AuthorTitleCitationSummaryYear
Jordan Ramharter A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty 72 Maine Law Review 379 (2020) I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School... 2020
Author Jordan Ramharter
Title A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty
Citation 72 Maine Law Review 379 (2020)
Summary I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School...
Year 2020
Christopher Mark Macneill A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims 35 Journal of Environmental Law & Litigation 227 (2020) Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... 2020
Author Christopher Mark Macneill
Title A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims
Citation 35 Journal of Environmental Law & Litigation 227 (2020)
Summary Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3....
Year 2020
Amit Kumar Sinha An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties 45 Brooklyn Journal of International Law 679 (2020) Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... 2020
Author Amit Kumar Sinha
Title An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties
Citation 45 Brooklyn Journal of International Law 679 (2020)
Summary Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1...
Year 2020
Sabina Veneziano An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes 55 University of San Francisco Law Review 31 (2020) TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... 2020
Author Sabina Veneziano
Title An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes
Citation 55 University of San Francisco Law Review 31 (2020)
Summary TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit...
Year 2020
Monte Mills Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights 50 Environmental Law 387 (Spring, 2020) Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... 2020
Author Monte Mills
Title Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights
Citation 50 Environmental Law 387 (Spring, 2020)
Summary Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the...
Year 2020
Christopher R. Rossi Blood, Water, and the Indus Waters Treaty 29 Minnesota Journal of International Law 103 (Summer, 2020) The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... 2020
Author Christopher R. Rossi
Title Blood, Water, and the Indus Waters Treaty
Citation 29 Minnesota Journal of International Law 103 (Summer, 2020)
Summary The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects...
Year 2020
Kate Ricart Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty 44 American Indian Law Review 369 (2020) Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... 2020
Author Kate Ricart
Title Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty
Citation 44 American Indian Law Review 369 (2020)
Summary Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and...
Year 2020
Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding 50 Environmental Law 415 (Spring, 2020) Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... 2020
Author Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens
Title Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding
Citation 50 Environmental Law 415 (Spring, 2020)
Summary Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara...
Year 2020
Gerald Torres Decolonization: Treaties, Resource Use, and Environmental Conservation 91 University of Colorado Law Review 709 (Spring, 2020) Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... 2020
Author Gerald Torres
Title Decolonization: Treaties, Resource Use, and Environmental Conservation
Citation 91 University of Colorado Law Review 709 (Spring, 2020)
Summary Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre...
Year 2020
Stephen E. Henderson, Dean A. Strang Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility 18 Ohio State Journal of Criminal Law 365 (Fall, 2020) The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... 2020
Author Stephen E. Henderson, Dean A. Strang
Title Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility
Citation 18 Ohio State Journal of Criminal Law 365 (Fall, 2020)
Summary The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959...
Year 2020
Jeffrey B. Litwak How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights? 50 Environmental Law 447 (Spring, 2020) Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism... 2020
Author Jeffrey B. Litwak
Title How Much Evidence Should We Need to Protect Cultural Sites and Treaty Rights?
Citation 50 Environmental Law 447 (Spring, 2020)
Summary Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads; Search Snippet: ...B. Litwak Too often, the administrative and judicial systems require tribes to reveal too much about their cultural site and treaty rights before agencies and courts are willing or able to protect them. Tribes must make a difficult decision whether to reveal information about their cultural site and treaty rights practices, which, when made public, leads to damage, vandalism...
Year 2020
Priyasha Saksena Jousting over Jurisdiction: Sovereignty and International Law in Late Nineteenth-century South Asia 38 Law and History Review 409 (May, 2020) In 1879, the government of India passed the Elephant Preservation Act mandating that individuals acquire a government-issued licence to engage in the capture of wild elephants. A year later, it promulgated a set of rules to make the British Indian legislation applicable to an area that included Keonjhar, one of the 600 or so princely states that; Search Snippet: ...requiring a licence issued by a British Indian authority. British Indian legislation, he contended, did not apply to the princely states... 2020
Author Priyasha Saksena
Title Jousting over Jurisdiction: Sovereignty and International Law in Late Nineteenth-century South Asia
Citation 38 Law and History Review 409 (May, 2020)
Summary In 1879, the government of India passed the Elephant Preservation Act mandating that individuals acquire a government-issued licence to engage in the capture of wild elephants. A year later, it promulgated a set of rules to make the British Indian legislation applicable to an area that included Keonjhar, one of the 600 or so princely states that; Search Snippet: ...requiring a licence issued by a British Indian authority. British Indian legislation, he contended, did not apply to the princely states...
