| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Kalika Mehta , Avantika Tiwari |
BETWEEN SEXUAL VIOLENCE AND AUTONOMY: RETHINKING THE ENGAGEMENT OF THE INDIAN WOMEN'S MOVEMENT WITH CRIMINAL LAW |
22 German Law Journal 860 (August, 2021) |
(Received 06 July 2021; accepted 07 July 2021) The aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women's movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in... |
2021 |
|
| Author |
Kalika Mehta , Avantika Tiwari |
| Title |
BETWEEN SEXUAL VIOLENCE AND AUTONOMY: RETHINKING THE ENGAGEMENT OF THE INDIAN WOMEN'S MOVEMENT WITH CRIMINAL LAW |
| Citation |
22 German Law Journal 860 (August, 2021) |
| Summary |
(Received 06 July 2021; accepted 07 July 2021) The aftermath of protests triggered by a brutal gang-rape in New Delhi in December 2012 was archetypal of the broader women's movement in post-independence India. The primary demands of the social movement to address sexual violence against women were wrapped in the language of rights-based reforms in... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
BRAZILIAN TAX AUTHORITY RULES AGAINST WITHHOLDING TAX ON CROSS-BORDER INSURANCE PREMIUMS |
32 Journal of International Taxation 06 (December, 2021) |
In Private Letter Ruling (PLR) No. 138 of 20 September 2021, the Brazilian Tax Authority provided welcome guidance as it ruled that, under the rules of the Brazil-Norway double tax treaty, withholding tax does not apply to insurance premiums paid to a Norwegianinsurance company without a permanent establishment in Brazil. A Brazilian resident... |
2021 |
Yes |
| Author |
|
| Title |
BRAZILIAN TAX AUTHORITY RULES AGAINST WITHHOLDING TAX ON CROSS-BORDER INSURANCE PREMIUMS |
| Citation |
32 Journal of International Taxation 06 (December, 2021) |
| Summary |
In Private Letter Ruling (PLR) No. 138 of 20 September 2021, the Brazilian Tax Authority provided welcome guidance as it ruled that, under the rules of the Brazil-Norway double tax treaty, withholding tax does not apply to insurance premiums paid to a Norwegianinsurance company without a permanent establishment in Brazil. A Brazilian resident... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Monte Mills, Martin Nie |
BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS |
44 Public Land & Resources Law Review 49 (2021) |
Introduction. 52 Executive Summary. 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... |
2021 |
|
| Author |
Monte Mills, Martin Nie |
| Title |
BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS |
| Citation |
44 Public Land & Resources Law Review 49 (2021) |
| Summary |
Introduction. 52 Executive Summary. 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Leigh Hawley |
BUILDING A BASKETBALL ARENA ON TRIBAL LAND: A COLLABORATIVE APPROACH FOR THE NATIONAL BASKETBALL ASSOCIATION AND AMERICAN INDIAN TRIBES |
10 Arizona State Sports & Entertainment Law Journal 57 (Spring, 2021) |
During the 2020 Coronavirus Pandemic, more professional athletes began using their platforms to voice concern and raise awareness about social justice issues. Many professional athletes come from diverse racial and ethnic backgrounds. Through these athletes' voices, the concerns for the oppressed, underserved, and impoverished communities are heard... |
2021 |
|
| Author |
Leigh Hawley |
| Title |
BUILDING A BASKETBALL ARENA ON TRIBAL LAND: A COLLABORATIVE APPROACH FOR THE NATIONAL BASKETBALL ASSOCIATION AND AMERICAN INDIAN TRIBES |
| Citation |
10 Arizona State Sports & Entertainment Law Journal 57 (Spring, 2021) |
| Summary |
During the 2020 Coronavirus Pandemic, more professional athletes began using their platforms to voice concern and raise awareness about social justice issues. Many professional athletes come from diverse racial and ethnic backgrounds. Through these athletes' voices, the concerns for the oppressed, underserved, and impoverished communities are heard... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Taylor Henshaw, Richard Kyle Paisley, Glen Hearns |
BUILDING CLIMATE CHANGE AND ECOSYSTEM-BASED FUNCTION CONSIDERATIONS INTO A MODERNIZED COLUMBIA RIVER TREATY: A COMMENTARY |
57 Idaho Law Review 151 (2021) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 151 II. THE COLUMBIA RIVER BASIN. 153 III. THE COLUMBIA RIVER TREATY. 154 IV. BUILDING CLIMATE CHANGE CONSIDERATIONS INTO THE CRT. 155 V. BUILDING ECOSYSTEM FUNCTION INTO THE CRT. 167 |
