AuthorTitleCitationSummaryYear
Bart T. Stupak , Justin Nemeroff 2015 Acknowledgement Regula Native American Treaties 98-AUG Michigan Bar Journal 22 (August, 2019) Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83. The Part 83 process... 2019
Author Bart T. Stupak , Justin Nemeroff
Title 2015 Acknowledgement Regula Native American Treaties
Citation 98-AUG Michigan Bar Journal 22 (August, 2019)
Summary Before 1978, the existence of a treaty alone between a Native American group and the federal government was conclusive evidence to demonstrate a government-to-government relationship. Today, groups seeking federal acknowledgement as a Native American tribe must undertake an arduous petitioning process, referred to as Part 83. The Part 83 process...
Year 2019
Jennie Bricker Defining 'Indian' 79-MAY Oregon State Bar Bulletin 28 (May, 2019) Columbia Park occupies 450 acres along the Columbia River in Tri-Cities, Wash. It hosts an annual event called the Water Follies, which includes a hydroplane race. On July 28, 1996, Will Thomas and Dave Deacy were wading along the river bank near Kennewick, sipping from cans of Busch Light and looking to avoid the race's entrance fee. Thomas... 2019
Author Jennie Bricker
Title Defining 'Indian'
Citation 79-MAY Oregon State Bar Bulletin 28 (May, 2019)
Summary Columbia Park occupies 450 acres along the Columbia River in Tri-Cities, Wash. It hosts an annual event called the Water Follies, which includes a hydroplane race. On July 28, 1996, Will Thomas and Dave Deacy were wading along the river bank near Kennewick, sipping from cans of Busch Light and looking to avoid the race's entrance fee. Thomas...
Year 2019
Marijuana Legalization in the United States: State v. Tribal Sovereignty 52 Criminal Law Bulletin ART 5 Angela graduated with a J.D. from the University of Massachusetts School of Law in May 2016. Special thanks to Professors Kevin Connelly and Spencer Clough for their guidance and patience, and a very special thank you to Alex White Plume for inspiring this research. 2019
Author
Title Marijuana Legalization in the United States: State v. Tribal Sovereignty
Citation 52 Criminal Law Bulletin ART 5
Summary Angela graduated with a J.D. from the University of Massachusetts School of Law in May 2016. Special thanks to Professors Kevin Connelly and Spencer Clough for their guidance and patience, and a very special thank you to Alex White Plume for inspiring this research.
Year 2019
Sean P. Belding Monetizing Tribal and State Sovereign Immunity in Patent Law: an Attempt to Neutralize the Patent Death Squad 26 Journal of Intellectual Property Law L. 1 (Spring, 2019) On September 8, 2017, Allergan announced the assignment of six of its patents to the St. Regis Mohawk Tribe. These six patents protected Allergan's exclusivity over the blockbuster drug RESTASIS and were at risk of invalidity due to an inter partes review proceeding. In return for substantial monetary consideration, the Mohawk Tribe granted... 2019
Author Sean P. Belding
Title Monetizing Tribal and State Sovereign Immunity in Patent Law: an Attempt to Neutralize the Patent Death Squad
Citation 26 Journal of Intellectual Property Law L. 1 (Spring, 2019)
Summary On September 8, 2017, Allergan announced the assignment of six of its patents to the St. Regis Mohawk Tribe. These six patents protected Allergan's exclusivity over the blockbuster drug RESTASIS and were at risk of invalidity due to an inter partes review proceeding. In return for substantial monetary consideration, the Mohawk Tribe granted...
Year 2019
Ridge Howell Overlooking Canon: How the Alabama Supreme Court Used a Footnote to Disregard Tribal Sovereign Immunity in Wilkes v. Pci Gaming Authority 43 American Indian Law Review 437 (2019) The Poarch Band of Creek Indians--unsuccessfully--petitioned for a writ of certiorari to the Supreme Court following an Alabama Supreme Court decision against it. In Wilkes v. PCI Gaming Authority, a decision proving disastrous for tribes across the country, the Alabama high court rejected the time-honored doctrine of tribal sovereign immunity. The... 2019
Author Ridge Howell
Title Overlooking Canon: How the Alabama Supreme Court Used a Footnote to Disregard Tribal Sovereign Immunity in Wilkes v. Pci Gaming Authority
Citation 43 American Indian Law Review 437 (2019)
Summary The Poarch Band of Creek Indians--unsuccessfully--petitioned for a writ of certiorari to the Supreme Court following an Alabama Supreme Court decision against it. In Wilkes v. PCI Gaming Authority, a decision proving disastrous for tribes across the country, the Alabama high court rejected the time-honored doctrine of tribal sovereign immunity. The...
