| Author | Title | Citation | Summary | Year | Key Terms |
| BJ Jones , Christopher J. Ironroad |
Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: a Tribal Sovereignty Approach |
89 North Dakota Law Review 53 (2013) |
Native Americans in the Dakotas can receive criminal sentences in federal courts that are harsher than sentences meted out for similar conduct in state courts. The reason for this is the historical role the federal government has played in determining justice issues in tribal communities. Although the federal government oftentimes sought tribal... |
2013 |
Yes |
| Zachary S. Price |
Dividing Sovereignty in Tribal and Territorial Criminal Jurisdiction |
113 Columbia Law Review 657 (April, 2013) |
In both federal Indian law and the law regarding United States territories, the Supreme Court in recent decades has shown increasing skepticism about previously tolerated elements of constitutionally unregulated local governmental authority. This Article proposes a framework for resolving constitutional questions raised by the Court's recent cases... |
2013 |
Yes |
| Paul Van Olson |
Fox-hunting the Conscience of the King into a Shallow Grave: Sovereign Immunity and Discovery as Applied to Indian Tribes in Alltel Communications, L.l.c. v. Dejordy and its Implications for Discovery Practice |
58 South Dakota Law Review 405 (2013) |
In Alltel Communications, L.L.C., v. DeJordy, the Eighth Circuit Court of Appeals quashed third-party subpoenas issued to tribal officials of the Oglala Nation of the Pine Ridge Indian Reservation. The Eighth Circuit found tribal immunity from suit provided a basis to quash. In doing so, the Eighth Circuit confronted the concept of sovereign... |
2013 |
Yes |
| Breann Swann Nu'uhiwa |
Government of the People, by the People, for the People: Cultural Sovereignty, Civil Native Hawaiian Governance |
14 Asian-Pacific Law and Policy Journal 57 (2013) |
I.. Introduction 58 II.. Cultural Sovereignty 62 III.. Civil Rights in Native Hawaiian History and Tradition 65 A. Civil Rights Prior to Contact 66 B. The Displacement of Kuleana 69 C. The Native Hawaiian Response 73 D. The Persistence of Traditional Values in Contemporary Native Hawaiian Society 75 IV.. Federal Expectations Regarding Native... |
2013 |
Yes |
| Benjamin Thomas Greer |
Hiding Behind Tribal Sovereignty: Rooting out Human Trafficking in Indian Country |
16 Journal of Gender, Race and Justice 453 (Spring 2013) |
The white man's police have protected us only as well as the feathers of a bird protect it from the frosts of winter. Crowfoot, Blackfeet Chief Future generations will not excuse those who turn a blind eye to [human trafficking]. United States Secretary of State, Condoleezza Rice Native Americans are a profoundly strong and proud, however insular,... |
2013 |
Yes |
| William Wood |
It Wasn't an Accident: the Tribal Sovereign Immunity Story |
62 American University Law Review 1587 (August, 2013) |
In its latest pronouncement on the subject, the Supreme Court suggested in Kiowa Tribe of Oklahoma v. Manufacturing Technologies that tribal sovereign immunity is an accidental doctrine that developed with little analysis or reasoning. The Court, however, overlooked important history, context, and (some of its own) precedent which shows that the... |
2013 |
Yes |
| Kathryn A. Mayer |
Negotiating past the Zero-sum of Intractable Sovereignty Positions by Exploring the Potential of Possible Party Interests: a Proposed Dispute Resolution Framework for the Tobacco Tax Debacle Between the State of New York & the Seneca Nation of Indians |
28 Ohio State Journal on Dispute Resolution 771 (2013) |
In 1994, the Supreme Court declared in Department of Taxation & Finance of New York v. Milhelm Attea & Bros., Inc. that legislation passed by the State of New York imposing state taxes on cigarette sales made on Indian reservations to non-Indians was facially permissible. However, by August 13, 2010-over a decade after the Supreme Court issued its... |
2013 |
Yes |
| Heidi Kiiwetinepinesiik Stark |
Nenabozho's Smart Berries: Rethinking Tribal Sovereignty and Accountability |
2013 Michigan State Law Review 339 (2013) |
Introduction. 339 I. Sovereignty. 340 II. Contestations. 344 III. Accountability. 347 IV. Smart Berries. 353 Professor Wenona Singel, in her paper Indian Tribes and Human Rights Accountability, makes a compelling argument for reforming conventional understandings of tribal sovereignty to reflect the transformative international law principle that... |
2013 |
Yes |
| Sarah M. Block |
Richard v. United States: Government Contracts, Indian Treaties, and the Federal Circuit's Evolving Interpretation of "Bad Men" Provisions |
