AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Dana Zartner, JD, LLM, Ph.D. WATCHING WHANGANUI & THE LESSONS OF LAKE ERIE: EFFECTIVE REALIZATION OF RIGHTS OF NATURE LAWS 22 Vermont Journal of Environmental Law 1 (Spring, 2021) The rights of nature movement has become a hot topic among environmental lawyers and the number of communities around the world that have recognized some version of rights of nature or legal personhood for nature has grown rapidly over the past decade. Whether the result of constitutional amendments like in Ecuador, legislation in New Zealand and... 2021
Author Dana Zartner, JD, LLM, Ph.D.
Title WATCHING WHANGANUI & THE LESSONS OF LAKE ERIE: EFFECTIVE REALIZATION OF RIGHTS OF NATURE LAWS
Citation 22 Vermont Journal of Environmental Law 1 (Spring, 2021)
Summary The rights of nature movement has become a hot topic among environmental lawyers and the number of communities around the world that have recognized some version of rights of nature or legal personhood for nature has grown rapidly over the past decade. Whether the result of constitutional amendments like in Ecuador, legislation in New Zealand and...
Year 2021
Key Terms in Title or Summary
Jennifer J. Seely WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE 96 Washington Law Review 729 (June, 2021) Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... 2021
Author Jennifer J. Seely
Title WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE
Citation 96 Washington Law Review 729 (June, 2021)
Summary Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These...
Year 2021
Key Terms in Title or Summary
Amit Khardori WHAT DOES THE STATE OWE TO ITS PEOPLE? TOWARD A "RESPONSIBILITY TO DEVELOP" 46 Brigham Young University Law Review 1027 (2021) I. Introduction: Mapping the Origins and Potential Future of Development. 1028 II. Sovereignty: The Evolution of International and Domestic Legitimacy of the State (OR) How Absolute Territorial Sovereignty Was Never Really a Thing. 1030 A. The Enlightenment Era. 1030 1. Individual rights at the inception of the state. 1030 2. Popular sovereignty:... 2021 Yes
Author Amit Khardori
Title WHAT DOES THE STATE OWE TO ITS PEOPLE? TOWARD A "RESPONSIBILITY TO DEVELOP"
Citation 46 Brigham Young University Law Review 1027 (2021)
Summary I. Introduction: Mapping the Origins and Potential Future of Development. 1028 II. Sovereignty: The Evolution of International and Domestic Legitimacy of the State (OR) How Absolute Territorial Sovereignty Was Never Really a Thing. 1030 A. The Enlightenment Era. 1030 1. Individual rights at the inception of the state. 1030 2. Popular sovereignty:...
Year 2021
Key Terms in Title or Summary Yes
Kaighn Smith Jr. WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS 68-APR Federal Lawyer 8 (March/April, 2021) Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the... 2021
Author Kaighn Smith Jr.
Title WHEN CONGRESS FORGETS: BREAKING THROUGH CONGRESS'S FAILURE TO MENTION INDIAN TRIBES IN FEDERAL EMPLOYMENT LAWS
Citation 68-APR Federal Lawyer 8 (March/April, 2021)
Summary Congress's enactment of the Families First Coronavirus Response Act (FFCRA) on April 1, 2020, is a stark reminder that Indian tribes are often invisible to Congress when it enacts sweeping employment laws. Such invisibility dates as far back as the National Labor Relations Act of 1935 (NLRA). And it persists in a host of other laws, including the...
Year 2021
Key Terms in Title or Summary
Guillermo J. Garcia Sanchez WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS 51 Seton Hall Law Review 1121 (2021) From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that... 2021
Author Guillermo J. Garcia Sanchez
Title WHEN DRILLS AND PIPELINES CROSS INDIGENOUS LANDS IN THE AMERICAS
Citation 51 Seton Hall Law Review 1121 (2021)
Summary From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that...
