AuthorTitleCitationSummaryYearKey Terms
Ronald Turner Disparate Treatment: Justice Clarence Thomas's Conspicuously Nonoriginalist Affirmative Action Jurisprudence 19 Texas Journal on Civil Liberties & Civil Rights 251 (Spring, 2014) I. Introduction and Overview. 251 II. The Moral and Constitutional Equivalence Argument. 256 III. The Stigma Argument. 267 IV. Invoking Icons. 273 V. Conclusion: Clarence Thomas and Justice Clarence Thomas. 280 2014  
Edward N. Krakauer Divergent Paths, Similar Results: How African Asylum Seekers Have Been Failed in Both Israel and Malta Despite Varying Procedures and Treatment 21 University of Miami International and Comparative Law Review 265 (Spring, 2014) I. The Troubles in Eritrea, Sudan, and Somalia. 267 II. The Relevant Provisions of the United Nations Convention and Protocol Relating to the Status of Refugees. 271 III. The History of Refugees in Israel. 273 IV. The Present Status of Refugees in Israel. 279 V. Overturning of Amendment No. 3 to the PreBvention of Infiltration Law. 282 VI.... 2014  
Adam J. Adler Dual Sovereignty, Due Process, and Duplicative Punishment: a New Solution to an Old Problem 124 Yale Law Journal 448 (November, 2014) The Double Jeopardy Clause prohibits the government from prosecuting or punishing a defendant multiple times for the same offense. Double jeopardy protections, however, come with a major exception. Under the dual sovereignty doctrine, different sovereign states can prosecute a defendant multiple times for the same offense. This Note argues that the... 2014  
Michael H. Davis Excluding Patentability of Therapeutic Methods, Including Methods Using Pharmaceuticals, for the Treatment of Humans under Trade Related Aspects of Intellectual Property Rights Article 27(3)(A) 43 Hofstra Law Review 185 (Fall, 2014) The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), the General Agreement on Tariffs and Trade (GATT), and the World Trade Organization (WTO) debacle has radically altered the traditional ability of nations to adopt whatever patent regime seems appropriate to them. Instead, TRIPS requires all member nations, even... 2014  
Curtis A. Bradley, Of the Board of Editors Federalism, Treaty Implementation, and Political Process: Bond v. United States 108 American Journal of International Law 486 (July, 2014) In Bond v. United States, the U.S. Supreme Court disallowed the prosecution of a domestic poisoning case under legislation that implements the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction. In doing so, a majority of the Court declined to address constitutional issues... 2014  
Eteena J. Tadjiogueu Fifty Shades of Black: Challenging the Monolithic Treatment of "Black or African American" Candidates on Law School Admissions Applications 44 Washington University Journal of Law & Policy 133 (2014) Law school applicants who identify as Black or African American are afforded little opportunity to identify more specifically their ancestral or cultural heritage, if it is known, on law school admissions applications. Seemingly, some law schools have not found it necessary to allow certain groups, such as Haitian Americans, Black Britons,... 2014  
Y. Frank Ren Fixing Fourteenth Amendment Enforcement Power: an Argument for a Rebuttable Presumption in Favor of Congressional Abrogation of State Sovereign Immunity 94 Boston University Law Review 1459 (July, 2014) Introduction. 1459 I. The Congruence and Proportionality Test. 1461 A. The Scope of Congress's Fourteenth Amendment Enforcement Power. 1462 B. The Tiers of Scrutiny and Their Effect on Congruence and Proportionality. 1464 C. The Relationship Between State Sovereign Immunity and Congruence and Proportionality. 1468 II. The Pitfalls of the Congruence... 2014  
Nora Y.S. Ali For Better or for Worse? The Forced Marriage of Sovereignty and Self-determination 47 Cornell International Law Journal 417 (Spring 2014) Introduction. 417 I. The Struggle for Independence in Somaliland. 420 A. Creation of Greater Somalia . 420 B. Collapse of Somalia and Rise of Somaliland. 423 II. Sovereignty. 424 A. Origins of Sovereignty. 424 B. Modern Approach to Sovereignty in Globalized World. 425 III. Right to Self-Determination. 426 A. Development of the Right to... 2014  
