| Author | Title | Citation | Summary | Year | Key Terms |
| Jason Robison , Matthew McKinney , Daryl Vigil , Asadulah Meelad |
COMMUNITY IN THE COLORADO RIVER BASIN |
57 Idaho Law Review 1 (2021) |
Something historic is happening right now in the Colorado River Basin. Domestic and international negotiations over the next several years will yield a new management framework for the Colorado River system from which more than forty-million people draw the essence of life. Climate change looms over these negotiations--an ongoing twenty-one-year... |
2021 |
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| Richard C. Boldt |
CONSTITUTIONAL STRUCTURE, INSTITUTIONAL RELATIONSHIPS AND TEXT: REVISITING CHARLES BLACK'S WHITE LECTURES |
54 Loyola of Los Angeles Law Review 675 (Spring, 2021) |
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the... |
2021 |
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CONTRACT LAW--FORCED ARBITRATION--THIRD CIRCUIT RULES THAT TRIBAL PAYDAY LENDERS CANNOT COMPEL ARBITRATION.-- WILLIAMS v. MEDLEY OPPORTUNITY FUND II, LP, 965 F.3D 229 (3D CIR. 2020) |
134 Harvard Law Review 2582 (May, 2021) |
When signing a contract for a cell phone plan, a bank account, or a short-term loan, few individuals, if any, take the time to read the fine print. But often buried in this fine print are arbitration clauses that waive the consumer's right to bring a suit in court. Instead, the consumer is forced into arbitration--a process in which a neutral... |
2021 |
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| Elizabeth Pollman |
CORPORATE PERSONHOOD AND LIMITED SOVEREIGNTY |
74 Vanderbilt Law Review 1727 (November, 2021) |
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and... |
2021 |
Yes |
| Lucas Lixinski , Stephen Young |
CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS |
45 Hastings International and Comparative Law Review 3 (Winter 2021) |
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... |
2021 |
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| M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
2021 |
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| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
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| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
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| Edward Randall Ornstein |
DISPROPORTIONATE POLICE MILITARIZATION AT STANDING ROCK VIOLATED INTERNATIONAL LAW |
12 Arizona Journal of Environmental Law & Policy 65 (Fall, 2021) |
This paper examines the law enforcement response to the 2016 Standing Rock NoDAPL protests and evaluates whether this response violated international human rights law. Following an assessment of increasing militarization in U.S. policing, relevant international human rights law doctrine will be discussed. In particular, UN Human Rights declarations... |
2021 |
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| Craig D. Gaver, Washington, DC, USA |
DISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN MAURITIUS AND MALDIVES IN THE INDIAN OCEAN (MAURITIUS/MALDIVES). CASE NO. 28. JUDGMENT. SPECIAL CHAMBER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA, JANUARY 28, 2021 |
115 American Journal of International Law 519 (July, 2021) |
On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort... |
2021 |
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| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
2021 |
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DOUBLE JEOPARDY |
50 Georgetown Law Journal Annual Review of Criminal Procedure 550 (2021) |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the... |
2021 |
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| Ann M. Eisenberg |
ECONOMIC REGULATION AND RURAL AMERICA |
98 Washington University Law Review 737 (2021) |
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been left behind. The question is whether these left behind localities should be allowed to dwindle out of existence, or whether intervention to attempt rural revitalization is warranted. Many advocate... |
2021 |
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| James M. Grijalva |
ENDING THE INTERMINABLE GAP IN INDIAN COUNTRY WATER QUALITY PROTECTION |
45 Harvard Environmental Law Review 1 (2021) |