Year 2021
Key Terms in Title or Summary
Paul Figueroa WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL 46 Brigham Young University Law Review 979 (2021) Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols.... 2021
Author Paul Figueroa
Title WHEN IMITATION IS NOT FLATTERY: ADDRESSING CULTURAL EXPLOITATION IN GUATEMALA THROUGH A SUI GENERIS MODEL
Citation 46 Brigham Young University Law Review 979 (2021)
Summary Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers' livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols....
Year 2021
Key Terms in Title or Summary
Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY 36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021) INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil... 2021
Author Melissa Tehee, Racheal Killgore, Sallie Mack, Devon S. Isaacs, Erica Ficklin
Title WHEN JUSTICE DOES NOT WORK: A SOLUTION FOCUSED APPROACH TO VIOLENCE AGAINST NATIVE WOMEN IN INDIAN COUNTRY
Citation 36 Wisconsin Journal of Law, Gender & Society 33 (Spring, 2021)
Summary INTRODUCTION. 34 I. VIOLENCE AGAINST NATIVE WOMEN. 35 II. JURISDICTIONAL PROBLEMS. 36 A. Criminal Jurisdiction in Indian Country. 36 i. Federal Policy. 36 ii. Policing, Investigations, and Evidence Collection. 38 iii. High Rates of Federal Declination. 40 iv. Missing and Murdered Indigenous Women, Girls, and Two Spirit (MMIWG2). 42 B. Civil...
Year 2021
Key Terms in Title or Summary
Jessica Intermill WHEN THE PUBLIC INTEREST ISN'T 78-JUN Bench and Bar of Minnesota 22 (May/June, 2021) On a spring morning in 2018, Minnesota Public Utilities Commissioner Katie Sieben began reading a prepared statement. There is no good outcome, she said, where I can sleep easy at night knowing I made the right decision with the facts available. She spoke to a crowd that filled the St. Paul conference room and spilled into hallways and... 2021
Author Jessica Intermill
Title WHEN THE PUBLIC INTEREST ISN'T
Citation 78-JUN Bench and Bar of Minnesota 22 (May/June, 2021)
Summary On a spring morning in 2018, Minnesota Public Utilities Commissioner Katie Sieben began reading a prepared statement. There is no good outcome, she said, where I can sleep easy at night knowing I made the right decision with the facts available. She spoke to a crowd that filled the St. Paul conference room and spilled into hallways and...
Year 2021
Key Terms in Title or Summary
Adam Crepelle WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT 54 University of Michigan Journal of Law Reform 563 (Spring, 2021) American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws... 2021
Author Adam Crepelle
Title WHITE TAPE AND INDIAN WARDS: REMOVING THE FEDERAL BUREAUCRACY TO EMPOWER TRIBAL ECONOMIES AND SELF-GOVERNMENT
Citation 54 University of Michigan Journal of Law Reform 563 (Spring, 2021)
Summary American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws...
Year 2021
Key Terms in Title or Summary
Craig Green WHO WERE THE REAL FOUNDERS? FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES BY GREGORY ABLAVSKY. NEW YORK: OXFORD UNIVERSITY PRESS, 2021. PP. 360. $39.95 121 Columbia Law Review 2269 (November, 2021) Gregory Ablavsky's Federal Ground explains how the national government and American law were transformed in the federal territories that compose modern Ohio and Tennessee. Ablavsky's careful research and fresh perspective will make his work a vital reference for historians, but this Book Review also highlights the book's significance for legal... 2021
Author Craig Green
Title WHO WERE THE REAL FOUNDERS? FEDERAL GROUND: GOVERNING PROPERTY AND VIOLENCE IN THE FIRST U.S. TERRITORIES BY GREGORY ABLAVSKY. NEW YORK: OXFORD UNIVERSITY PRESS, 2021. PP. 360. $39.95
Citation 121 Columbia Law Review 2269 (November, 2021)
Summary Gregory Ablavsky's Federal Ground explains how the national government and American law were transformed in the federal territories that compose modern Ohio and Tennessee. Ablavsky's careful research and fresh perspective will make his work a vital reference for historians, but this Book Review also highlights the book's significance for legal...