2021 |
Yes |
| Author |
Taylor Henshaw, Richard Kyle Paisley, Glen Hearns |
| Title |
BUILDING CLIMATE CHANGE AND ECOSYSTEM-BASED FUNCTION CONSIDERATIONS INTO A MODERNIZED COLUMBIA RIVER TREATY: A COMMENTARY |
| Citation |
57 Idaho Law Review 151 (2021) |
| Summary |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 151 II. THE COLUMBIA RIVER BASIN. 153 III. THE COLUMBIA RIVER TREATY. 154 IV. BUILDING CLIMATE CHANGE CONSIDERATIONS INTO THE CRT. 155 V. BUILDING ECOSYSTEM FUNCTION INTO THE CRT. 167 |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Toby S. Goldbach |
BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE |
46 Law and Social Inquiry 116 (February, 2021) |
In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... |
2021 |
|
| Author |
Toby S. Goldbach |
| Title |
BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE |
| Citation |
46 Law and Social Inquiry 116 (February, 2021) |
| Summary |
In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dr. Xu Qian |
CAN INFRINGEMENTS ON FREEDOM OF EXPRESSION AMOUNT TO INVESTMENT TREATIES VIOLATIONS? REFLECTIONS ON THE AL JAZEERA v. EGYPT DISPUTE |
66 Wayne Law Review 483 (Winter, 2021) |
484 I. Introduction. 485 II. The Question of the ICSID Arbitral Tribunal's Jurisdiction. 491 A. Some Potential Objections to Jurisdiction. 492 1. Criminal Issue--The Subject Matter of the Dispute (Jurisdiction Ratione Materiae). 493 a. The Dispute. 494 b. The Legal Nature of the Dispute. 494 c. The Directness of the Dispute in Relation to... |
2021 |
Yes |
| Author |
Dr. Xu Qian |
| Title |
CAN INFRINGEMENTS ON FREEDOM OF EXPRESSION AMOUNT TO INVESTMENT TREATIES VIOLATIONS? REFLECTIONS ON THE AL JAZEERA v. EGYPT DISPUTE |
| Citation |
66 Wayne Law Review 483 (Winter, 2021) |
| Summary |
484 I. Introduction. 485 II. The Question of the ICSID Arbitral Tribunal's Jurisdiction. 491 A. Some Potential Objections to Jurisdiction. 492 1. Criminal Issue--The Subject Matter of the Dispute (Jurisdiction Ratione Materiae). 493 a. The Dispute. 494 b. The Legal Nature of the Dispute. 494 c. The Directness of the Dispute in Relation to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Brandon Naquin |
CANALS, COMMUNITY, AND COASTAL PERMITS: OVERCOMING INADEQUATE REMEDIES FOR EROSION WITHIN THE BARATARIA-TERREBONNE NATIONAL ESTUARY |
70 Emory Law Journal 663 (2021) |
The Barataria-Terrebonne National Estuary has lost over 934 square miles of land since 1932, causing a mass exodus of communities within the estuary, including the Biloxi-Chitimacha-Choctaw tribe of Isle de Jean Charles. Though some of this erosion can be attributed to rising sea levels and natural subsidence, scientists now realize that the... |
2021 |
|
| Author |
Brandon Naquin |
| Title |
CANALS, COMMUNITY, AND COASTAL PERMITS: OVERCOMING INADEQUATE REMEDIES FOR EROSION WITHIN THE BARATARIA-TERREBONNE NATIONAL ESTUARY |
| Citation |
70 Emory Law Journal 663 (2021) |
| Summary |
The Barataria-Terrebonne National Estuary has lost over 934 square miles of land since 1932, causing a mass exodus of communities within the estuary, including the Biloxi-Chitimacha-Choctaw tribe of Isle de Jean Charles. Though some of this erosion can be attributed to rising sea levels and natural subsidence, scientists now realize that the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
Central Va. Cmty. College v. Katz : How Is It Faring Fifteen Years On? |
30 Norton Journal of Bankruptcy Law and Practice 2 (June 1, 2021) |
Karen Cordry is Bankruptcy Counsel for the National Association of Attorneys General (NAAG) where she provides advice, assistance, and representation to the state Attorneys Generals with respect to bankruptcy issues that arise in their work on behalf of their state and its citizens. After she obtained her J.D. from Antioch School of Law in 1977,... |
2021 |
|
| Author |
|
| Title |
Central Va. Cmty. College v. Katz : How Is It Faring Fifteen Years On? |
| Citation |
30 Norton Journal of Bankruptcy Law and Practice 2 (June 1, 2021) |
| Summary |
Karen Cordry is Bankruptcy Counsel for the National Association of Attorneys General (NAAG) where she provides advice, assistance, and representation to the state Attorneys Generals with respect to bankruptcy issues that arise in their work on behalf of their state and its citizens. After she obtained her J.D. from Antioch School of Law in 1977,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte |
CHANGING CONSULTATION |
68-APR Federal Lawyer 54 (March/April, 2021) |
Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist--such as effective management of natural resources and the negative impacts of climate change--for tribes and the federal government to engage in effective consultation. Effective... |
2021 |
|
| Author |
Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte |
| Title |
CHANGING CONSULTATION |
| Citation |
68-APR Federal Lawyer 54 (March/April, 2021) |
| Summary |
Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist--such as effective management of natural resources and the negative impacts of climate change--for tribes and the federal government to engage in effective consultation. Effective... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
86 IUS Gentium 895 (2021) |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
2021 |
|
| Author |
|
| Title |
CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION |
| Citation |
86 IUS Gentium 895 (2021) |
| Summary |
The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Daniel Epps |
CHECKS AND BALANCES IN THE CRIMINAL LAW |
74 Vanderbilt Law Review 1 (January, 2021) |
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the separation of powers is often used to refer to distinct, and sometimes contradictory, concepts. This Article reexamines the justifications for the... |
2021 |
|
| Author |
Daniel Epps |
| Title |
CHECKS AND BALANCES IN THE CRIMINAL LAW |
| Citation |
74 Vanderbilt Law Review 1 (January, 2021) |
| Summary |
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the separation of powers is often used to refer to distinct, and sometimes contradictory, concepts. This Article reexamines the justifications for the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Christopher Afgani |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
68 UCLA Law Review 786 (October, 2021) |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
2021 |
|
| Author |
Christopher Afgani |
| Title |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
| Citation |
68 UCLA Law Review 786 (October, 2021) |
| Summary |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ben Covington |
CLOSING THE TOUHY GAP: THE APA, THE FRCP, AND NONPARTY DISCOVERY AGAINST FEDERAL ADMINISTRATIVE AGENCIES |
121 Columbia Law Review 369 (March, 2021) |
In the 1951 case United States ex rel. Touhy v. Ragen, the Supreme Court determined that courts can't hold federal agency officials in contempt for refusing to comply with nonparty subpoenas if they do so pursuant to valid agency regulations. Though the Court suggested that litigants could still challenge these noncompliance decisions, it didn't... |
2021 |
Yes |
| Author |
Ben Covington |
| Title |
CLOSING THE TOUHY GAP: THE APA, THE FRCP, AND NONPARTY DISCOVERY AGAINST FEDERAL ADMINISTRATIVE AGENCIES |
| Citation |
121 Columbia Law Review 369 (March, 2021) |
| Summary |
In the 1951 case United States ex rel. Touhy v. Ragen, the Supreme Court determined that courts can't hold federal agency officials in contempt for refusing to comply with nonparty subpoenas if they do so pursuant to valid agency regulations. Though the Court suggested that litigants could still challenge these noncompliance decisions, it didn't... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Heath Albert |
COEUR D'ALENE TRIBE v. HAWKS: WHY FEDERAL COURTS HAVE THE POWER TO RECOGNIZE AND ENFORCE TRIBAL COURT JUDGMENTS AGAINST NONMEMBERS "BECAUSE OF THE FEDERAL GOVERNMENT'S UNIQUE RELATIONSHIP WITH INDIAN TRIBES" |
45 American Indian Law Review 167 (2021) |
Lake Coeur d'Alene and the St. Joe River are long, winding bodies of water found in Northwest Idaho. To the Coeur d'Alene Tribe, these waters are sacred and foundational to the Tribe's culture. The lake and river make up part of the Coeur d'Alene Tribe Reservation and are partially owned by the Tribe. Because of the great reverence with which it... |
2021 |
|
| Author |
Heath Albert |
| Title |
COEUR D'ALENE TRIBE v. HAWKS: WHY FEDERAL COURTS HAVE THE POWER TO RECOGNIZE AND ENFORCE TRIBAL COURT JUDGMENTS AGAINST NONMEMBERS "BECAUSE OF THE FEDERAL GOVERNMENT'S UNIQUE RELATIONSHIP WITH INDIAN TRIBES" |
| Citation |
45 American Indian Law Review 167 (2021) |
| Summary |