James Blacksher , Lani Guinier Free at Last: Rejecting Equal Sovereignty and Restoring the Constitutional Right to Vote Shelby County v. Holder 8 Harvard Law & Policy Review 39 (Winter 2014) The Supreme Court's decision in Shelby County v. Holder revitalizes the oldest and most demeaning official insult to African Americans in American constitutional history. Written by Chief Justice Roberts, the majority opinion relies on an unwritten principle that Roberts calls states' equal sovereignty to justify the Court's decision to topple a... 2014  
Oliver T. Gilbert Global Analytical Lessons for Evaluating a Myanmar Sovereign Wealth Fund 23 Pacific Rim Law & Policy Journal 579 (June, 2014) Abstract: After decades of international condemnation, Myanmar, also known as Burma, has initiated rapid political, economic, and legal reforms. In recognition of these reforms, Western governments have broadly curtailed longstanding sanctions against investing in Myanmar. This sudden opportunity for foreign companies to extract Myanmar's plentiful... 2014  
Ann Woolhandler Governmental Sovereignty Actions 23 William & Mary Bill of Rights Journal 209 (October, 2014) In Arizona v. United States, the federal government sued to enjoin enforcement of Arizona's immigration laws on preemption grounds. And in Virginia ex rel. Cuccinelli v. Sebelius, the state attorney general argued that the state had standing to challenge the Affordable Care Act because it would unconstitutionally preempt a state law disallowing... 2014  
Matthew Steffes Implications for the Mille Lacs Lake Fishery with Continued Enforcement of the 1837 Treaty of St. Peters 35 Hamline Journal of Public Law and Policy 367 (Spring, 2014) Mille Lacs Lake, which spans three counties in central Minnesota, has a long tradition of being one of the best lakes in Minnesota for catching walleye. Mille Lacs Lake has gained national recognition for being a fishing destination for the large quantity and size of walleye the lake produces. Yet recent reports from the Minnesota Department of... 2014  
Dan Sarooshi Investment Treaty Arbitration and the World Trade Organization: What Role for Systemic Values in the Resolution of International Economic Disputes? 49 Texas International Law Journal 445 (Summer 2014) Introduction. 445 I. Systemic Values in the WTO. 446 II. Dispute Settlement and National Regulations Relating to the Environment. 450 III. The Applicable Law Used to Resolve Disputes. 454 IV. The Issue of Remedies Before ICSID Tribunals and the WTO. 460 V. The Issue of Amicus Curiae Submissions. 464 Conclusion. 466 The World Trade Organization... 2014  
Peter Jan Honigsberg Linguistic Isolation: a New Human Rights Violation Constituting Torture, and Cruel, Inhuman and Degrading Treatment 12 Northwestern Journal of International Human Rights 22 (Winter, 2014) Sixteen-year-old Uzbek, Sunnat (not his real name), was seized in Afghanistan following the attacks on September 11, 2001. He was transported to the detention center in Guantanamo Bay, Cuba in 2002. After interrogating him over a period of several months, the United States government understood that he was not a threat. Nevertheless, the U.S. could... 2014  
Alexander K. Obrecht Migrating Towards an Incidental Take Permit Program: Overhauling the Migratory Bird Treaty Act to Comport with Modern Industrial Operations 54 Natural Resources Journal 107 (Spring 2014) In 1918, Congress passed the Migratory Bird Treaty Act (MBTA) to curb mass avian extermination caused by hunting and poaching. Despite Congress's initial concern with these activities, the U.S. Fish and Wildlife Service (FWS) expanded the scope of MBTA enforcement to include bird deaths caused by industrial activities. This created a glaring split... 2014  
Nathaniel Koppel Nails in the Coffin of the Vampire: Personal Sovereign Immunity and its Timely but Incomplete Death 2014 University of Illinois Law Review 1293 (2014) Judicial power has been a major factor in the curtailing of individual rulers being criminally immune for their actions. Such power has been exercised by courts of both nation and international origin, such as the International Criminal Tribunal for Rwanda or the International Criminal Court. The immunity this Note discusses must be differentiated... 2014  
