graml |
Choice of Official Text in Multilateral Treaties: the Interplay of Law, Politics, Language, Pragmatism and (Multi)-nationalism |
12 Santa Clara Journal of International Law 29 (2014) |
I. Introduction. 31 II. The Legal, Political and Historical Contexts of Language. 36 III. Language Behavior as Seen Through the CSDMT. 43 IV. Summary and Prognostications. 52 This article examines all multilateral treaties signed from 1500 until 2000 (more than 6,000) in order to analyze trends and patterns in choice of official texts (languages).... |
2014 |
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| Jean Galbraith |
Congress's Treaty-implementing Power in Historical Practice |
56 William and Mary Law Review 59 (October, 2014) |
Historical practice strongly influences constitutional interpretation in foreign relations law, including most questions relating to the treaty power. Yet it is strikingly absent from the present debate over whether Congress can pass legislation implementing U.S. treaties under the Necessary and Proper Clause. Drawing on previously unexplored... |
2014 |
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| Sarah Longhofer |
Contracting Away Sovereignty: the Case of Brazil, Fifa, and the Agreement for the Right to Host the 2014 World Cup |
23 Transnational Law & Contemporary Problems 147 (Spring 2014) |
I. Introduction. 147 II. Factual Background: The Hosting Agreement in Context. 149 A. The Fédération Internationale de Football Association. 149 B. Brazil. 151 C. The World Cup. 152 III. Analysis of the Hosting Agreement. 155 A. Formation of the Agreement. 155 B. Structure of the Agreement. 157 C. Impact of the Agreement - Current Controversies.... |
2014 |
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| Ashley R. Fiest |
Defining the Wingspan of the Migratory Bird Treaty Act |
47 Akron Law Review 587 (2014) |
I. Introduction. 587 II. Background of the MBTA. 589 A. Early History of Bird Conservation. 590 B. The MBTA as the Solution. 591 III. The Problem. 594 A. Conflict Among the Courts. 594 B. Two Cases with Two Different Interpretations. 596 IV. Solving the MBTA Issue. 599 A. Interpretation of the MBTA. 599 1. Strict Liability. 600 2. Incidental... |
2014 |
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