AuthorTitleCitationSummaryYearKey Terms
Guadalupe Gutierrez, Ph.D. Jurisdictional Ambiguities among Sovereigns: the Impact of the Indian Gaming Regulatory Act on Criminal Jurisdiction on Tribal Lands 26 Arizona Journal of International & Comparative Law 229 (Spring, 2009) At first blush, it seems the Indian Gaming Regulatory Act (IGRA) succeeded in providing enormous economic opportunities for tribal governments to further their aspirations as self-governing, self-sufficient autonomous bodies. Closer inspection, however, reveals that IGRA was a reactionary response by Congress that did little to carry forward ideals... 2009 Yes
Michelle Smith , Janet C. Neuman Keeping Indian Claims Commission Decisions in Their Place: Assessing the Preclusive Effect of Icc Decisions in Litigation over Off-reservation Treaty Fishing Rights 31 University of Hawaii Law Review 475 (Summer, 2009) Congress established the Indian Claims Commission (ICC) in 1946 as a forum to adjudicate claims by Native American tribes against the United States. Between 1946 and its termination in 1978, the Commission decided 610 tribal claims and awarded over 800 million dollars in compensation to 170 tribes. Although the ICC's remedial authority was limited... 2009 Yes
Darren J. Ranco Models of Tribal Environmental Regulation 56-APR Federal Lawyer 46 (March/April, 2009) This article examines the current regulatory models in tribal environmental programs to see if the regulations meet standards of tribal sovereignty that are designed to protect tribal cultures and lifeways. In particular, I am concerned that the approaches to regulation currently available to tribes-- driven by federal mandates and notions of... 2009 Yes
Lincoln L. Davies Skull Valley Crossroads: Native Sovereignty and the Federal Trust 68 Maryland Law Review 290 (2009) It has been long recognized that a deep tension pervades federal American Indian law. The foundational principles of the field--on the one hand, the notion that tribes keep their inherent right of sovereignty and, on the other, that the federal government has a power and duty to protect them--clash on their face. Despite years of criticism of this... 2009 Yes
Dale Beck Furnish Sorting out Civil Jurisdiction in Indian Country after Plains Commerce Bank: State Courts and the Judicial Sovereignty of the Navajo Nation 33 American Indian Law Review 385 (2008-2009) People need to be aware of the rightful place of Indian Nations. -- Chief Justice Herb Yazzie, Navajo Nation Supreme Court On June 25, 2008, the Supreme Court of the United States decided Plains Commerce Bank v. Long Family Land & Cattle Co., applying Strate v. A-1 Contractors, decided eleven years before. Whereas the high court decided Strate by... 2009 Yes
Jeff M. Kosseff Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses 5 Florida A & M University Law Review 131 (Fall 2009) I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... 2009 Yes
Jeff M. Kosseff Sovereignty for Profits: Courts' Expansion of Sovereign Immunity to Tribe-owned Businesses 5 Florida A & M University Law Review 131 (Fall 2009) I. Introduction. 132 II. History of Sovereign Immunity for Commercial Tribe-Owned Enterprises. 134 A. Origins of Tribal Sovereign Immunity. 134 B. Kiowa provides sovereign immunity to the commercial activities of tribal governments. 137 III. After Kiowa, courts dramatically expanded sovereign immunity for tribal corporations. 138 A. Sovereign... 2009 Yes
Cullen D. Sweeney The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty 33 American Indian Law Review 549 (2008-2009) The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... 2009 Yes
Cullen D. Sweeney The Bank Began Treating Them Badly: Plains Commerce Bank, the Supreme Court, and the Future of Tribal Sovereignty 33 American Indian Law Review 549 (2008-2009) The sovereign status of Indian tribes in the United States is an endangered species in the menagerie of legal ideals: everywhere stalked, cornered, and assailed by arrows of law. Existing at the sufferance of the judiciary, the Indian sovereignty that was once a monument of inherent strength has become a hunted and harrowed thing. In Plains... 2009 Yes