Year 2019
John Mixon Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review 93 Saint John's Law Review 233 (2019) From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... 2019
Author John Mixon
Title Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review
Citation 93 Saint John's Law Review 233 (2019)
Summary From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to...
Year 2019
John Mixon Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review 93 Saint John's Law Review 233 (2019) From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to... 2019
Author John Mixon
Title Patently Inconsistent: State and Tribal Sovereign Immunity in Inter Partes Review
Citation 93 Saint John's Law Review 233 (2019)
Summary From 2016 to 2017, the Patent Trial and Appeals Board (PTAB or the Board), an adjudicatory branch of the United States Patent and Trademark Office (USPTO), instituted five separate inter partes review (IPR) proceedings against patents owned by various state universities. Upon instituting these proceedings, the universities all moved to...
Year 2019
Christopher B. Phillips Patently Unjust: Tribal Sovereign Immunity at the U.s. Patent Office 92 Southern California Law Review 703 (March, 2019) C1-2TABLE OF CONTENTS INTRODUCTION. 704 I. SOVEREIGN IMMUNITY. 708 A. Tribal Sovereign Immunity. 709 1. Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.. 710 2. Michigan v. Bay Mills Indian Community. 711 3. Upper Skagit Indian Tribe v. Lundgren. 713 B. State Sovereign Immunity. 714 1. Florida Prepaid Postsecondary Education Expense... 2019
Author Christopher B. Phillips
Title Patently Unjust: Tribal Sovereign Immunity at the U.s. Patent Office
Citation 92 Southern California Law Review 703 (March, 2019)
Summary C1-2TABLE OF CONTENTS INTRODUCTION. 704 I. SOVEREIGN IMMUNITY. 708 A. Tribal Sovereign Immunity. 709 1. Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.. 710 2. Michigan v. Bay Mills Indian Community. 711 3. Upper Skagit Indian Tribe v. Lundgren. 713 B. State Sovereign Immunity. 714 1. Florida Prepaid Postsecondary Education Expense...
Year 2019
Lucas Paez Reviewing St. Regis: Unresolved Issues at the Intersection of Tribal Sovereign Immunity and Patent Law 21 Vanderbilt Journal of Entertainment and Technology Law 1125 (Summer, 2019) In July 2018, the Federal Circuit ruled that sovereign immunity does not circumvent an inter partes review brought by the Patent Trial and Appeal Board. By deciding against the tribe in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals (St. Regis), the court determined that inter partes reviews are adjudicatory proceedings brought by the United... 2019
Author Lucas Paez
Title Reviewing St. Regis: Unresolved Issues at the Intersection of Tribal Sovereign Immunity and Patent Law
Citation 21 Vanderbilt Journal of Entertainment and Technology Law 1125 (Summer, 2019)
Summary In July 2018, the Federal Circuit ruled that sovereign immunity does not circumvent an inter partes review brought by the Patent Trial and Appeal Board. By deciding against the tribe in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals (St. Regis), the court determined that inter partes reviews are adjudicatory proceedings brought by the United...
Year 2019
Katrina Grace Geddes Sovereign Immunity for Rent: How the Commodification of Tribal Sovereign Immunity Reflects the Failures of the U.s. Patent System 29 Fordham Intellectual Property, Media and Entertainment Law Journal 767 (Spring, 2019) Last year, a Fortune 500 pharmaceutical company attempted to rent the sovereign immunity of an American Indian tribe in order to shield its patents on a dry-eye drug from invalidation by generic competitors in inter partes review. Pharmaceutical firms are notorious for pursuing unconventional methods to extend the duration of their patents and, in... 2019
Author Katrina Grace Geddes
Title Sovereign Immunity for Rent: How the Commodification of Tribal Sovereign Immunity Reflects the Failures of the U.s. Patent System
Citation 29 Fordham Intellectual Property, Media and Entertainment Law Journal 767 (Spring, 2019)
Summary Last year, a Fortune 500 pharmaceutical company attempted to rent the sovereign immunity of an American Indian tribe in order to shield its patents on a dry-eye drug from invalidation by generic competitors in inter partes review. Pharmaceutical firms are notorious for pursuing unconventional methods to extend the duration of their patents and, in...