Year 2021
Key Terms in Title or Summary
Brigid Sawyer WHOSE HIGHEST AND BEST? INCLUDING ECONOMIC DEVELOPMENT AND INDIVIDUAL LANDOWNERSHIP IN THE HIGHEST AND BEST USE STANDARD 70 Catholic University Law Review 289 (Spring, 2021) In a bleak and fitting analysis of American culture, Chief Sitting Bull of the Hunkpapa Lakota tribe stated, The love of possessions is a disease in [Americans] .. They claim this mother of ours, the earth, for their own use, and fence their neighbor away . If America had been twice the size it is, there still would not have been enough. While... 2021
Author Brigid Sawyer
Title WHOSE HIGHEST AND BEST? INCLUDING ECONOMIC DEVELOPMENT AND INDIVIDUAL LANDOWNERSHIP IN THE HIGHEST AND BEST USE STANDARD
Citation 70 Catholic University Law Review 289 (Spring, 2021)
Summary In a bleak and fitting analysis of American culture, Chief Sitting Bull of the Hunkpapa Lakota tribe stated, The love of possessions is a disease in [Americans] .. They claim this mother of ours, the earth, for their own use, and fence their neighbor away . If America had been twice the size it is, there still would not have been enough. While...
Year 2021
Key Terms in Title or Summary
Eleanor Marie Lawrence Brown WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING 61 American Journal of Legal History 3 (March, 2021) Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... 2021
Author Eleanor Marie Lawrence Brown
Title WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING
Citation 61 American Journal of Legal History 3 (March, 2021)
Summary Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when...
Year 2021
Key Terms in Title or Summary
Natsu Taylor Saito WHY XENOPHOBIA? 31 Berkeley La Raza Law Journal 1 (2021) Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the... 2021
Author Natsu Taylor Saito
Title WHY XENOPHOBIA?
Citation 31 Berkeley La Raza Law Journal 1 (2021)
Summary Xenophobia is deeply intertwined with racism but nevertheless maintains a life of its own. Focusing on the structural drivers of xenophobia in the United States, this essay asks what xenophobia accomplishes that racism alone does not. It posits that while xenophobia serves many purposes, one of its most significant functions is to legitimize the...
Year 2021
Key Terms in Title or Summary
Elizabeth Stephani WIND RIVER DUMPS: TRASH TO TREASURE 21 Wyoming Law Review 163 (2021) I. Introduction. 164 II. An Overview of Municipal Solid Waste Management in America. 167 A. Historical Background on Waste Management in the United States. 168 B. The Regionalization of Waste Facilities in America. 171 III. Solid Waste Management in Wyoming. 173 A. Local Approaches to Waste Management in Wyoming. 175 B. Waste Regionalization in... 2021
Author Elizabeth Stephani
Title WIND RIVER DUMPS: TRASH TO TREASURE
Citation 21 Wyoming Law Review 163 (2021)
Summary I. Introduction. 164 II. An Overview of Municipal Solid Waste Management in America. 167 A. Historical Background on Waste Management in the United States. 168 B. The Regionalization of Waste Facilities in America. 171 III. Solid Waste Management in Wyoming. 173 A. Local Approaches to Waste Management in Wyoming. 175 B. Waste Regionalization in...
Year 2021
Key Terms in Title or Summary
Eric Rolston , Polina Noskova WINNER, BEST APPELLATE BRIEF IN THE 2021 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION 45 American Indian Law Review 409 (2021) I. Whether the Treaty with the Wendat abrogated the Treaty of Wauseon and/or the Maumee Allotment Act of 1908 diminished the Maumee Reservation. If so, whether the Wendat Allotment Act (1892) also diminished the Wendat Reservation or if the Topanga Cession is outside of Indian Country. II. Assuming the Topanga Cession is still in Indian Country,... 2021
Author Eric Rolston , Polina Noskova
Title WINNER, BEST APPELLATE BRIEF IN THE 2021 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION
Citation 45 American Indian Law Review 409 (2021)
Summary I. Whether the Treaty with the Wendat abrogated the Treaty of Wauseon and/or the Maumee Allotment Act of 1908 diminished the Maumee Reservation. If so, whether the Wendat Allotment Act (1892) also diminished the Wendat Reservation or if the Topanga Cession is outside of Indian Country. II. Assuming the Topanga Cession is still in Indian Country,...
