| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| David M. Howard |
A Revised Revisionist Position in the Law of Nations Debate |
15 Duke Journal of Constitutional Law & Public Policy 53 (Spring, 2020) |
One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer--the modern position with Dean Harold Koh and Professor Carlos Vasquez to the; Search Snippet: ...and Federal Courts' Post- Kiobel Jurisprudence Guided by Australian and Indian Experiences , 29 Emory Int'l L. Rev. 119, 142 (2014) (citing... |
2020 |
|
| Author |
David M. Howard |
| Title |
A Revised Revisionist Position in the Law of Nations Debate |
| Citation |
15 Duke Journal of Constitutional Law & Public Policy 53 (Spring, 2020) |
| Summary |
One of the most contentious debates in the legal field has continued for decades over the question: is customary international law incorporated into U.S. domestic law? This question has sparked controversy that has resulted in multiple positions but no definite answer--the modern position with Dean Harold Koh and Professor Carlos Vasquez to the; Search Snippet: ...and Federal Courts' Post- Kiobel Jurisprudence Guided by Australian and Indian Experiences , 29 Emory Int'l L. Rev. 119, 142 (2014) (citing... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Robert L. Glicksman |
A Tribute to George Cameron Coggins, Public Lands Maverick |
68 University of Kansas Law Review 699 (May, 2020) |
Writing a conventional tribute to George Coggins is like trying to fit a square peg into a round hole. George was not big on convention. Refreshingly irreverent is the way one of his fellow public lands scholars described him. Another called him one in a million, in a million different ways. As Professor Jim May recalled in the days following; Search Snippet: ...considerable attention to wildlife law, writing about the Migratory Bird Treaty Act, [FN113] wildlife law and Native Americans, [FN114] and wildlife protection in the national parks. [FN115... |
2020 |
|
| Author |
Robert L. Glicksman |
| Title |
A Tribute to George Cameron Coggins, Public Lands Maverick |
| Citation |
68 University of Kansas Law Review 699 (May, 2020) |
| Summary |
Writing a conventional tribute to George Coggins is like trying to fit a square peg into a round hole. George was not big on convention. Refreshingly irreverent is the way one of his fellow public lands scholars described him. Another called him one in a million, in a million different ways. As Professor Jim May recalled in the days following; Search Snippet: ...considerable attention to wildlife law, writing about the Migratory Bird Treaty Act, [FN113] wildlife law and Native Americans, [FN114] and wildlife protection in the national parks. [FN115... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Christopher Mark Macneill |
A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims |
35 Journal of Environmental Law & Litigation 227 (2020) |
Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... |
2020 |
Yes |
| Author |
Christopher Mark Macneill |
| Title |
A Trip to Lomonosov Ridge: the Arctic, Unclos, and "Off the Shelf" Sovereignty Claims |
| Citation |
35 Journal of Environmental Law & Litigation 227 (2020) |
| Summary |
Introduction. 228 I. Statement of Claim. 230 II. Insusceptibility of the Open Sea to Be Appropriated as Property: A Historical Examination. 230 III. Legal Frameworks for the Deep Seabed. 234 A. The 1958 United Nations Convention on the Law of the Sea. 234 B. The 1982 Law of the Sea Convention. 237 IV. Competing Sovereignty Claims to the Arctic: The; Search Snippet: ...supra note 5, at 73. . Briney, supra note 81. Sovereignty over Greenland is exercised by Denmark and Greenlanders are viewed by the Danish government as an indigenous people within Denmark. Currie, supra note 45, at 3.... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| David W. Schnare |
Academic Research Transparency and the Importance of Being Earnest |
49 Journal of Law and Education Educ. 1 (Winter, 2020) |
Public universities and their research faculty have become important participants in governmental regulatory policy making. The public often chaffs from such regulatory controls and demands that the scientific foundations of such policies be open to public examination. In the absence of quantitative information on the volume and nature of such; Search Snippet: .... Terri Hansen & Jacqueline Keeler, The NIH Is Bypassing Tribal Sovereignty to Harvest Genetic Data from Native Americans Motherboard: Tech by Vice (Dec. 21, 2018, 2:32... |
