| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Henan Hu |
A PHILOSOPHICAL INQUIRY INTO THE CONCEPT OF TERRITORIAL SOVEREIGNTY: A NEW ANALYTICAL FRAMEWORK OF THE TERRITORIAL DISPUTES IN THE CHINA SEAS |
4 Cardozo International & Comparative Law Review 463 (Winter, 2021) |
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial... |
2021 |
Yes |
| Author |
Henan Hu |
| Title |
A PHILOSOPHICAL INQUIRY INTO THE CONCEPT OF TERRITORIAL SOVEREIGNTY: A NEW ANALYTICAL FRAMEWORK OF THE TERRITORIAL DISPUTES IN THE CHINA SEAS |
| Citation |
4 Cardozo International & Comparative Law Review 463 (Winter, 2021) |
| Summary |
Existing normative legal efforts that focus on territorial acquisition, appear inadequate in providing a uniform and final answer to the issue of territorial disputes in the South and East China Seas. China's historical claims are a unique and difficult issue therein. This article returns legal attention to the central concept of territorial... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Josh Martin |
A TRANSNATIONAL LAW OF THE SEA |
21 Chicago Journal of International Law 419 (Winter, 2021) |
It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law--such as sovereign... |
2021 |
Yes |
| Author |
Josh Martin |
| Title |
A TRANSNATIONAL LAW OF THE SEA |
| Citation |
21 Chicago Journal of International Law 419 (Winter, 2021) |
| Summary |
It is widely accepted that we are presently struggling to govern the vast expanse of the ocean effectively. This Article finally gets to the real cause of much of the failures of the law of the sea: Westphalian sovereignty. In particular, it evidences that certain features of our obstinate model of public international law--such as sovereign... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| M. June Harris |
A VIEW FROM TRIBAL COURT |
57-AUG Arizona Attorney 14 (July/August, 2021) |
A trait shared by successful tribal court practitioners is their respect for tribal sovereignty. Whether working in private practice or working for a tribal government, these tribal court practitioners show their respect by knowing the tribal constitution, tribal law and tribal court procedure, and by showing awareness of tribal custom and... |
2021 |
Yes |
| Author |
M. June Harris |
| Title |
A VIEW FROM TRIBAL COURT |
| Citation |
57-AUG Arizona Attorney 14 (July/August, 2021) |
| Summary |
A trait shared by successful tribal court practitioners is their respect for tribal sovereignty. Whether working in private practice or working for a tribal government, these tribal court practitioners show their respect by knowing the tribal constitution, tribal law and tribal court procedure, and by showing awareness of tribal custom and... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Stacy Leeds , Lonnie Beard |
A WEALTH OF SOVEREIGN CHOICES: TAX IMPLICATIONS OF MCGIRT v. OKLAHOMA AND THE PROMISE OF TRIBAL ECONOMIC DEVELOPMENT |
56 Tulsa Law Review 417 (Spring, 2021) |
I. Introduction. 418 A. Overview of McGirt's Tax Implications for the Five Tribes and Oklahoma. 420 B. Possible Tax Impact for other Indigenous Nations. 422 C. Scope of This Article. 424 D. Summary of Technical Tax Issues Arising from McGirt. 424 II. States, Local Governments, and Tribes as Taxing Sovereigns. 424 A. An Overview. 424 B. Territorial... |
2021 |
Yes |
| Author |
Stacy Leeds , Lonnie Beard |
| Title |
A WEALTH OF SOVEREIGN CHOICES: TAX IMPLICATIONS OF MCGIRT v. OKLAHOMA AND THE PROMISE OF TRIBAL ECONOMIC DEVELOPMENT |
| Citation |
56 Tulsa Law Review 417 (Spring, 2021) |
| Summary |
I. Introduction. 418 A. Overview of McGirt's Tax Implications for the Five Tribes and Oklahoma. 420 B. Possible Tax Impact for other Indigenous Nations. 422 C. Scope of This Article. 424 D. Summary of Technical Tax Issues Arising from McGirt. 424 II. States, Local Governments, and Tribes as Taxing Sovereigns. 424 A. An Overview. 424 B. Territorial... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. |
ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE |
11 Columbia Journal of Race and Law 533 (July, 2021) |
Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... |
2021 |
|
| Author |
