Author | Title | Citation | Summary | Year | Key Terms |
Robert J. Tepper , Craig G. White |
Academic Early Retirement: Do Tenure Buyout Payments Warrant Unique Employment Tax Treatment? |
35 Oklahoma City University Law Review 169 (Spring 2010) |
A recent series of cases and a related Internal Revenue Service (IRS) revenue ruling shed light on the scope and taxation of the disposition of the contractual property rights inherent in holding a tenured faculty position. The litigated questions revolve around whether payments in satisfaction of tenure rights are considered wages for... |
2010 |
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Laura Thomas , Diederik Lohman , Joseph Amon |
Access to Pain Treatment and Palliative Care: a Human Rights Analysis |
24 Temple International and Comparative Law Journal 365 (Fall 2010) |
I. Introduction. 365 II. Pain, Its Treatment, and Palliative Care. 366 III. The Unavailability of Medicinal Morphine. 369 IV. Barriers to Access to Pain Treatment and Palliative Care. 370 A. Excessively Restrictive Drug Control Regulations and Enforcement Practices. 370 B. Fear of Legal Sanction. 373 C. Failure to Ensure Functioning and Effective... |
2010 |
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Justin Donoho |
Achieving Supreme Court Consensus: an Evolved Approach to State Sovereign Immunity |
88 Nebraska Law Review 760 (2010) |
I. Introduction. 760 II. Competing Theories. 763 A. Existing Doctrine. 763 B. The Dissenting Justices' Theory. 766 III. Necessity of Achieving Consensus. 767 IV. Existing Arguments. 770 A. Formalist Arguments. 770 B. Functional or Policy-Based Arguments. 771 C. Coherence with Lochner v. New York. 774 V. New Arguments. 776 A. Coherence with the... |
2010 |
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Samantha A. Moppett |
Acknowledging America's First Sovereign: Incorporating Tribal Justice Systems into the Legal Research and Writing Curriculum |
35 Oklahoma City University Law Review 267 (Summer 2010) |
Marie Setian (Marie) drove to Foxwoods Resort Casino in Ledyard, Connecticut, with her husband and another couple for a day of gambling, dining, and entertainment. After gambling for a little while, the couples went to the Festival Buffet. At the buffet's seafood station, Marie placed some shrimp on her plate. As she walked to the international... |
2010 |
Yes |
Taylor Reinhard |
Advancing Tribal Law Through "Treatment as a State" under the Obama Administration: American Indians May Also Find Help from Their Legal Relative, Louisiana--no Blood Quantum Necessary |
23 Tulane Environmental Law Journal 537 (Summer 2010) |
I. Introduction. 538 II. Background. 540 A. Tribal Sovereignty and the Federal Government's Fiduciary Duty as Trustee. 540 B. Treatment in the Same Manner as a State Really Means Treating Tribes as States. 541 C. Courts Carefully Lengthen the Arm of Tribal Jurisdiction under the TAS Doctrine. 542 III. American Indian Legal Systems: New Growth on... |
2010 |
Yes |
Jason E. Rayne |
An Exposition of the Effectiveness of and the Challenges Plaguing Maine's Juvenile Drug Treatment Court Program |
62 Maine Law Review 649 (2010) |
Since 1989, trial courts across the United States have been developing and implementing the drug court model. Drug courts are treatment-based programs that are considered less adversarial than traditional methods of adjudication. By early in the new millennium, drug courts had achieved considerable local support and [had] provided intensive, long-... |
2010 |
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Tejas N. Narechania |
An Offensive Weapon?: an Empirical Analysis of the "Sword" of State Sovereign Immunity in State-owned Patents |
110 Columbia Law Review 1574 (October, 2010) |
In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise... |
2010 |
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Prv Raghavan |
Analysis of New India-syria Tax Treaty |
20 Journal of International Taxation 56 (February, 2010) |
India signed a comprehensive tax treaty with the Syrian Arab Republic on June 18, 2008, which entered into force on November 10, 2008, and became effective in India on April 1, 2009. The prior India-Syria treaty was signed in 1984 and entered into force in 1985. Significant provisions of the new treaty are discussed below. Article 5(2), which lists... |
2010 |
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Carol B. Koppelman |
Anderson v. Evans: the Ninth Circuit Harmonizes Treaty Rights and the Marine Mammal Protection Act |
16 Hastings West-Northwest Journal of Environmental Law, Policy 353 (Summer 2010) |