2020 |
|
| Author |
David W. Schnare |
| Title |
Academic Research Transparency and the Importance of Being Earnest |
| Citation |
49 Journal of Law and Education Educ. 1 (Winter, 2020) |
| Summary |
Public universities and their research faculty have become important participants in governmental regulatory policy making. The public often chaffs from such regulatory controls and demands that the scientific foundations of such policies be open to public examination. In the absence of quantitative information on the volume and nature of such; Search Snippet: .... Terri Hansen & Jacqueline Keeler, The NIH Is Bypassing Tribal Sovereignty to Harvest Genetic Data from Native Americans Motherboard: Tech by Vice (Dec. 21, 2018, 2:32... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Antoinette Burton |
Accounting for Colonial Legal Personhood: New Intersectional Histories from the British Empire |
38 Law and History Review 143 (February, 2020) |
As a feminist scholar of the British Empire who grew up intellectually in the 1980s, I am grateful for the ways that these articles allow us to revisit some of the keywords and critical concepts that animated histories of race, gender, conjugality, and un/lawful sex in the late nineteenth and early twentieth centuries in both metropole and colony; Search Snippet: ...significations of indigeneity were mobilized rhetorically and symbolically by British Indian subjects and by colonial authorities alike, each aspiring to assert their claims to imperial sovereignty and, in a frankly brilliant reading of the Komagata Maru' s... |
2020 |
|
| Author |
Antoinette Burton |
| Title |
Accounting for Colonial Legal Personhood: New Intersectional Histories from the British Empire |
| Citation |
38 Law and History Review 143 (February, 2020) |
| Summary |
As a feminist scholar of the British Empire who grew up intellectually in the 1980s, I am grateful for the ways that these articles allow us to revisit some of the keywords and critical concepts that animated histories of race, gender, conjugality, and un/lawful sex in the late nineteenth and early twentieth centuries in both metropole and colony; Search Snippet: ...significations of indigeneity were mobilized rhetorically and symbolically by British Indian subjects and by colonial authorities alike, each aspiring to assert their claims to imperial sovereignty and, in a frankly brilliant reading of the Komagata Maru' s... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Arthur G. LeFrancois |
Activist, Scholar, Administrator |
45 Oklahoma City University Law Review Rev. 5 (Fall/Winter 2020) |
All those who saw you report to me that you have undergone a tremendous transformation and have become almost angelic in nature. This worries me. For while I would like you to be a good boy and to become a good man, I should regret it if you lost your high spirits, your great energy, and even your mischievousness. When Larry Hellman was a very; Search Snippet: ...addition to establishing innocence and immigration clinics, Larry expanded our Native American Legal Resource Center (now the American Indian Law and Sovereignty Center), increased federal and state externship opportunities, and established our... |
2020 |
|
| Author |
Arthur G. LeFrancois |
| Title |
Activist, Scholar, Administrator |
| Citation |
45 Oklahoma City University Law Review Rev. 5 (Fall/Winter 2020) |
| Summary |
All those who saw you report to me that you have undergone a tremendous transformation and have become almost angelic in nature. This worries me. For while I would like you to be a good boy and to become a good man, I should regret it if you lost your high spirits, your great energy, and even your mischievousness. When Larry Hellman was a very; Search Snippet: ...addition to establishing innocence and immigration clinics, Larry expanded our Native American Legal Resource Center (now the American Indian Law and Sovereignty Center), increased federal and state externship opportunities, and established our... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| William Baude |
Adjudication Outside Article Iii |
133 Harvard Law Review 1511 (March, 2020) |