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. |
| Title |
ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE |
| Citation |
11 Columbia Journal of Race and Law 533 (July, 2021) |
| Summary |
Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nicholas J. Diamond, Kabir A.N. Duggal |
ADDING NEW INGREDIENTS TO AN OLD RECIPE: DO ISDS REFORMS AND NEW INVESTMENT TREATIES SUPPORT HUMAN RIGHTS? |
53 Case Western Reserve Journal of International Law 117 (Spring, 2021) |
The investor-State dispute settlement (ISDS) system has been undergoing significant change along two fronts. First, multi-stakeholder efforts, primarily led by States via the United Nations Commission on International Trade Law (UNCITRAL), have recently been considering various largely procedural reform options. Second, international investment... |
2021 |
Yes |
| Author |
Nicholas J. Diamond, Kabir A.N. Duggal |
| Title |
ADDING NEW INGREDIENTS TO AN OLD RECIPE: DO ISDS REFORMS AND NEW INVESTMENT TREATIES SUPPORT HUMAN RIGHTS? |
| Citation |
53 Case Western Reserve Journal of International Law 117 (Spring, 2021) |
| Summary |
The investor-State dispute settlement (ISDS) system has been undergoing significant change along two fronts. First, multi-stakeholder efforts, primarily led by States via the United Nations Commission on International Trade Law (UNCITRAL), have recently been considering various largely procedural reform options. Second, international investment... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Robert Snigaroff , Craig Richards |
ALASKA NATIVE CORPORATION ENDOWMENT MODELS |
38 Alaska Law Review 1 (June, 2021) |
New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit... |
2021 |
|
| Author |
Robert Snigaroff , Craig Richards |
| Title |
ALASKA NATIVE CORPORATION ENDOWMENT MODELS |
| Citation |
38 Alaska Law Review 1 (June, 2021) |
| Summary |
New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Tom Callahan |
ALASKA NATIVE HUNTING AND FISHING RIGHTS IN A CHANGING CLIMATE: KATIE JOHN, STURGEON, AND A PATH FORWARD |
68 UCLA Law Review 518 (August, 2021) |
Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is... |
2021 |
|
| Author |
Tom Callahan |
| Title |
ALASKA NATIVE HUNTING AND FISHING RIGHTS IN A CHANGING CLIMATE: KATIE JOHN, STURGEON, AND A PATH FORWARD |
| Citation |
68 UCLA Law Review 518 (August, 2021) |
| Summary |
Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kyle E. Scherer |
ALASKA'S TRIBAL TRUST LANDS: A FORGOTTEN HISTORY |
38 Alaska Law Review 37 (June, 2021) |
Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the... |
2021 |
|
| Author |
Kyle E. Scherer |
| Title |
ALASKA'S TRIBAL TRUST LANDS: A FORGOTTEN HISTORY |
| Citation |
38 Alaska Law Review 37 (June, 2021) |
| Summary |
Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
ALGERIA ISSUES LIST OF STRATEGIC ACTIVITIES FOR FOREIGN DIRECT INVESTMENT |
32 Journal of International Taxation 06 (August, 2021) |
Algeria's Complementary Finance Act for 2020 and the Finance Act for 2021 have modified the legal provision that requires each foreign investor to have at least a 51% equity stake owned by an Algerian resident. Accordingly, this rule, known as the 49/51 rule, is no longer a condition for the creation of a legal entity under Algerian law by a... |
2021 |
|
| Author |
|
| Title |
ALGERIA ISSUES LIST OF STRATEGIC ACTIVITIES FOR FOREIGN DIRECT INVESTMENT |
| Citation |
32 Journal of International Taxation 06 (August, 2021) |
| Summary |
Algeria's Complementary Finance Act for 2020 and the Finance Act for 2021 have modified the legal provision that requires each foreign investor to have at least a 51% equity stake owned by an Algerian resident. Accordingly, this rule, known as the 49/51 rule, is no longer a condition for the creation of a legal entity under Algerian law by a... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Will R. Gallagher |
ALLEN v. COOPER: RAISING THE FLAG OF SOVEREIGN IMMUNITY IN THE SHIFTING SEAS OF COPYRIGHT |
80 Maryland Law Review 1221 (2021) |