Year 2019
Gregory Ablavsky Sovereign Metaphors in Indian Law 80 Montana Law Review 11 (Winter, 2019) The status of Native nations under federal law, the Supreme Court has repeatedly stated, is unique. The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence, Chief Justice Marshall announced in Cherokee Nation v. Georgia; it was marked by peculiar and cardinal distinctions which... 2019
Author Gregory Ablavsky
Title Sovereign Metaphors in Indian Law
Citation 80 Montana Law Review 11 (Winter, 2019)
Summary The status of Native nations under federal law, the Supreme Court has repeatedly stated, is unique. The condition of the Indians in relation to the United States is perhaps unlike that of any other two people in existence, Chief Justice Marshall announced in Cherokee Nation v. Georgia; it was marked by peculiar and cardinal distinctions which...
Year 2019
Andrea M. Seielstad The Need for More Exacting Assessment of the Individual Rights and Sovereign Interests at Stake in Federal Court Interpretation of "Detention" under the Indian Civil Rights Act's Remedy of Habeas Corpus 14 Tennessee Journal of Law and Policy 63 (Summer, 2019) Pursuant to its federally-recognized plenary power over Indian affairs, Congress enacted the Indian Civil Rights Act in 1968 as a major civil rights initiative aimed at filling the gap in civil rights enforcement within tribal communities. Its aim was to bind tribes, who otherwise are not accountable to the protections of the United States... 2019
Author Andrea M. Seielstad
Title The Need for More Exacting Assessment of the Individual Rights and Sovereign Interests at Stake in Federal Court Interpretation of "Detention" under the Indian Civil Rights Act's Remedy of Habeas Corpus
Citation 14 Tennessee Journal of Law and Policy 63 (Summer, 2019)
Summary Pursuant to its federally-recognized plenary power over Indian affairs, Congress enacted the Indian Civil Rights Act in 1968 as a major civil rights initiative aimed at filling the gap in civil rights enforcement within tribal communities. Its aim was to bind tribes, who otherwise are not accountable to the protections of the United States...
Year 2019
Jason Zenor Tribal (De)termination? Co Native American Imagery and Cultural Sovereignty 48 Southwestern Law Review 81 (2019) The U.S. Supreme Court ruled in Matal v. Tam that the disparagement clause in the Lanham Act was unconstitutional. This case was just another in a line of commercial speech cases to expand the rights of corporations. This ruling also further limits the legal options for tribes to protect their cultural identity from exploitation. In response, this... 2019
Author Jason Zenor
Title Tribal (De)termination? Co Native American Imagery and Cultural Sovereignty
Citation 48 Southwestern Law Review 81 (2019)
Summary The U.S. Supreme Court ruled in Matal v. Tam that the disparagement clause in the Lanham Act was unconstitutional. This case was just another in a line of commercial speech cases to expand the rights of corporations. This ruling also further limits the legal options for tribes to protect their cultural identity from exploitation. In response, this...
Year 2019
Rebecca Tsosie Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty" 80 Montana Law Review 229 (Summer, 2019) There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be... 2019
Author Rebecca Tsosie
Title Tribal Data Governance and Informational Privacy: Constructing "Indigenous Data Sovereignty"
Citation 80 Montana Law Review 229 (Summer, 2019)
Summary There is a growing movement among Indigenous peoples to assert a right to Indigenous data sovereignty, and yet, the term data sovereignty is not widely understood. What does it mean to control the collection, use and management of information in an era of Big Data, in which digital technology transforms knowledge into electronic form, to be...
Year 2019
Brianne Marino Glass Tribal Lending under Cfpb Enforcement: Tribal Sovereign Immunity and the "True Lender" Distinction 23 North Carolina Banking Institute 401 (March, 2019) Tribal sovereign immunity is an important protection that enables Indian tribes and their entities to regulate their own affairs in a way that benefits the tribe and its members. In recent years, however, this sovereign immunity structure has become prone to abuse within the payday lending industry as some non-tribal lenders have established links... 2019
Author Brianne Marino Glass
Title Tribal Lending under Cfpb Enforcement: Tribal Sovereign Immunity and the "True Lender" Distinction
Citation 23 North Carolina Banking Institute 401 (March, 2019)
Summary Tribal sovereign immunity is an important protection that enables Indian tribes and their entities to regulate their own affairs in a way that benefits the tribe and its members. In recent years, however, this sovereign immunity structure has become prone to abuse within the payday lending industry as some non-tribal lenders have established links...