Year 2020
Zak Leonard Law of Nations Theory and the Native Sovereignty Debates in Colonial India 38 Law and History Review 373 (May, 2020) Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited; Search Snippet: ...Review May, 2020 Article LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA Zak Leonard [FNa1] Copyright © 2019 by... 2020
Author Zak Leonard
Title Law of Nations Theory and the Native Sovereignty Debates in Colonial India
Citation 38 Law and History Review 373 (May, 2020)
Summary Perhaps few topics are more invidious in colonial legal history than the definition of paramountcy in British India. Alternatively cast as a feudal compact with subordinate native princely states, a noninterventionist policy supportive of semi-sovereignty, and a doctrine invented to justify colonial earth hunger, the concept elicited; Search Snippet: ...Review May, 2020 Article LAW OF NATIONS THEORY AND THE NATIVE SOVEREIGNTY DEBATES IN COLONIAL INDIA Zak Leonard [FNa1] Copyright © 2019 by...
Year 2020
Justin W. Aimonetti Magic Words and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity 2020 Pepperdine Law Review Rev. 1 (2020) There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to; Search Snippet: ...authority to abrogate tribal immunity. To put it differently, the Indian plenary power doctrine is premised on the absolute sovereignty of the United States over the Indian tribes, inclusive of the power to abrogate tribal immunity. [FN17] As... 2020
Author Justin W. Aimonetti
Title Magic Words and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity
Citation 2020 Pepperdine Law Review Rev. 1 (2020)
Summary There is not one example in all of history where the Supreme Court has found that Congress intended to abrogate tribal sovereign immunity without expressly mentioning Indian tribes somewhere in the statute. The Indian plenary power doctrine--an invention of the late nineteenth-century Supreme Court--grants Congress exclusive authority to; Search Snippet: ...authority to abrogate tribal immunity. To put it differently, the Indian plenary power doctrine is premised on the absolute sovereignty of the United States over the Indian tribes, inclusive of the power to abrogate tribal immunity. [FN17] As...
Year 2020
Sadie Normoyle Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate 10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... 2020
Author Sadie Normoyle
Title Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate
Citation 10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020)
Summary Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in...
Year 2020
Tiyanjana Maluwa Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties 41 Michigan Journal of International Law 327 (2020) The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... 2020
Author Tiyanjana Maluwa
Title Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties
Citation 41 Michigan Journal of International Law 327 (2020)
Summary The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a...
Year 2020
Michael Doran Redefining Tribal Sovereignty for the Era of Fundamental Rights 95 Indiana Law Journal 87 (Winter, 2020) This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture... 2020
Author Michael Doran
Title Redefining Tribal Sovereignty for the Era of Fundamental Rights
Citation 95 Indiana Law Journal 87 (Winter, 2020)
Summary This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture...
Year 2020
Michael Bevilacqua Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity 61 Boston College Law Review E-Supplement II.-156 (April 6, 2020) On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to... 2020
Author Michael Bevilacqua
Title Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity
Citation 61 Boston College Law Review E-Supplement II.-156 (April 6, 2020)
Summary On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to...
Year 2020
Brent D. Chicken, Amanda J. Dick Sovereign Lands 6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020) C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and... 2020
Author Brent D. Chicken, Amanda J. Dick
Title Sovereign Lands
Citation 6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020)
Summary C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and...
Year 2020
Samuel Lazerwitz Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers 72 Stanford Law Review 1041 (April, 2020) Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and... 2020
Author Samuel Lazerwitz
Title Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers
Citation 72 Stanford Law Review 1041 (April, 2020)
Summary Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and...