Year 2021
Key Terms in Title or Summary
Mary Sarah Bilder WITHOUT DOORS: NATIVE NATIONS AND THE CONVENTION 89 Fordham Law Review 1707 (April, 2021) Wednesday last arrived in this city, from the Cherokee nation, Mr. Alexander Droomgoole, with Sconetoyah, a War Captain, and son to one of the principal Chiefs of that nation. They will leave this place in a few days, for New-York, to represent to Congress some grievances, and to demand an observance of the Treaty of Hopewell, on the Keowee, which... 2021
Author Mary Sarah Bilder
Title WITHOUT DOORS: NATIVE NATIONS AND THE CONVENTION
Citation 89 Fordham Law Review 1707 (April, 2021)
Summary Wednesday last arrived in this city, from the Cherokee nation, Mr. Alexander Droomgoole, with Sconetoyah, a War Captain, and son to one of the principal Chiefs of that nation. They will leave this place in a few days, for New-York, to represent to Congress some grievances, and to demand an observance of the Treaty of Hopewell, on the Keowee, which...
Year 2021
Key Terms in Title or Summary
James Thuo Gathii WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER 67 UCLA Law Review 1610 (April, 2021) This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to... 2021
Author James Thuo Gathii
Title WRITING RACE AND IDENTITY IN A GLOBAL CONTEXT: WHAT CRT AND TWAIL CAN LEARN FROM EACH OTHER
Citation 67 UCLA Law Review 1610 (April, 2021)
Summary This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to...
Year 2021
Key Terms in Title or Summary
Kristen Carpenter, Alexey Tsykarev (Indigenous) Language as a Human Right 24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...and religious officials initially pursued several periods of diplomacy, war, treaty negotiation, and missionary policies toward the indigenous peoples of North America. [FN94] With the adoption of the U.S. Constitution, the United States continued treaty-making, but ultimately this gave way to federal Indian removal in the 1820-1860s and then a policy of... 2020
Author Kristen Carpenter, Alexey Tsykarev
Title (Indigenous) Language as a Human Right
Citation 24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020)
Summary The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...and religious officials initially pursued several periods of diplomacy, war, treaty negotiation, and missionary policies toward the indigenous peoples of North America. [FN94] With the adoption of the U.S. Constitution, the United States continued treaty-making, but ultimately this gave way to federal Indian removal in the 1820-1860s and then a policy of...
Year 2020
Key Terms in Title or Summary
Jeff Todd A "Sense of Equity" in Environmental Justice Litigation 44 Harvard Environmental Law Review 169 (2020) C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...note 9, at 1189-92; Rebecca Tsosie, Climate Change and Indigenous Peoples: Comparative Models of Sovereignty , 26 Tul. Envtl. L.J. 239, 249 (2013) [hereinafter Tsosie, Sovereignty . Molodanof & Durney, supra note 6, at 219-20.... 2020
Author Jeff Todd
Title A "Sense of Equity" in Environmental Justice Litigation
Citation 44 Harvard Environmental Law Review 169 (2020)
Summary C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...note 9, at 1189-92; Rebecca Tsosie, Climate Change and Indigenous Peoples: Comparative Models of Sovereignty , 26 Tul. Envtl. L.J. 239, 249 (2013) [hereinafter Tsosie, Sovereignty . Molodanof & Durney, supra note 6, at 219-20....
