| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Elly Kugler, Kyra Perrigo |
HUD'S COLLABORATION WITH TRIBAL NATIONS TO RESPOND TO COVID-19 |
30 Journal of Affordable Housing & Community Development Law 1 (2021) |
The U.S. Department of Housing and Urban Development (HUD) has a long-standing mandate to administer funding that it provides to federally recognized tribal nations in support of those nations' sovereignty and in recognition of the U.S. government's trust and treaty responsibilities. Many of these programs have been instrumental in assisting tribal... |
2021 |
Yes |
| Author |
Elly Kugler, Kyra Perrigo |
| Title |
HUD'S COLLABORATION WITH TRIBAL NATIONS TO RESPOND TO COVID-19 |
| Citation |
30 Journal of Affordable Housing & Community Development Law 1 (2021) |
| Summary |
The U.S. Department of Housing and Urban Development (HUD) has a long-standing mandate to administer funding that it provides to federally recognized tribal nations in support of those nations' sovereignty and in recognition of the U.S. government's trust and treaty responsibilities. Many of these programs have been instrumental in assisting tribal... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Marcia Zug |
ICWA'S IRONY |
45 American Indian Law Review 1 (2021) |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
2021 |
|
| Author |
Marcia Zug |
| Title |
ICWA'S IRONY |
| Citation |
45 American Indian Law Review 1 (2021) |
| Summary |
The Indian Child Welfare Act (ICWA or the Act) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act's provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Libby Smith |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
45 American Indian Law Review 297 (2021) |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
2021 |
Yes |
| Author |
Libby Smith |
| Title |
IMPACT OF THE CORONAVIRUS AND FEDERAL RESPONSES ON INDIGENOUS PEOPLES' HEALTH, SECURITY, AND SOVEREIGNTY |
| Citation |
45 American Indian Law Review 297 (2021) |
| Summary |
COVID-19 has ravaged the United States since the first confirmed American diagnosis in January 2020. By December 2020, there were 19,663,976 diagnosed cases and 341,199 deaths attributed to the disease in the United States alone. In June 2021, a year and a half after the first American diagnosis, the CDC reported 33,283,781 total cases of COVID-19... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| James G. Devaney, Christian J. Tams, University of Glasgow, Scotland, University of Glasgow, Scotland |
IN RE ARBITRATION BETWEEN THE ITALIAN REPUBLIC AND THE REPUBLIC OF INDIA CONCERNING THE "ENRICA LEXIE" INCIDENT. PCA CASE NO. 2015-28. AWARD. UN CONVENTION ON THE LAW OF THE SEA ANNEX VII TRIBUNAL, MAY 21, 2020 |
115 American Journal of International Law 513 (July, 2021) |
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent... |
2021 |
|
| Author |
James G. Devaney, Christian J. Tams, University of Glasgow, Scotland, University of Glasgow, Scotland |
| Title |
IN RE ARBITRATION BETWEEN THE ITALIAN REPUBLIC AND THE REPUBLIC OF INDIA CONCERNING THE "ENRICA LEXIE" INCIDENT. PCA CASE NO. 2015-28. AWARD. UN CONVENTION ON THE LAW OF THE SEA ANNEX VII TRIBUNAL, MAY 21, 2020 |
| Citation |
115 American Journal of International Law 513 (July, 2021) |
| Summary |
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Catherine Meyer |
IN RE PENNEAST PIPELINE CO.: THE THIRD CIRCUIT PROVIDES OPPORTUNITY TO STATES HOPING TO BAN PIPELINE CONSTRUCTION |
34 Tulane Environmental Law Journal 385 (Summer, 2021) |
I. Overview. 385 II. Background. 387 A. Eminent Domain. 387 B. State Sovereign Immunity. 388 C. Potential Exceptions to Eleventh Amendment Immunity. 390 III. Court's Decision. 391 IV. Analysis. 395 V. Conclusion. 398 |
2021 |
Yes |
| Author |
Catherine Meyer |
| Title |
IN RE PENNEAST PIPELINE CO.: THE THIRD CIRCUIT PROVIDES OPPORTUNITY TO STATES HOPING TO BAN PIPELINE CONSTRUCTION |
| Citation |
34 Tulane Environmental Law Journal 385 (Summer, 2021) |
| Summary |