We have a treaty right to hunt and fish, but by God, that doesn't mean you go after king salmon when it is out of season. -Makah Chief Tribal Judge Jean Vitalis I. Introduction. 354 II. The Makah and the Importance of Whaling. 356 A. History of Makah Whaling. 357 B. Importance of Whaling to Makah Culture. 358 1. Social Structure. 358 2. Religion.... |
2010 |
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Andrew G. Hill |
Another Blow to Tribal Sovereignty: a Look at Cross-jurisdictional Law-enforcement Agreements Between Indian Tribes and Local Communities |
34 American Indian Law Review 291 (2009-2010) |
Perhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. The keystone of Indian tribes has long been... |
2010 |
Yes |
Michael O. Eshleman , Judge Stephen A. Wolaver |
Appendix A: Table of Jurisdictions |
12 Oregon Review of International Law 353 (2010) |
It may help practicitioners to have a list of jurisdictions acceding to the Convention. After the Convention has been ratified or applied to a territory, Adhere indicates when notice of that fact was deposited with the Dutch Foreign Ministry. (Dates are given in the American style, i.e. month/date/year.) This date may be significantly different... |
2010 |
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Frank Pommersheim |
At the Crossroads: a New and Unfortunate Paradigm of Tribal Sovereignty |
55 South Dakota Law Review 48 (2010) |
This is the first in a series of three articles by Professor Frank Pommersheim to be published in the South Dakota Law Review. The second article will be forthcoming in Issue I, Vol. 56 (Fall 2010) and it is entitled Amicus Briefs in Indian Law: The Case of Plains Commerce Bank v. Long Family Land and Cattle, Co., Inc. The final article in the... |
2010 |
Yes |
Joseph Pace |
Bankruptcy as Constitutional Property: Using Statutory Entitlement Theory to Abrogate State Sovereign Immunity |
119 Yale Law Journal 1568 (May, 2010) |
In the decade following Seminole Tribe's ruling that Article I is not a grant of authority to abrogate state sovereign immunity, scholars and courts overwhelmingly agreed that the Eleventh Amendment barred Congress from subjecting states to suit in bankruptcy proceedings. The Court has since backpedaled, holding in Katz that the states ceded their... |
2010 |
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Benjamin Beiter |
Beyond Medellín: Reconsidering Federalism Limits on the Treaty Power |
85 Notre Dame Law Review 1163 (March, 2010) |
The Constitution recognizes three sources of law as the supreme law of the land: the Constitution itself, federal laws passed in pursuance of the Constitution, and treaties made under the authority of the United States. In addition to this recognition, the Constitution places limits on the ability to create and modify the law through each of these... |
2010 |
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Noëlle Quénivet |
Binding the United Nations to Human Rights Norms by Way of the Laws of Treaties |
42 George Washington International Law Review 587 (2010) |
There is no doubt that the United Nations has on various occasions violated human rights norms. Yet, it is unclear what the international legal source of its obligations to abide by human rights law is. This Article examines whether it is possible to bind the United Nations by way of the laws of treaties to the human rights provisions enshrined in... |
2010 |
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Monu Bedi |
Blame it on the Government: a Justification for the Disparate Treatment of Departures Based on Cultural Ties |
38 Capital University Law Review 789 (Summer, 2010) |
In illegal reentry cases, federal courts routinely downwardly depart from the United States Sentencing Guidelines (Guidelines) on the ground of the defendant's cultural assimilation to the United States. Under this departure, courts impose reduced sentences based on findings that defendants illegally returned to the United States because of their... |
2010 |
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Kirsten Braun |
Carbon Storage: Discerning Resource Biase That Influence Treaty Negotiations |
22 Georgetown International Environmental Law Review 649 (Summer, 2010) |
I. L2-4,T4Introduction 650 A. L3-4,T4Backdrop: The Current State of the On-going Negotiations 653. B. L3-4,T4Call for Urgent Action 657. C. L3-4,T4Sticking Points in Current Treaty Negotiations 659. 1. Existing Bargaining Groups Create Conflict. 659 2. Role of Uncertainty in Negotiations. 662 3. The Role of Fairness and Common, but Differentiated,... |
2010 |
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Marren Sanders |