Joshua Jay Kanassatega The Discovery Immunity Exception in Indian Country--promoting American Indian Sovereignty by Fostering the Rule of Law 31 Whittier Law Review 199 (Winter 2009) It is axiomatic in federal court litigation that every person within the jurisdiction of the Government is bound to perform when properly summoned. This axiom is fundamental to the public's interest in the orderly operation of the judicial machinery. The public policy underlying this maxim suggests that there should be few, if any, exceptions... 2009 Yes
Emily Brand The Struggle to Exercise a Treaty Right: an Analysis of the Makah Tribe's Path to Whale 32-SPG Environs Environmental Law and Policy Journal 287 (Spring 2009) Table of Contents. 287 Introduction. 289 I. Makah Whaling History. 291 A. The Treaty of Neah Bay. 291 B. A Brief History of Whaling. 292 C. The Gray Whale (Eschrictus robustus). 293 D. Laws Passed During Voluntary Makah Whaling Hiatus. 294 II. The Makah Nation Goes Whaling. 296 A. The First Hunt in Seventy Years. 296 B. The Makah Try to Exercise... 2009 Yes
Matthew Handler Tribal Law and Disorder: a Look at a System of Broken Justice in Indian Country and the Steps Needed to Fix it 75 Brooklyn Law Review 261 (Fall, 2009) On a typical spring night in 2004, Alex Apichito, a young construction worker, and some friends were walking home from a party when they ran into Alex's older cousin, Leonard. Even though the two had a sometimes turbulent relationship, Leonard invited the group back to his house for drinks. At some point later that night, Alex and Leonard began to... 2009 Yes
John T. Parry A Primer on Treaties and § 1983 after Medellín v. Texas 13 Lewis & Clark Law Review 35 (Spring 2009) The majority opinion in Medellín v. Texas contains a number of statements to the effect that treaties are not equal to federal statutes and that courts should presume that treaties do not create private rights. This Article analyzes the impact of those statements on the ability of plaintiffs to bring actions under 42 U.S.C. § 1983 for the... 2009  
Jacob Stoehr A Question of Sovereignty, Development, and Natural Resources: a New Standard for Binding Third Party Nonsignatory Governments to Arbitration 66 Washington and Lee Law Review 1409 (Summer, 2009) C1-3Table of Contents I. Introduction. 1410 II. International Commercial Arbitration in U.S. Courts. 1413 A. The Federal Arbitration Act and the New York Convention. 1415 B. The TPN Problem as Applied in U.S. Courts. 1418 III. Bridas and ChevronTexaco. 1422 A. Bridas and Turkmenistan. 1423 B. ChevronTexaco and Ecuador. 1426 IV. Current Shortfalls... 2009  
Mary Christina Wood Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift 39 Environmental Law 43 (Winter 2009) Modern environmental law has proved a colossal failure, despite the good intentions and the hard work of many citizens, lawyers, and government officials. Notwithstanding the most extensive and complex set of legal mandates the world has ever known, government is driving runaway greenhouse gas emissions and resource depletion. Agencies use the... 2009  
Mary Christina Wood Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part Ii): Instilling a Fiduciary Obligation in Governance 39 Environmental Law 91 (Winter 2009) This Article is the second part of a two-part work that highlights the fiduciary obligation of government emanating from the public trust doctrine of environmental law. This Part explores the measurable standards of performance for protecting vital natural assets in the people's trust as carried out within the modern framework of administrative... 2009  
Brian Kane , Idaho Office of the Attorney General All in and a Call: Has Online Poker Raised State Sovereignty Stakes? 52-OCT Advocate 39 (October, 2009) With the introduction of a small innovation that allowed observers to know what cards the players were holding without the other players at the table knowing, Texas Hold-Em Poker became the Cadillac of gambling. Turn on the television on virtually any night and you can not only see poker being played by the best in the world, but you are also... 2009  