Lake Coeur d'Alene and the St. Joe River are long, winding bodies of water found in Northwest Idaho. To the Coeur d'Alene Tribe, these waters are sacred and foundational to the Tribe's culture. The lake and river make up part of the Coeur d'Alene Tribe Reservation and are partially owned by the Tribe. Because of the great reverence with which it... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Andrew D. Cliburn , Hillary M. Hoffmann |
COMING HOME AGAIN: TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL FOR ENDEMIC. WILDLIFE REINTRODUCTION |
12 Arizona Journal of Environmental Law & Policy 1 (Fall, 2021) |
Despite centuries of federal and state policies that have resulted in extinction or endangerment for multitudes of wildlife species with cultural, ecological, and historical significance to Indigenous nations throughout the United States, many tribes have begun to attempt wildlife reintroduction in and near Indian Country, with or without federal... |
2021 |
Yes |
| Author |
Andrew D. Cliburn , Hillary M. Hoffmann |
| Title |
COMING HOME AGAIN: TRIBAL SOVEREIGNTY, THE TRIBAL WILDLIFE GRANT PROGRAM, AND THEIR POTENTIAL FOR ENDEMIC. WILDLIFE REINTRODUCTION |
| Citation |
12 Arizona Journal of Environmental Law & Policy 1 (Fall, 2021) |
| Summary |
Despite centuries of federal and state policies that have resulted in extinction or endangerment for multitudes of wildlife species with cultural, ecological, and historical significance to Indigenous nations throughout the United States, many tribes have begun to attempt wildlife reintroduction in and near Indian Country, with or without federal... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Jessie Shaw |
COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES |
42 Cardozo Law Review 2007 (September, 2021) |
C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... |
2021 |
|
| Author |
Jessie Shaw |
| Title |
COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES |
| Citation |
42 Cardozo Law Review 2007 (September, 2021) |
| Summary |
C1-2Table of Contents Introduction. 2007 I. Background. 2009 A. History of ICWA and the Final Rule. 2009 B. Challenging the Final Rule. 2014 C. Challenges to ICWA at the Supreme Court. 2016 D. The Anti-Commandeering Doctrine. 2017 E. ICWA Provisions Under the Anti-Commandeering Doctrine. 2020 II. Analysis: Immunity of ICWA. 2027 A. Exceptions to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jason Robison , Matthew McKinney , Daryl Vigil , Asadulah Meelad |
COMMUNITY IN THE COLORADO RIVER BASIN |
57 Idaho Law Review 1 (2021) |
Something historic is happening right now in the Colorado River Basin. Domestic and international negotiations over the next several years will yield a new management framework for the Colorado River system from which more than forty-million people draw the essence of life. Climate change looms over these negotiations--an ongoing twenty-one-year... |
2021 |
|
| Author |
Jason Robison , Matthew McKinney , Daryl Vigil , Asadulah Meelad |
| Title |
COMMUNITY IN THE COLORADO RIVER BASIN |
| Citation |
57 Idaho Law Review 1 (2021) |
| Summary |
Something historic is happening right now in the Colorado River Basin. Domestic and international negotiations over the next several years will yield a new management framework for the Colorado River system from which more than forty-million people draw the essence of life. Climate change looms over these negotiations--an ongoing twenty-one-year... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Richard C. Boldt |
CONSTITUTIONAL STRUCTURE, INSTITUTIONAL RELATIONSHIPS AND TEXT: REVISITING CHARLES BLACK'S WHITE LECTURES |
54 Loyola of Los Angeles Law Review 675 (Spring, 2021) |
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the... |
2021 |
|
| Author |
Richard C. Boldt |
| Title |
CONSTITUTIONAL STRUCTURE, INSTITUTIONAL RELATIONSHIPS AND TEXT: REVISITING CHARLES BLACK'S WHITE LECTURES |
| Citation |
54 Loyola of Los Angeles Law Review 675 (Spring, 2021) |
| Summary |
Fundamental questions about constitutional interpretation and meaning invite a close examination of the complicated origins and the subsequent elaboration of the very structure of federalism. The available records of the Proceedings in the Federal Convention make clear that the Framers entertained two approaches to delineating the powers of the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