23 Federal Circuit Bar Journal 245 (2013) |
In April 2012, the United States Court of Appeals for the Federal Circuit issued a decision promulgating an innovative interpretation of the bad men provision found in the Treaty of Fort Laramie of 1868. In addressing a seemingly minor claim arising out of a drunk-driving accident in South Dakota, the Federal Circuit broke from its previous... |
2013 |
Yes |
| Sepideh Mousakhani |
Seeking to Emerge from Slavery's Long Shadow: the Interplay of Tribal Sovereignty and Federal Oversight in the Context of the Recent Disenrollment of the Cherokee Freedmen |
53 Santa Clara Law Review 937 (2013) |
Introduction. 938 I. Background. 939 A. Principles of Indian Law that Inform Federal-Tribal Relations. 939 1. Tribal Sovereignty. 940 2. The Plenary Powers of Congress and the Power of the Executive Branch. 941 3. Federal Judicial Review of DOI and BIA Determinations. 943 4. Tribal Sovereignty and Federal Control Over the Years. 945 5. Civil Rights... |
2013 |
Yes |
| Joseph William Singer |
Tribal Sovereignty and Human Rights |
2013 Michigan State Law Review 307 (2013) |
Introduction. 305 I. Sovereignty and Humanity. 309 II. Reason-Giving and Accountability. 314 A. Internal Versus External Accountability. 315 B. Judicial Versus Political Accountability. 317 C. Bilateral Versus Multilateral External Accountability. 319 III. An Intertribal Human Rights Tribunal. 320 Many Americans have a hard time understanding the... |
2013 |
Yes |
| J. Stanford Hays |
Twisting the Law: Legal Inconsistencies in Andrew Jackson's Native-american Sovereignty and State Sovereignty |
21 Journal of Southern Legal History 157 (2013) |
The basic principles of Native-American law pre-date the discovery of the New World and the creation of the United States Constitution. The laws that governed the Europeans when they first came in contact with the original native inhabitants were the laws of nations, based on the concept of natural rights. The theory of natural rights respected the... |
2013 |
Yes |
| J. Stanford Hays |
Twisting the Law: Legal Inconsistencies in Andrew Jackson's Native-american Sovereignty and State Sovereignty |
21 Journal of Southern Legal History 157 (2013) |
The basic principles of Native-American law pre-date the discovery of the New World and the creation of the United States Constitution. The laws that governed the Europeans when they first came in contact with the original native inhabitants were the laws of nations, based on the concept of natural rights. The theory of natural rights respected the... |
2013 |
Yes |
| Katherine Robillard |
Uncounseled Tribal Court Convictions: the Sixth Amendment, Tribal Sovereignty, and the Indian Civil Rights Act |
2013 University of Illinois Law Review 2047 (2013) |
Tribal courts tasked with the prosecution of Native American defendants are not constrained by many Constitutional provisions, including the Sixth Amendment right to counsel in criminal proceedings. Currently, the Indian Civil Rights Act only requires representation in tribal court prosecutions of indigent defendants that may lead to incarceration... |
2013 |
Yes |
| Gabriel J. Chin |
A Chinaman's Chance in Court: Asian Pacific Americans and Racial Rules of Evidence |
3 UC Irvine Law Review 965 (December, 2013) |
Introduction. 966 I. Asians as Untrustworthy Witnesses. 967 A. Competency and Credibility Under State Law. 967 1. Incompetency. 967 2. Credibility. 970 B. Chinese Witnesses Under Federal Law. 972 1. Incompetency. 973 a. Residence certificates. 973 b. Returning merchants. 974 c. Pharmacy workers in China. 975 2. Credibility. 975 II. The Statutory... |
2013 |
|
| Ishai Mooreville |
A Question of Sovereignty: the History Behind Attorney General Bradford's 1795 Opinion on the Alien Tort Statute |
40 Syracuse Journal of International Law and Commerce 217 (Spring 2013) |
I. INTRODUCTION. 218 II. THE ATTACK ON SIERRA LEONE. 225 A. Background on Sierra Leone. 225 B. The Account of Zachary Macaulay. 227 C. The Account of Adam Afzeilus. 230 III. REVISITING THE BRADFORD OPINION. 232 A. Attacks on Land and the High Seas. 232 B. What Was Left Out of the 1794 Memorial. 233 C. The Bradford Opinion in Historical Context. 234... |
2013 |
|
| Scott McKenzie |
A River Runs Through It: the Future of the Columbia River Treaty, Water Rights, Development, and Climate Change |
29 Georgia State University Law Review 921 (Summer, 2013) |