Molly Watson An Arctic Treaty: a Solution to the International Dispute over the Polar Region 14 Ocean and Coastal Law Journal 307 (2009) The melting of the polar ice caps in the Arctic region has resulted in an international battle over Arctic territory and its vast natural resources. Five Arctic nations are claiming rights to overlapping territory and there is no evident legal resolution to their competing interests. Four of these five states have ratified the United Nations... 2009  
Stephan Leibfried, Karin van Elderen And They Shall Beat Their Swords into Plowshares--the Dutch Genesis of a European Icon and the German Fate of the Treaty of Lisbon 10 German Law Journal 1297 (8/1/2009) For my grandparents Europe meant peace, for my parents prosperity, for my generation it stands for some practical advantages like traveling without border controls and stipends to study abroad. The poster All Our Colours to the Mast by Dutch artist Reyn Dirksen has served as an icon of European integration since the 1950s, when it won first prize... 2009  
Hans H. Hertell Arctic Melt: the Tipping Point for an Arctic Treaty 21 Georgetown International Environmental Law Review 565 (Spring, 2009) C1-3Contents I. Introduction. 565 II. The Nature of the Threat. 567 III. The International Legal Regime. 570 A. International Treaties. 570 1. The Law of the Sea. 571 2. Other Binding Treaties. 575 B. Cooperative Agreements. 575 1. The Arctic Environmental Protection Strategy. 576 2. The Arctic Council. 577 3. The Polar Guidelines. 579 IV.... 2009  
Steven Menashi Article Iii as a Constitutional Compromise: Modern Textualism and State Sovereign Immunity 84 Notre Dame Law Review 1135 (March, 2009) This Article challenges the scholarly consensus that a textualist reading of the Constitution cannot support a broad constitutional principle of state sovereign immunity. In doing so, it develops a fuller account of textualist constitutional interpretation, recognizing that the original public meaning of a text may be informed by commonly held... 2009  
Bruce Winfield Bean Attack of the Sovereign Wealth Funds: Defending the Republic from the Threat of Sovereign Wealth Funds? 18 Michigan State Journal of International Law 65 (2009) I. The Threat from Sovereign Wealth Funds. 67 II. The Evolution and Development of Sovereign Wealth Funds. 70 A. What is a Sovereign Wealth Fund?. 70 B. When Did Sovereign Wealth Funds Appear?. 72 C. Why Were Sovereign Wealth Funds Established?. 73 D. Why Is the Spotlight Now on Sovereign Wealth Funds?. 73 E. Explaining the Explosion in Disclosed... 2009  
Carlos Perez-Gautrin Basic Introduction to Tax Treaties 17 Willamette Journal of International Law and Dispute Resolution 157 (2009) I. What is a Tax Treaty?. 158 II. Hierarchy of Tax Treaties vs. Domestic Law. 158 A. United States Approach. 158 B. European Union Approach. 159 C. Mexico Approach. 159 III. Tax Information Exchange Agreements. 160 IV. Drafting of Tax Treaties. 160 A. Organization for Economic Cooperation and Development Model. 160 B. United Nations Model. 161 C.... 2009  
Takele Soboka Bulto Between Ambivalence and Necessity: Occlusions on the Path Toward a Basin-wide Treaty in the Nile Basin 20 Colorado Journal of International Environmental Law and Policy 291 (Summer 2009) While the Nile riparian states are engaged in legal, political, and doctrinal wrangling pertaining to state sovereignty on the way to a basin-wide agreement over the equitable allocation of their common waters, each day brings a heavy but avertable cost on the lives, security, and economic and environmental well-being of the tenth of the African... 2009  
Rogers M. Smith Beyond Sovereignty and Uniformity: the Challenges for Equal Citizenship in the Twenty-first Century 122 Harvard Law Review 907 (January, 2009) Virtually everyone who will read these words was born in the latter two-thirds of the twentieth century. Our formative experiences during those years have led most of us to think about American citizenship in two ways that are not wrong, but are partly misleading, and are now changing. We tend to think of American citizenship as membership in a... 2009  