C1-2CONTENTS Introduction. 1513 I. The Puzzle of Adjudication Outside Article III. 1514 A. The Constitutional Provisions. 1514 B. The Historical Exceptions. 1515 C. The Puzzle. 1516 D. A Return to Constitutional Powers. 1519 II. The Powers of Non--Article III Tribunals. 1521 A. The Judicial Power (of Some Other Government). 1523 1. State Courts; Search Snippet: ...tribes. . Brief of Amicus Curiae National Congress of American Indians in Support of Petitioner at 26-29, United States v... |
2020 |
|
| Author |
William Baude |
| Title |
Adjudication Outside Article Iii |
| Citation |
133 Harvard Law Review 1511 (March, 2020) |
| Summary |
C1-2CONTENTS Introduction. 1513 I. The Puzzle of Adjudication Outside Article III. 1514 A. The Constitutional Provisions. 1514 B. The Historical Exceptions. 1515 C. The Puzzle. 1516 D. A Return to Constitutional Powers. 1519 II. The Powers of Non--Article III Tribunals. 1521 A. The Judicial Power (of Some Other Government). 1523 1. State Courts; Search Snippet: ...tribes. . Brief of Amicus Curiae National Congress of American Indians in Support of Petitioner at 26-29, United States v... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Joshua Kastenberg |
Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: the Development of Law and Shaping of Society in the Southwest |
50 New Mexico Law Review 347 (Summer, 2020) |
On January 16, 1920, the United States became a dry nation, at least as intended by the recently adopted the Eighteenth Amendment to the Constitution and its implementing legislation, the National Prohibition Act. In his comprehensive study on the national alcohol ban, Last Call the Rise and Fall of Prohibition, Daniel Okrent asks his readers:; Search Snippet: ...id. at 49 See, e.g. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice 121... |
2020 |
|
| Author |
Joshua Kastenberg |
| Title |
Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: the Development of Law and Shaping of Society in the Southwest |
| Citation |
50 New Mexico Law Review 347 (Summer, 2020) |
| Summary |
On January 16, 1920, the United States became a dry nation, at least as intended by the recently adopted the Eighteenth Amendment to the Constitution and its implementing legislation, the National Prohibition Act. In his comprehensive study on the national alcohol ban, Last Call the Rise and Fall of Prohibition, Daniel Okrent asks his readers:; Search Snippet: ...id. at 49 See, e.g. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice 121... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Milan Kumar |
American Indians and the Right to Vote: Why the Courts Are Not Enough |
61 Boston College Law Review 1111 (March, 2020) |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress; Search Snippet: ...that even though the plaintiffs acquired their title from the tribe it is not a title that can be recognized by... |
2020 |
|
| Author |
Milan Kumar |
| Title |
American Indians and the Right to Vote: Why the Courts Are Not Enough |
| Citation |
61 Boston College Law Review 1111 (March, 2020) |
| Summary |
American Indians and Alaska Natives face new barriers in exercising their fundamental right to vote. Recently, states have introduced and implemented facially neutral voting rules aimed at eliminating voter fraud. These rules, as well as strict voter identification and increased reliance on mail-in ballots, disproportionately suppress; Search Snippet: ...that even though the plaintiffs acquired their title from the tribe it is not a title that can be recognized by... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Amit Kumar Sinha |
An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties |
45 Brooklyn Journal of International Law 679 (2020) |
Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... |
2020 |
Yes |
| Author |
Amit Kumar Sinha |
| Title |
An Inquiry into the Scope of Mfn Provisions in Bilateral Investment Treaties |
| Citation |
45 Brooklyn Journal of International Law 679 (2020) |
| Summary |
Introduction. 680 I. MFN Application: Internal Measures. 684 A. Relevant Comparators for the Purpose of Establishing Discrimination. 684 B. Contextualizing the Discourse. 690 II. MFN Application: External Measures. 692 A. The Tale of Two Cases. 693 1. Ambatielos Claim. 694 2. Anglo-Iranian Oil Co. Case. 696 B. Investment Tribunals. 698 1. Emilio; Search Snippet: ...indirect expropriation. . Prabhash Ranjan & Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction , 38 Nw. J. Int'l L. & Bus. 1... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Erin Hogan-Freemole |