C1-3Table of Contents L1-2Introduction . L3922 I. Physical And Political History Of The Columbia River Basin And Treaty. 923 A. Early History Of The River And Basin. 924 B. The Columbia River Treaty: Creation, Management, And Impacts. 928 II. Governance Issues: Theoretical And Practical. 932 A. Western Water Law And Development. 933 B. Competing... |
2013 |
|
| Paul Shugar |
A Troubled Agreement for Troubled Waters: How an Amended Boundary Waters Treaty Can Solve the Great Lakes Agreement's Fatal Flaws |
3 Global Business Law Review 251 (Spring, 2013) |
Great Lakes water fuels $4.2 trillion of gross-domestic product (GDP), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world's largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources... |
2013 |
|
| Alex Shepard |
Acta on Life Support: Why the Anti-counterfeiting Trade Agreement Is Failing and How Future Intellectual Property Treaties Might Avoid a Similar Fate |
12 Washington University Global Studies Law Review 673 (2013) |
The Anti-Counterfeiting Trade Agreement (ACTA or Agreement) is an international intellectual property treaty that provides for new international minimum standards for criminal and civil enforcement of intellectual property rights. The categories of subject matter protected by the agreement are borrowed from the Agreement on Trade-Related... |
2013 |
|
| Sammy Suhail Nabulsi |
Administrative Law--united States Entitled to Sovereign Immunity under the Foreign Intelligence Surveillance Act's Civil-liability Provision, Section 1810--al-haramain Islamic Foundation, Inc. v. Obama, 705 F.3d 845 (9th Cir. 2012) |
18 Suffolk Journal of Trial and Appellate Advocacy 332 (2013) |
Under well-established common law of the United States, the nation is immune from being held liable by suit from any party therein or foreign to the United States under the principle of sovereign immunity. However, the Supreme Court of the United States has carved out an important exception to this broad protection, providing that where the... |
2013 |
|
| Dr. Uche Ewelukwa Ofodile |
Africa-china Bilateral Investment Treaties: a Critique |
35 Michigan Journal of International Law 131 (Fall 2013) |
The purpose of this Article is to draw attention to, raise questions about, and generate discussions regarding the emerging norms, legal context, and long-term development-implications of South-South foreign direct investment (FDI) and South-South bilateral investment treaties (BIT). This Article seeks to refocus the discourse about FDI and... |
2013 |
|
| Michelle Poncetta |
Against Licensing Non-invasive Complementary and Alternative Treatments: an Ineffective and Harmful Measure for Consumer Protection |
11 Georgetown Journal of Law and Public Policy 661 (Summer, 2013) |
Recent decades have seen a rise in the use and acceptance of complementary and alternative medicine (CAM), both by medical practitioners and consumers of health care services. In 2008, the National Center for Complementary and Alternative Medicine (NCCAM) published findings from a National Health Interview Survey showing that nearly 40% of adult... |
2013 |
|
| Maria A. Lanahan |
Amongst the "Waives": Whether Sovereign Immunity for Contractual Damages Is Waived under the Public Vessels Act or the Suits in Admiralty Act |
80 University of Chicago Law Review 895 (Spring 2013) |
The MV Orient, a newly refurbished fishing vessel, set out from California on its maiden voyage on December 1, 1969. The Orient, owned by Continental Tuna, was bound for the Philippines. Its owners, 99.5 percent of whom were Americans, hoped to do business in Philippine waters. Thus, Continental Tuna incorporated under Philippine law. Several... |
2013 |
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| |
Argentina-russia Tax Treaty Enters into Force |
24 Journal of International Taxation 05 (January, 2013) |
On October 15, 2012, the government of the Russian Federation notified the Argentine government that it had fulfilled the domestic requirements for the entry into force of the Convention for the Avoidance of Double Taxation with Respect to Taxes on Income and on Capital and related Protocol (Convention). Thus, the Convention signed in Buenos... |
2013 |
|
| Gerald Mueller |
Book Review: History of a Treaty and the Mighty Columbia |
56-JUL Advocate 61 (June/July, 2013) |
In 1941, under contract to the Bonneville Power Administration, America's greatest folk singer/song writer Woody Guthrie wrote these words: And on up the river is Grand Coulee Dam The mightiest thing ever built by a man To run the great factories and water the land So roll on, Columbia, roll on. This perspective is in stark contrast to the... |
2013 |
|
| Bill Piatt , Rachel Ambler |