Paul Horwitz Churches as First Amendment Institutions: of Sovereignty and Spheres 44 Harvard Civil Rights-Civil Liberties Law Review 79 (Winter 2009) This Article offers a novel way of approaching the role of churches and other religious entities within the framework of the First Amendment. Beyond that, it offers a broader organizing structure for the legal treatment of First Amendment institutions --entities whose fundamental role in shaping and contributing to public discourse entitles them... 2009  
Professor Mark J. Wolff Cogressional Unilateral Tax Treaty Overrides: the "Latter in Time Doctrine" Is out of Time! 9 Florida Tax Review 699 (2009) The current form of globalization has resulted in greater global economic integration and liberalization, political openness, and cultural and social acceptance. As the world economy continues to weaken national economic orders, and as nations become more dependent upon international trade, good relations between nations may provide greater global... 2009  
José A. Gutierrez-Fons Comparing Supremacy: Sovereign Immunity of States in the United States and Non-contractual State Liability in the European Union 28 Penn State International Law Review 199 (Fall 2009) I. The Principle of Sovereign Immunity of States Under U.S. Law. 203 A. Concept. 203 B. Legal Basis of State Sovereign Immunity. 204 C. Why Has the U.S. Supreme Court Endorsed States' Immunity?. 212 D. Alternative Remedies. 215 1. United States as a Plaintiff. 216 2. Suits for Prospective Relief: Ex parte Young. 217 3. Suits for Retrospective... 2009  
John T. Parry Congress, the Supremacy Clause, and the Implementation of Treaties 32 Fordham International Law Journal 1209 (April, 2009) The President has power to make treaties with the advice and consent of two-thirds of the Senate. Once made, the Supremacy Clause declares treaties the supreme law of the land. One might therefore assume treaties have the same status in the U.S. legal system as federal statutes; once adopted, they operate as law for all relevant purposes. One... 2009  
Anthony J. Colangelo Double Jeopardy and Multiple Sovereigns: a Jurisdictional Theory 86 Washington University Law Review 769 (2009) This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that... 2009  
Charlton C. Copeland Ex Parte Young: Sovereignty, Immunity, and the Constitutional Structure of American Federalism 40 University of Toledo Law Review 843 (Summer 2009) THE U.S. Supreme Court's recent state-immunity jurisprudence requires reconsideration. The call for reconsideration does not stem from an absolutist rejection of all forms of state autonomy or immunity, but rather from a fear that the Court's immunity jurisprudence is dislodged from its role in the enforcement of the federalism structure of... 2009  
James Bongiorno Fair Use of Copyrighted Images after Perfect 10 v. Amazon.com: Diverging from Constitutional Principles & United States Treaty Obligations 12 Touro International Law Review 107 (2009) It has often been said that one picture is worth a thousand words, but the truth of that adage may rest with the individual viewing a particular picture or image. One may view an image only to find it holds no artistry or meaning, and deem its expressive value to merit a single derogatory comment, whereas another person may perceive a message... 2009  
John J. Chung From Feudal Land Contracts to Financial Derivatives: the Treatment of Status Through Specific Relief 29 Review of Banking and Financial Law 107 (Fall, 2009) In sorting through the aftermath of the global economic collapse, one conclusion has emerged regarding its cause: Financial derivatives were at the root of the crisis. It is now widely believed, with the obvious benefit of hindsight, that the failure to regulate derivatives was responsible to a large extent for the collapse, and calls for reform... 2009  
Tara J. Melish From Paradox to Subsidiarity: the United States and Human Rights Treaty Bodies 34 Yale Journal of International Law 389 (Summer 2009) I. Introduction. 390 II. Legal Context: The Human Rights Framework Applicable to the United States. 395 III. Supervisory Treaty Body System and the Scope of U.S. Engagement. 404 A. Periodic Reporting Process. 405 B. Individual and Collective Complaint Procedures and Precautionary Measures. 410 C. Other Promotional Mechanisms. 415 IV. Interest... 2009  