Year 2020
Key Terms in Title or Summary
Ali Shan Ali Bhai A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases 69 Duke Law Journal 1149 (February, 2020) When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial; Search Snippet: ...subject to judicial review. Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... 2020
Author Ali Shan Ali Bhai
Title A Border Deferred: Structural Safeguards Against Judicial Deference in Immigration National Security Cases
Citation 69 Duke Law Journal 1149 (February, 2020)
Summary When confronted with cases lying at the intersection of immigration and national security, the judiciary has abided by a consistent principle: the president knows best. Since the late nineteenth century, rather than deciding these cases on the merits, courts have instead deferred to the executive branch. Courts' reluctance to engage in judicial; Search Snippet: ...subject to judicial review. Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power...
Year 2020
Key Terms in Title or Summary
Grant H. Frazier , John N. Thorpe A Case for Circumscribed Judicial Evaluation in the Supreme Court Confirmation Process 33 Georgetown Journal of Legal Ethics 229 (Spring, 2020) In today's highly contentious judicial confirmation process, the American Bar Association--hardly a disinterested party--takes it upon itself to evaluate the qualifications of federal judicial nominees. The Senate often relies heavily on these evaluations, despite anecdotal evidence and empirical research showing strong political bias. In an effort; Search Snippet: ...21, 1789 request for the Senate's advice on a proposed Indian treaty. [FN106] This interaction is unusually well-documented, thanks in part... 2020
Author Grant H. Frazier , John N. Thorpe
Title A Case for Circumscribed Judicial Evaluation in the Supreme Court Confirmation Process
Citation 33 Georgetown Journal of Legal Ethics 229 (Spring, 2020)
Summary In today's highly contentious judicial confirmation process, the American Bar Association--hardly a disinterested party--takes it upon itself to evaluate the qualifications of federal judicial nominees. The Senate often relies heavily on these evaluations, despite anecdotal evidence and empirical research showing strong political bias. In an effort; Search Snippet: ...21, 1789 request for the Senate's advice on a proposed Indian treaty. [FN106] This interaction is unusually well-documented, thanks in part...
Year 2020
Key Terms in Title or Summary
Christian Pfister A Central Bank Digital Currency: Why? How? To What Effect? 39 No. 6 Banking & Financial Services Policy Report Rep. 9 (June, 2020) A central bank digital currency (CBDC) may be defined as an element of the monetary base that is traded at par against fiat currency and reserves and that only the central bank may issue or destroy. A CBDC should also be available 24/7, may be used in peer-to-peer transactions and would circulate on digital media that are at least partially; Search Snippet: ...through the issuance of a wholesale or retail CBDC, a native European solution that can preserve the EU's full sovereignty in the area of transactions and that is independent of... 2020
Author Christian Pfister
Title A Central Bank Digital Currency: Why? How? To What Effect?
Citation 39 No. 6 Banking & Financial Services Policy Report Rep. 9 (June, 2020)
Summary A central bank digital currency (CBDC) may be defined as an element of the monetary base that is traded at par against fiat currency and reserves and that only the central bank may issue or destroy. A CBDC should also be available 24/7, may be used in peer-to-peer transactions and would circulate on digital media that are at least partially; Search Snippet: ...through the issuance of a wholesale or retail CBDC, a native European solution that can preserve the EU's full sovereignty in the area of transactions and that is independent of...
Year 2020
Key Terms in Title or Summary
John Scrudato IV A Constitution Fit for a Nation: the Influence of the Law of Nations on the Virginia Plan and James Madison's Constitutional Thought 31 Yale Journal of Law & the Humanities 169 (2020) C1-2Contents Introduction. 171 I. The International World of the Founders and the Significance of the Law of Nations. 172 II. Empirical Analysis of Law of Nations Mentions among the Founders. 177 III. A Curious Command of the Law of Nations. 180 IV. The Law of Nations and Madison's Proposed Constitutional Framework. 192 V. The Resurrection of; Search Snippet: ...month Randolph took office, George Rogers Clark, a former Congressional Indian Commissioner and Revolutionary War Brigadier General, joined a group of... 2020
Author John Scrudato IV
Title A Constitution Fit for a Nation: the Influence of the Law of Nations on the Virginia Plan and James Madison's Constitutional Thought
Citation 31 Yale Journal of Law & the Humanities 169 (2020)
Summary C1-2Contents Introduction. 171 I. The International World of the Founders and the Significance of the Law of Nations. 172 II. Empirical Analysis of Law of Nations Mentions among the Founders. 177 III. A Curious Command of the Law of Nations. 180 IV. The Law of Nations and Madison's Proposed Constitutional Framework. 192 V. The Resurrection of; Search Snippet: ...month Randolph took office, George Rogers Clark, a former Congressional Indian Commissioner and Revolutionary War Brigadier General, joined a group of...