Border Wars & the New Texas Navy: International Treaties, Waterways, and State Sovereignty after Arizona v. United States |
15 Scholar: St. Mary's Law Review on Race and Social Justice 535 (Symposium 2013) |
Texas has yet to learn submission to any oppression, come from what source it may. -- Sam Houston I. Introduction. 536 II. Bullets Across the Border. 536 III. Historical Perspective. 540 A. Republic to State. 540 B. U.S.-Mexico Border Treaties. 541 C. The U.S.-Texas Border with Mexico Today. 542 IV. Texas Armed Forces. 545 A. Texas Military... |
2013 |
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| Bill Piatt , Rachel Ambler |
Border Wars & the New Texas Navy: International Treaties, Waterways, and State Sovereignty after Arizona v. United States |
15 Scholar: St. Mary's Law Review on Race and Social Justice 535 (Symposium 2013) |
Texas has yet to learn submission to any oppression, come from what source it may. -- Sam Houston I. Introduction. 536 II. Bullets Across the Border. 536 III. Historical Perspective. 540 A. Republic to State. 540 B. U.S.-Mexico Border Treaties. 541 C. The U.S.-Texas Border with Mexico Today. 542 IV. Texas Armed Forces. 545 A. Texas Military... |
2013 |
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Chapter 1 the Use of Force Between States Before 1815 - the Sovereign Right to Use War |
19 IUS Gentium Gentium 1 (2013) |
The work of early legal scholars between the sixteenth and eighteenth centuries provides a valuable understanding of the rise of the sovereign state and its development of a system of law to regulate international relations (described by these scholars as the Law of Nations' and which became known generally as Public International Law or... |
2013 |
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| Anthea Roberts |
Clash of Paradigms: Actors and Analogies Shaping the Investment Treaty System |
107 American Journal of International Law 45 (January, 2013) |
When the skin of an Australian platypus was first taken to England in the 1700s, scientists thought it was a fake. It looked like someone had sewn a duck's bill onto a beaver's body; one scientist even took a pair of scissors to the skin looking for stitches. The animal had fur and was warm-blooded like a mammal, yet laid eggs and had webbed feet... |
2013 |
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| Rebecca Tsosie |
Climate Change and Indigenous Peoples: Comparative Models of Sovereignty |
26 Tulane Environmental Law Journal 239 (Summer 2013) |
I. Understanding Indigenous Rights: The Domains of Political and Cultural Sovereignty. 241 II. The Framework for Climate Justice Within Domestic U.S. Law. 246 III. International Law and Climate Justice. 250 IV. Indigenous Peoples and Environmental Self-Determination. 253 V. Conclusion. 256 |
2013 |
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| Tony Penikett , Adam Goldenberg |
Closing the Citizenship Gap in Canada's North: Indigenous Rights, Arctic Sovereignty, and Devolution in Nunavut |
22 Michigan State International Law Review 23 (2013) |
When Canada signed the Nunavut Land Claims Agreement in 1993, it committed to create a new territory, Nunavut, as an Inuit homeland in the Canadian Eastern Arctic. Parliament fulfilled this promise with the passage of the Nunavut Act, and the new territory came into existence on April 1, 1999. Still, the Government of Nunavut remains a creature of... |
2013 |
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| Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas, Jacob Victor |
Consent-based Humanitarian Intervention: Giving Sovereign Responsibility Back to the Sovereign |
46 Cornell International Law Journal 499 (Fall, 2013) |
The repeated failure of the United Nations Charter regime to respond to humanitarian crises--and to prevent interventions outside the regime--has laid bare a conflict that lies at the heart of modern international law. This failure has revealed that the twin commitments on which the post-World War II international legal system has been built--... |
2013 |
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| Jesse Oppenheim |
Danger at 700,000 Feet: Why the United States Needs to Develop a Kinetic Anti-satellite Missile Technology Test-ban Treaty |
38 Brooklyn Journal of International Law 761 (2013) |
The second best thing about space travel is that the distances involved make war very difficult, usually impractical, and almost always unnecessary .. [This] is a great boon to the intelligent man who fights only when he must-- never for sport. Robert A. Heinlein, Time Enough For Love, 1973. Two things inspire me to awe--the starry heavens above... |