Tribal self-determination in modern environmental law holds the tantalizing prospect of translating indigenous environmental value judgments into legally enforceable requirements of federal regulatory programs. Congress authorized this approach three decades ago, but few tribes have sought primacy even for foundational programs like Clean Water Act... |
2021 |
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| Nicholas J. Fordice, Hannah T. Nguyen, Julie Metkus, Dylan C. McDevitt, David Tannenbaum, Tate Curington, Elizabeth McCready |
ENVIRONMENTAL CRIMES |
58 American Criminal Law Review 821 (Summer, 2021) |
I. Introduction. 823 A. Criminal Versus Civil Penalties. 824 B. Criminal Enforcement. 826 C. Interaction with Other Criminal Violations. 827 II. General Issues. 827 A. Overview of the Elements of an Environmental Criminal Violation. 827 B. Liability. 828 1. Individual Liability. 828 2. Corporate Liability. 830 C. Common Defenses. 831 1.... |
2021 |
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| Andie J. Sweeden |
ENVIRONMENTAL RACISM IN INDIAN COUNTRY: AN ANALYSIS OF ITS IMPACTS ON THE ENVIRONMENT AND NATURAL RESOURCES AND ITS CONNECTION TO THE DIMINISHMENT OF TRIBAL SOVEREIGNTY |
12 Arizona Journal of Environmental Law & Policy 107 (Fall, 2021) |
This note seeks to discuss environmental racism and its connection to the diminishment of tribal sovereignty. First, there will be a discussion on the history and origin of tribal sovereignty, and the presence of tribes and Indigenous peoples in the United States. Second, there will be an examination of how the Clean Air and Clean Water Acts have... |
2021 |
Yes |
| Susan Filan |
EPIDEMIC HIDING IN PLAIN SIGHT |
57-AUG Arizona Attorney 44 (July/August, 2021) |
Violence against Indigenous women and girls in the U.S. exceeds that of any other population in the country. The epidemic is so severe it has its own acronym--MMIWG--which stands for Missing and Murdered Indigenous Women & Girls. The MMIWG movement has arisen because law enforcement's response is inadequate and antiquated. This hidden crisis is... |
2021 |
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| Lucy Dempsey |
EQUITY OVER EQUALITY: EQUAL PROTECTION AND THE INDIAN CHILD WELFARE ACT |
77 Washington and Lee Law Review Online 411 (April 19, 2021) |
In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of... |
2021 |
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| Casey R. Ross , Director of the American Indian Law and Sovereignty Center and Clinical Professor, Oklahoma City University School of Law |
ESTATE PLANNING IN INDIAN COUNTRY MORE IMPORTANT THAN EVER |
42 Bifocal 72 (March-April, 2021) |
Estate planning is important for everyone. But, in tribal communities, estate planning is among the most important legal issues that impact individual native people. In a pre-pandemic world, the stakes are high for ensuring access to estate planning services in Indian Country. Post-pandemic, the stakes feel even higher. The American Indian Law and... |
2021 |
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| William Crowder Gaskins, Jr. |
EXHAUSTION REQUIREMENTS AND DISPUTE RESOLUTION REFORM IN BILATERAL INVESTMENT TREATIES |
49 Georgia Journal of International and Comparative Law 371 (Spring, 2021) |
C1-2Table of Contents I. Introduction. 373 A. Contemporary Issues in International Investment Law: The ISDS Regime. 374 B. The Rule of Local Remedies. 378 II. BITs Status Quo. 380 A. Geopolitical and Geo-Economic Forces Guiding BITs from 1994 to 2015. 380 B. Policy Interests at Stake. 382 i. Economic Protectionism. 382 ii. Legitimacy Crisis. 382... |
2021 |
Yes |
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EY GLOBAL DESK |
32 Journal of International Taxation 06 (July, 2021) |
On 27 April 2021, the Argentine federal tax authorities (AFIP) published, in the Official Gazette, Resolution 4976/2021 (Resolution 4976), which sets forth the procedure individuals and companies must follow to register real estate projects for the promotionalregime for construction. It also establishes the procedure for declaring local and foreign... |
2021 |
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| Trevor G. Reed |
FAIR USE AS CULTURAL APPROPRIATION |
109 California Law Review 1373 (August, 2021) |