An Odd Way to Read a Preemption Statute: the Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act |
31 Colorado Natural Resources, Energy & Environmental Law Review 379 (Summer, 2020) |
C1-2Table of Contents Introduction. 380 I. The Atomic Energy Act. 382 A. The History and Structure of the Atomic Energy Act. 382 1. The Role of the Nuclear Regulatory Commission. 383 2. Uranium: Mining, Milling, and Environmental Impacts. 384 3. The Role of the States in Nuclear Regulation. 386 B. Preemption Under the Atomic Energy Act. 387 1; Search Snippet: ...processing. [FN199] It notes that natural resource management in Navajo Indian Country [FN200] is a traditional matter of paramount governmental interest and a fundamental exercise of Navajo tribal sovereignty. [FN201] While the legal status of states and tribes are... |
2020 |
|
| Author |
Erin Hogan-Freemole |
| Title |
An Odd Way to Read a Preemption Statute: the Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act |
| Citation |
31 Colorado Natural Resources, Energy & Environmental Law Review 379 (Summer, 2020) |
| Summary |
C1-2Table of Contents Introduction. 380 I. The Atomic Energy Act. 382 A. The History and Structure of the Atomic Energy Act. 382 1. The Role of the Nuclear Regulatory Commission. 383 2. Uranium: Mining, Milling, and Environmental Impacts. 384 3. The Role of the States in Nuclear Regulation. 386 B. Preemption Under the Atomic Energy Act. 387 1; Search Snippet: ...processing. [FN199] It notes that natural resource management in Navajo Indian Country [FN200] is a traditional matter of paramount governmental interest and a fundamental exercise of Navajo tribal sovereignty. [FN201] While the legal status of states and tribes are... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Aaron Rappaport |
An Unappreciated Constraint on the President's Pardon Power |
52 Connecticut Law Review 271 (April, 2020) |
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the; Search Snippet: ...area, or Barataria Island. X 6/12/1830 Jackson Cherokee Indians (incorporated into treaty) X 8/6/1846 Polk Political prisoners prosecuted under Sedition... |
2020 |
|
| Author |
Aaron Rappaport |
| Title |
An Unappreciated Constraint on the President's Pardon Power |
| Citation |
52 Connecticut Law Review 271 (April, 2020) |
| Summary |
Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the; Search Snippet: ...area, or Barataria Island. X 6/12/1830 Jackson Cherokee Indians (incorporated into treaty) X 8/6/1846 Polk Political prisoners prosecuted under Sedition... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Alana Paris |
An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes Dismantles Jury Community Conscience |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress; Search Snippet: ...community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the... |
2020 |
|
| Author |
Alana Paris |
| Title |
An Unfair Cross Section: Federal Jurisdiction for Indian Country Crimes Dismantles Jury Community Conscience |
| Citation |
16 Northwestern Journal of Law & Social Policy 92 (Fall, 2020) |
| Summary |
Under the Sixth Amendment to the United States Constitution, federal jury pools must reflect a fair cross section of the community in which a crime is prosecuted and from which no distinct group in the community is excluded. The community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress; Search Snippet: ...community in which a crime is prosecuted varies widely in Indian country based on legislative reforms enacted by Congress to strip indigenous populations of their inherent sovereignty. Under the Major Crimes Act, the federal government has the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Sabina Veneziano |
An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes |
55 University of San Francisco Law Review 31 (2020) |
TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... |
2020 |
Yes |
| Author |
Sabina Veneziano |
| Title |
An Untold Story: the Use of Fcn Treaties to Challenge Discriminatory State Statutes |
| Citation |
55 University of San Francisco Law Review 31 (2020) |
| Summary |