Year 2019
Tribal Sovereign Immunity Overcomes Bankruptcy Code Abrogation 28 Norton Journal of Bankruptcy Law and Practice Art. 5 (12/1/2019) Principal shareholder of Rosen & Associates, P.C., New York 2019
Author
Title Tribal Sovereign Immunity Overcomes Bankruptcy Code Abrogation
Citation 28 Norton Journal of Bankruptcy Law and Practice Art. 5 (12/1/2019)
Summary Principal shareholder of Rosen & Associates, P.C., New York
Year 2019
Cody Wilson Tribal Sovereignty and Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not 72 SMU Law Review 351 (Spring, 2019) [A]T gambling, the deadly sin is to mistake bad play for bad luck. Native American tribes should keep those words in mind following the decision issued by the Unites States Court of Appeals for the Ninth Circuit in State of California v. Iipay Nation of Santa Ysabel. In that case, the Ninth Circuit addressed an issue of first impression, holding... 2019
Author Cody Wilson
Title Tribal Sovereignty and Online Gaming: Fantasy Sports Offer Tribes What Other Games Do Not
Citation 72 SMU Law Review 351 (Spring, 2019)
Summary [A]T gambling, the deadly sin is to mistake bad play for bad luck. Native American tribes should keep those words in mind following the decision issued by the Unites States Court of Appeals for the Ninth Circuit in State of California v. Iipay Nation of Santa Ysabel. In that case, the Ninth Circuit addressed an issue of first impression, holding...
Year 2019
United States-crow Treaty--federal Indian Law-- Indian Plenary Power Doctrine--herrera v. Wyoming 133 Harvard Law Review 402 (November, 2019) As the United States expanded and its territories received statehood, questions naturally emerged about how the nature of relationships between the territories and Indian tribes on those lands would change. These questions were complicated by a changing perspective on the inherent sovereignty of Indian Tribes and how that informed what the courts... 2019
Author
Title United States-crow Treaty--federal Indian Law-- Indian Plenary Power Doctrine--herrera v. Wyoming
Citation 133 Harvard Law Review 402 (November, 2019)
Summary As the United States expanded and its territories received statehood, questions naturally emerged about how the nature of relationships between the territories and Indian tribes on those lands would change. These questions were complicated by a changing perspective on the inherent sovereignty of Indian Tribes and how that informed what the courts...
Year 2019
Jason Mitchell Unoccupied: How a Single Word Affects Wyoming's Ability to Regulate Tribal Hunting Through a Federal Treaty; Herrera v. Wyoming 19 Wyoming Law Review 271 (2019) I. Introduction. 272 II. Background. 274 A. The Second Treaty of Fort Laramie. 274 B. Precedent Implicated in the Treaty's Interpretation. 275 1. Ward v. Race Horse. 275 2. Crow Tribe of Indians v. Repsis. 277 3. Minnesota v. Mille Lacs Band of Chippewa Indians. 278 III. Wyoming State District Court Opinion. 280 A. Procedural Posture. 280 B. Issue... 2019
Author Jason Mitchell
Title Unoccupied: How a Single Word Affects Wyoming's Ability to Regulate Tribal Hunting Through a Federal Treaty; Herrera v. Wyoming
Citation 19 Wyoming Law Review 271 (2019)
Summary I. Introduction. 272 II. Background. 274 A. The Second Treaty of Fort Laramie. 274 B. Precedent Implicated in the Treaty's Interpretation. 275 1. Ward v. Race Horse. 275 2. Crow Tribe of Indians v. Repsis. 277 3. Minnesota v. Mille Lacs Band of Chippewa Indians. 278 III. Wyoming State District Court Opinion. 280 A. Procedural Posture. 280 B. Issue...