The expansion of maritime trade in the mid-1600s sparked the Golden Age of Piracy, when fearless privateers plundered the high seas for fame and fortune. One of the most infamous pirates of this era, Blackbeard, left plenty of both for the history books. As traditional piracy has faded from our shores, digital piracy has largely taken its place.... |
2021 |
Yes |
| Author |
Will R. Gallagher |
| Title |
ALLEN v. COOPER: RAISING THE FLAG OF SOVEREIGN IMMUNITY IN THE SHIFTING SEAS OF COPYRIGHT |
| Citation |
80 Maryland Law Review 1221 (2021) |
| Summary |
The expansion of maritime trade in the mid-1600s sparked the Golden Age of Piracy, when fearless privateers plundered the high seas for fame and fortune. One of the most infamous pirates of this era, Blackbeard, left plenty of both for the history books. As traditional piracy has faded from our shores, digital piracy has largely taken its place.... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
|
| Author |
Govind Persad |
| Title |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
| Citation |
2021 University of Illinois Law Review 1085 (2021) |
| Summary |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jim Walters , Melissa Blasing , Program Administrator, Amber Alert Training and Technical Assistance Program, Program Manager, AMBER Alert Training and Technical Assistance Program |
AMBER ALERT IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 21 (January, 2021) |
On May 2, 2016, Pamela Foster's world shattered in a million pieces. That was the day a predator took the promising life of her 11-year-old daughter, Ashlynne Mike. Ashlynne's abduction, rape, and murder on the Navajo reservation in northwest New Mexico is considered one of the worst crimes ever to hit the Navajo Nation. It also exposed a... |
2021 |
|
| Author |
Jim Walters , Melissa Blasing , Program Administrator, Amber Alert Training and Technical Assistance Program, Program Manager, AMBER Alert Training and Technical Assistance Program |
| Title |
AMBER ALERT IN INDIAN COUNTRY |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 21 (January, 2021) |
| Summary |
On May 2, 2016, Pamela Foster's world shattered in a million pieces. That was the day a predator took the promising life of her 11-year-old daughter, Ashlynne Mike. Ashlynne's abduction, rape, and murder on the Navajo reservation in northwest New Mexico is considered one of the worst crimes ever to hit the Navajo Nation. It also exposed a... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Noelani Nasser |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
2021 |
Yes |
| Author |
Noelani Nasser |
| Title |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
| Citation |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
| Summary |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
2021 |
|
| Author |
Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C |
| Title |
AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) |
| Summary |
Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Brian K. Davis |
AMERICAN SAMOA AND THE WEIGHT OF CITIZENSHIP |
34-OCT Utah Bar Journal 22 (September/October, 2021) |
Jus soli (right of the soil), otherwise known as birthright citizenship, is a right nearly all Americans recognize and presume to be true for any person born on American soil. But for the nearly 55,000 residents of American Samoa, a U.S. territory in the South Pacific, this is not the case. Indigenous people born in American Samoa are considered... |
2021 |
|
| Author |
Brian K. Davis |
| Title |
AMERICAN SAMOA AND THE WEIGHT OF CITIZENSHIP |
| Citation |
34-OCT Utah Bar Journal 22 (September/October, 2021) |
| Summary |
Jus soli (right of the soil), otherwise known as birthright citizenship, is a right nearly all Americans recognize and presume to be true for any person born on American soil. But for the nearly 55,000 residents of American Samoa, a U.S. territory in the South Pacific, this is not the case. Indigenous people born in American Samoa are considered... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Chloe Moyer |
AN OKLAHOMA TRIBAL EMPLOYER'S GUIDE TO CONDUCTING BUSINESS IN THE TENTH CIRCUIT |
45 Oklahoma City University Law Review 215 (Spring, 2021) |