TREATIES OF FRIENDSHIP, commerce, and navigation (FCN treaties) are broad commercial and navigation treaties. They proscribe guidelines illustrating the obligations that contracting parties owe one another as well as the rights each contracting state owes to the nationals of the other contracting state. Essentially, these treaties set forth the; Search Snippet: ...U.S. courts claiming that these state statutes violated the FCN treaty the United States entered into with their native countries. The purpose of these FCN treaties was, in spirit... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Andrew Rader |
Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming |
44 American Indian Law Review 403 (2020) |
The Crow Tribe has inhabited southern Montana and northern Wyoming for more than three centuries; Wyoming officially became a state in 1890, long after the Crow Tribe settled in the area. The Tribe's settlement encompassed what is now known as the Bighorn National Forest, which is partly located in present-day Wyoming. Various territories; Search Snippet: ...those found in Herrera [FN13] Race Horse involved the Bannock Tribe of Indians, another tribe with land in present-day Wyoming, and the Tribe's treaty with the United States. [FN14] Within this treaty, article 4 provided, in part, the following language: [B]ut they... |
2020 |
|
| Author |
Andrew Rader |
| Title |
Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming |
| Citation |
44 American Indian Law Review 403 (2020) |
| Summary |
The Crow Tribe has inhabited southern Montana and northern Wyoming for more than three centuries; Wyoming officially became a state in 1890, long after the Crow Tribe settled in the area. The Tribe's settlement encompassed what is now known as the Bighorn National Forest, which is partly located in present-day Wyoming. Various territories; Search Snippet: ...those found in Herrera [FN13] Race Horse involved the Bannock Tribe of Indians, another tribe with land in present-day Wyoming, and the Tribe's treaty with the United States. [FN14] Within this treaty, article 4 provided, in part, the following language: [B]ut they... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Carrie L. Rosenbaum |
Anti-democratic Immigration Law |
97 Denver Law Review 797 (Summer, 2020) |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized; Search Snippet: ...nations. [FN104] In comparing plenary power's extraconstitutional authority over American Indians, Bibler Coutin, Richland, and Fortin refer to the United States... |
2020 |
|
| Author |
Carrie L. Rosenbaum |
| Title |
Anti-democratic Immigration Law |
| Citation |
97 Denver Law Review 797 (Summer, 2020) |
| Summary |
[I]n order to fully abolish the oppressive conditions produced by slavery, new democratic institutions would have to be created .. - W.E.B. DuBois This Article will bring together, in a novel way, three critical themes or concepts--settler colonialism, immigration plenary power, and rule of law. The U.S. constitutional democracy has naturalized; Search Snippet: ...nations. [FN104] In comparing plenary power's extraconstitutional authority over American Indians, Bibler Coutin, Richland, and Fortin refer to the United States... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Monica C. Bell |
Anti-segregation Policing |
95 New York University Law Review 650 (June, 2020) |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the; Search Snippet: ...from the fear of White behavior. [FN141] The story of Native Americans' struggle to retain tribal sovereignty in the face of settler colonialism provides a helpful critical... |
2020 |
|
| Author |
Monica C. Bell |
| Title |
Anti-segregation Policing |
| Citation |
95 New York University Law Review 650 (June, 2020) |
| Summary |
Conversations about police reform in lawmaking and legal scholarship typically take a narrow view of the multiple, complex roles that policing plays in American society, focusing primarily on their techniques of crime control. This Article breaks from that tendency, engaging police reform from a sociological perspective that focuses instead on the; Search Snippet: ...from the fear of White behavior. [FN141] The story of Native Americans' struggle to retain tribal sovereignty in the face of settler colonialism provides a helpful critical... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Oagile Bethuel Key Dingake, Najla Hasic, Tomei Peppard, Stephen Hayden |