Year 2020
Key Terms in Title or Summary
Jeff Todd A Fighting Stance in Environmental Justice Litigation 50 Environmental Law 557 (Summer, 2020) The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants; Search Snippet: ...because nations like the U.S. benefit from trade and investment treaties that incentivize multinational corporations to conduct heavy manufacturing, mineral extraction... 2020
Author Jeff Todd
Title A Fighting Stance in Environmental Justice Litigation
Citation 50 Environmental Law 557 (Summer, 2020)
Summary The poor, persons of color, and indigenous peoples often turn to the courts to correct the injustice of companies and governments causing environmental harms in their communities. Existing interpretations of tort, statutory, and constitutional law do not adequately fit the situations faced by environmental justice plaintiffs, however, so defendants; Search Snippet: ...because nations like the U.S. benefit from trade and investment treaties that incentivize multinational corporations to conduct heavy manufacturing, mineral extraction...
Year 2020
Key Terms in Title or Summary
Michael Kirby AC CMG A Global Constitutional Dialogue on Human Rights Challenges for the Judiciary in the 21st Century 9 British Journal of American Legal Studies 405 (Fall, 2020) C1-2CONTENTS I. Keeping up With Rapidly Changing Times. 406 II. Preserving Judicial Integrity. 408 III. Protection of Human Rights. 410 IV. Globalism, Democracy and the Judiciary. 413 V. Reflection of Judicial Values. 416 VI. Technology and Transparency. 417 VII. Artificial Intelligence and the Will to Justice. 418 VIII. Global Pandemics and; Search Snippet: ...were nomadic and that the land was terra nullius, no treaty was negotiated in Australia to govern and redress the dispossession of Indigenous land and other rights. [FN42] This approach was upheld in... 2020
Author Michael Kirby AC CMG
Title A Global Constitutional Dialogue on Human Rights Challenges for the Judiciary in the 21st Century
Citation 9 British Journal of American Legal Studies 405 (Fall, 2020)
Summary C1-2CONTENTS I. Keeping up With Rapidly Changing Times. 406 II. Preserving Judicial Integrity. 408 III. Protection of Human Rights. 410 IV. Globalism, Democracy and the Judiciary. 413 V. Reflection of Judicial Values. 416 VI. Technology and Transparency. 417 VII. Artificial Intelligence and the Will to Justice. 418 VIII. Global Pandemics and; Search Snippet: ...were nomadic and that the land was terra nullius, no treaty was negotiated in Australia to govern and redress the dispossession of Indigenous land and other rights. [FN42] This approach was upheld in...
Year 2020
Key Terms in Title or Summary
Gregory E. Maggs A Guide and Index for Finding Evidence of the Original Meaning of the U.s. Constitution in Early State Constitutions and Declarations of Rights 98 North Carolina Law Review 779 (May, 2020) When the original thirteen states declared independence from Great Britain, their former colonial charters became obsolete. Eleven states quickly addressed this situation by adopting state constitutions and, in some cases, declarations of rights to replace their charters. These state documents greatly influenced the drafting of the United States; Search Snippet: ...art. XXXIII; to license PA-C § 20 to make treaties SC-C art. XXXIII; to order quarantines MD-C art... 2020
Author Gregory E. Maggs
Title A Guide and Index for Finding Evidence of the Original Meaning of the U.s. Constitution in Early State Constitutions and Declarations of Rights
Citation 98 North Carolina Law Review 779 (May, 2020)
Summary When the original thirteen states declared independence from Great Britain, their former colonial charters became obsolete. Eleven states quickly addressed this situation by adopting state constitutions and, in some cases, declarations of rights to replace their charters. These state documents greatly influenced the drafting of the United States; Search Snippet: ...art. XXXIII; to license PA-C § 20 to make treaties SC-C art. XXXIII; to order quarantines MD-C art...
