| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Jonathan Adler, Charles Doran, Rosemary McCarney, Martha Hall Findlay, Hugh Short |
TENSIONS AND OPPORTUNITY IN ARCTIC DEVELOPMENT AND STEWARDSHIP |
46 Canada-United States Law Journal 77 (2022) |
MR. STEPHEN PETRAS: Welcome back everyone. We will now start our formal afternoon panel session of our conference. Our next panel will delve into tensions and opportunity in Arctic development and stewardship. Our moderator is Professor Jonathan Adler. Jonathan is the Johan Verheij Memorial Professor of Law here at Case Western Reserve University,... |
2022 |
|
| Author |
Jonathan Adler, Charles Doran, Rosemary McCarney, Martha Hall Findlay, Hugh Short |
| Title |
TENSIONS AND OPPORTUNITY IN ARCTIC DEVELOPMENT AND STEWARDSHIP |
| Citation |
46 Canada-United States Law Journal 77 (2022) |
| Summary |
MR. STEPHEN PETRAS: Welcome back everyone. We will now start our formal afternoon panel session of our conference. Our next panel will delve into tensions and opportunity in Arctic development and stewardship. Our moderator is Professor Jonathan Adler. Jonathan is the Johan Verheij Memorial Professor of Law here at Case Western Reserve University,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Alex Tallchief Skibine |
TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION |
55 University of Michigan Journal of Law Reform 267 (Winter, 2022) |
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... |
2022 |
Yes |
| Author |
Alex Tallchief Skibine |
| Title |
TEXTUALISM AND THE INDIAN CANONS OF STATUTORY CONSTRUCTION |
| Citation |
55 University of Michigan Journal of Law Reform 267 (Winter, 2022) |
| Summary |
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kate R. Finn , Christina A.W. Stanton |
THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS |
33 Colorado Environmental Law Journal 341 (Spring, 2022) |
C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... |
2022 |
|
| Author |
Kate R. Finn , Christina A.W. Stanton |
| Title |
THE (UN)JUST USE OF TRANSITION MINERALS: HOW EFFORTS TO ACHIEVE A LOW-CARBON ECONOMY CONTINUE TO VIOLATE INDIGENOUS RIGHTS |
| Citation |
33 Colorado Environmental Law Journal 341 (Spring, 2022) |
| Summary |
C1-2Table of Contents Introduction. 342 I. The Intersection of Indigenous Rights and Extractive Industries. 346 A. Past Patterns. 347 B. Present Economic Drivers. 353 II. Global Standards to Shape the Supply Chain. 356 III. Russian Indigenous Peoples and Nornickel--A Developing Case Study. 360 IV. Next Steps to a Green Future. 364 A. Strengthening... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Christopher R. Leslie |
THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA |
122 Columbia Law Review 1769 (October, 2022) |
American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... |
2022 |
|
| Author |
Christopher R. Leslie |
| Title |
THE AMERICA WITHOUT MARRIAGE EQUALITY: FA'AFAFINE, THE INSULAR CASES, AND MARRIAGE INEQUALITY IN AMERICAN SAMOA |
| Citation |
122 Columbia Law Review 1769 (October, 2022) |
| Summary |
American Samoa is the only U.S. jurisdiction that does not recognize gender-neutral marriage despite the Supreme Court's Obergefell decision invalidating laws that limit marriage to male-female couples. Among U.S. territories, American Samoa has five unique features: It is the only territory that the United States acquired through negotiation with... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Angela R. Riley |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
121 Michigan Law Review 75 (October, 2022) |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
2022 |
|
| Author |
Angela R. Riley |
| Title |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
| Citation |
121 Michigan Law Review 75 (October, 2022) |
| Summary |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Julia Brokaw , Hudson B. Kingston , Jordan Hughes |
THE 'BURBS AND THE BEES: RACE, CLASS, AND RPBB POLICY IN MINNESOTA |
23 Minnesota Journal of Law, Science & Technology 473 (5/27/2022) |
Conserving the Rusty Patched Bumble Bee (RPBB) is a complicated scientific and legal effort that will require bee researchers, community organizers, and environmental justice coalitions to band together to reverse their decline. However, recent local and national disputes over the conservation of the RPBB demonstrate how a fragmented strategy will... |