Ashley Dose Government Endorsement of Living on a Prayer 30 Journal of Legal Medicine 515 (October-December, 2009) Douglas and Rita Swan were life-long adherents of Christian Science until the tragic and preventable death of their 15-month-old son, Matthew. Christian Science is a religious denomination that promotes spiritual healing as a practical expression of Christian living. Although spiritual healing is the preferred method of treatment, Christian Science... 2009  
Allen Mendenhall Haunted by History's Ghostly Gaps: a Literary Critique of the Dred Scott Decision and its Historical Treatments 1 Georgetown Journal of Law & Modern Critical Race Perspectives 259 (Fall, 2009) In his opinion for the majority, Chief Justice Roger B. Taney eliminates Dred Scott the man from the text and divests Scott of a body, thereby transforming him into a sort of incorporeal ghost that signals the traces and tropes of slavery. Subsequent historians, journalists, and politicians have made Scott even more inaccessible by either relying... 2009  
Zvi S. Rosen In Search of the Trade-mark Cases: the Nascent Treaty Power and the Turbulent Origins of Federal Trademark Law 83 Saint John's Law Review 827 (Summer 2009) For the past hundred and thirty years, the Supreme Court's unanimous opinion in the Trade-Mark Cases --which invalidated the federal trademark laws enacted from 1870 through 1876 on constitutional grounds--has stood as one of the few cases to opine on the scope of the Intellectual Property Clause of the United States Constitution. The Court held... 2009  
Kristen A. Carpenter Interpretive Sovereignty: a Research Agenda 33 American Indian Law Review 111 (2008-2009) In federal Indian law, the treaty operates as our foundational legal text. Reflecting centuries-old historical political arrangements between Indian nations and the United States, treaties remain vital legal instruments that decide dozens of legal cases each year. Yet, these treaties-originally drafted in English by the federal government,... 2009  
Trevor Cutaiar Lane ex Rel. Lane v. Halliburton: the Fifth Circuit's Recent Treatment of the Political Question Doctrine and What it Could Mean for Comer v. Murphy Oil 55 Loyola Law Review 393 (Summer 2009) It was widely reported as the Good Friday Massacre. Although the term might cause twentieth century American historians to think of the schoolbook images of bloodshed between Native Americans and English settlers in colonial Jamestown, the United States' recent presence in Iraq and the United States military's financial conscription of civilian... 2009  
David H. Moore Law(makers) of the Land: the Doctrine of Treaty Non-self-execution 122 Harvard Law Review Forum 32 (January, 2009) Last year, in Medellín v. Texas, the Supreme Court handed down its most important decision on the domestic status of treaties in almost two hundred years. The Court concluded that the International Court of Justice's (ICJ) judgment in the Case Concerning Avena and Other Mexican Nationals is not binding federal law because the treaties rendering the... 2009  
Timothy A. Canova Lincoln's Populist Sovereignty: Public Finance Of, By, and for the People 12 Chapman Law Review 561 (Spring 2009) In recent months, there has been a resurgence of interest in the presidency of Abraham Lincoln, in no small part because a new president, also from Illinois, has openly and repeatedly identified with and invoked Lincoln. Academic interest in Lincoln has mostly focused on the darker side of wartime presidential powers, such as the suspension of... 2009  
Gloria Patricia Gaviria Blanco , Diana M. Faraclas Monetary Sovereignty and the Dollarization of Latin-american Economies 18-WTR Currents: International Trade Law Journal L.J. 4 (Winter, 2009) Traditionally, under the concept of monetary sovereignty, it is presumed that each country has the exclusive authority to regulate every aspect of its currency, including any factor that may affect it internally or externally. However, in Latin America, management of currency affairs has not escaped the process of internationalization. Economic... 2009  