CONTRACT LAW--FORCED ARBITRATION--THIRD CIRCUIT RULES THAT TRIBAL PAYDAY LENDERS CANNOT COMPEL ARBITRATION.-- WILLIAMS v. MEDLEY OPPORTUNITY FUND II, LP, 965 F.3D 229 (3D CIR. 2020) |
134 Harvard Law Review 2582 (May, 2021) |
When signing a contract for a cell phone plan, a bank account, or a short-term loan, few individuals, if any, take the time to read the fine print. But often buried in this fine print are arbitration clauses that waive the consumer's right to bring a suit in court. Instead, the consumer is forced into arbitration--a process in which a neutral... |
2021 |
|
| Author |
|
| Title |
CONTRACT LAW--FORCED ARBITRATION--THIRD CIRCUIT RULES THAT TRIBAL PAYDAY LENDERS CANNOT COMPEL ARBITRATION.-- WILLIAMS v. MEDLEY OPPORTUNITY FUND II, LP, 965 F.3D 229 (3D CIR. 2020) |
| Citation |
134 Harvard Law Review 2582 (May, 2021) |
| Summary |
When signing a contract for a cell phone plan, a bank account, or a short-term loan, few individuals, if any, take the time to read the fine print. But often buried in this fine print are arbitration clauses that waive the consumer's right to bring a suit in court. Instead, the consumer is forced into arbitration--a process in which a neutral... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Elizabeth Pollman |
CORPORATE PERSONHOOD AND LIMITED SOVEREIGNTY |
74 Vanderbilt Law Review 1727 (November, 2021) |
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and... |
2021 |
Yes |
| Author |
Elizabeth Pollman |
| Title |
CORPORATE PERSONHOOD AND LIMITED SOVEREIGNTY |
| Citation |
74 Vanderbilt Law Review 1727 (November, 2021) |
| Summary |
This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Lucas Lixinski , Stephen Young |
CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS |
45 Hastings International and Comparative Law Review 3 (Winter 2021) |
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... |
2021 |
|
| Author |
Lucas Lixinski , Stephen Young |
| Title |
CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS |
| Citation |
45 Hastings International and Comparative Law Review 3 (Winter 2021) |
| Summary |
Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
2021 |
|
| Author |
M. Brent Leonhard , Attorney, Confederated Tribes of the Umatilla Indian Reservation |
| Title |
CRIMINAL JURISDICTION IN INDIAN COUNTRY |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 45 (March, 2021) |
| Summary |
Criminal jurisdiction in Indian country can be complex depending on where an incident occurs, whether the defendant or victim is an Indian, the type of crime alleged, treaty provisions, various state and federal court decisions, and federal regulations. Professor Robert Clinton described it as a jurisdictional maze. This complexity can present... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Audrey Mallinak |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
2021 |
|
| Author |
Audrey Mallinak |
| Title |
CULTURAL COMPETENCY AND THE LAW: REPRODUCTIVE JUSTICE FOR AMERICAN INDIANS |
| Citation |
30 Annals of Health Law Advance Directive 179 (Spring, 2021) |
| Summary |
Reproductive justice combines reproductive rights, social justice, and culturally competent approaches to further the goal of intersectional representation. Culturally competent medical treatment ensures individuals receive the best treatment possible by honoring cultural backgrounds, acknowledging racial and ethnic inequities, and providing... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Angela R. Riley , Kristen A. Carpenter |
DECOLONIZING INDIGENOUS MIGRATION |
109 California Law Review 63 (February, 2021) |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
2021 |
|
| Author |
Angela R. Riley , Kristen A. Carpenter |
| Title |
DECOLONIZING INDIGENOUS MIGRATION |
| Citation |
109 California Law Review 63 (February, 2021) |
| Summary |
Introduction. 64 I. From Turtle Island to Citizenship: A Snapshot of Indigenous Land and the Settler State. 74 A. Relationship of People to Land. 76 B. Discovery, Conquest, and Colonization. 79 C. Domesticating Borders and Burgeoning Migration Policy. 81 II. Turning to the Contemporary: The Problems of Migration and Border Law for Indigenous... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Edward Randall Ornstein |
DISPROPORTIONATE POLICE MILITARIZATION AT STANDING ROCK VIOLATED INTERNATIONAL LAW |