2022 |
|
| Author |
Julia Brokaw , Hudson B. Kingston , Jordan Hughes |
| Title |
THE 'BURBS AND THE BEES: RACE, CLASS, AND RPBB POLICY IN MINNESOTA |
| Citation |
23 Minnesota Journal of Law, Science & Technology 473 (5/27/2022) |
| Summary |
Conserving the Rusty Patched Bumble Bee (RPBB) is a complicated scientific and legal effort that will require bee researchers, community organizers, and environmental justice coalitions to band together to reverse their decline. However, recent local and national disputes over the conservation of the RPBB demonstrate how a fragmented strategy will... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Kristine A. Huskey |
THE CASE FOR TRIBAL VETERANS HEALING TO WELLNESS COURTS |
90 UMKC Law Review 577 (Spring, 2022) |
American Indians and Alaska Natives (AIAN) have a long history of serving in the United States military in relatively high numbers, and they continue to do so to this day. In some conflicts, for example the Vietnam War, AIAN soldiers saw disproportionately high rates of combat and were often assigned perilous duties, such as walking point and... |
2022 |
|
| Author |
Kristine A. Huskey |
| Title |
THE CASE FOR TRIBAL VETERANS HEALING TO WELLNESS COURTS |
| Citation |
90 UMKC Law Review 577 (Spring, 2022) |
| Summary |
American Indians and Alaska Natives (AIAN) have a long history of serving in the United States military in relatively high numbers, and they continue to do so to this day. In some conflicts, for example the Vietnam War, AIAN soldiers saw disproportionately high rates of combat and were often assigned perilous duties, such as walking point and... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Tom I. Romero, II |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
25 CUNY Law Review 241 (Summer, 2022) |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
2022 |
|
| Author |
Tom I. Romero, II |
| Title |
THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE |
| Citation |
25 CUNY Law Review 241 (Summer, 2022) |
| Summary |
This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| David S. Schwartz |
THE COMMITTEE OF STYLE AND THE FEDERALIST CONSTITUTION |
70 Buffalo Law Review 781 (April, 2022) |
The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional... |
2022 |
|
| Author |
David S. Schwartz |
| Title |
THE COMMITTEE OF STYLE AND THE FEDERALIST CONSTITUTION |
| Citation |
70 Buffalo Law Review 781 (April, 2022) |
| Summary |
The conventional interpretation of the Constitution assumes that the Committee of Style, which created the final draft of the Constitution, lacked authority to engage with substance; therefore, any arguably substantive changes it purportedly made should be disregarded in favor of earlier draft language found in the records of the Constitutional... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Bethany Sullivan, Jennifer Turner |
THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND |
27 Roger Williams University Law Review 322 (Spring, 2022) |
In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... |
2022 |
|
| Author |
Bethany Sullivan, Jennifer Turner |
| Title |
THE CONTINUED IMPACT OF CARCIERI ON THE RESTORATION OF TRIBAL HOMELANDS: IN NEW ENGLAND AND BEYOND |
| Citation |
27 Roger Williams University Law Review 322 (Spring, 2022) |
| Summary |
In 2009, the United States Supreme Court decided Carcieri v. Salazar, a case involving the Department of the Interior's (the Department or Interior) authority under section 5 of the Indian Reorganization Act (IRA) to acquire land into trust for the Narragansett Indian Tribe. Prior to the Supreme Court's decision, Interior had long interpreted the... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Thomas F. McInerney |
THE EMERGENCE OF INTELLIGENT TREATY SYSTEMS AND THE FUTURE OF INTERNATIONAL LAW |
2022 University of Illinois Journal of Law, Technology and Policy 259 (Fall, 2022) |
Ensuring that multilateral regulatory treaties fulfill their stated purposes is important to solving many intractable global problems. Despite immense challenges, the prospects for achieving these aims have improved in recent years with the emergence of what I term Intelligent Treaty Systems (ITS). I define ITS to include five core capacities... |
2022 |
Yes |
| Author |
Thomas F. McInerney |
| Title |