Native American tribes have been regulating and conducting business enterprises and gaming facilities for hundreds of years. Since the passage of the Oklahoma Indian Gaming Compact in 2004, Oklahoma has thirty-five tribal Nations that operate; according to the Oklahoma Indian Gaming Association, 130 gaming facilities with approximately 72,850... |
2021 |
|
| Author |
Chloe Moyer |
| Title |
AN OKLAHOMA TRIBAL EMPLOYER'S GUIDE TO CONDUCTING BUSINESS IN THE TENTH CIRCUIT |
| Citation |
45 Oklahoma City University Law Review 215 (Spring, 2021) |
| Summary |
Native American tribes have been regulating and conducting business enterprises and gaming facilities for hundreds of years. Since the passage of the Oklahoma Indian Gaming Compact in 2004, Oklahoma has thirty-five tribal Nations that operate; according to the Oklahoma Indian Gaming Association, 130 gaming facilities with approximately 72,850... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Judith M. Dworkin , Joe W. Keene , Candace D. French |
AN OPPORTUNITY ARISES |
57-AUG Arizona Attorney 38 (July/August, 2021) |
While no Indian tribe in Arizona has yet entered the rapidly expanding marijuana industry, Arizona's recent passage of Proposition 207 provides new opportunities and legal considerations for the 22 tribes here in Arizona. Currently, marijuana is a Schedule I Controlled Substance under the Controlled Substances Act. The act is considered a federal... |
2021 |
|
| Author |
Judith M. Dworkin , Joe W. Keene , Candace D. French |
| Title |
AN OPPORTUNITY ARISES |
| Citation |
57-AUG Arizona Attorney 38 (July/August, 2021) |
| Summary |
While no Indian tribe in Arizona has yet entered the rapidly expanding marijuana industry, Arizona's recent passage of Proposition 207 provides new opportunities and legal considerations for the 22 tribes here in Arizona. Currently, marijuana is a Schedule I Controlled Substance under the Controlled Substances Act. The act is considered a federal... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Scott A. Carriere, University of Calgary |
ANDREW PHILLIPS AND J.C. SHARMAN, OUTSOURCING EMPIRE: HOW COMPANY-STATES MADE THE MODERN WORLD, PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP 272. $40.99 HARDCOVER (ISBN 9780691203515). DOI:10.1017/S0738248021000055 |
39 Law and History Review 211 (February, 2021) |
Andrew Phillips and J.C. Sharman have written a brilliant exposition of Company-States--corporate entities endowed with sovereign powers that ruled vast swathes of the globe throughout the seventeenth, eighteenth, and nineteenth centuries--and the impact that they had in shaping the nature of empire and its colonial legacy. Outsourcing Empire... |
2021 |
Yes |
| Author |
Scott A. Carriere, University of Calgary |
| Title |
ANDREW PHILLIPS AND J.C. SHARMAN, OUTSOURCING EMPIRE: HOW COMPANY-STATES MADE THE MODERN WORLD, PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP 272. $40.99 HARDCOVER (ISBN 9780691203515). DOI:10.1017/S0738248021000055 |
| Citation |
39 Law and History Review 211 (February, 2021) |
| Summary |
Andrew Phillips and J.C. Sharman have written a brilliant exposition of Company-States--corporate entities endowed with sovereign powers that ruled vast swathes of the globe throughout the seventeenth, eighteenth, and nineteenth centuries--and the impact that they had in shaping the nature of empire and its colonial legacy. Outsourcing Empire... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Kekek Jason Stark |
ANISHINAABE INAAKONIGEWIN: PRINCIPLES FOR THE INTERGENERATIONAL PRESERVATION OF MINO-BIMAADIZIWIN |
82 Montana Law Review 293 (Summer, 2021) |
I. Introduction. 293 II. Anishinaabe Law. 295 III. Mino-Bimaadiziwin - To Live a Good Life in Harmony with Creation. 303 IV. Seven Grandfather Teachings. 306 A. Wisdom. 306 B. Love. 309 C. Respect. 312 D. Bravery. 313 E. Honesty. 314 F. Humility. 315 G. Truth. 317 V. Traditional Governance Structure. 318 VI. The Implementation of Traditional Law... |
2021 |
|
| Author |
Kekek Jason Stark |
| Title |
ANISHINAABE INAAKONIGEWIN: PRINCIPLES FOR THE INTERGENERATIONAL PRESERVATION OF MINO-BIMAADIZIWIN |
| Citation |
82 Montana Law Review 293 (Summer, 2021) |
| Summary |
