| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| William Hall, Saikrishna Bangalore Prakash |
THE CONSTITUTION'S FIRST DECLARED WAR: THE NORTHWESTERN CONFEDERACY WAR OF 1790-95 |
107 Virginia Law Review 119 (March, 2021) |
What counts as the first presidential war--the practice of Presidents waging war without prior congressional sanction? In the wake of President Donald Trump's attacks on Syria, the Office of Legal Counsel opined that unilateral presidential war-making dates back 230 years, to George Washington. The Office claimed that the first President waged war... |
2021 |
|
| Author |
William Hall, Saikrishna Bangalore Prakash |
| Title |
THE CONSTITUTION'S FIRST DECLARED WAR: THE NORTHWESTERN CONFEDERACY WAR OF 1790-95 |
| Citation |
107 Virginia Law Review 119 (March, 2021) |
| Summary |
What counts as the first presidential war--the practice of Presidents waging war without prior congressional sanction? In the wake of President Donald Trump's attacks on Syria, the Office of Legal Counsel opined that unilateral presidential war-making dates back 230 years, to George Washington. The Office claimed that the first President waged war... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| James L. Crawford |
THE CONTINUED PERSECUTION OF THE KURDISH PEOPLE IN TURKEY |
45 American Indian Law Review 327 (2021) |
Kurds have no friends but the mountains. --Kurdish Proverb On September 13, 2007, the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by an overwhelming majority. The UNDRIP was a product of over two decades of negotiations. In response to the Assembly's adoption of the UNDRIP, Les Malezer, a... |
2021 |
|
| Author |
James L. Crawford |
| Title |
THE CONTINUED PERSECUTION OF THE KURDISH PEOPLE IN TURKEY |
| Citation |
45 American Indian Law Review 327 (2021) |
| Summary |
Kurds have no friends but the mountains. --Kurdish Proverb On September 13, 2007, the General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by an overwhelming majority. The UNDRIP was a product of over two decades of negotiations. In response to the Assembly's adoption of the UNDRIP, Les Malezer, a... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Charles J. Russo, M.Div., J.D., Ed.D. , William E. Thro, M.A., J.D. |
THE DEMISE OF THE BLAINE AMENDMENT AND A TRIUMPH FOR RELIGIOUS FREEDOM AND SCHOOL CHOICE: ESPINOZA v. MONTANA DEPARTMENT OF REVENUE |
46 University of Dayton Law Review 131 (Spring, 2021) |
I. Introduction. 132 II. A Brief Overview of the Supreme Court's Jurisprudence on State Aid to Faith-Based Schools and Their Students Prior to Espinoza. 133 A. Generally. 133 B. The Emergence of the Child Benefit Test. 134 C. The Nadir of The Child Benefit Test. 135 D. Rejuvenation of the Child Benefit Test. 136 III. Tuition Tax Credits. 141 A.... |
2021 |
|
| Author |
Charles J. Russo, M.Div., J.D., Ed.D. , William E. Thro, M.A., J.D. |
| Title |
THE DEMISE OF THE BLAINE AMENDMENT AND A TRIUMPH FOR RELIGIOUS FREEDOM AND SCHOOL CHOICE: ESPINOZA v. MONTANA DEPARTMENT OF REVENUE |
| Citation |
46 University of Dayton Law Review 131 (Spring, 2021) |
| Summary |
I. Introduction. 132 II. A Brief Overview of the Supreme Court's Jurisprudence on State Aid to Faith-Based Schools and Their Students Prior to Espinoza. 133 A. Generally. 133 B. The Emergence of the Child Benefit Test. 134 C. The Nadir of The Child Benefit Test. 135 D. Rejuvenation of the Child Benefit Test. 136 III. Tuition Tax Credits. 141 A.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mitra V. Yazdi |
THE DIGITAL REVOLUTION AND THE DEMISE OF DEMOCRACY |
23 Tulane Journal of Technology and Intellectual Property 61 (Spring, 2021) |
I. Introduction. 61 II. Internal Threats--Hate Speech, Anonymization, and Undue Influence. 62 III. External Threats--Disinformation, Destabilization, and the Cyber Warfare. 70 IV. Democratic Responses--Deficiencies of Speed, Scale, and Sustatnability. 78 V. Authoritarianism, Cyber Sovereignty, and Reassertion of State Control. 88 VI. Conclusion. 98 |
2021 |
Yes |