Matt Kalthoff Out of Sight, out of Mind: Confronting the Legal, Economic and Social Issues Raised by Major League Baseball's Peculiar Treatment of Foreign Talent 29 Connecticut Journal of International Law 353 (Spring, 2014) The drama that unfolds each year on big league baseball diamonds is enabled by an equally dramatic process behind the scenes. Champions are built by front offices that identify and acquire premier talent without overspending. To this end, Major League Baseball teams have dispatched scouts to the Dominican Republic for the last six decades to load... 2014  
Lorelei Laird Paper Terrorists 100-MAY ABA Journal 52 (May, 2014) the Atta family locked up their Temecula, Calif., home and went on vacation in 2012. While they were gone, Victor Cheng moved in. Cheng had owned the home before the Attas, but he lost it in foreclosure. Nonetheless, he filed a fraudulent deed with the county recorder's office, transferred the utilities into his name and even tried to evict the... 2014  
Lucy E. Salyer, University of New Hampshire Patrick Weil, the Sovereign Citizen: Denaturalization and the Origins of the American Republic, Philadelphia: University of Pennsylvania PrĂ©ss, 2013. Pp. 296. $34.95 Paper (Isbn 978-0-8122-2212-8). Doi:10.1017/s0738248014000388 32 Law and History Review 724 (August, 2014) In 1933, Emma Goldman observed that the essential significance of the idea of country, of citizenship was the possession of a certain guarantee of security, the assurance of having some spot you can call your own and that no one can alienate from you. Divested of that, it becomes sheer mockery (2). Goldman spoke from bitter experience. In 1909,... 2014  
Sanford Levinson Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program 123 Yale Law Journal 2644 (June, 2014) The very title of Bruce Ackerman's now three-volume masterwork, We the People, signifies his commitment to popular sovereignty and, beyond that, to the embrace of democratic inclusion as the leitmotif of American constitutionalism. But popular sovereignty, not to mention democracy, has many conceptions, and there is a tension within Ackerman's... 2014  
Brook Thomas Reconstructing the Limits of Schmitt's Theory of Sovereignty: a Case for Law as Rhetoric, Not as Political Theology 4 UC Irvine Law Review 239 (March, 2014) The act of metaphor then was a thrust at truth and a lie, depending where you were: inside, safe, or outside, lost. Oedipa did not know where she was. I.. 239 II.. 243 III.. 248 IV.. 254 V.. 257 VI.. 268 An essay written in the United States today with sovereignty in the title is almost obligated to mention, as I am about to, Carl Schmitt. That... 2014  
Jacqueline Neumann Redefining the Modern Circus: a Comparative Look at the Regulations Governing Circus Animal Treatment and America's Neglect of Circus Animal Welfare 36 Whittier Law Review 167 (Fall, 2014) All of us have an inherent love of the circus. It awakens in our prosaic hearts memories of childish excursions into the enchanted realms of Sawdust Land. - Percy W. White Circuses are not as they seem. Dancing elephants are heart-broken mothers whose babies were stripped from them just seconds after they gave birth. The tasseled batons of circus... 2014  
Jennifer Ann Drobac , Jill L. Wesley Religion and Employment Antidiscrimination Law: Past, Present, and Post Hosanna-tabor 69 New York University Annual Survey of American Law 761 (2014) Introduction. 762 I. Causes of Action Available to Employees. 764 A. First Amendment Employment Discrimination Claims. 765 1. Possible Court Bias Against Minority Religious Adherents and the Tension with the Establishment Clause Implicated in Free Exercise Claims. 768 2. Free Exercise and Establishment Clause Issues in Unemployment Benefits Cases.... 2014  
Stephanie Hall Barclay Retained by the People: Federalism, the Ultimate Sovereign, and Natural Limits on Government Power 23 William & Mary Bill of Rights Journal 257 (October, 2014) Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states' rights has increasingly become a rallying cry for lawmakers that has gained... 2014  