Year 2019
Andrew Rome Black Snake on the Periphery: the Dakota Access Pipeline and Tribal Jurisdictional Sovereignty 93 North Dakota Law Review 57 (2018) [W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as... 2018
Author Andrew Rome
Title Black Snake on the Periphery: the Dakota Access Pipeline and Tribal Jurisdictional Sovereignty
Citation 93 North Dakota Law Review 57 (2018)
Summary [W]hen one strips away the convoluted statutes, the technical legal complexities, the elaborate collateral proceedings, and the layers upon layers of interrelated orders and opinions from this Court . what remains is the raw, shocking, humiliating truth at the bottom: After all of these years, our government still treats Native American Indians as...
Year 2018
Michalyn Steele Congressional Power and Sovereignty in Indian Affairs 2018 Utah Law Review 307 (2018) The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,... 2018
Author Michalyn Steele
Title Congressional Power and Sovereignty in Indian Affairs
Citation 2018 Utah Law Review 307 (2018)
Summary The doctrine of inherent tribal sovereignty--that tribes retain aboriginal sovereign governing power over people and territory--is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine,...
Year 2018
Rob Roy Smith Contract Waivers for Tribal Sovereign Immunity: What Every Idaho Attorney Needs to Know 61-APR Advocate 28 (March/April, 2018) You've negotiated thousands of contracts in your career. You're convinced you can draft a binding contract between an Indian tribe and a non-Indian business. You may want to think again. Whether you represent an Indian tribe or seek to do business with a tribe, a basic understanding of tribal sovereign immunity is critical. Working with tribes can... 2018
Author Rob Roy Smith
Title Contract Waivers for Tribal Sovereign Immunity: What Every Idaho Attorney Needs to Know
Citation 61-APR Advocate 28 (March/April, 2018)
Summary You've negotiated thousands of contracts in your career. You're convinced you can draft a binding contract between an Indian tribe and a non-Indian business. You may want to think again. Whether you represent an Indian tribe or seek to do business with a tribe, a basic understanding of tribal sovereign immunity is critical. Working with tribes can...
Year 2018
Christopher B. Chaney Data Sovereignty and the Tribal Law and Order Act 65-APR Federal Lawyer 22 (April, 2018) The provision of criminal justice services in Indian country is a key aspect of tribal sovereignty. These services, which may include policing, investigations, courts, corrections, sex offender registration, and probation/parole, are vital to the safety, vitality, and economic security of all communities. With the rapid development of technology in... 2018
Author Christopher B. Chaney
Title Data Sovereignty and the Tribal Law and Order Act
Citation 65-APR Federal Lawyer 22 (April, 2018)
Summary The provision of criminal justice services in Indian country is a key aspect of tribal sovereignty. These services, which may include policing, investigations, courts, corrections, sex offender registration, and probation/parole, are vital to the safety, vitality, and economic security of all communities. With the rapid development of technology in...
Year 2018
Mary Kathryn Nagle Environmental Justice and Tribal Sovereignty: Lessons from Standing Rock 127 Yale Law Journal Forum 667 (1/20/2018) ABSTRACT. The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding... 2018
Author Mary Kathryn Nagle
Title Environmental Justice and Tribal Sovereignty: Lessons from Standing Rock
Citation 127 Yale Law Journal Forum 667 (1/20/2018)
Summary ABSTRACT. The environmental movement in the 1970s secured many landmark victories, including the passage of important legislation and the establishment of the EPA. However, these activists, while identifying critical environmental problems, failed fully to consider their cause. In particular, the environmental movement ignored the longstanding...
Year 2018
Ryan Hickey Highway Culverts, Salmon Runs, and the Stevens Treaties: a Century of Litigating Pacific Northwest Tribal Fishing Rights 39 Public Land & Resources Law Review 253 (2018) I. Introduction. 254 II. Early Treaty Years and Origins of Conflict. 256 III. The Tribes Take on the State. 258 IV. The Ninth Circuit's 2016-2017 Decision. 263 A. A duty to protect salmon populations and habitat. 263 B. The United States did not waive its ability to allege a Treaty violation. 264 V. From Circuit to Supreme: Exhausting Remedies and... 2018
Author Ryan Hickey
Title Highway Culverts, Salmon Runs, and the Stevens Treaties: a Century of Litigating Pacific Northwest Tribal Fishing Rights
Citation 39 Public Land & Resources Law Review 253 (2018)
Summary I. Introduction. 254 II. Early Treaty Years and Origins of Conflict. 256 III. The Tribes Take on the State. 258 IV. The Ninth Circuit's 2016-2017 Decision. 263 A. A duty to protect salmon populations and habitat. 263 B. The United States did not waive its ability to allege a Treaty violation. 264 V. From Circuit to Supreme: Exhausting Remedies and...