| Author |
Mitra V. Yazdi |
| Title |
THE DIGITAL REVOLUTION AND THE DEMISE OF DEMOCRACY |
| Citation |
23 Tulane Journal of Technology and Intellectual Property 61 (Spring, 2021) |
| Summary |
I. Introduction. 61 II. Internal Threats--Hate Speech, Anonymization, and Undue Influence. 62 III. External Threats--Disinformation, Destabilization, and the Cyber Warfare. 70 IV. Democratic Responses--Deficiencies of Speed, Scale, and Sustatnability. 78 V. Authoritarianism, Cyber Sovereignty, and Reassertion of State Control. 88 VI. Conclusion. 98 |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Andie B. Netherland |
THE DISPROPORTIONATE EFFECT ON NATIVE AMERICAN WOMEN OF EXTENDING THE FEDERAL INVOLUNTARY MANSLAUGHTER ACT TO INCLUDE A WOMAN'S CONDUCT AGAINST HER CHILD IN UTERO: UNITED STATES v. FLUTE |
45 American Indian Law Review 191 (2021) |
I raise up my voice--not so that I can shout, but so that those without a voice can be heard .. We cannot all succeed when half of us are held back. --Malala Yousafzai Samantha Flute, a Native American woman, was charged with committing involuntary manslaughter against her newborn baby boy after it was revealed that she took over-the-counter and... |
2021 |
|
| Author |
Andie B. Netherland |
| Title |
THE DISPROPORTIONATE EFFECT ON NATIVE AMERICAN WOMEN OF EXTENDING THE FEDERAL INVOLUNTARY MANSLAUGHTER ACT TO INCLUDE A WOMAN'S CONDUCT AGAINST HER CHILD IN UTERO: UNITED STATES v. FLUTE |
| Citation |
45 American Indian Law Review 191 (2021) |
| Summary |
I raise up my voice--not so that I can shout, but so that those without a voice can be heard .. We cannot all succeed when half of us are held back. --Malala Yousafzai Samantha Flute, a Native American woman, was charged with committing involuntary manslaughter against her newborn baby boy after it was revealed that she took over-the-counter and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Michael Coenen , Scott M. Sullivan |
THE ELUSIVE ZONE OF TWILIGHT |
62 Boston College Law Review 741 (March, 2021) |
Introduction. 743 I. The Twilight Zone's Emergence. 748 A. The Origins of Justice Jackson's Concurrence. 748 B. Post-Youngstown Guidance. 753 1. Dames & Moore v. Regan. 754 2. American Insurance Association v. Garamendi. 756 3. Medellín v. Texas. 758 II. Twilight-Zone Engagement. 760 A. Silence as Authorization. 762 B. Silence as Acquiescence. 765... |
2021 |
|
| Author |
Michael Coenen , Scott M. Sullivan |
| Title |
THE ELUSIVE ZONE OF TWILIGHT |
| Citation |
62 Boston College Law Review 741 (March, 2021) |
| Summary |
Introduction. 743 I. The Twilight Zone's Emergence. 748 A. The Origins of Justice Jackson's Concurrence. 748 B. Post-Youngstown Guidance. 753 1. Dames & Moore v. Regan. 754 2. American Insurance Association v. Garamendi. 756 3. Medellín v. Texas. 758 II. Twilight-Zone Engagement. 760 A. Silence as Authorization. 762 B. Silence as Acquiescence. 765... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Eric L. Jensen , Aaron Stancik |
THE EMERGING CANNABIS INDUSTRY AMONG NATIVE AMERICAN TRIBES: JURISDICTIONAL COMPLEXITIES AND POLICY IN WASHINGTON STATE |
57 Idaho Law Review 325 (2021) |
The pace of changes in state-level cannabis policies in the United States has accelerated since the mid-1990s. While many states have decriminalized the possession of small amounts of cannabis and have allowed cannabis to be used for various medicinal purposes, the most recent landmark change has been the legalization of recreational cannabis.... |
2021 |
|
| Author |
Eric L. Jensen , Aaron Stancik |
| Title |
THE EMERGING CANNABIS INDUSTRY AMONG NATIVE AMERICAN TRIBES: JURISDICTIONAL COMPLEXITIES AND POLICY IN WASHINGTON STATE |
| Citation |
57 Idaho Law Review 325 (2021) |
| Summary |
The pace of changes in state-level cannabis policies in the United States has accelerated since the mid-1990s. While many states have decriminalized the possession of small amounts of cannabis and have allowed cannabis to be used for various medicinal purposes, the most recent landmark change has been the legalization of recreational cannabis.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Ilias Bantekas |