Clean Water in Indian Country: the Risks (And Rewards) of Being Treated in the Same Manner as a State |
36 William Mitchell Law Review 533 (2010) |
I. Introduction. 534 II. The Clean Water Act. 535 A. Background. 535 B. Treatment as a State Provision. 537 C. Devolution, Delegation, or Something Else Entirely?. 540 D. The Bane of Jurisdiction. 542 E. The Wisconsin Debacle. 545 III. More Risk Than Reward?. 547 A. Here Today, Gone Tomorrow?. 549 B. Federal Core Standards. 550 C. The Oklahoma... |
2010 |
Yes |
Holly D. Lange |
Climate Refugees Require Relocation Assistance: Guaranteeing Adequate Land Assets Through Treaties Based on the National Adaptation Programmes of Action |
19 Pacific Rim Law & Policy Journal 613 (July, 2010) |
Abstract: Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of climate refugees will be forced to move off their island homes and, without provisions of adequate land rights,... |
2010 |
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Commemoration of the 100 Year Anniversary of the International Boundary Waters Treaty |
34 Canada-United States Law Journal 477 (2010) |
MR. UJCZO: Case Western Reserve University School of Law and The University of Western Ontario Faculty of Law have a very privileged relationship with the United States Coast Guard. The Ninth District is located here in Cleveland, Ohio, right down the street. The Ninth District manages all of the Great Lakes. The United States Coast Guard refers... |
2010 |
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Valentina Vadi |
Critical Comparisons: the Role of Comparative Law in Investment Treaty Arbitration |
39 Denver Journal of International Law and Policy 67 (Winter 2010) |
A rose is a rose is an onion Ernest Hemingway, For Whom the Bell Tolls (1940) Both comparativists and internationalists have mostly neglected the interaction between international law and comparative law. While [i]nternationalists seem comfortable with power and uncomfortable with culture . . . comparativists are eager for cultural understanding... |
2010 |
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Joan S. Howland, University of Minnesota |
Deborah A. Rosen. American Indians and State Law: Sovereignty, Race, and Citizenship. 1790-1880. Lincoln: University of Nebraska Press, 2007. 360 Pp. $55.00 (Cloth); $29.95 (Paper) |
50 American Journal of Legal History 350 (July, 2008-2010) |
Despite the complexities of American Indian history and American Indian law, much recent scholarship on these interrelated topics has been relatively narrow and predictable. American Indian history is usually analyzed in a chronological manner with an obligatory nod towards themes such as wary cooperation. extermination, isolation, assimilation,... |
2010 |
Yes |
Alice Izumo |
Diplomatic Assurances Against Torture and Ill Treatment: European Court of Human Rights Jurisprudence |
42 Columbia Human Rights Law Review 233 (Fall, 2010) |
This Note examines the jurisprudence of the European Court of Human Rights (ECTHR) regarding diplomatic assurances and highlights implications it offers for the United States. Section I places the Court's current position in recent historical context, reviewing the development of European assurances policy in the years leading up to 2008, from... |
2010 |
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Kimberly C. Gordy |
Dire Straits: the Necessity for Canadian Sovereignty in the Arctic Waterways |
20 Fordham Environmental Law Review 551 (Winter 2010) |
Experts predict that a desperate global desire for the Arctic's natural resources will be the catalyst for the next cold war unless the question of sovereignty in the Northwest Passage and surrounding Arctic waterways is finally settled. The shield of Arctic ice that once protected the planet's most fragile and pristine ecosystem is melting at an... |
2010 |
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Heather L. Williams |
Does an Individual Government Official Qualify for Immunity under the Foreign Sovereign Immunities Act?: a Human Rights-based Approach to Resolving a Problematic Circuit Split |
69 Maryland Law Review 587 (2010) |
[T]he Courts cannot isolate themselves from the great moral issues of the day. In the application of law, courts, as other organs of government, must also think of the consequences of their decisions and of their effect on human rights. In the years since foreign sovereign immunity was developed in the United States, originally as a common-law... |
2010 |
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Robert N. Clinton |