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these have inflicted. Copyright law provides at least some protection against appropriations of Indigenous culture--particularly for copyrightable songs, dances, oral histories, and other... |
2021 |
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FEDERAL INDIAN LAW--CRIMINAL LAW--TRIBAL SOVEREIGNTY--UNITED STATES v. COOLEY |
135 Harvard Law Review 411 (November, 2021) |
For over two centuries, Indian tribes have been relegated to a tenuous position within the American constitutional system. As the Supreme Court has attempted to give shape to Chief Justice Marshall's description of tribes as domestic dependent nations, tribes have had to navigate jurisdictional pitfalls that states, by comparison, are never... |
2021 |
Yes |
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FEDERAL INDIAN LAW--TRIBAL SOVEREIGNTY--SEVENTH CIRCUIT HOLDS THAT ONEIDA NATION REMAINS INTACT.--ONEIDA NATION v. VILLAGE OF HOBART, 968 F.3D 664 (7TH CIR. 2020) |
134 Harvard Law Review 1583 (February, 2021) |
From 1887 to 1934, Congress sought to partition collective tribal landmasses into fee simple, individually owned plots; meanwhile, it made unclaimed reservation lands available to the general public under homesteading laws and other disposal statutes. The result was the checkerboarding of Indian country, which left reservation land interspersed... |
2021 |
Yes |
| Jessica A. Shoemaker |
FEE SIMPLE FAILURES: RURAL LANDSCAPES AND RACE |
119 Michigan Law Review 1695 (June, 2021) |
Property law's roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural... |
2021 |
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| Pamela Foohey , Nathalie Martin |
FINTECH'S ROLE IN EXACERBATING OR REDUCING THE WEALTH GAP |
2021 University of Illinois Law Review 459 (2021) |
Research shows that Black, Latinx, and other minorities pay more for credit and banking services, and that wealth accumulation differs starkly between their households and white households. The link between debt inequality and the wealth gap, however, remains less thoroughly explored, particularly in light of new credit products and debt-like... |
2021 |
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| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
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| Melodie Meyer |
FRACKING IN PUEBLO AND DINÉ COMMUNITIES |
39 UCLA Journal of Environmental Law & Policy 89 (2021) |
Fracking must be regulated from a tribal perspective and ultimately phased out by renewable energy sources in order to prevent environmental contamination and threats to health and safety. Like many other components of extractive industry, fracking disproportionately harms indigenous communities due to the socioeconomic status of indigenous... |
2021 |
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| Yuri G. Mantilla |
FRANCISCO DE VITORA'S NORMATVE IDEAS AND THE BEGINNINGS OF INTERNATIONAL LAW: A COLONIAL ETHNOCENTRIC DISCOURSE, OR A BONA FIDE EFFORT TO CONSTRUCT JUST INTERNATIONAL NORMS? |
44 Loyola of Los Angeles International and Comparative Law Review 43 (Summer, 2021) |
The fragmentation of international law, its legal positivist foundation, and the influence of critical approaches in its deconstruction has shaped debates about international law's present and future. To properly understand prevalent international normative ideas and to think about potential improvements in constructing a just normative... |
2021 |
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| Rachael Paschal Osborn |
FROM LOON LAKE TO CHUCKANUT CREEK: THE RISE AND FALL OF ENVIRONMENTAL VALUES IN WASHINGTON'S WATER RESOURCES ACT |
11 Washington Journal of Environmental Law & Policy 115 (January, 2021) |
How does one put a dollar value on being in the presence of crystal clear water coursing down a steep slope through a rock-lined, moss-edged stream bed among evergreen trees, for example? While commercial uses of the state's instream flows might be made--tourism and paid-for recreation, for example--such uses do not entail the total benefits... |
2021 |
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| Marianne M. Jennings |
FROM THE COURTS |
49 Real Estate Law Journal 224 (Winter, 2021) |