THE EMERGING UN BUSINESS AND HUMAN RIGHTS TREATY AND ITS CODIFICATION OF INTERNATIONAL NORMS |
12 George Mason International Law Journal 1 (Fall, 2021) |
The 2019 and 2020 versions of the draft Business and Human Rights Treaty (BHR Treaty) signal a move away from soft law and self-regulation for multinational corporations (MNCs) and entities engaged in transnational business activities. There is some resistance to the treaty from industrialized states, although they have failed to tackle root causes... |
2021 |
Yes |
| Author |
Ilias Bantekas |
| Title |
THE EMERGING UN BUSINESS AND HUMAN RIGHTS TREATY AND ITS CODIFICATION OF INTERNATIONAL NORMS |
| Citation |
12 George Mason International Law Journal 1 (Fall, 2021) |
| Summary |
The 2019 and 2020 versions of the draft Business and Human Rights Treaty (BHR Treaty) signal a move away from soft law and self-regulation for multinational corporations (MNCs) and entities engaged in transnational business activities. There is some resistance to the treaty from industrialized states, although they have failed to tackle root causes... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Eunice Lee |
THE END OF ENTRY FICTION |
99 North Carolina Law Review 565 (March, 2021) |
Although entry fiction emerged in immigration and constitutional law over a century ago, the doctrine has yet to account for present-day carceral and technological realities. Under entry fiction, arriving immigrants stopped at the border are deemed unentered and not here for constitutional due process purposes, even in detention centers... |
2021 |
|
| Author |
Eunice Lee |
| Title |
THE END OF ENTRY FICTION |
| Citation |
99 North Carolina Law Review 565 (March, 2021) |
| Summary |
Although entry fiction emerged in immigration and constitutional law over a century ago, the doctrine has yet to account for present-day carceral and technological realities. Under entry fiction, arriving immigrants stopped at the border are deemed unentered and not here for constitutional due process purposes, even in detention centers... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Benjamen Franklen Gussen , Sahar Araghi |
The Engineers Case Centenary: SCOTUS and the Origins of Australia's Scabrous Constitutional Signature |
10 British Journal of American Legal Studies 27 (Spring, 2021) |
Since the Engineers Case decision in 1920, the role of the United States Constitution in interpreting the Australian Constitution has been diminished, leading to inefficiencies in High Court of Australia (HCA) dealing with constitutional issues. To explain this thesis, the article looks at the 7,657 cases decided by the HCA, from the first case in... |
2021 |
|
| Author |
Benjamen Franklen Gussen , Sahar Araghi |
| Title |
The Engineers Case Centenary: SCOTUS and the Origins of Australia's Scabrous Constitutional Signature |
| Citation |
10 British Journal of American Legal Studies 27 (Spring, 2021) |
| Summary |
Since the Engineers Case decision in 1920, the role of the United States Constitution in interpreting the Australian Constitution has been diminished, leading to inefficiencies in High Court of Australia (HCA) dealing with constitutional issues. To explain this thesis, the article looks at the 7,657 cases decided by the HCA, from the first case in... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Emily Bergeron |
THE ENVIRONMENT IN THE NEXT FOUR YEARS |
46 Human Rights 22 (2021) |
In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... |
2021 |
|
| Author |
Emily Bergeron |
| Title |
THE ENVIRONMENT IN THE NEXT FOUR YEARS |
| Citation |
46 Human Rights 22 (2021) |
| Summary |
In the next four years, we must not only bring back eliminated rules, but enact better laws; create a more concrete climate response; enact more specific environmental justice legislation; and consider the broader implications of environmental law on indigenous populations. In 1995, after a 70-year absence, biologists reintroduced wolves into... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Carl H. Esbeck |