Year 2020
Pippa Browde Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion 20 Nevada Law Journal 651 (Spring, 2020) This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant... 2020
Author Pippa Browde
Title Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion
Citation 20 Nevada Law Journal 651 (Spring, 2020)
Summary This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant...
Year 2020
Nicolas M. Traut Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test 48 Capital University Law Review 403 (Fall, 2020) Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J... 2020
Author Nicolas M. Traut
Title Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test
Citation 48 Capital University Law Review 403 (Fall, 2020)
Summary Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J...
Year 2020
Charles Wilkinson The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law 50 Environmental Law 331 (Spring, 2020) Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of... 2020
Author Charles Wilkinson
Title The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law
Citation 50 Environmental Law 331 (Spring, 2020)
Summary Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of...
Year 2020
Sonia E. Rolland The Impact of Trade and Investment Treaties on Fiscal Resources and Taxation in Developing Countries 21 Chicago Journal of International Law 48 (Summer, 2020) Developing countries need fiscal revenue to build their infrastructure, achieve energy security and environmental sustainability, and provide social services necessary for human development. While trade and investment treaties have typically been assumed to be tax revenue-neutral, economic studies demonstrate that such is not, in fact, the case; Search Snippet: ...81, at art. 9.12. . Model Text for the Indian Bilateral Investment Treaty, art. 11(iii) (Gov. of India, Ministry of Fin. Dep't... 2020
Author Sonia E. Rolland
Title The Impact of Trade and Investment Treaties on Fiscal Resources and Taxation in Developing Countries
Citation 21 Chicago Journal of International Law 48 (Summer, 2020)
Summary Developing countries need fiscal revenue to build their infrastructure, achieve energy security and environmental sustainability, and provide social services necessary for human development. While trade and investment treaties have typically been assumed to be tax revenue-neutral, economic studies demonstrate that such is not, in fact, the case; Search Snippet: ...81, at art. 9.12. . Model Text for the Indian Bilateral Investment Treaty, art. 11(iii) (Gov. of India, Ministry of Fin. Dep't...
Year 2020
Brian Richardson The Imperial Treaty Power 168 University of Pennsylvania Law Review 931 (March, 2020) The modern debate over the scope of the federal government's treaty-making power is largely framed by motivated histories written at the turn of the last century. These histories, by and large, gave a legal imprimatur to the acquisition of the insular possessions and the exercise of colonial government over them. A principal contribution of these; Search Snippet: ...federal Indian law during this period. See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv. L. Rev... 2020
Author Brian Richardson
Title The Imperial Treaty Power
Citation 168 University of Pennsylvania Law Review 931 (March, 2020)
Summary The modern debate over the scope of the federal government's treaty-making power is largely framed by motivated histories written at the turn of the last century. These histories, by and large, gave a legal imprimatur to the acquisition of the insular possessions and the exercise of colonial government over them. A principal contribution of these; Search Snippet: ...federal Indian law during this period. See Maggie Blackhawk, Federal Indian Law as Paradigm Within Public Law , 132 Harv. L. Rev...
Year 2020
Robin Kundis Craig The New United Nations High Seas Treaty: a Primer 34-SPG Natural Resources & Environment 48 (Spring, 2020) The world is gearing up to protect biodiversity in the open ocean. Whether the United States will participate remains an open question. On November 27, 2019, the United Nations released the latest draft of its proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological; Search Snippet: ...being negotiated). Although the exact language of many of the treaty's core principles is still being negotiated, the parties have settled... 2020
Author Robin Kundis Craig
Title The New United Nations High Seas Treaty: a Primer
Citation 34-SPG Natural Resources & Environment 48 (Spring, 2020)
Summary The world is gearing up to protect biodiversity in the open ocean. Whether the United States will participate remains an open question. On November 27, 2019, the United Nations released the latest draft of its proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological; Search Snippet: ...being negotiated). Although the exact language of many of the treaty's core principles is still being negotiated, the parties have settled...