2013 |
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| Kimberly M. Baker |
Decision Making in a Hybrid Organization: a Case Study of a Southwestern Drug Court Treatment Program |
38 Law and Social Inquiry 27 (Winter, 2013) |
This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous... |
2013 |
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| Thomas E. Robins |
Defusing Hydroelectric Brinkmanship: the Indus Waters Treaty's Alternate Dispute Resolution Provisions and Their Role in the Tenuous Peace Between India and Pakistan |
5 Yearbook on Arbitration and Mediation 389 (2013) |
For saber-rattlers on both sides of the Kashmiri border, water rights have become part and parcel to the narrative of Indo-Pakistani tensions. Beginning with partition in 1947, three full-blown wars, numerous undeclared conflicts, and an active insurgency have led to hundreds of thousands of causalities in the ongoing dispute between India and... |
2013 |
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| Mckay Cunningham |
Diminishing Sovereignty: How European Privacy Law Became International Norm |
11 Santa Clara Journal of International Law 421 (2013) |
I. Information and the Internet. 423 II. Privacy in Europe. 428 A. A Fundamental Right. 428 B. The European Union Directive. 430 1. Processing Personal Information. 431 2. Data Transfers. 432 3. Enabling Transfers That Conform. 435 4. Safe Harbor: The American Exception. 436 5. Safe Harbor: Compromise and Criticism. 438 C. International Trend. 440... |
2013 |
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| John C. Balzano |
Direct Effect Jurisdiction under the Foreign Sovereign Immunities Act: Searching for an Integrated Approach |
24 Duke Journal of Comparative & International Law L. 1 (Fall 2013) |
Recent decisions by the United States Supreme Court as to the international reach of American antitrust and securities statutes have engendered significant debate about the appropriate extraterritorial application of federal law. Such debates have also slowly come to include some mention of the right application of state law beyond U.S. boundaries... |
2013 |
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| Andrew G. Ogden |
Dying for a Solution: Incidental Taking under the Migratory Bird Treaty Act |
38 William and Mary Environmental Law and Policy Review Rev. 1 (Fall, 2013) |
The almost century-old Migratory Bird Treaty Act (MBTA) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy... |
2013 |
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| Mark D. Kielsgard |
Evolving Human Rights Methodology: Have Incursions into State Sovereignty Gone Too Far? |
22 Tulane Journal of International and Comparative Law 43 (Winter 2013) |
This Article will explore the evolving methodology of human rights and its impact on state sovereignty in the twenty-first century and review the trends driving that evolution. It will first identify the historical underpinnings for the classical methodology from as early as the eighteenth century and discuss its measured success, apparent... |
2013 |
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| S. Jacob Carroll |
Faa v. Cooper: Bombarding the Privacy Act with the "Canon of Sovereign Immunity" |
64 Mercer Law Review 785 (Spring 2013) |
Privacy is a word we hear frequently in today's technologically advanced society. From Google Maps documenting every street in the nation to smartphones sharing locations automatically, privacy concerns abound. In fact, a recent Consumer Reports study found that over seventy percent of respondents said they were very concerned about the sharing of... |
2013 |
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| David Takacs |
Forest Carbon (Redd+), Repairing International Trust, and Reciprocal Contractual Sovereignty |
37 Vermont Law Review 653 (Spring, 2013) |
Climate change, deforestation, and poverty present dire and intertwined threats to human and nonhuman communities. In this paper, I examine how the world's nations, businesses, and citizens are overcoming mistrust to cooperatively address these threats. I ask: How do negotiations to quantify and control the world's forests highlight new frontiers... |
2013 |
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| Françoise Gilbert |
Government Access to Cloud Data in the U.s. and Abroad: What Rules Apply? |
59 Practical Lawyer 49 (6/1/2013) |
At the federal level, the basic rule written in the Fourth Amendment to the U.S. Constitution grants Americans the right to be secure from unreasonable searches and seizures. In addition, several federal laws, such as the Wiretap Act, Stored Communications Act, Pen Register Act, Foreign Intelligence Surveillance Act, Communications Assistance to... |