THE ESTABLISHMENT CLAUSE: ITS ORIGINAL PUBLIC MEANING AND WHAT WE CAN LEARN FROM THE PLAIN TEXT |
22 Federalist Society Review 26 (February 3, 2021) |
Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for a particular position, we offer links to other perspectives on the issue, including ones opposed to the position taken in the article. We... |
2021 |
|
| Author |
Carl H. Esbeck |
| Title |
THE ESTABLISHMENT CLAUSE: ITS ORIGINAL PUBLIC MEANING AND WHAT WE CAN LEARN FROM THE PLAIN TEXT |
| Citation |
22 Federalist Society Review 26 (February 3, 2021) |
| Summary |
Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for a particular position, we offer links to other perspectives on the issue, including ones opposed to the position taken in the article. We... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mary Margaret L. Kirchner |
THE EXECUTION OF LEZMOND MITCHELL: AN ANALYSIS OF FEDERAL INDIAN LAW, CRIMINAL JURISDICTION, AND THE DEATH PENALTY AS APPLIED TO NATIVE AMERICANS |
25 Lewis & Clark Law Review 649 (2021) |
Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the... |
2021 |
|
| Author |
Mary Margaret L. Kirchner |
| Title |
THE EXECUTION OF LEZMOND MITCHELL: AN ANALYSIS OF FEDERAL INDIAN LAW, CRIMINAL JURISDICTION, AND THE DEATH PENALTY AS APPLIED TO NATIVE AMERICANS |
| Citation |
25 Lewis & Clark Law Review 649 (2021) |
| Summary |
Capital punishment is controversial in American society. It is the junction where moral standards and punishment for the most severe crimes crash together head on. As society has evolved, so have the expectations, requirements, and norms for capital punishment. In the history of the United States, capital punishment, commonly referred to as the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Joel West Williams |
THE FAR END OF THE TRAIL OF TEARS: MCGIRT v. OKLAHOMA |
68-FEB Federal Lawyer 12 (January/February, 2021) |
It has always been part of the Oklahoma creation myth that Indian reservations are fundamentally incompatible with Oklahoma statehood. The state's narrative--and sometimes that of federal officials--has been that Indian reservations were disestablished to pave the way for Oklahoma's admission to the Union. The U.S. Supreme Court's recent decision... |
2021 |
|
| Author |
Joel West Williams |
| Title |
THE FAR END OF THE TRAIL OF TEARS: MCGIRT v. OKLAHOMA |
| Citation |
68-FEB Federal Lawyer 12 (January/February, 2021) |
| Summary |
It has always been part of the Oklahoma creation myth that Indian reservations are fundamentally incompatible with Oklahoma statehood. The state's narrative--and sometimes that of federal officials--has been that Indian reservations were disestablished to pave the way for Oklahoma's admission to the Union. The U.S. Supreme Court's recent decision... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Michael Benjamin Smith |
THE FEDERAL PUBLIC TRUST DOCTRINE OF ILLINOIS CENTRAL: THE MISUNDERSTOOD LEGACY OF APPLEBY v. CITY OF NEW YORK |
51 Environmental Law 515 (Summer, 2021) |
The public trust doctrine imposes obligations and restrictions on governments in their exercise of sovereign power over property and resources of great public value. For environmental plaintiffs alleging that the federal government has breached its fiduciary obligation as a steward of natural resources, the vitality of the public trust doctrine... |
2021 |
Yes |
| Author |
Michael Benjamin Smith |
| Title |
THE FEDERAL PUBLIC TRUST DOCTRINE OF ILLINOIS CENTRAL: THE MISUNDERSTOOD LEGACY OF APPLEBY v. CITY OF NEW YORK |
| Citation |
51 Environmental Law 515 (Summer, 2021) |
| Summary |
The public trust doctrine imposes obligations and restrictions on governments in their exercise of sovereign power over property and resources of great public value. For environmental plaintiffs alleging that the federal government has breached its fiduciary obligation as a steward of natural resources, the vitality of the public trust doctrine... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| David M. Golove , Daniel J. Hulsebosch |