Year 2020
Kaylee Kilolani Michiko Correa The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale 17 Indiana Health Law Review 257 (2020) The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...one of several Hawaiian rights advocacy approaches circling around the Native Hawaiian community [FN22] -- indigenous peoples rights, decolonization, and sovereignty are the three other main theories. [FN23] Federal recognition grants... 2020
Author Kaylee Kilolani Michiko Correa
Title The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale
Citation 17 Indiana Health Law Review 257 (2020)
Summary The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...one of several Hawaiian rights advocacy approaches circling around the Native Hawaiian community [FN22] -- indigenous peoples rights, decolonization, and sovereignty are the three other main theories. [FN23] Federal recognition grants...
Year 2020
Camila Bustos The Third Space of Puerto Rican Sovereignty: Reimagining Self-determination Beyond State Sovereignty 32 Yale Journal of Law & Feminism 73 (2020) The relationship between Puerto Rico and the United States has long been a story of empire and colonization. From the island's annexation to today, Puerto Ricans have struggled for their right to self-determination. The fiscal control board, housing crisis, austerity measures, Hurricane Maria, and the recent resignation of former governor; Search Snippet: ...against it constitute a conflict over boundaries. The resistance of indigenous people to this process creates what Bruyneel calls the third space of sovereignty , which resides neither simply inside nor outside the American political... 2020
Author Camila Bustos
Title The Third Space of Puerto Rican Sovereignty: Reimagining Self-determination Beyond State Sovereignty
Citation 32 Yale Journal of Law & Feminism 73 (2020)
Summary The relationship between Puerto Rico and the United States has long been a story of empire and colonization. From the island's annexation to today, Puerto Ricans have struggled for their right to self-determination. The fiscal control board, housing crisis, austerity measures, Hurricane Maria, and the recent resignation of former governor; Search Snippet: ...against it constitute a conflict over boundaries. The resistance of indigenous people to this process creates what Bruyneel calls the third space of sovereignty , which resides neither simply inside nor outside the American political...
Year 2020
Joseph Blocher, Mitu Gulati Transferable Sovereignty: Lessons from the History of the Congo Free State 69 Duke Law Journal 1219 (March, 2020) In November 1908, the international community tried to buy its way out of the century's first recognized humanitarian crisis: King Leopold II's exploitation and abuse of the Congo Free State. And although the oppression of Leopold's reign is by now well recognized, little attention has been paid to the mechanism that ended it--a purchased transfer; Search Snippet: ...labor- based theory to help justify the partial displacement of Native American claims to both property and sovereignty. [FN63] These same themes of property and sovereignty are intertwined... 2020
Author Joseph Blocher, Mitu Gulati
Title Transferable Sovereignty: Lessons from the History of the Congo Free State
Citation 69 Duke Law Journal 1219 (March, 2020)
Summary In November 1908, the international community tried to buy its way out of the century's first recognized humanitarian crisis: King Leopold II's exploitation and abuse of the Congo Free State. And although the oppression of Leopold's reign is by now well recognized, little attention has been paid to the mechanism that ended it--a purchased transfer; Search Snippet: ...labor- based theory to help justify the partial displacement of Native American claims to both property and sovereignty. [FN63] These same themes of property and sovereignty are intertwined...
Year 2020
United States-muscogee (Creek) Nation Treaty-- Federal Indian Law-- Disestablishment of Indian Reservations-- Mcgirt V. Oklahoma 134 Harvard Law Review 600 (November, 2020) On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one; Search Snippet: ...Case Federal Statutes and Treaties UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS -- MCGIRT v. OKLAHOMA Copyright © 2020 by The Harvard Law... 2020
Author
Title United States-muscogee (Creek) Nation Treaty-- Federal Indian Law-- Disestablishment of Indian Reservations-- Mcgirt V. Oklahoma
Citation 134 Harvard Law Review 600 (November, 2020)
Summary On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often broken by Congress or sometimes by judges on federal common law grounds. But last Term, in McGirt v. Oklahoma, the Supreme Court held that one; Search Snippet: ...Case Federal Statutes and Treaties UNITED STATES-MUSCOGEE (CREEK) NATION TREATY-- FEDERAL INDIAN LAW-- DISESTABLISHMENT OF INDIAN RESERVATIONS -- MCGIRT v. OKLAHOMA Copyright © 2020 by The Harvard Law...
Year 2020
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