Michael S. Kirsch Revisiting the Tax Treatment of Citizens Abroad: Reconciling Principle and Practice 16 Florida Tax Review 117 (2014) In an increasingly mobile world, the taxation of citizens living abroad has taken on increased importance. Recent international administrative developments-most notably, the weakening of foreign bank secrecy and expansion of global information sharing norms-have further raised the profile of this issue. While U.S. law traditionally has taxed U.S.... 2014  
Simanti Dasgupta , University of Dayton Sovereign Silence: Immoral Traffic (Prevention) Act and Legalizing Sex Work in Sonagachi 37 PoLAR: Political and Legal Anthropology Review 109 (May, 2014) Drawing upon ethnographic work with a grassroots sex workers' organization in Calcutta, Durbar Samanwaya Samiti (Durbar), this article analyzes the relationship between subalternity and silence. I discuss how sex workers, especially new entrants, use silence as a subaltern strategy to resist state and non-state surveillance intended to oppose... 2014  
Christian Hofmann Sovereign-debt Restructuring in Europe under the New Model Collective Action Clauses 49 Texas International Law Journal 385 (Spring 2014) The Article introduces the Common Terms of Reference (CTR) for Collective Action Clauses (CACs) that have been a mandatory part of the contract terms for all sovereign-bond issues of all eighteen euro-zone members since 2013. This includes all bond issues by economic and financial heavyweights such as Germany and France. By harmonizing these CTRs,... 2014  
Patrice H. Kunesh Sovereignty Gravitas 61-APR Federal Lawyer 30 (April, 2014) The experience of tribal sovereignty and the manner in which it is exercised, the gravitas of sovereignty, is the best indicator of the future of Indian Country. While all tribes have the authority to govern, many may not have realized the gravitas of that sovereignty. Tribes can enhance gravitas and provide prosperity using a four-pronged... 2014  
Polly J. Price Sovereignty, Citizenship, and Public Health in the United States 17 NYU Journal of Legislation and Public Policy 919 (2014) Sovereign boundaries, state borders, and distinctions between citizens and non-citizens undermine public health in the United States in a number of ways. For historical reasons, we are prone to view immigration and public health as separate interests, but they are in fact convergent. Historically, federal authority over immigration alleviated costs... 2014  
Anthea Roberts State-to-state Investment Treaty Arbitration: a Hybrid Theory of Interdependent Rights and Shared Interpretive Authority 55 Harvard International Law Journal L.J. 1 (Winter 2014) Most investment treaties contain two dispute resolution clauses: one permitting investor-state arbitration for investment disputes and the other permitting state-to-state arbitration for disputes concerning the treaty's interpretation and/or application. Despite this duality, the potential role of state-to-state arbitration, and its proper... 2014  
Sonya Baskerville, Charles R. Sensiba, Gabriel Tabak The Columbia River Treaty at 50: Looking Back, Looking Ahead 45 ABA Trends 13 (July/August, 2014) Fifty years ago, the United States and Canada transformed power production and flood control in the Columbia River Basin. Following two decades of studies and negotiations, as well as devastating flooding in 1948, the Columbia River Treaty (CRT or Treaty) authorized the construction and operation of a series of storage dams and established an... 2014  
Henok Gabisa The Fate of International Human Rights Norms in the Realm of Bilateral Investment Treaties (Bits): Has Humanity Become a Collateral Damage? 48 International Lawyer 153 (Fall 2014) Since the end of 1950s, Bilateral Investment Treaties (BITs) have become the most important legal instrument in the orb of international investment law. These treaties offer the highest legal protection to investors' property rights. They do so by listing out standards, e.g., substantive rights of investment treatment, in foreign countries. While... 2014  
Travis Gunn The Fourteenth Amendment: a Structural Waiver of State Sovereign Immunity from Constitutional Tort Suits 35 Northern Illinois University Law Review 71 (Fall, 2014) Abstract. 72 Introduction. 73 I. State Sovereign Immunity and the Constitution. 76 A. A TRUNCATED REVIEW OF SOVEREIGN IMMUNITY, THE STATES, AND THE CONSTITUTION. 79 B. INTERPRETING AND APPLYING THE ELEVENTH AMENDMENT. 82 C. THE MODERN IMMUNITY THEORY. 85 1. Seminole Tribe of Florida v. Florida. 86 2. Alden v. Maine. 89 3. Central Virginia Community... 2014  