I. Overview. 385 II. Background. 387 A. Eminent Domain. 387 B. State Sovereign Immunity. 388 C. Potential Exceptions to Eleventh Amendment Immunity. 390 III. Court's Decision. 391 IV. Analysis. 395 V. Conclusion. 398 |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Irina D. Manta , Cassandra Burke Robertson |
INALIENABLE CITIZENSHIP |
99 North Carolina Law Review 1425 (September, 2021) |
Over the last decade, citizenship in the United States has become increasingly precarious. Denaturalization cases increased under President Obama and skyrocketed under President Trump. No number of years spent in the United States protects individuals against sudden accusations that they procured citizenship fraudulently or were never eligible for... |
2021 |
|
| Author |
Irina D. Manta , Cassandra Burke Robertson |
| Title |
INALIENABLE CITIZENSHIP |
| Citation |
99 North Carolina Law Review 1425 (September, 2021) |
| Summary |
Over the last decade, citizenship in the United States has become increasingly precarious. Denaturalization cases increased under President Obama and skyrocketed under President Trump. No number of years spent in the United States protects individuals against sudden accusations that they procured citizenship fraudulently or were never eligible for... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jordan Gross |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
109 Kentucky Law Journal 299 (2020-2021) |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
2021 |
Yes |
| Author |
Jordan Gross |
| Title |
INCORPORATION BY ANY OTHER NAME? COMPARING CONGRESS' FEDERALIZATION OF TRIBAL COURT CRIMINAL PROCEDURE WITH THE SUPREME COURT'S REGULATION OF STATE COURTS |
| Citation |
109 Kentucky Law Journal 299 (2020-2021) |
| Summary |
Table of Contents 299 Introduction. 300 I. Colonialist Containment of Indigenous Justice. 304 A. Destabilized Sovereignty. 304 B. Imported Justice. 306 C. Appropriated Jurisdiction. 309 II. State and Tribal Court Procedural Reform by Federal Fiat. 322 A. The Supreme Court Federalizes State Court Criminal Procedure. 322 B. Congress Federalizes... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Margaret Schaff |
INDIAN COUNTRY AND THE AMERICAN ENERGY ECONOMY |
36-FALL Natural Resources & Environment 9 (Fall, 2021) |
Until the pandemic, my legal career involved traveling to visit American Indian (hereinafter Indian) tribes to address their energy issues and projects. Staying home this year, I reflected on the historical arc of Indian country's participation in the American energy economy and the future with a changing climate. Despite federal Indian policies in... |
2021 |
|
| Author |
Margaret Schaff |
| Title |
INDIAN COUNTRY AND THE AMERICAN ENERGY ECONOMY |
| Citation |
36-FALL Natural Resources & Environment 9 (Fall, 2021) |
| Summary |
Until the pandemic, my legal career involved traveling to visit American Indian (hereinafter Indian) tribes to address their energy issues and projects. Staying home this year, I reflected on the historical arc of Indian country's participation in the American energy economy and the future with a changing climate. Despite federal Indian policies in... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Elizabeth Kronk Warner , Heather Tanana |
INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND |
45 Harvard Environmental Law Review 249 (2021) |
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... |
2021 |
|
| Author |
Elizabeth Kronk Warner , Heather Tanana |
| Title |
INDIAN COUNTRY POST-MCGIRT: IMPLICATIONS FOR TRADITIONAL ENERGY DEVELOPMENT AND BEYOND |
| Citation |
45 Harvard Environmental Law Review 249 (2021) |
| Summary |
The decision in McGirt v. Oklahoma is being heralded as the most important Indian law decision of the last 100 years, as it affirmed the reservation boundaries of the Muscogee (Creek) Reservation--an area long considered by many to be under Oklahoma's jurisdiction. Following release of the U.S. Supreme Court's decision, the outcry from the oil and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Aila Hoss |
INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
|
| Author |
Aila Hoss |
| Title |
INDIANA'S INDIAN LAWS: INDIGENOUS ERASURE AND RACISM IN THE LAND OF THE INDIANS |
| Citation |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
| Summary |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sonal Chhugani |
INDIA'S AADHAAR CARD--A VIOLATION OF INDIAN CITIZEN'S RIGHT TO PRIVACY |
4 Cardozo International & Comparative Law Review 733 (Winter, 2021) |
C1-3Table of Contents I. Introduction. 733 II. The Aadhaar Card. 736 A. Introduction to the Card and It's Processes. 736 1. Data Security. 737 2. Profiling. 740 3. Surveillance. 740 B. India's Right to Privacy and the Recent Indian Supreme Court Ruling. 741 III. International Right to Privacy Established Under the International Covenant on Civil... |
2021 |
|
| Author |
Sonal Chhugani |
| Title |
INDIA'S AADHAAR CARD--A VIOLATION OF INDIAN CITIZEN'S RIGHT TO PRIVACY |
| Citation |
4 Cardozo International & Comparative Law Review 733 (Winter, 2021) |
| Summary |
C1-3Table of Contents I. Introduction. 733 II. The Aadhaar Card. 736 A. Introduction to the Card and It's Processes. 736 1. Data Security. 737 2. Profiling. 740 3. Surveillance. 740 B. India's Right to Privacy and the Recent Indian Supreme Court Ruling. 741 III. International Right to Privacy Established Under the International Covenant on Civil... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jason Anthony Robison |
INDIGENIZING GRAND CANYON |
2021 Utah Law Review 101 (2021) |
The magical place commonly called the Grand Canyon is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency--past, present, and future. Grand Canyon National Park's 2019 centennial afforded a valuable opportunity to... |
2021 |
|
| Author |
Jason Anthony Robison |
| Title |
INDIGENIZING GRAND CANYON |
| Citation |
2021 Utah Law Review 101 (2021) |
| Summary |
The magical place commonly called the Grand Canyon is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency--past, present, and future. Grand Canyon National Park's 2019 centennial afforded a valuable opportunity to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Trevor Reed |
INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN |
46 Brigham Young University Law Review 1119 (2021) |
C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 |
2021 |
|
| Author |
Trevor Reed |
| Title |
INDIGENOUS DIGNITY AND THE RIGHT TO BE FORGOTTEN |
| Citation |
46 Brigham Young University Law Review 1119 (2021) |
| Summary |
C1-2Contents Introduction. 1119 I. Hopi Forgetting: A Case Study. 1123 II. Theorizing Anonymous Care. 1128 III. Understanding Indigenous Erasure. 1133 IV. Toward an Indigenous Right to Be Forgotten. 1138 Conclusion. 1146 |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kristen Carpenter , Alexey Tsykarev |
INDIGENOUS PEOPLES AND DIPLOMACY ON THE WORLD STAGE |
115 AJIL Unbound 118 (2021) |
Indigenous Peoples are emerging as diplomats on the world stage. With states relinquishing some soft power space to non-state actors, the role of Indigenous Peoples in international diplomacy and particularly human rights diplomacy is both distinctive and important. Indigenous Peoples are neither states nor international organizations nor NGOs;... |
2021 |
|
| Author |
Kristen Carpenter , Alexey Tsykarev |
| Title |
INDIGENOUS PEOPLES AND DIPLOMACY ON THE WORLD STAGE |
| Citation |
115 AJIL Unbound 118 (2021) |
| Summary |
Indigenous Peoples are emerging as diplomats on the world stage. With states relinquishing some soft power space to non-state actors, the role of Indigenous Peoples in international diplomacy and particularly human rights diplomacy is both distinctive and important. Indigenous Peoples are neither states nor international organizations nor NGOs;... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Dr. Daniel Rietiker |
INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |
|
| Author |
Dr. Daniel Rietiker |
| Title |
INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
| Citation |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
| Summary |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Grant Christensen |
INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE |
23 University of Pennsylvania Journal of Business Law 902 (2021) |
Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... |
2021 |
|
| Author |
Grant Christensen |
| Title |
INDIGENOUS PERSPECTIVES ON CORPORATE GOVERNANCE |
| Citation |
23 University of Pennsylvania Journal of Business Law 902 (2021) |
| Summary |
Introduction. 903 I. The Traditional Model of Corporate Governance. 908 A. The Origins of Shareholder Primacy. 910 B. The Intervening Role of the Business Judgment Rule. 912 II. The Need to Rethink Shareholder Primacy. 914 III. Indigenous Corporations. 917 A. Chthonic or Autochthonous Law. 918 B. Autochthonous Governance. 923 1. Indigenous... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mary Jane Angelo , J.W. Glass |
INTEGRATED ESTUARY GOVERNANCE |
45 William and Mary Environmental Law and Policy Review 455 (Winter, 2021) |
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional... |
2021 |
|
| Author |
Mary Jane Angelo , J.W. Glass |
| Title |
INTEGRATED ESTUARY GOVERNANCE |
| Citation |
45 William and Mary Environmental Law and Policy Review 455 (Winter, 2021) |
| Summary |
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Railla Veronica D. Puno |
INTEGRATING SOCIAL AND ENVIRONMENTAL SAFEGUARDS IN THE IMPLEMENTATION OF THE PARIS AGREEMENT'S SUSTAINABLE DEVELOPMENT MECHANISM |
51 Environmental Law 205 (Spring, 2021) |
Climate change is without a doubt the single most daunting challenge of our time. The impacts of climate change are already being felt and indicators show that they are here to stay. While early projections demonstrate that the Paris Agreement falls short of the efforts needed in the face of the looming climate crisis, the inclusion of new... |
2021 |
|
| Author |
Railla Veronica D. Puno |
| Title |
INTEGRATING SOCIAL AND ENVIRONMENTAL SAFEGUARDS IN THE IMPLEMENTATION OF THE PARIS AGREEMENT'S SUSTAINABLE DEVELOPMENT MECHANISM |
| Citation |
51 Environmental Law 205 (Spring, 2021) |
| Summary |
Climate change is without a doubt the single most daunting challenge of our time. The impacts of climate change are already being felt and indicators show that they are here to stay. While early projections demonstrate that the Paris Agreement falls short of the efforts needed in the face of the looming climate crisis, the inclusion of new... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Colin McKenzie |
INTEGRATING THE LAW OF THE RIO CHAMA THROUGH INSTITUTIONAL ONTOLOGIES OF THE MIDDLE RIO GRANDE BASIN |
61 Natural Resources Journal 253 (Summer, 2021) |
Terror is lawfulness, if law is the law of the movement of some suprahuman force, Nature or History. * * * If the essence of government is defined as lawfulness, and if it is understood that laws are the stabilizing forces in the public affairs of men (as indeed it always has been since Plato invoked Zeus, the god of the boundaries, in his Laws),... |
2021 |
|
| Author |
Colin McKenzie |
| Title |
INTEGRATING THE LAW OF THE RIO CHAMA THROUGH INSTITUTIONAL ONTOLOGIES OF THE MIDDLE RIO GRANDE BASIN |
| Citation |
61 Natural Resources Journal 253 (Summer, 2021) |
| Summary |
Terror is lawfulness, if law is the law of the movement of some suprahuman force, Nature or History. * * * If the essence of government is defined as lawfulness, and if it is understood that laws are the stabilizing forces in the public affairs of men (as indeed it always has been since Plato invoked Zeus, the god of the boundaries, in his Laws),... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Valentina Vadi |
INTER-CIVILIZATIONAL APPROACHES TO INVESTOR-STATE DISPUTE SETTLEMENT |