THE FEDERALIST CONSTITUTION AS A PROJECT IN INTERNATIONAL LAW |
89 Fordham Law Review 1841 (April, 2021) |
The simple circumstance, that your Constitution forces international law on you, as an integral part of your studies . is, in my opinion, an advantage far beyond that of our superior accuracy (if we have it) in our own common law, acquired by the comparatively narrow range of our studies. --Sir John Taylor Coleridge to Joseph Story When early... |
2021 |
|
| Author |
David M. Golove , Daniel J. Hulsebosch |
| Title |
THE FEDERALIST CONSTITUTION AS A PROJECT IN INTERNATIONAL LAW |
| Citation |
89 Fordham Law Review 1841 (April, 2021) |
| Summary |
The simple circumstance, that your Constitution forces international law on you, as an integral part of your studies . is, in my opinion, an advantage far beyond that of our superior accuracy (if we have it) in our own common law, acquired by the comparatively narrow range of our studies. --Sir John Taylor Coleridge to Joseph Story When early... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Alejandro J. Anselmi González |
THE FLAG CAN TRAVEL BUT THE CONSTITUTION MUST ASK PERMISSION: HOW THE FIRST CIRCUIT AND THE DISTRICT FOR PUERTO RICO COMMIT TO EQUAL PROTECTION WITHOUT ABANDONING THE INSULAR CASES DOCTRINE |
53 University of Miami Inter-American Law Review 87 (Winter/Spring, 2021) |
For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the... |
2021 |
|
| Author |
Alejandro J. Anselmi González |
| Title |
THE FLAG CAN TRAVEL BUT THE CONSTITUTION MUST ASK PERMISSION: HOW THE FIRST CIRCUIT AND THE DISTRICT FOR PUERTO RICO COMMIT TO EQUAL PROTECTION WITHOUT ABANDONING THE INSULAR CASES DOCTRINE |
| Citation |
53 University of Miami Inter-American Law Review 87 (Winter/Spring, 2021) |
| Summary |
For American citizens, one of the most important safeguards guaranteed by the Constitution of the United States is the equal protection of the law. The United States prides itself on the doctrine and jurisprudence of equal protection because of the social progression achieved since the end of the Civil War. The Reconstruction Amendments to the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Alana K. Bevan |
THE FUNDAMENTAL INADEQUACY OF TRIBE-AGENCY CONSULTATION ON MAJOR FEDERAL INFRASTRUCTURE PROJECTS |
6 University of Pennsylvania Journal of Law & Public Affairs 561 (March, 2021) |
Introduction. 562 I. Consultation: The Status Quo for Tribe-Agency Engagement on Major Infrastructure Projects. 565 A. The National Historic Preservation Act. 565 B. National Environmental Policy Act. 569 C. Executive Directives. 570 1. Executive order 13,175. 571 2. Presidential memoranda on tribal consultation. 571 3. Increased presidential... |
2021 |
|
| Author |
Alana K. Bevan |
| Title |
THE FUNDAMENTAL INADEQUACY OF TRIBE-AGENCY CONSULTATION ON MAJOR FEDERAL INFRASTRUCTURE PROJECTS |
| Citation |
6 University of Pennsylvania Journal of Law & Public Affairs 561 (March, 2021) |
| Summary |
Introduction. 562 I. Consultation: The Status Quo for Tribe-Agency Engagement on Major Infrastructure Projects. 565 A. The National Historic Preservation Act. 565 B. National Environmental Policy Act. 569 C. Executive Directives. 570 1. Executive order 13,175. 571 2. Presidential memoranda on tribal consultation. 571 3. Increased presidential... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jonathan W. Reiswig |
THE IMPACT OF RCRA AND MCGIRT ON TRIBAL SOLID WASTE REGULATIONS |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 1 (August, 2021) |
C1-2Table of Contents I. Introduction. 2 II. Background. 3 A. Tribal Sovereignty and Jurisdiction. 3 1. Tribal Civil Regulatory Jurisdiction. 5 2. Tribal Civil Adjudicatory Jurisdiction. 6 3. Tribal Criminal Jurisdiction. 7 4. Public Law 280. 8 B. Environmental Federalism. 9 1. Federal Environmental Regulation Background. 10 2. Tribes and... |