Caitlin O'Leary The New Ice Age: the Dawn of Arctic Shipping and Canada's Fight for Sovereignty over the Northwest Passage 46 University of Miami Inter-American Law Review 117 (Fall 2014) I. Introduction II. Canada's Claim to the Northwest Passage. 119 III. Applicable Law. 120 a. The United Nations Convention on the Law and Sea. 120 b. Arctic Council. 123 c. 1988 Cooperation Agreement. 124 IV. Russia's Arctic Example. 125 V. Why Canada Needs to Take Control. 127 a. Benefits of Arctic Shipping. 127 b. Environmental Risks. 128 c.... 2014  
Aram A. Gavoor The Sovereign Citizen: Denaturalization and the Origins of the American Republic by Patrick Weil University of Pennsylvania Press, Philadelphia, Pa, 2013. 285 Pages, $34.95 61-NOV Federal Lawyer 82 (October/November, 2014) United States citizens should feel comfortable in their status as citizens. In The Sovereign Citizen, Patrick Weil shows how citizenship used to be provisional, qualified, and insecure, but now is unconditionally guaranteed. With the Supreme Court's decision in Afroyim v. Rusk, 387 U.S. 253 (1967), the concept of the sovereign citizen became... 2014  
Diane P. Wood The Structure of Sovereignty 18 Lewis & Clark Law Review 215 (2014) The concept of sovereignty is ubiquitous, but its complexities are often under-explored. A nuanced understanding of sovereignty is critical to answering the most fundamental questions of legal legitimacy. To truly understand what sovereignty is and the centrality of its role in legal systems, one must also examine the corollary doctrine of... 2014  
Janna Promislow Treaties in History and Law 47 U.B.C. Law Review 1085 (October, 2014) Treaties between the Crown and Indigenous peoples are, according to Canadian jurisprudence, historical phenomena. To identify particular treaty rights, the jurisprudence requires us to look for a historical moment of common intention. The primary constitutional significance of the treaty also emanates from this moment. The legal problem is... 2014  
Gregory C. Sisk Twilight for the Strict Construction of Waivers of Federal Sovereign Immunity 92 North Carolina Law Review 1245 (May, 2014) The government of the United States has long benefited from two canons of statutory construction that tip the scales of justice heavily in its direction in civil litigation by those seeking redress of harm by that government: First, the federal government's consent to suit must be expressed through unequivocal statutory text. Second, even when a... 2014  
Abigail B. Molitor Understanding Equal Sovereignty 81 University of Chicago Law Review 1839 (Fall 2014) Not only do States retain sovereignty under the Constitution, there is also a fundamental principle of equal sovereignty among the States. Shelby County v Holder [Equal sovereignty] is a principle of constitutional law of which I had never heard--for the excellent reason that . . . there is no such principle. Judge Richard Posner The Supreme... 2014  
Marc Morris United in Diversity, Divided by Sovereignty: Hybrid Financing, Thin Capitalization, and Tax Coordination in the European Union 31 Arizona Journal of International and Comparative Law 761 (Fall, 2014) C1-2Table of Contents I. Introduction. 762 II. History of the Economic Union. 765 A. The Marshall Plan. 766 B. The Treaty of Paris and the ECSC. 767 C. The Treaty of Rome and the Four Freedoms. 768 D. Eurosclerosis & Increasing Global Competition. 770 E. The Single Market and the EC. 771 F. The E.U. Emerges. 772 III. Merging Governments and... 2014  
Ryan Greenwood War and Sovereignty in Medieval Roman Law 32 Law and History Review 31 (February, 2014) The theory of just war in medieval canon law and theology has attracted to it a large body of scholarship, and is recognized as an important foundation for Western approaches to the study of ethics in war. By contrast, the tradition on war in medieval Roman law has not received much attention, although it developed doctrines that are distinct from... 2014  