42 University of Pennsylvania Journal of International Law 737 (Spring, 2021) |
After having described the main features of investor-state arbitration and the key challenges it is facing, this Article investigates whether arbitral tribunals can be analogised to global constitutional courts, or whether they are analogous to other international tribunals. It then examines the promises and pitfalls of constitutional theories of... |
2021 |
|
| Author |
Valentina Vadi |
| Title |
INTER-CIVILIZATIONAL APPROACHES TO INVESTOR-STATE DISPUTE SETTLEMENT |
| Citation |
42 University of Pennsylvania Journal of International Law 737 (Spring, 2021) |
| Summary |
After having described the main features of investor-state arbitration and the key challenges it is facing, this Article investigates whether arbitral tribunals can be analogised to global constitutional courts, or whether they are analogous to other international tribunals. It then examines the promises and pitfalls of constitutional theories of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Greta Carlson |
INTERNATIONAL LAW IN THE ARCTIC: LOOMING CONFLICTS OVER RESOURCES, SHIPING, AND REGIONAL INFLUENCE |
24 Currents: Journal of International Economic Law 92 (2021) |
The Arctic region's strategic location and natural resources make it a place of increasing interest for many countries--both Arctic and non-Arctic. Global warming has revealed previously inaccessible sea routes and natural resources. The United Nations Convention on the Law of the Sea (UNCLOS) provides a mechanism by which Arctic coastal countries... |
2021 |
|
| Author |
Greta Carlson |
| Title |
INTERNATIONAL LAW IN THE ARCTIC: LOOMING CONFLICTS OVER RESOURCES, SHIPING, AND REGIONAL INFLUENCE |
| Citation |
24 Currents: Journal of International Economic Law 92 (2021) |
| Summary |
The Arctic region's strategic location and natural resources make it a place of increasing interest for many countries--both Arctic and non-Arctic. Global warming has revealed previously inaccessible sea routes and natural resources. The United Nations Convention on the Law of the Sea (UNCLOS) provides a mechanism by which Arctic coastal countries... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Christopher Rossi |
INTERSTITIAL SPACE AND THE HIGH HIMALAYAN DISPUTE BETWEEN CHINA AND INDIA |
62 Harvard International Law Journal 429 (Summer, 2021) |
A border dispute between Indian and Chinese troops, the most dangerous in forty-five years, has roiled relations in the High Himalayan valleys and plateaus separating India (Ladakh) and China (Aksai Chin). Against this barren landscape, ancient pathways connecting Central, South, and East Asia converge, making the area today a key nodal point of... |
2021 |
|
| Author |
Christopher Rossi |
| Title |
INTERSTITIAL SPACE AND THE HIGH HIMALAYAN DISPUTE BETWEEN CHINA AND INDIA |
| Citation |
62 Harvard International Law Journal 429 (Summer, 2021) |
| Summary |
A border dispute between Indian and Chinese troops, the most dangerous in forty-five years, has roiled relations in the High Himalayan valleys and plateaus separating India (Ladakh) and China (Aksai Chin). Against this barren landscape, ancient pathways connecting Central, South, and East Asia converge, making the area today a key nodal point of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mary Kathryn Nagle |
INTRODUCTION |
56 Tulsa Law Review 363 (Spring, 2021) |
On the far end of the Trail of Tears was a promise. The Supreme Court's decision to uphold this promise--a promise that the U.S. Constitution declares to be the supreme law of the land --has inspired more celebration, poetry, and tears than quite possibly any other U.S. Supreme Court case concerning tribal nations in the Court's entire 230... |
2021 |
|
| Author |
Mary Kathryn Nagle |
| Title |
INTRODUCTION |
| Citation |
56 Tulsa Law Review 363 (Spring, 2021) |
| Summary |