2021 |
Yes |
| Author |
Jonathan W. Reiswig |
| Title |
THE IMPACT OF RCRA AND MCGIRT ON TRIBAL SOLID WASTE REGULATIONS |
| Citation |
7 One J: Oil and Gas, Natural Resources, and Energy Journal 1 (August, 2021) |
| Summary |
C1-2Table of Contents I. Introduction. 2 II. Background. 3 A. Tribal Sovereignty and Jurisdiction. 3 1. Tribal Civil Regulatory Jurisdiction. 5 2. Tribal Civil Adjudicatory Jurisdiction. 6 3. Tribal Criminal Jurisdiction. 7 4. Public Law 280. 8 B. Environmental Federalism. 9 1. Federal Environmental Regulation Background. 10 2. Tribes and... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Vivien Olsen |
THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES |
90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) |
The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... |
2021 |
|
| Author |
Vivien Olsen |
| Title |
THE INDIAN CHILD WELFARE ACT: HISTORY, REFLECTIONS, AND BEST PRACTICES |
| Citation |
90-OCT Journal of the Kansas Bar Association 40 (September/October, 2021) |
| Summary |
The Indian Child Welfare Act (ICWA or the Act), found at 25 U.S.C. § 1901 et seq., is not discretionary. Kansas law requires the ICWA be applied in child welfare cases that involve an Indian child. K.S.A. 38-2203(a) provides: Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Lauren King |
THE INDIAN TREATY CANON AND MCGIRT v. OKLAHOMA: RIGHTING THE SHIP |
56 Tulsa Law Review 401 (Spring, 2021) |
I. Introduction. 401 II. The Disparate Standards for Treaty Right Abrogation. 402 A. The Indian Canons. 402 B. The High Bar for Abrogation of Treaty Usufructuary Rights. 403 C. The Solem Standard for Abrogation of Treaty Rights to a Homeland. 405 III. McGirt Corrects the Test for Treaty Rights Abrogation, Rejecting Consideration of Extratextual... |
2021 |
Yes |
| Author |
Lauren King |
| Title |
THE INDIAN TREATY CANON AND MCGIRT v. OKLAHOMA: RIGHTING THE SHIP |
| Citation |
56 Tulsa Law Review 401 (Spring, 2021) |
| Summary |
I. Introduction. 401 II. The Disparate Standards for Treaty Right Abrogation. 402 A. The Indian Canons. 402 B. The High Bar for Abrogation of Treaty Usufructuary Rights. 403 C. The Solem Standard for Abrogation of Treaty Rights to a Homeland. 405 III. McGirt Corrects the Test for Treaty Rights Abrogation, Rejecting Consideration of Extratextual... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Zinaida Miller |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
52 Columbia Human Rights Law Review 647 (Winter, 2021) |
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
2021 |
|
| Author |
Zinaida Miller |
| Title |
THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY |
| Citation |
52 Columbia Human Rights Law Review 647 (Winter, 2021) |
| Summary |
Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Roger Merino |
THE LAND OF NATIONS: INDIGENOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNATIONAL LAW |
115 AJIL Unbound 129 (2021) |
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... |
2021 |
|
| Author |
Roger Merino |
| Title |
THE LAND OF NATIONS: INDIGENOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNATIONAL LAW |
| Citation |
115 AJIL Unbound 129 (2021) |
| Summary |
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Rebecca Hollander-Blumoff , Matthew T. Bodie |
THE MARKET AS NEGOTIATION |
96 Notre Dame Law Review 1257 (January, 2021) |
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier--they are agglomerations of negotiations by individual parties.... |
2021 |
|
| Author |
Rebecca Hollander-Blumoff , Matthew T. Bodie |
| Title |
THE MARKET AS NEGOTIATION |
| Citation |
96 Notre Dame Law Review 1257 (January, 2021) |
| Summary |
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier--they are agglomerations of negotiations by individual parties.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Lorianne Updike Toler |
THE MISSING INDIAN AFFAIRS CLAUSE |
88 University of Chicago Law Review 413 (March, 2021) |