Enactment of the Indian Gaming Regulatory Act of 1988: the Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty? |
42 Arizona State Law Journal 17 (Spring 2010) |
The history of contact between Anglo-American settlers and Indian tribes constitutes nothing less than a virtually unending story involving the transfer of valuable resources, like land, gold, coal, oil, timber, uranium, and even the very sovereignty of Indian peoples, from native control to non-Indian ownership or control. That process of... |
2010 |
Yes |
Nicholas A. Fromherz, Joseph W. Mead |
Equal Standing with States: Tribal Sovereignty and Standing after Massachusetts v. Epa |
29 Stanford Environmental Law Journal 130 (2010) |
Introduction. 130 I. Massachusetts v. EPA. 133 A. Standing Background. 134 B. The Litigation Itself. 137 1. Background. 138 2. Supreme Court. 139 C. Sovereignty and Standing after Massachusetts. 146 II. Indian Sovereignty: Its Nature and Scope. 149 A. History. 150 B. The Law. 155 1. The Marshall Trilogy. 155 2. Beyond the Marshall Trilogy:... |
2010 |
Yes |
S. Chloe Thompson |
Exercising and Protecting Tribal Sovereignty in Day-to-day Business Operations: What the Key Players Need to Know |
49 Washburn Law Journal 661 (Spring 2010) |
The increase in tribal economic recovery and development over the last thirty years has, in many ways, been distinctly positive for numerous Tribes. As tribal economies have recovered and developed and their tribal financial resources correspondingly increased, these Tribes have become better able to exercise their sovereignty and... |
2010 |
Yes |
Sana Loue, J.D, Ph.D., M.P.H., M.S.S.A. |
Faith-based Mental Health Treatment of Minors |
31 Journal of Legal Medicine 171 (April/June, 2010) |
Historically, a close connection has existed between religion, religious beliefs, and conceptualizations of both the cause and the cure of mental illness. Mental illness was once believed to result from divine retribution or demonic possession and, accordingly, could only be cured through exorcism or beating the devil out of the person. Religious... |
2010 |
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Benjamin L. Schuster |
Fighting Disparate Treatment: Using the "Class of One" Equal Protection Doctrine in Eminent Domain Settlement Negotiations |
45 Real Property, Trust and Estate Law Journal 369 (Summer, 2010) |
Editors' Synopsis: This Author examines the disparate treatment of property owners in eminent-domain takings and asserts that traditional remedies do not adequately protect these owners. As an alternative remedy, the Article discusses the evolution of the class of one doctrine in Equal Protection cases, which no longer requires discrimination... |
2010 |
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Drake Hagner |
Fighting for Our Lives: the D.c. Trans Coalition's Campaign for Humane Treatment of Transgender Inmates in District of Columbia Correctional Facilities |
11 Georgetown Journal of Gender and the Law 837 (2010) |
I. The Problem: State of Crisis for Transgender Inmates. 841 A. Obstacles for the District's Transgender Residents. 841 B. The District's Failure to Provide Humane Treatment for Transgender Inmates. 844 1. Denial of Gender-Identity and Expression. 846 2. Harassment and Other Humiliating Treatment. 847 3. Rape and Sexual Abuse. 848 4. Increased... |
2010 |
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Andrew Friedman |
Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South |
7 Brigham Young University International Law & Management Review 37 (Winter 2010) |
Over the past few decades, international trade has become inundated with bilateral investment treaties (BITs), agreements between two countries for the reciprocal encouragement, promotion and protection of investments in each other's territories by companies based in either country. Capital exporting and capital importing states have begun to use... |
2010 |
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Thomas M. Brown |
For the "Round and Top of Sovereignty": Boarding Foreign Vessels at Sea on Terror-related Intelligence Tips |
59 Naval Law Review 63 (2010) |
I must go down to the seas again, to the lonely sea and the sky, And all I ask is a tall ship and a star to steer her by John Masefield penned these famous words about the glorified age of sail, a time of inspiring freedom for the mariner. But today's mariner enjoys a great deal less of the autonomy that led to such poetry. When away from his... |
2010 |
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Elizabeth Mills Viney |
Foreign Sovereign Immunity--fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting Within the Scope of Their Official Duties |