Fee simples entered back into the high court's lingo recently, but only on the heels of a sexual assault case. Reread that first sentence because its combination of words seems unfathomably possible. The decision in McGirt v. Oklahoma is a study in land rights, criminal law, sovereignty, abandonment, assumptions, sloppy documentation, and, of... |
2021 |
Yes |
| Darryl Li |
GENRES OF UNIVERSALISM: READING RACE INTO INTERNATIONAL LAW, WITH HELP FROM SYLVIA WYNTER |
67 UCLA Law Review 1686 (April, 2021) |
Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the... |
2021 |
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| Jared Green |
GOING OFF THE RAILS ON THE MAYAN TRAIN: HOW AMLO'S DEVELOPMENT PROJECT IS ON A FAST TRACK TO MULTIPLE VIOLATIONS OF INDIGENOUS RIGHTS |
36 American University International Law Review 845 (2021) |
I. INTRODUCTION. 847 II. BACKGROUND. 848 A. The Mayan Train. 848 B. Principal Organs of the Inter-American Human Rights System. 853 C. The Inter-American System's Relevant Legal Obligations Regarding Indigenous Rights. 855 i. The Right to Property under Article 21 of the ACHR. 855 ii. The Right to Equal Protection of the Law and to Judicial... |
2021 |
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| Ruth L. Okediji |
GRAFTING TRADITIONAL KNOWLEDGE ONTO A COMMON LAW SYSTEM |
110 Georgetown Law Journal 75 (October, 2021) |
Modern legal systems are not usually designed to protect Indigenous traditional knowledge or traditional cultural expressions but are, more often, historically complicit in their misuse or suppression. The undefined status of traditional knowledge has left Indigenous communities vulnerable to harms not readily cognizable by either common or civil... |
2021 |
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| Nicholas R. Parrillo, Yale Law School, New Haven, CT, USA, doi:10.1093/ajlh/njab013, Advance Access Publication Date: 20 September 2021 |
GREGORY ABLAVSKY, FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES (NEW YORK: OXFORD UNIVERSITY PRESS, 2021) PP 360. USD 39.95 (HARDCOVER). ISBN 978-0190905699 |
61 American Journal of Legal History 338 (September, 2021) |
This is a legal, constitutional, political, and administrative history of the first two US federal territories: the Northwest Territory, from its organization in 1787 until part of it became a state (Ohio) in 1803; and the Southwest Territory, from its organization in 1790 through its early years of being the state of Tennessee starting in 1796.... |
2021 |
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| Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': INDIGENOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF INDIGENOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
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| Ann E. Tweedy |
HAS FEDERAL INDIAN LAW FINALLY ARRIVED AT "THE FAR END OF THE TRAIL OF TEARS"? |
37 Georgia State University Law Review 739 (Spring, 2021) |
This Article examines the United States Supreme Court's July 9, 2020 decision in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation remain intact, and argues that the decision may signal a sea change in the course of federal Indian law of the magnitude of Obergefell v. Hodges in the LGBT rights arena. The Article... |
2021 |
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| Troy J.H. Andrade |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
2021 |
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| John F. Clark , President and CEO, The National Center for Missing & Exploited Children |
HELP FOR MISSING AMERICAN INDIAN AND ALASKA NATIVE CHILDREN |
69 Department of Justice Journal of Federal Law and Practice 5 (January, 2021) |
A tribal court was so concerned about the welfare of four children, ages 5, 6, 11, and 14, that it removed them from their home and placed them with a family outside the reservation for their protection. Their mother was ordered to have absolutely no contact with them. It wasn't long before an AMBER Alert was issued in Wyoming, underscoring why the... |
2021 |
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| Trevor W. Carolan |
HON. DIANE J. HUMETEWA |
68-APR Federal Lawyer 24 (March/April, 2021) |