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... |
2021 |
Yes |
| Author |
Lorianne Updike Toler |
| Title |
THE MISSING INDIAN AFFAIRS CLAUSE |
| Citation |
88 University of Chicago Law Review 413 (March, 2021) |
| Summary |
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| William Baude , Stephen E. Sachs |
THE MISUNDERSTOOD ELEVENTH AMENDMENT |
169 University of Pennsylvania Law Review 609 (February, 2021) |
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, and the unwritten doctrines of state sovereign immunity, as one and the same--reading broad principles into its precise words, or treating the written Amendment as merely illustrative of... |
2021 |
Yes |
| Author |
William Baude , Stephen E. Sachs |
| Title |
THE MISUNDERSTOOD ELEVENTH AMENDMENT |
| Citation |
169 University of Pennsylvania Law Review 609 (February, 2021) |
| Summary |
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, and the unwritten doctrines of state sovereign immunity, as one and the same--reading broad principles into its precise words, or treating the written Amendment as merely illustrative of... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Keaton Barnes |
THE NATIONAL POPULAR VOTE ON TRIAL |
74 Arkansas Law Review 495 (2021) |
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That... |
2021 |
|
| Author |
Keaton Barnes |
| Title |
THE NATIONAL POPULAR VOTE ON TRIAL |
| Citation |
74 Arkansas Law Review 495 (2021) |
| Summary |
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Patty A. Ferguson-Bohnee , Lauren van Schilfgaarde |
THE NEXT FOUR YEARS FOR INDIAN COUNTRY NEED HUMAN RIGHTS |
46 Human Rights 16 (2021) |
The next four years offer an exciting opportunity to transition federal Indian policy to a human rights framework. The ongoing problems faced by Native peoples can be traced to systemic policies that undermine their basic human rights. Although efforts have been made to change policy, more must be done. The Trump administration notably lacked any... |
2021 |
|
| Author |
Patty A. Ferguson-Bohnee , Lauren van Schilfgaarde |
| Title |
THE NEXT FOUR YEARS FOR INDIAN COUNTRY NEED HUMAN RIGHTS |
| Citation |
46 Human Rights 16 (2021) |
| Summary |
The next four years offer an exciting opportunity to transition federal Indian policy to a human rights framework. The ongoing problems faced by Native peoples can be traced to systemic policies that undermine their basic human rights. Although efforts have been made to change policy, more must be done. The Trump administration notably lacked any... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Katherine Farrell Ginsbach |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
24 Quinnipiac Health Law Journal 237 (2021) |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
2021 |
Yes |
| Author |
Katherine Farrell Ginsbach |
| Title |
THE OGLALA LAKOTA AND THE RIGHT TO HEALTH: THE FORGOTTEN AMERICANS |
| Citation |
24 Quinnipiac Health Law Journal 237 (2021) |
| Summary |
C1-3Table of Contents I. Introduction. 239 II. Background. 241 A. Oglala Lakota Demographics. 241 III. Historical Significance. 244 A. Fort Laramie Treaty of 1868. 245 B. The Black Hills and Dawes Act. 247 C. Snyder Act through Present Day. 248 IV. Indigenous Peoples' Health in the United States. 251 A. Indian Health Services. 253 B. Disease... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Elizabeth A. Reese |
THE OTHER AMERICAN LAW |
73 Stanford Law Review 555 (March, 2021) |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
2021 |
|
| Author |
Elizabeth A. Reese |
| Title |
THE OTHER AMERICAN LAW |
| Citation |
73 Stanford Law Review 555 (March, 2021) |
| Summary |
American legal scholarship focuses almost exclusively on federal, state, and local law. However, there are 574 federally recognized tribal governments within the United States, whose laws are largely ignored. This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of American law... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|