I. Introduction. 293 II. Anishinaabe Law. 295 III. Mino-Bimaadiziwin - To Live a Good Life in Harmony with Creation. 303 IV. Seven Grandfather Teachings. 306 A. Wisdom. 306 B. Love. 309 C. Respect. 312 D. Bravery. 313 E. Honesty. 314 F. Humility. 315 G. Truth. 317 V. Traditional Governance Structure. 318 VI. The Implementation of Traditional Law... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Nedim Hogic, Imad Antoine Ibrahim |
ARCTIC INDIGENOUS COMMUNITIES AND ANTARCTIC ICEBERGS AS SUBJECTS OF INTER-LEGALITY |
57 Stanford Journal of International Law 105 (Winter, 2021) |
The development of different specialized legal regimes that often address the same issues has led to a well-known phenomenon of fragmentation of international law. This phenomenon often leads to a clash of norms. In this article, authors attempt to use a new theoretical framework of Inter-Legality which addresses the situation of competing... |
2021 |
|
| Author |
Nedim Hogic, Imad Antoine Ibrahim |
| Title |
ARCTIC INDIGENOUS COMMUNITIES AND ANTARCTIC ICEBERGS AS SUBJECTS OF INTER-LEGALITY |
| Citation |
57 Stanford Journal of International Law 105 (Winter, 2021) |
| Summary |
The development of different specialized legal regimes that often address the same issues has led to a well-known phenomenon of fragmentation of international law. This phenomenon often leads to a clash of norms. In this article, authors attempt to use a new theoretical framework of Inter-Legality which addresses the situation of competing... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Frédéric Mégret |
ARE THERE "INHERENTLY SOVEREIGN FUNCTIONS" IN INTERNATIONAL LAW? |
115 American Journal of International Law 452 (July, 2021) |
Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very... |
2021 |
Yes |
| Author |
Frédéric Mégret |
| Title |
ARE THERE "INHERENTLY SOVEREIGN FUNCTIONS" IN INTERNATIONAL LAW? |
| Citation |
115 American Journal of International Law 452 (July, 2021) |
| Summary |
Privatization of functions that were traditionally considered sovereign has reached new heights. International lawyers have responded mostly by seeking to limit some of the consequences of that phenomenon, by, for example, ensuring accountability of states for outsourcing. International law has sometimes appeared agnostic, however, about the very... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Olwyn Conway |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
98 Denver Law Review 457 (Spring, 2021) |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
2021 |
|
| Author |
Olwyn Conway |
| Title |
ARE THERE STORIES PROSECUTORS SHOULDN'T TELL?: THE DUTY TO AVOID RACIALIZED TRIAL NARRATIVES |
| Citation |
98 Denver Law Review 457 (Spring, 2021) |
| Summary |
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system. This insulates the criminal system's racially disparate outcomes from scrutiny, thereby precluding reform. Yet prosecutors remain accountable to the electorate.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
ARGENTINA REGULATIONS FOR PROMOTIONAL REGIME FOR KNOWLEDGE-BASED ECONOMY |
32 Journal of International Taxation 05 (June, 2021) |
On 22 March 2021, Argentina's federal tax authorities (AFIP for the Spanish acronym) published, in the Official Gazette, General Resolution 4949/2021 (Resolution 4949), which contains the regulations establishing the procedure for taxpayers to register for the promotional regime and how to use the tax credits bonds issued by National Direction of... |
2021 |
|
| Author |
|
| Title |
ARGENTINA REGULATIONS FOR PROMOTIONAL REGIME FOR KNOWLEDGE-BASED ECONOMY |
| Citation |
32 Journal of International Taxation 05 (June, 2021) |
| Summary |
On 22 March 2021, Argentina's federal tax authorities (AFIP for the Spanish acronym) published, in the Official Gazette, General Resolution 4949/2021 (Resolution 4949), which contains the regulations establishing the procedure for taxpayers to register for the promotional regime and how to use the tax credits bonds issued by National Direction of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Elizabeth Newland |
AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY |
42 Children's Legal Rights Journal 59 (2021) |
This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... |
2021 |
|
| Author |
Elizabeth Newland |
| Title |
AROUND THE WORLD: INDIGENOUS CHILDREN IN CANADA'S FOSTER CARE SYSTEM: BILL C-92 AND THE IMPORTANCE OF CULTURAL IDENTITY |
| Citation |
42 Children's Legal Rights Journal 59 (2021) |
| Summary |
This article addresses the historical colonization of Indigenous people in Canada and how this is continued through the Canadian child welfare system. It will examine the history of colonialism of Indigenous children in Canada, specifically through the creation of residential schools, the increase of Indigenous children in foster care through the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Addie C. Rolnick |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
11 Columbia Journal of Race and Law 811 (July, 2021) |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
2021 |
|
| Author |
Addie C. Rolnick |
| Title |
ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION |
| Citation |
11 Columbia Journal of Race and Law 811 (July, 2021) |
| Summary |
A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Joshua Santangelo |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
37 Emory Bankruptcy Developments Journal 325 (2021) |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
2021 |
Yes |
| Author |
Joshua Santangelo |
| Title |
BANKRUPTING TRIBES: AN EXAMINATION OF TRIBAL SOVEREIGN IMMUNITY AS REPARATION IN THE CONTEXT OF SECTION 106(A) |
| Citation |
37 Emory Bankruptcy Developments Journal 325 (2021) |
| Summary |
This Comment concerns section 106(a) of the Bankruptcy Code, which abrogates sovereign immunity of a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government. A circuit split exists as to whether this section applies to Native Nations. The Sixth Circuit interpreted this section to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
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| Arpitha Kodiveri |
BEING, BECOMING AND (UN)BECOMING INDIGENOUS? INDIGENEITY, HUMAN RIGHTS, AND CLIMATE CHANGE IN INDIA |
38 Wisconsin International Law Journal 232 (Spring, 2021) |
Is conservation a choice for our community or is it our duty in exchange for rights? asked a young Adivasi from Kondingamali, a bauxite-rich hill range in the eastern Indian state of Odisha. This brief encounter with a young Adivasi in Kodingamali brings to light that the Indigeneity embodied in India's legal regime and international law hinges... |
2021 |
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| Author |
Arpitha Kodiveri |
| Title |
BEING, BECOMING AND (UN)BECOMING INDIGENOUS? INDIGENEITY, HUMAN RIGHTS, AND CLIMATE CHANGE IN INDIA |
| Citation |
38 Wisconsin International Law Journal 232 (Spring, 2021) |
| Summary |
Is conservation a choice for our community or is it our duty in exchange for rights? asked a young Adivasi from Kondingamali, a bauxite-rich hill range in the eastern Indian state of Odisha. This brief encounter with a young Adivasi in Kodingamali brings to light that the Indigeneity embodied in India's legal regime and international law hinges... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Russell Fowler |
BENITO JUÁREZ, PRO BONO LAWYER |
57-AUG Tennessee Bar Journal 45 (July/August, 2021) |
The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... |
2021 |
|
| Author |
Russell Fowler |
| Title |
BENITO JUÁREZ, PRO BONO LAWYER |
| Citation |
57-AUG Tennessee Bar Journal 45 (July/August, 2021) |
| Summary |
The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Glennas'ba Augborne Arents , April E. Olson |
BENT, BUT NOT BROKEN |
57-AUG Arizona Attorney 62 (July/August, 2021) |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
2021 |
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| Author |
Glennas'ba Augborne Arents , April E. Olson |
| Title |
BENT, BUT NOT BROKEN |
| Citation |
57-AUG Arizona Attorney 62 (July/August, 2021) |
| Summary |
There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... |
| Year |
2021 |
| Key Terms in Title or Summary |
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