Appointment of Judges and the Threat to Judicial Independence: Case Studies from Botswana, Swaziland, South Africa, and Kenya |
44 Southern Illinois University Law Journal 407 (Spring, 2020) |
I. BACKGROUND INFORMATION. 409 II. THE SOUTHERN AFRICAN CHIEF JUSTICES FORUM: THE LILONGWE PRINCIPLES AND GUIDELINES ON THE SELECTION AND APPOINTMENT OF JUDICIAL OFFICERS.. 412 A. The Commonwealth Context: the 2003 Latimer House Principles. 414 B. Latimer House Principle IV: Independence of the Judiciary. 415 C. The Role of a Judicial Appointments; Search Snippet: ...theories of judicial selection in various democracies). . Tom Tso, Indian Nations and the Human Right to an Independent Judiciary , 3 N.Y. City L. Rev. 105, 111 (1998) (noting international treaties that call for judicial independence to ensure fair proceedings: the... |
2020 |
|
| Author |
Oagile Bethuel Key Dingake, Najla Hasic, Tomei Peppard, Stephen Hayden |
| Title |
Appointment of Judges and the Threat to Judicial Independence: Case Studies from Botswana, Swaziland, South Africa, and Kenya |
| Citation |
44 Southern Illinois University Law Journal 407 (Spring, 2020) |
| Summary |
I. BACKGROUND INFORMATION. 409 II. THE SOUTHERN AFRICAN CHIEF JUSTICES FORUM: THE LILONGWE PRINCIPLES AND GUIDELINES ON THE SELECTION AND APPOINTMENT OF JUDICIAL OFFICERS.. 412 A. The Commonwealth Context: the 2003 Latimer House Principles. 414 B. Latimer House Principle IV: Independence of the Judiciary. 415 C. The Role of a Judicial Appointments; Search Snippet: ...theories of judicial selection in various democracies). . Tom Tso, Indian Nations and the Human Right to an Independent Judiciary , 3 N.Y. City L. Rev. 105, 111 (1998) (noting international treaties that call for judicial independence to ensure fair proceedings: the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Argentine Congress Approves Bill Establishing New Tax Settlement Plan |
31 Journal of International Taxation 06 (November, 2020) |
On 13 August 2020, Argentina's Congress approved a bill that would establish a new tax settlement plan for individuals and companies doing business in Argentina. The bill will be enacted once it is published in the Official Gazette. Taxpayersshould continue to monitor the release of further regulations by the Executive Power and the tax; Search Snippet: ...of the Indian tax authorities. Therefore, in cases where the Indian taxpayer receivesan order from the ITAT with respect to the... |
2020 |
|
| Author |
|
| Title |
Argentine Congress Approves Bill Establishing New Tax Settlement Plan |
| Citation |
31 Journal of International Taxation 06 (November, 2020) |
| Summary |
On 13 August 2020, Argentina's Congress approved a bill that would establish a new tax settlement plan for individuals and companies doing business in Argentina. The bill will be enacted once it is published in the Official Gazette. Taxpayersshould continue to monitor the release of further regulations by the Executive Power and the tax; Search Snippet: ...of the Indian tax authorities. Therefore, in cases where the Indian taxpayer receivesan order from the ITAT with respect to the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Asli Ü. Bâli |
Artificial States and the Remapping of the Middle East |
53 Vanderbilt Journal of Transnational Law 405 (March, 2020) |
This Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More; Search Snippet: ...in the struggle against the British following the 1920 Sèvres treaty and describing how Turkish military leaders exploited resentment of the British among Kurdish tribes to launch a Kurdish revolt against the British as part... |
2020 |
|
| Author |
Asli Ü. Bâli |
| Title |
Artificial States and the Remapping of the Middle East |
| Citation |
53 Vanderbilt Journal of Transnational Law 405 (March, 2020) |
| Summary |
This Article critically examines arguments tracing contemporary crises in the Arab world to the making of the Arab state system a century ago. A series of popular and scholarly articles occasioned by the recent spate of World War I-related centenaries suggest that new boundaries be drawn in the Middle East to produce more stable nation-states. More; Search Snippet: ...in the struggle against the British following the 1920 Sèvres treaty and describing how Turkish military leaders exploited resentment of the British among Kurdish tribes to launch a Kurdish revolt against the British as part... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Charles A. Lyons |