When entering Judge Diane J. Humetewa's chambers at the Sandra Day O'Connor Courthouse in Phoenix, one is immersed in décor encapsulating the beauty and diversity of Arizona--petrified wooden tables, turquoise Native American pottery, assorted cacti, and art depicting the vast Grand Canyon. This rich landscape has been the backdrop of Judge... |
2021 |
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| Conor J. Hyatt |
HONG KONG SMALL HOUSE POLICY: MODERNITY, CRISIS MORALITY & POLICIES FOR REPAIR |
4 Cardozo International & Comparative Law Review 763 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 763 II. Modern Hong Kong: Land Use and Residency. 766 A. Topography and Land Availability. 766 B. Hong Kong Land Leasing and Taxation. 767 C. Population Density. 768 D. Public vs. Private Housing Market. 768 E. History of The New Territories. 769 III. The Small House Policy (SHP). 771 IV. Modern SHP and... |
2021 |
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| Adam Crepelle |
HOW FEDERAL INDIAN LAW PREVENTS BUSINESS DEVELOPMENT IN INDIAN COUNTRY |
23 University of Pennsylvania Journal of Business Law 683 (2021) |
I. Introduction. 683 II. Data. 690 III. Tribal Sovereignty and Economic Development. 693 IV. How Federal Indian Law Kills Reservation Economies. 705 A. Jurisdictional Uncertainty. 706 1. Civil Jurisdiction. 707 2. Forum Selection Clauses and Arbitration Agreements. 712 3. Enforcing Judicial Decrees. 715 4. Criminal Jurisdiction. 717 B. Land Status.... |
2021 |
Yes |
| Kaleah M. Ault |
HOW THE WEST WAS LOST: TRIBAL CRIMINAL JURISDICTION MUST CHANGE TO DEAL WITH SEXUAL ASSAULT, NATIVE AMERICAN WOMEN, AND CHANGING TIMES |
34 DCBA Brief 20 (September/October, 2021) |
Much like how the United States grappled with slavery, it has struggled in its relations to Native Americans since the beginning of its tumultuous relationship with them. The jurisdictional imbroglio between the United States government and Native American tribes, formed in the forges of distrust, dishonesty, and genocidal endeavor, has been deeply... |
2021 |
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| Elly Kugler, Kyra Perrigo |
HUD'S COLLABORATION WITH TRIBAL NATIONS TO RESPOND TO COVID-19 |
30 Journal of Affordable Housing & Community Development Law 1 (2021) |
The U.S. Department of Housing and Urban Development (HUD) has a long-standing mandate to administer funding that it provides to federally recognized tribal nations in support of those nations' sovereignty and in recognition of the U.S. government's trust and treaty responsibilities. Many of these programs have been instrumental in assisting tribal... |
2021 |
Yes |
| Marcia Zug |
ICWA'S IRONY |
45 American Indian Law Review 1 (2021) |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
2021 |
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| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
Yes |
| James G. Devaney, Christian J. Tams, University of Glasgow, Scotland, University of Glasgow, Scotland |
IN RE ARBITRATION BETWEEN THE ITALIAN REPUBLIC AND THE REPUBLIC OF INDIA CONCERNING THE "ENRICA LEXIE" INCIDENT. PCA CASE NO. 2015-28. AWARD. UN CONVENTION ON THE LAW OF THE SEA ANNEX VII TRIBUNAL, MAY 21, 2020 |
115 American Journal of International Law 513 (July, 2021) |
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent... |
2021 |
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| Catherine Meyer |
IN RE PENNEAST PIPELINE CO.: THE THIRD CIRCUIT PROVIDES OPPORTUNITY TO STATES HOPING TO BAN PIPELINE CONSTRUCTION |
34 Tulane Environmental Law Journal 385 (Summer, 2021) |
I. Overview. 385 II. Background. 387 A. Eminent Domain. 387 B. State Sovereign Immunity. 388 C. Potential Exceptions to Eleventh Amendment Immunity. 390 III. Court's Decision. 391 IV. Analysis. 395 V. Conclusion. 398 |
2021 |
Yes |
| Irina D. Manta , Cassandra Burke Robertson |
INALIENABLE CITIZENSHIP |
99 North Carolina Law Review 1425 (September, 2021) |
Over the last decade, citizenship in the United States has become increasingly precarious. Denaturalization cases increased under President Obama and skyrocketed under President Trump. No number of years spent in the United States protects individuals against sudden accusations that they procured citizenship fraudulently or were never eligible for... |
2021 |
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| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
Yes |