THE EMERGENCE OF INTELLIGENT TREATY SYSTEMS AND THE FUTURE OF INTERNATIONAL LAW |
| Citation |
2022 University of Illinois Journal of Law, Technology and Policy 259 (Fall, 2022) |
| Summary |
Ensuring that multilateral regulatory treaties fulfill their stated purposes is important to solving many intractable global problems. Despite immense challenges, the prospects for achieving these aims have improved in recent years with the emergence of what I term Intelligent Treaty Systems (ITS). I define ITS to include five core capacities... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Connor Marcum |
THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE |
29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) |
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... |
2022 |
Yes |
| Author |
Connor Marcum |
| Title |
THE ENDS AND THE MEANS: INDIGENOUS SOVEREIGNTY, CLIMATE-RELATED LEGAL ACTIONS, AND FRAMEWORKS OF JUSTICE |
| Citation |
29 Indiana Journal of Global Legal Studies 261 (Winter, 2022) |
| Summary |
Philosophy professor Timothy Morton uses climate change as his foremost example of what he calls a hyperobject: an object that occupies both more physical space and more time than humans can usefully comprehend. For example, one can understand local meteorological occurrences in isolation without necessarily understanding that a given storm was... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kylah Staley |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
73 Hastings Law Journal 1145 (May, 2022) |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
2022 |
|
| Author |
Kylah Staley |
| Title |
THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT |
| Citation |
73 Hastings Law Journal 1145 (May, 2022) |
| Summary |
Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Grant Christensen |
THE EXTRADITION CLAUSE AND INDIAN COUNTRY |
97 North Dakota Law Review 355 (2022) |
I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... |
2022 |
|
| Author |
Grant Christensen |
| Title |
THE EXTRADITION CLAUSE AND INDIAN COUNTRY |
| Citation |
97 North Dakota Law Review 355 (2022) |
| Summary |
I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Shira Cohen |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
93 University of Colorado Law Review 841 (Summer, 2022) |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
2022 |
Yes |
| Author |
Shira Cohen |
| Title |
THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS |
| Citation |
93 University of Colorado Law Review 841 (Summer, 2022) |
| Summary |
Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Evanson Chege Kamau , Faculty of Law, University of Bremen, Bremen, Germany, e-mail: echege@uni-bremen.de |
THE FASTEST ANIMALS ARE NOT THE FASTEST OVER TIME: MALAYSIA ADOPTS A COMPREHENSIVE ABS LEGISLATION AFTER A LONG STEADY EFFORT |
95 IUS Gentium 355 (2022) |
Abstract Malaysia did not have a law to regulate access to genetic resources, associated traditional knowledge (aTK) and benefit-sharing at a Federal level prior to the Nagoya Protocol. Only two States, Sabah and Sarawak, had such a law. Following the assent of the bill of 2017 regulating access and benefit-sharing (ABS) within the entire territory... |
2022 |
|
| Author |
Evanson Chege Kamau , Faculty of Law, University of Bremen, Bremen, Germany, e-mail: echege@uni-bremen.de |
| Title |
THE FASTEST ANIMALS ARE NOT THE FASTEST OVER TIME: MALAYSIA ADOPTS A COMPREHENSIVE ABS LEGISLATION AFTER A LONG STEADY EFFORT |
| Citation |
95 IUS Gentium 355 (2022) |
| Summary |
Abstract Malaysia did not have a law to regulate access to genetic resources, associated traditional knowledge (aTK) and benefit-sharing at a Federal level prior to the Nagoya Protocol. Only two States, Sabah and Sarawak, had such a law. Following the assent of the bill of 2017 regulating access and benefit-sharing (ABS) within the entire territory... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Timothy Sandefur |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
2022 |
Yes |
| Author |
Timothy Sandefur |
| Title |
THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT |
| Citation |
26 Texas Review of Law and Politics 429 (Spring, 2022) |
| Summary |
Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Sam F. Halabi |
THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES |
20 Northwestern Journal of Human Rights 121 (3/30/2022) |
ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... |
2022 |
|
| Author |
Sam F. Halabi |
| Title |
THE HEALTHCARE LEGACY OF THE MISSION CIVILISATRICE IN UNINCORPORATED U.S. TERRITORIES |
| Citation |
20 Northwestern Journal of Human Rights 121 (3/30/2022) |
| Summary |
ABSTRACT--Individual and population health in unincorporated U.S. territories-- American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands--lag terribly behind those in the 50 U.S. states and D.C. The populations in the territories--with drastically higher rates of poverty-- suffer and die from chronic conditions... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
|
| Author |
K-Sue Park |
| Title |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
| Citation |
131 Yale Law Journal 1062 (February, 2022) |
| Summary |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Yuri G. Mantilla |
THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU |
36 Emory International Law Review 287 (2022) |
Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... |
2022 |
|
| Author |
Yuri G. Mantilla |
| Title |
THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU |
| Citation |
36 Emory International Law Review 287 (2022) |
| Summary |
Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Christina Duffy Ponsa-Kraus |
THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES |
131 Yale Law Journal 2449 (June, 2022) |
The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... |
2022 |
|
| Author |
Christina Duffy Ponsa-Kraus |
| Title |
THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES |
| Citation |
131 Yale Law Journal 2449 (June, 2022) |
| Summary |
The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Adam Crepelle |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
110 Georgetown Law Journal 569 (March, 2022) |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
2022 |
Yes |
| Author |
Adam Crepelle |
| Title |
THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY |
| Citation |
110 Georgetown Law Journal 569 (March, 2022) |
| Summary |
C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Alexandra Huneeus |
THE LEGAL STRUGGLE FOR RIGHTS OF NATURE IN THE UNITED STATES |
2022 Wisconsin Law Review 133 (2022) |
Introduction. 133 I. The Origins of U.S. Nature Rights. 138 A. Codifying Navajo Common Law. 139 B. Corporate Persons and Toxic Sludge. 141 C. Ecuador's Constitution as a Catalyst. 145 II. The Quixotic Persistence of Non-Human Rights in the USA. 149 A. Transnational Legitimacy and Symbolic Politics. 150 B. The (Re)Turn to Native American Law. 152 C.... |
2022 |
|
| Author |
Alexandra Huneeus |
| Title |
THE LEGAL STRUGGLE FOR RIGHTS OF NATURE IN THE UNITED STATES |
| Citation |
2022 Wisconsin Law Review 133 (2022) |
| Summary |
Introduction. 133 I. The Origins of U.S. Nature Rights. 138 A. Codifying Navajo Common Law. 139 B. Corporate Persons and Toxic Sludge. 141 C. Ecuador's Constitution as a Catalyst. 145 II. The Quixotic Persistence of Non-Human Rights in the USA. 149 A. Transnational Legitimacy and Symbolic Politics. 150 B. The (Re)Turn to Native American Law. 152 C.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Sabrina Frydman |
THE MATANZA-RIACHUELO BASIN CASE: LESSONS IN ENVIRONMENTAL ACTIVISM FROM THE ARGENTINE SUPREME COURT AND CIVIL SOCIETY ORGANIZATIONS |
28 Southwestern Journal of International Law 47 (2022) |
I. Introduction. 48 II. The Legal Basis for Environmental Claims From a Human Rights Perspective. 50 III. Lessons in Environmental Activism: The Mendoza Case. 56 A. Environmental Issues in the Public Agenda and the Matanza-Riachuelo Basin Crisis. 56 B. Behind the Scenes: Social Activism. 60 C. A Court for the Environment: Ensuring Public Policy... |
2022 |
|
| Author |
Sabrina Frydman |
| Title |
THE MATANZA-RIACHUELO BASIN CASE: LESSONS IN ENVIRONMENTAL ACTIVISM FROM THE ARGENTINE SUPREME COURT AND CIVIL SOCIETY ORGANIZATIONS |
| Citation |
28 Southwestern Journal of International Law 47 (2022) |
| Summary |
I. Introduction. 48 II. The Legal Basis for Environmental Claims From a Human Rights Perspective. 50 III. Lessons in Environmental Activism: The Mendoza Case. 56 A. Environmental Issues in the Public Agenda and the Matanza-Riachuelo Basin Crisis. 56 B. Behind the Scenes: Social Activism. 60 C. A Court for the Environment: Ensuring Public Policy... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Charles W. Tyler , Heather K. Gerken |