Winston P. Nagan, Erin K. Slemmens National Security Policy and Ratification of the Comprehensive Test Ban Treaty 32 Houston Journal of International Law L. 1 (Fall 2009) I. Introduction. 2 II. part one: Work Towards a Comprehensive Nuclear Test Ban. 11 III. Part Two: The rise and fall of the ctbt in the u.s. senate. 27 IV. Part Three: political fallout of the rejection of the ctbt. 40 V. Part four: international treaties as a component for strong national security. 46 VI. conclusion. 66 VII. postscript. 84 2009  
Rebecca Tsosie Native Nations and Museums: Developing an Institutional Framework for Cultural Sovereignty 45 Tulsa Law Review Rev. 3 (Fall 2009) One of the central functions of the modern Museum is to create exhibits that portray diverse cultures through various time periods, thereby introducing peoples to one another in the absence of a more personal interaction. There is an entire conversation about the ethics of such portrayals and the role of curators as interpreters of history,... 2009  
Blake W. Jackson Notorious: the Treatment of Famous Trademarks in America and How Protection Can Be Ensured 3 Journal of Business, Entrepreneurship and the Law 61 (Fall 2009) I. INTRODUCTION. 63 II. BACKGROUND. 65 A. Implementing Protection for Famous Foreign Trademarks Is Not a New Problem. 65 B. History of the Famous Foreign Marks Doctrine in America. 65 C. The Lanham Act Provides No Statutory Foundation. 66 D. Protection for Famous Foreign Marks in America is Only Found in Common Law. 67 1. Prunier's. 68 2. The Stork... 2009  
Leticia M. Diaz, Barry Hart Dubner On the Evolution of the Law of International Sea Piracy: How Property Trumped Human Rights, the Environment and the Sovereign Rights of States in the Areas of the Creation and Enforcement of Jurisdiction 13 Barry Law Review 175 (Fall, 2009) One cannot pick up a newspaper or watch the news these days without seeing articles or stories about the Somali pirates. In fact, piracy has taken an increasing toll on international shipping in the key water link between the Mediterranean Sea and the Indian Ocean. In 2008, a total of forty-nine vessels were hijacked worldwide. Forty-two of the... 2009  
Timothy G. Nelson Passport, S'il Vous Plaît?: Investment Treaty Protection and the Individual Investor's Citizenship 32 Suffolk Transnational Law Review 451 (Symposium 2009) When contemplating the protections afforded to private investors by Free Trade Agreements (FTAs) or Bilateral Investment Treaties (BITs) - and the concomitant right to pursue investor-state arbitration before bodies such as the International Centre for Settlement of Investment Disputes (ICSID) - we usually think of rights and claims held by... 2009  
Kenan Mullis Playing Chicken with Bird Flu: "Viral Sovereignty," the Right to Exploit Natural Genetic Resources, and the Potential Human Rights Ramifications 24 American University International Law Review 943 (2009) INTRODUCTION. 944 I. BACKGROUND. 946 A. Indonesia's History of Avian Influenza and Cooperation with the World Health Organization. 947 B. The Convention on Biological Diversity. 949 C. The International Covenant on Economic, Social and Cultural Rights. 951 II. ANALYSIS. 953 A. Viruses are Genetic Resources within the Meaning of Article 15 of the... 2009  
Sina Kian Pleading Sovereign Immunity: the Doctrinal Underpinnings of Hans v. Louisiana and ex Parte Young 61 Stanford Law Review 1233 (March, 2009) Introduction. 1233 I. Sovereign Immunity: The Political Narratives of Hans v. Louisiana. 1235 A. Sovereign Immunity: A Crash Course. 1239 B. Torts Versus Contracts: A Misstep. 1241 II. The Common Law Pleading System. 1245 A. Common Law Framework: A Case Study. 1247 B. Madrazo Revisited. 1252 C. Marshall Court: Continued. 1255 D. The Pattern... 2009  
Dianna T. Kenny, Istvan Schreiner , The University of Sydney Predictors of High-risk Alcohol Consumption in Young Offenders on Community Orders 15 Psychology, Public Policy, and Law 54 (February, 2009) The present study examined the relationship between a set of individual and contextual variables and high-risk alcohol use among young offenders placed on community orders in New South Wales, Australia. Participants (n = 777) were compared on a set of factors known to be strong predictors of high-risk alcohol use among adolescents. The authors... 2009  
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