Sean Clark, James McGuire, Jessica Blue-Howells What Can Family Courts Learn from Veterans Treatment Courts? 52 Family Court Review 417 (July, 2014) While there is considerable awareness of Servicemembers and veterans in contact with the criminal justice system, it is unclear to what extent they, and their readjustment issues, have surfaced in family courts across the country. Veterans Treatment Courts (VTCs) routinely encounter veteran defendants' family issues that could be addressed in a... 2014  
David A. Koplow What Would Zero Look Like? A Treaty for the Abolition of Nuclear Weapons 45 Georgetown Journal of International Law 683 (2014) Nuclear disarmament--the comprehensive, universal, and permanent abolition of all nuclear weapons, pursuant to a verifiable, legally binding international agreement--has long been one of the most ambitious, controversial, and urgent items on the agenda for arms control. To date, however, most of the discussion of getting to zero has highlighted... 2014  
Josephine (Jo) R. Potuto , William H. Lyons , Kevin N. Rask What's in a Name? The Collegiate Mark, the Collegiate Model, and the Treatment of Student-athletes 92 Oregon Law Review 879 (2014) Introduction 881 I. Amateurism. 887 A. Amateurism Redux. 887 B. Amateurism on Campus and the NCAA. 889 II. Athletic Spending and Student-Athlete Benefits. 894 A. The Campus. 895 B. The Big Money and Where It Goes. 899 C. The NCAA and Student-Athletes. 903 III. NCAA Amateurism Bylaws. 904 A. Student-Athletes. 904 B. NCAA, Conferences, and... 2014  
Heather Monasky What's Law Got to Do with It?: an Overview of Cedaw's Treatment of Violence Against Women and Girls Through Case Studies 2014 Michigan State Law Review 327 (2014) C1-2Table of Contents Introduction. 327 I. History of CEDAW and VAWG. 330 A. General Overview. 330 B. Evolution of VAWG and CEDAW. 331 C. The Optional Protocol to CEDAW. 335 D. Due Diligence. 335 II. Women's Movements' Strategic Use of CEDAW. 336 III. Case Studies Using CEDAW to Address VAWG. 339 A. The Missing and Murdered Aboriginal Women in... 2014  
George K. Foster When Commercial Meets Sovereign: a New Paradigm for Applying the Foreign Sovereign Immunities Act in Crossover Cases 52 Houston Law Review 361 (Fall 2014) Lawsuits against foreign states in American courts can be a vital avenue for vindicating the plaintiffs' rights or enforcing U.S. law, but inherently raise foreign relations risks. Congress and the Executive Branch attempted to balance these considerations when adopting the Foreign Sovereign Immunities Act (FSIA), which creates a general rule that... 2014  
Ruqaiijah Yearby When Is a Change Going to Come?: Separate and Unequal Treatment in Health Care Fifty Years after Title Vi of the Civil Rights Act of 1964 67 SMU Law Review 287 (Spring 2014) Our urgent responsibility is to assure adequate health care to all Americans I think that none would deny that consideration of race or color has no place with regard to the ailing body or the healing hand. --Anthony J. Celebrezze, Secretary of Health, Education, and Welfare (March 9, 1964) ON June 19, 1963, when the Civil Rights Act was first... 2014  
Meena Miriam Yust Wings Without Borders: the Case for a Migratory Insect Treaty to Aid Monarch Butterflies 46 Case Western Reserve Journal of International Law 711 (Spring, 2014) For hundreds of years, migratory birds have been protected through treaties, yet that same protection has not been afforded to migratory butterflies. Monarch butterflies in particular are known for migrating over 3,000 miles through multiple generations from Mexico to the U.S. and Canada. Their population has been declining significantly over the... 2014  
Hope M. Babcock [This] I Know from My Grandfather: the Battle for Admissibility of Indigenous Oral History as Proof of Tribal Land Claims 37 American Indian Law Review 19 (2012-2013) A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing.... 2013 Yes
Benjamin A. Kahn A Pl Native Sovereignty Through Statehood and Political Participation 53 Natural Resources Journal J. 1 (Spring 2013) This article addresses the efforts of American Indians and the Maori in New Zealand to resolve natural resource disputes and preserve sovereignty through statehood movements and other forms of political participation. This is the third installment in a series published by Stanford University and the University of California Davis on the efforts of... 2013 Yes
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