THE MYTH OF THE LABORATORIES OF DEMOCRACY |
122 Columbia Law Review 2187 (December, 2022) |
A classic constitutional parable teaches that our federal system of government allows states to function as laboratories of democracy. This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments... |
2022 |
|
| Author |
Charles W. Tyler , Heather K. Gerken |
| Title |
THE MYTH OF THE LABORATORIES OF DEMOCRACY |
| Citation |
122 Columbia Law Review 2187 (December, 2022) |
| Summary |
A classic constitutional parable teaches that our federal system of government allows states to function as laboratories of democracy. This tale has been passed down from generation to generation, often to justify constitutional protections for state autonomy from the federal government. But scholars have failed to explain how state governments... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| David E. Spencer |
THE OECD DRAFT MODEL RULES FOR NEXUS AND REVENUE SOURCING: INTANGIBLE PROPERTY |
33 Journal of International Taxation 32 (September, 2022) |
The OECD Draft Model Rules for Nexus and Revenue Sourcing (Model Rules for Nexus and Revenue Sourcing) cover Intangible Property. But the treatment in those Model Rules of income from Intangible Property is related to other proposals to modify the treatment of Intellectual Property for other purposes, as discussed below. Therefore, the... |
2022 |
Yes |
| Author |
David E. Spencer |
| Title |
THE OECD DRAFT MODEL RULES FOR NEXUS AND REVENUE SOURCING: INTANGIBLE PROPERTY |
| Citation |
33 Journal of International Taxation 32 (September, 2022) |
| Summary |
The OECD Draft Model Rules for Nexus and Revenue Sourcing (Model Rules for Nexus and Revenue Sourcing) cover Intangible Property. But the treatment in those Model Rules of income from Intangible Property is related to other proposals to modify the treatment of Intellectual Property for other purposes, as discussed below. Therefore, the... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Robert G. Natelson |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
23 Federalist Society Review 209 (8/29/2022) |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
2022 |
|
| Author |
Robert G. Natelson |
| Title |
THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE |
| Citation |
23 Federalist Society Review 209 (8/29/2022) |
| Summary |
The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Ari Spitzer |
THE PERSONAL QUESTION DOCTRINE |
14 Northeastern University Law Review 549 (June, 2022) |
Introduction I. Evolution of Popular Sovereignty A. Creation Myth B. Chisholm Prelude C. Reinvention of Popular Sovereignty as a Structural Principle--Federalism D. A Spectacular Failure: Civil War E. Consigned to Desuetude F. Conservatives Revive our Popular Sovereignty 1. Dual Sovereignty 2. Anti-Commandeering 3. Sovereign Immunity 4. Equal... |
2022 |
Yes |
| Author |
Ari Spitzer |
| Title |
THE PERSONAL QUESTION DOCTRINE |
| Citation |
14 Northeastern University Law Review 549 (June, 2022) |
| Summary |
Introduction I. Evolution of Popular Sovereignty A. Creation Myth B. Chisholm Prelude C. Reinvention of Popular Sovereignty as a Structural Principle--Federalism D. A Spectacular Failure: Civil War E. Consigned to Desuetude F. Conservatives Revive our Popular Sovereignty 1. Dual Sovereignty 2. Anti-Commandeering 3. Sovereign Immunity 4. Equal... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Michelle Bryan |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
25 University of Denver Water Law Review 227 (Spring, 2022) |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
2022 |
|
| Author |
Michelle Bryan |
| Title |
THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION |
| Citation |
25 University of Denver Water Law Review 227 (Spring, 2022) |
| Summary |
INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Dr. Gavin Clarkson |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
69-APR Federal Lawyer 32 (March/April, 2022) |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
2022 |
Yes |
| Author |
Dr. Gavin Clarkson |
| Title |
THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY |
| Citation |
69-APR Federal Lawyer 32 (March/April, 2022) |
| Summary |
Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|