Year 2020
Key Terms in Title or Summary
Gary Born, Danielle Morris, Stephanie Forrest A Margin of Appreciation: Appreciating its Irrelevance in International Law 61 Harvard International Law Journal 65 (Winter, 2020) The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of; Search Snippet: ...2), India-Swed., July 4, 2000 ( Indian Ministry of Foreign Affairs website); Treaty Concerning the Encouragement and Reciprocal Protection of Investment art. XIV, Alb.-U.S., Nov. 1, 1995, S. Treaty Doc. No. 104-19 (1995). See also CETA, supra note... 2020
Author Gary Born, Danielle Morris, Stephanie Forrest
Title A Margin of Appreciation: Appreciating its Irrelevance in International Law
Citation 61 Harvard International Law Journal 65 (Winter, 2020)
Summary The margin of appreciation is an ill-defined legal concept that some international tribunals have referred to when affording a measure of deference to actions taken by national authorities. As most international tribunals have concluded, however, the margin of appreciation is neither a rule of international law nor a justifiable exercise of; Search Snippet: ...2), India-Swed., July 4, 2000 ( Indian Ministry of Foreign Affairs website); Treaty Concerning the Encouragement and Reciprocal Protection of Investment art. XIV, Alb.-U.S., Nov. 1, 1995, S. Treaty Doc. No. 104-19 (1995). See also CETA, supra note...
Year 2020
Key Terms in Title or Summary
Jordan Ramharter A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty 72 Maine Law Review 379 (2020) I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School... 2020 Yes
Author Jordan Ramharter
Title A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty
Citation 72 Maine Law Review 379 (2020)
Summary I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...MAINE'S STATE EDUCATION SYSTEM TO PROMOTE THE SUCCESS OF ITS NATIVE STUDENTS WHILE MAINTAINING TRIBAL SOVEREIGNTY Jordan Ramharter Copyright © 2020 by the University of Maine School...
Year 2020
Key Terms in Title or Summary Yes
Gabriel J. Chin A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens 100 Boston University Law Review 1271 (September, 2020) U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially; Search Snippet: ...such. The California Constitution of 1879 granted suffrage to [e]very native male citizen of the United States and every male person... 2020
Author Gabriel J. Chin
Title A Nation of White Immigrants: State and Federal Racial Preferences for White Noncitizens
Citation 100 Boston University Law Review 1271 (September, 2020)
Summary U.S. law, of course, drew many lines based on race from the earliest days of slavery and colonialism. It is also well known that the government discriminated against noncitizens in favor of citizens in areas such as licensing and land ownership. This Article proposes that during the long Jim Crow era, there was an additional body of racially; Search Snippet: ...such. The California Constitution of 1879 granted suffrage to [e]very native male citizen of the United States and every male person...
Year 2020
Key Terms in Title or Summary
Joseph Regalia A New Water Law Vista: Rooting the Public Trust Doctrine in the Courts 108 Kentucky Law Journal L.J. 1 (2019-2020) C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12; Search Snippet: ...dates back much farther. See, e.g. San Carlos Apache Tribe v. Super. Ct. ex rel . Cty. of Maricopa, 972 P... 2020
Author Joseph Regalia
Title A New Water Law Vista: Rooting the Public Trust Doctrine in the Courts
Citation 108 Kentucky Law Journal L.J. 1 (2019-2020)
Summary C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12; Search Snippet: ...dates back much farther. See, e.g. San Carlos Apache Tribe v. Super. Ct. ex rel . Cty. of Maricopa, 972 P...
Year 2020
Key Terms in Title or Summary
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