On the far end of the Trail of Tears was a promise. The Supreme Court's decision to uphold this promise--a promise that the U.S. Constitution declares to be the supreme law of the land --has inspired more celebration, poetry, and tears than quite possibly any other U.S. Supreme Court case concerning tribal nations in the Court's entire 230... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| S. James Anaya , Antony Anghie |
INTRODUCTION TO THE SYMPOSIUM ON THE IMPACT OF INDIGENOUS PEOPLES ON INTERNATIONAL LAW |
115 AJIL Unbound 116 (2021) |
The field of Indigenous Peoples' rights has transformed international law. This is reflected in recent developments relating to Indigenous Peoples across a range of areas of international law. For example, in addition to the adoption of international instruments specifically concerning Indigenous Peoples, the United Nations and regional authorities... |
2021 |
|
| Author |
S. James Anaya , Antony Anghie |
| Title |
INTRODUCTION TO THE SYMPOSIUM ON THE IMPACT OF INDIGENOUS PEOPLES ON INTERNATIONAL LAW |
| Citation |
115 AJIL Unbound 116 (2021) |
| Summary |
The field of Indigenous Peoples' rights has transformed international law. This is reflected in recent developments relating to Indigenous Peoples across a range of areas of international law. For example, in addition to the adoption of international instruments specifically concerning Indigenous Peoples, the United Nations and regional authorities... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Monica C. Bell , Katherine Beckett , Forrest Stuart |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
11 UC Irvine Law Review 1291 (August, 2021) |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
2021 |
|
| Author |
Monica C. Bell , Katherine Beckett , Forrest Stuart |
| Title |
INVESTING IN ALTERNATIVES: THREE LOGICS OF CRIMINAL SYSTEM REPLACEMENT |
| Citation |
11 UC Irvine Law Review 1291 (August, 2021) |
| Summary |
What logics underlie the call to defund the police, and how do those logics matter in policy debate? In the wake of widespread protests after the deaths of George Floyd, Breonna Taylor, and other victims of police violence during the summer of 2020, the Black Lives Matter movement's call to defund the police captured the national imagination.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| James Fischer |
IS ONLINE SPORT BETTING ILLEGAL IN CALIFORNIA? |
18 Hastings Business Law Journal 61 (Winter 2021) |
C1-2Table of Contents I. Introduction. 61 II. History of Gambling in California. 64 A. Horse racing. 65 B. Cardrooms. 65 C. Lottery. 66 D. Tribal Casinos. 68 E. Other Forms of Gambling. 69 F. Sports Betting. 69 III. The California Constitution. 70 IV. The California Penal Code. 78 A. Customer's Conduct. 79 B. Debbie's Conduct. 89 V. California... |
2021 |
|
| Author |
James Fischer |
| Title |
IS ONLINE SPORT BETTING ILLEGAL IN CALIFORNIA? |
| Citation |
18 Hastings Business Law Journal 61 (Winter 2021) |
| Summary |
C1-2Table of Contents I. Introduction. 61 II. History of Gambling in California. 64 A. Horse racing. 65 B. Cardrooms. 65 C. Lottery. 66 D. Tribal Casinos. 68 E. Other Forms of Gambling. 69 F. Sports Betting. 69 III. The California Constitution. 70 IV. The California Penal Code. 78 A. Customer's Conduct. 79 B. Debbie's Conduct. 89 V. California... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| James R. Steiner-Dillon |
IS TRUTH TRUTH? |
109 Kentucky Law Journal 477 (2020-2021) |
Truth isn't truth, Rudy Giuliani infamously asserted. Though critiqued as a manifestation of the alternative facts mindset in a post-truth era, Giuliani's words, taken in context, embody a practitioner's insight into several compelling theoretical questions concerning the nature of legal truth and the construction of facts by legal... |
2021 |
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| Author |
James R. Steiner-Dillon |
| Title |
IS TRUTH TRUTH? |
| Citation |
109 Kentucky Law Journal 477 (2020-2021) |
| Summary |