2013 |
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| Derrick Wang |
Harmonizing All Around the World: Re-evaluating the Copyright and Treaty Powers in the Post-golan Era |
28 Maryland Journal of International Law 329 (2013) |
All nations sing Let's harmonize all around the world --Michael Jackson Ah, détentes! Ah, détentes! They're what everybody wants! --Stephen Sondheim In Professor Amy Chua's 2011 memoir Battle Hymn of the Tiger Mother, Chua's pianist daughter Sophia Chua-Rubenfeld recalls performing a selection from Sergei Prokofiev's Romeo and Juliet as an... |
2013 |
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| Jenna Gerber |
Head out of the Clouds: What the United States May Learn from the European Union's Treatment of Data in the Cloud |
23 Indiana International & Comparative Law Review 245 (2013) |
Every cloud has its silver lining but it is sometimes a little difficult to get it to the mint. An attorney is awakened at 3:00 a.m. by a phone call from police. There has been a break-in at his firm, and a laptop filled with hundreds of client files containing sensitive data of payment records, client addresses and phone numbers, and trial... |
2013 |
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| Amos N. Guiora |
Humanitarian Intervention and Sovereignty under the Umbrella of Geo-politics |
34 University of Pennsylvania Journal of International Law 411 (Winter, 2013) |
The events of the Arab Spring and subsequent developments in Libya and Egypt raise profound questions regarding the tension between international humanitarian intervention and state sovereignty in the context of geo-politics. In examining this tension, it is necessary to understand overarching geo-political considerations regarding issues critical... |
2013 |
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| Dr. Jasmeet Gulati , Ivan Khosa |
Humanitarian Intervention: to Protect State Sovereignty |
41 Denver Journal of International Law and Policy 397 (Spring 2013) |
Is it possible to resist evil without succumbing to the dangers of righteousness? This question, posed by Tzvetan Todorov, aptly sums up the debate over the issue of humanitarian intervention. The heart of the debate is the perceived conflict between the notion of state sovereignty and the concept of humanitarian intervention. While NATO's... |
2013 |
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| Robert Howse, Ruti Teitel |
Humanity Bounded and Unbounded: the Regulation of External Self-determination under International Law |
7 Law & Ethics of Human Rights 155 (December, 2013) |
Abstract: One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United... |
2013 |
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| Alyssa L. Enzor |
Ignoring the Obligation to Provide Consular Notification: How this Nation's Approach to Treaties Deprives Criminal Defendants of Procedural Safeguards |
3 Alabama Civil Rights & Civil Liberties Law Review 123 (2013) |
Table of Contents. 123 I. Introduction. 123 II. The Context of the Garcia v. Texas Decision. 125 A. The Self Executing/Non-Self-Executing Distinction and Why It Matters. 126 B. The Vienna Convention on Consular Relations (VCCR). 129 C. The Avena Decision and The Foundational Precedent: Medellín v. Texas. 130 III. The Garcia v. Texas Opinion. 132 A.... |
2013 |
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| Matthew J. Lindsay |
Immigration, Sovereignty, and the Constitution of Foreignness |
45 Connecticut Law Review 743 (February, 2013) |
It is a central premise of modern American immigration law that immigrants, by virtue of their non-citizenship, are properly subject to an extra-constitutional regulatory authority that is inherent in national sovereignty and buffered against judicial review. The Supreme Court first posited this constitutionally exceptional authority, which is... |
2013 |
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| Christopher K. Connolly |
Independence in Europe: Secession, Sovereignty, and the European Union |
24 Duke Journal of Comparative & International Law 51 (Fall 2013) |
INTRODUCTION51 I. NATIONALISM IN EUROPE'S STATELESS NATIONS: IDENTITY, AUTONOMY, AND THE ECONOMY. 55 A. Catalonia: Rising Separatist Sentiment. 55 B. Scotland: The Road to the Referendum. 59 C. Flanders: Breaking Up the Most Successful Failed State of All Time. 62 II. SECESSION AND SELF-DETERMINATION IN INTERNATIONAL LAW. 67 A. Unilateral... |
2013 |
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