63 SMU Law Review 265 (Winter 2010) |
IN Yousuf v. Samantar, the Fourth Circuit concluded that the Foreign Sovereign Immunities Act (FSIA), which protects foreign states and their agencies or instrumentalities from suits in U.S. courts, does not extend immunity to individual foreign officers acting within the scope of their official state duties. The Fourth Circuit reached this holding... |
2010 |
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Great Lakes Emerging Legal Issues Regarding the International Boundary Waters Treaty and the Great Lakes Water Quality Agreement |
34 Canada-United States Law Journal 193 (2010) |
MR. HALL: Welcome, everyone. Thank you for coming in on a Saturday morning to discuss a range of issues dealing with trans-boundary water management between the United States and Canada. There are actually two panels today. Although my impression is that in both substance and knowledge, the two panels have a tremendous amount of overlap. So I hope... |
2010 |
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Nicholas Buchanan, Massachusetts Institute of Technology |
Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity. By J. Kēhaulani Kauanui. Durham, Nc: Duke University Press, 2008.264 Pp. $22.95 Paper |
44 Law and Society Review 879 (September/December, 2010) |
In 1921, the Hawaiian Homes Commission Act (HHCA) defined a native Hawaiian as a descendant with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778 (p. 2). The HHCA set aside 200,000 acres of land and made parcels available to native Hawaiians for long-term leases. In Hawaiian Blood, J. Khaulani... |
2010 |
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Emily Catalano |
Healing or Homicide?: When Parents Refuse Medical Treatment for Their Children on Religious Grounds |
18 Buffalo Journal of Gender, Law & Social Policy 157 (2009-2010) |
You can't beat, sexually abuse or starve your kids, but the law allows a parent to refuse medical care in favor of magic. This is not just a social phenomenon, but a public-health issue. -Dr. Seth Asser, pediatrician and author of Child Fatalities from Religion-motivated Medical Neglect Many people, historically and in today's society, let... |
2010 |
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Kathleen Pickering Sherman, Colorado State University |
High Stakes: Florida Seminole Gaming and Sovereignty Jessica R. Cattelino (Durham, Nc: Duke University Press, 2008) |
33 PoLAR: Political and Legal Anthropology Review 148 (May, 2010) |
Jessica Cattelino's study of Indian gaming as experienced by the Seminole of Florida brings all the strengths of an anthropological analysis to the topic of casinos on American Indian reservations. Indian gaming is a subject too long dominated by political scientists, lawyers, and economists (see Benedict 2000; Eisler 2001; Jojola and Ong 2006;... |
2010 |
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Dan Lewerenz |
Historical Context and the Survival of the Jay Treaty Free Passage Right: a Response to Marcia Yablon-zug |
27 Arizona Journal of International & Comparative Law 193 (Spring, 2010) |
In the face of these vast changes in the scheme of life [since the passage of the Jay Treaty a century and a half ago], the right of free passage guaranteed to the Indians has persevered. Perhaps the survival of this privilege is an anachronism, but to the Indian tribes it represents one of the last remaining jewels of a lost treasure. - L, Paul... |
2010 |
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Elizabeth L. Young, Assistant Professor |
How Arkansas Convictions Are Treated for Immigration Purposes |
2010 Arkansas Law Notes 137 (2010) |
This March, the Supreme Court issued a potentially ground-breaking case in Padilla v. Kentucky. Aside from the potential impact it may have on Sixth Amendment law, it very clearly has a direct impact on how defense attorneys must deal with clients that are not United States citizens. It is now a requirement for a defense attorney to warn a... |
2010 |
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Maurice E. Stucke |
How Do (And Should) Competition Authorities Treat a Dominant Firm's Deception? |
63 SMU Law Review 1069 (Summer 2010) |
INTRODUCTION. 1070 I. COMBATING DECEPTION. 1072 A. Deception and Its Harms. 1072 B. Criminal and Civil Statutes To Combat Deception. 1077 II. DECEIT UNDER THE U.S. ANTITRUST LAWS. 1080 A. Sherman Act's Legislative History. 1080 III. MODERN TRENDS IN DETERRING DECEPTION UNDER THE SHERMAN ACT. 1083 A. False Advertising and Product Disparagement. 1084... |
2010 |