Truth isn't truth, Rudy Giuliani infamously asserted. Though critiqued as a manifestation of the alternative facts mindset in a post-truth era, Giuliani's words, taken in context, embody a practitioner's insight into several compelling theoretical questions concerning the nature of legal truth and the construction of facts by legal... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Bill Denke , Bruce Lee , Matthew Lysakowski , Jason O'Neal , Chief of Police, Sycuan Tribal Police Department, Public Safety Director, Poarch Band of Creek Indians, Senior Advisor for Tribal Affairs, Office of Community Oriented Policing Services, Departm |
JURISDICTIONAL SOLUTIONS IN INDIAN COUNTRY TO SUPPORT MISSING OR MURDERED INDIGENOUS PEOPLE EFFORTS |
69 Department of Justice Journal of Federal Law and Practice 71 (January, 2021) |
Jurisdictional challenges in Indian country may hamper tribal law enforcement's efforts to address missing or murdered Indigenous persons cases. To provide justice and fair treatment of tribal members and communities, tribal law enforcement must work in close cooperation with their local, state, and federal law enforcement partners in and around... |
2021 |
|
| Author |
Bill Denke , Bruce Lee , Matthew Lysakowski , Jason O'Neal , Chief of Police, Sycuan Tribal Police Department, Public Safety Director, Poarch Band of Creek Indians, Senior Advisor for Tribal Affairs, Office of Community Oriented Policing Services, Departm |
| Title |
JURISDICTIONAL SOLUTIONS IN INDIAN COUNTRY TO SUPPORT MISSING OR MURDERED INDIGENOUS PEOPLE EFFORTS |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 71 (January, 2021) |
| Summary |
Jurisdictional challenges in Indian country may hamper tribal law enforcement's efforts to address missing or murdered Indigenous persons cases. To provide justice and fair treatment of tribal members and communities, tribal law enforcement must work in close cooperation with their local, state, and federal law enforcement partners in and around... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Angelique EagleWoman (Wambdi A. Was'teWinyan) |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
47 Mitchell Hamline Law Review 342 (February, 2021) |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
2021 |
|
| Author |
Angelique EagleWoman (Wambdi A. Was'teWinyan) |
| Title |
JURISPRUDENCE AND RECOMMENDATIONS FOR TRIBAL COURT AUTHORITY DUE TO IMPOSITION OF U.S. LIMITATIONS |
| Citation |
47 Mitchell Hamline Law Review 342 (February, 2021) |
| Summary |
I. Introduction. 342 II. Questioning the Legal Basis for the Courts of Indian Offenses. 344 A. The Context of Shifting U.S. Indian Policies. 345 B. Courts of Indian Offenses as Assimilation Era Federal Instrumentalities. 347 III. Transition to Indian Self-Government and Modern Tribal Courts. 351 A. The Operation of Tribal Courts. 352 B. Tribal... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Aziz Rana |
KEYNOTE SPEECH, UCLA LAW REVIEW SYMPOSIUM 2020: LAW AND EMPIRE IN THE AMERICAN CENTURY |
67 UCLA Law Review 1432 (April, 2021) |
This keynote speech was delivered on January 31, 2020. It argues that dominant narratives of American legal liberalism and global exceptionalism increasingly find themselves under real political and intellectual strain, even among mainstream scholars and practitioners of constitutional law and public international law. The speech then draws from... |
2021 |
|
| Author |
Aziz Rana |
| Title |
KEYNOTE SPEECH, UCLA LAW REVIEW SYMPOSIUM 2020: LAW AND EMPIRE IN THE AMERICAN CENTURY |
| Citation |
67 UCLA Law Review 1432 (April, 2021) |
| Summary |
This keynote speech was delivered on January 31, 2020. It argues that dominant narratives of American legal liberalism and global exceptionalism increasingly find themselves under real political and intellectual strain, even among mainstream scholars and practitioners of constitutional law and public international law. The speech then draws from... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
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