Year 2018
Morgan Medders How the Ninth Circuit Severed the Indian Civil Rights Act from Federal Habeas Corpus Precedent under the Guise of Tribal Sovereignty 42 American Indian Law Review 423 (2018) Two competing interests dominate the interplay between federal Indian law and individual civil rights. On one hand, the U.S. government uplifts tribal sovereignty and recognizes the importance of tribal self-governance, and nowhere is this more special than setting the guidelines for tribal membership. On the other hand, the individual liberties... 2018
Author Morgan Medders
Title How the Ninth Circuit Severed the Indian Civil Rights Act from Federal Habeas Corpus Precedent under the Guise of Tribal Sovereignty
Citation 42 American Indian Law Review 423 (2018)
Summary Two competing interests dominate the interplay between federal Indian law and individual civil rights. On one hand, the U.S. government uplifts tribal sovereignty and recognizes the importance of tribal self-governance, and nowhere is this more special than setting the guidelines for tribal membership. On the other hand, the individual liberties...
Year 2018
Income from Selling Gravel Not Exempt under Seneca Indian Treaties 100 Practical Tax Strategies 43 (April, 2018) In Perkins, 150 TC No. 6 (2018), the Tax Court analyzed two treaties with the Seneca Indian Nation and determined that income earned by a Seneca Indian from selling gravel mined on Seneca land was not exempt from taxation under those treaties. The taxpayers, Mr. and Mrs. Perkins, enrolled members of the Seneca Nation, removed gravel from Seneca... 2018
Author
Title Income from Selling Gravel Not Exempt under Seneca Indian Treaties
Citation 100 Practical Tax Strategies 43 (April, 2018)
Summary In Perkins, 150 TC No. 6 (2018), the Tax Court analyzed two treaties with the Seneca Indian Nation and determined that income earned by a Seneca Indian from selling gravel mined on Seneca land was not exempt from taxation under those treaties. The taxpayers, Mr. and Mrs. Perkins, enrolled members of the Seneca Nation, removed gravel from Seneca...
Year 2018
James Choi Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... 2018
Author James Choi
Title Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity
Citation 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018)
Summary Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical...
Year 2018
James Choi Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018) Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical... 2018
Author James Choi
Title Our Sovereignty, Patently: a Historical Perspective on Fitting Patent Rights with State and Tribal Sovereign Immunity
Citation 16 Georgetown Journal of Law & Public Policy 591 (Summer, 2018)
Summary Modern courts recognize state and tribal sovereign immunity defenses asserted against patent lawsuits and IPRs, even while states and tribes can still initiate their own patent lawsuits against private parties. This immunity enables patent arbitrage by local governments in ways unrelated to incentivizing innovation. Tracing the historical...
Year 2018
Maya Ginga Patently Absurd: Critiquing the Uspto's Disparate Treatment of Tribal and State Immunity in Inter Partes Review 75 Washington and Lee Law Review 1703 (Summer, 2018) C1-3Table of Contents I. Introduction. 1704 II. Introduction to Patent Law. 1715 A. Philosophical Justifications. 1715 B. The Contemporary Patent System. 1718 III. Sovereign Immunity. 1725 A. Tribal Sovereignty. 17285 B. Tribal Economic Liberty and Self-Determination. 1735 C. State Sovereignty. 1736 IV. The Intersection of Intellectual Property and... 2018
Author Maya Ginga
Title Patently Absurd: Critiquing the Uspto's Disparate Treatment of Tribal and State Immunity in Inter Partes Review
Citation 75 Washington and Lee Law Review 1703 (Summer, 2018)
Summary C1-3Table of Contents I. Introduction. 1704 II. Introduction to Patent Law. 1715 A. Philosophical Justifications. 1715 B. The Contemporary Patent System. 1718 III. Sovereign Immunity. 1725 A. Tribal Sovereignty. 17285 B. Tribal Economic Liberty and Self-Determination. 1735 C. State Sovereignty. 1736 IV. The Intersection of Intellectual Property and...
Year 2018
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