12 Arizona Journal of Environmental Law & Policy 65 (Fall, 2021) |
This paper examines the law enforcement response to the 2016 Standing Rock NoDAPL protests and evaluates whether this response violated international human rights law. Following an assessment of increasing militarization in U.S. policing, relevant international human rights law doctrine will be discussed. In particular, UN Human Rights declarations... |
2021 |
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| Author |
Edward Randall Ornstein |
| Title |
DISPROPORTIONATE POLICE MILITARIZATION AT STANDING ROCK VIOLATED INTERNATIONAL LAW |
| Citation |
12 Arizona Journal of Environmental Law & Policy 65 (Fall, 2021) |
| Summary |
This paper examines the law enforcement response to the 2016 Standing Rock NoDAPL protests and evaluates whether this response violated international human rights law. Following an assessment of increasing militarization in U.S. policing, relevant international human rights law doctrine will be discussed. In particular, UN Human Rights declarations... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Craig D. Gaver, Washington, DC, USA |
DISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN MAURITIUS AND MALDIVES IN THE INDIAN OCEAN (MAURITIUS/MALDIVES). CASE NO. 28. JUDGMENT. SPECIAL CHAMBER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA, JANUARY 28, 2021 |
115 American Journal of International Law 519 (July, 2021) |
On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort... |
2021 |
|
| Author |
Craig D. Gaver, Washington, DC, USA |
| Title |
DISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN MAURITIUS AND MALDIVES IN THE INDIAN OCEAN (MAURITIUS/MALDIVES). CASE NO. 28. JUDGMENT. SPECIAL CHAMBER OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA, JANUARY 28, 2021 |
| Citation |
115 American Journal of International Law 519 (July, 2021) |
| Summary |
On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Sumaya H. Bouadi |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
33 Yale Journal of Law & Feminism 169 (2021) |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
2021 |
|
| Author |
Sumaya H. Bouadi |
| Title |
DOMESTIC VIOLENCE, THE INDIAN CHILD WELFARE ACT, AND ALASKA NATIVES: HOW DOMESTIC VIOLENCE IS WEAPONIZED AGAINST ALASKA NATIVE SURVIVORS |
| Citation |
33 Yale Journal of Law & Feminism 169 (2021) |
| Summary |
After the forced separation of Indian families, Congress passed the Indian Child Welfare Act (ICWA) to create heightened procedural protections to maintain and preserve Indian families. Following Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), courts have indicated concern that the heightened standards of ICWA may be overbroad and harm... |
| Year |
2021 |
| Key Terms in Title or Summary |
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DOUBLE JEOPARDY |
50 Georgetown Law Journal Annual Review of Criminal Procedure 550 (2021) |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the... |
2021 |
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| Author |
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| Title |
DOUBLE JEOPARDY |
| Citation |
50 Georgetown Law Journal Annual Review of Criminal Procedure 550 (2021) |
| Summary |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the... |
| Year |
2021 |
| Key Terms in Title or Summary |
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|
| Ann M. Eisenberg |
ECONOMIC REGULATION AND RURAL AMERICA |
98 Washington University Law Review 737 (2021) |
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been left behind. The question is whether these left behind localities should be allowed to dwindle out of existence, or whether intervention to attempt rural revitalization is warranted. Many advocate... |
2021 |
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| Author |
Ann M. Eisenberg |
| Title |
ECONOMIC REGULATION AND RURAL AMERICA |
| Citation |
98 Washington University Law Review 737 (2021) |
| Summary |
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been left behind. The question is whether these left behind localities should be allowed to dwindle out of existence, or whether intervention to attempt rural revitalization is warranted. Many advocate... |
| Year |
2021 |
| Key Terms in Title or Summary |
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