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David B. Kopel , Paul Gallant , Joanne D. Eisen |
How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid Being Used to Promote the Arms Trade Treaty |
5 NYU Journal of Law & Liberty 672 (2010) |
Abstract: Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on firearms and other weapons. In support of hasty adoption of the Treaty, a UN-related organization of Treaty supporters have produced a report claiming that armed violence is responsible for 740,000 deaths annually. This Article carefully examines... |
2010 |
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Kathleen Maloney-Dunn |
Humanizing Terrorism Through International Criminal Law: Equal Justice for Victims, Fair Treatment of Suspects, and Fundamental Human Rights at the Icc |
8 Santa Clara Journal of International Law 69 (2010) |
Is terrorism destined to be to international law what obscenity has been to U.S. law for over four decades--linked to the lens of the beholder and ineffable community standards, defying definition beyond a multi-pronged test of its outer limits, exploiting the gap between civil society and criminality, and denying meaningful legal recourse to... |
2010 |
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Suzianne D. Painter-Thorne |
If You Build It, They Will Come: Preserving Tribal Sovereignty in the Face of Indian Casinos and the New Premium on Tribal Membership |
14 Lewis & Clark Law Review 311 (Spring 2010) |
This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel... |
2010 |
Yes |
Matthew J. Lindsay |
Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power |
45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) |
This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... |
2010 |
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Jan Bissett , Margi Heinen |
In the Law: Keeping Current with American Indian Legal Resources |
89-FEB Michigan Bar Journal 48 (February, 2010) |
This month we focus on materials that help practitioners remain current with American Indian legal issues and news stories of interest. We'll also provide links to library or tribal collection research guides that may assist you in identifying or locating materials. The Libraries and Legal Research column last addressed American Indian legal... |
2010 |
Yes |
Paige Mason |
Inadequacies of the Amazon Fund: Evaluating Brazil's Sovereignty in the Context of Promising Market Mechanisms and the Need for International Oversight to Protect the Amazon Rainforest |
13 Touro International Law Review 116 (2010) |
I. Introduction 2 II. The Amazon Today 3 A. Climate Change and Forest Fires 3 B. Biodiversity, Deforestation and Economic Drivers of Change 6 III. Looking to the Future: Three Potential Scenarios for the Amazon Basin 10 IV. International Law Overview 12 V. Brazilian Environmental Law 14 VI. Brazil's Environmental Sovereignty 16 VII. The Amazon Fund... |
2010 |
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John F. Coyle |
Incorporative Statutes and the Borrowed Treaty Rule |
50 Virginia Journal of International Law 655 (Spring 2010) |
Introduction. 656 I. Incorporative Statutes. 664 II. The Borrowed Treaty Rule. 669 A. The Continuing Relevance of the Treaty. 671 1. Functional Considerations. 671 2. Structural Principles. 674 3. Historical Practice. 676 B. The Borrowed Treaty Rule. 680 C. Rebutting the Presumption. 691 D. A Response to the Realist Critique. 695 III. The Charming... |
2010 |
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Katherine J. Florey |
Indian Country's Borders: Territoriality, Immunity, and the Construction of Tribal Sovereignty |
51 Boston College Law Review 595 (May, 2010) |
Abstract: This Article explores the consequences of an anomaly in the Supreme Court's Indian law jurisprudence. In the past few decades, the Court has sharply limited the regulatory powers of tribal governments and the jurisdiction of tribal courts while leaving intact the sovereign immunity that tribes have traditionally enjoyed. The result has... |
2010 |
Yes |
Sarah Young |
Individual Foreign Officials and Sovereign Immunity--yousuf v. Samantar, 552 F.3d 371 (4th Cir. 2009) |
78 University of Cincinnati Law Review 1181 (Spring 2010) |
Natives of Somalia initiated Yousuf v. Samantar under the Torture Victim Protection Act of 1991 and the Alien Tort Statute, seeking civil liability against former Somali Minister of Defense Mohamed Ali Samantar because of alleged acts of torture and human rights violations committed by government agents whom Samantar commanded during President... |
2010 |
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