Asian Carp, the Chicago Area Water System, and Aquatic Invasive Species Management in the Great Lakes |
26 Hastings Environmental Law Journal 223 (Summer, 2020) |
Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it; Search Snippet: ...taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law. [FN59] Thus, the Lacey Act operates under a... |
2020 |
|
| Author |
Charles A. Lyons |
| Title |
Asian Carp, the Chicago Area Water System, and Aquatic Invasive Species Management in the Great Lakes |
| Citation |
26 Hastings Environmental Law Journal 223 (Summer, 2020) |
| Summary |
Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it; Search Snippet: ...taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law. [FN59] Thus, the Lacey Act operates under a... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Margaret Joan Beazley |
Australia's Legal History and Colonial Legacy |
48 International Journal of Legal Information Info. 6 (Spring, 2020) |
I acknowledge the Gadigal of the Eora Nation, the traditional owners of the land on which we gather. I pay my respects to their Elders, past, present, and emerging and especially welcome Aboriginal people here with us today. On February 7, 1788, on a place called Camp Cove in Port Jackson--recognizable to our international visitors as the land mass; Search Snippet: ...e.g., conference presentations including: Thalia Anthony, Colonial Legal Histories and Indigenous Sovereignty ; Terri Janke, Protecting Indigenous Cultural Property. . Captain Watkin Tench, A Narrative of the... |
2020 |
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| Author |
Margaret Joan Beazley |
| Title |
Australia's Legal History and Colonial Legacy |
| Citation |
48 International Journal of Legal Information Info. 6 (Spring, 2020) |
| Summary |
I acknowledge the Gadigal of the Eora Nation, the traditional owners of the land on which we gather. I pay my respects to their Elders, past, present, and emerging and especially welcome Aboriginal people here with us today. On February 7, 1788, on a place called Camp Cove in Port Jackson--recognizable to our international visitors as the land mass; Search Snippet: ...e.g., conference presentations including: Thalia Anthony, Colonial Legal Histories and Indigenous Sovereignty ; Terri Janke, Protecting Indigenous Cultural Property. . Captain Watkin Tench, A Narrative of the... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Cynthia Willis-Esqueda, Ph.D. |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
67 UCLA Law Review 1204 (November, 2020) |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it; Search Snippet: ...for U.S. citizenship following the annexation of Texas and the Treaty of Guadalupe Hidalgo); David Montejano, Anglos and Mexicans in the... |
2020 |
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| Author |
Cynthia Willis-Esqueda, Ph.D. |
| Title |
Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias |
| Citation |
67 UCLA Law Review 1204 (November, 2020) |
| Summary |
Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it; Search Snippet: ...for U.S. citizenship following the annexation of Texas and the Treaty of Guadalupe Hidalgo); David Montejano, Anglos and Mexicans in the... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Lin Feng, Guy Charlton |
Balancing Biodiversity and Natural Resource Protection Objective with Ethnic Minority Autonomy: a Chinese Model |
43 Fordham International Law Journal 561 (February, 2020) |
I. INTRODUCTION. 562 II. ETHNIC MINORITY GROUPS, NATURAL RESOURCE CONSERVATION, AND THE PROTECTION OF BIODIVERSITY. 566 III. NATIONAL AND LOCAL LEGISLATION, POLICIES, AND PRACTICES ON BIODIVERSITY CONSERVATION. 571 A. National Legislation and Policy on Biodiversity Conservation. 573 B. Regional and Local Legislation, Policy and Practice on; Search Snippet: ...aspects. Firstly, the hunting and gathering practices of ethnic minority/ indigenous groups in other jurisdictions have been recognized as part of... |
2020 |
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| Author |
Lin Feng, Guy Charlton |
| Title |
Balancing Biodiversity and Natural Resource Protection Objective with Ethnic Minority Autonomy: a Chinese Model |
| Citation |
43 Fordham International Law Journal 561 (February, 2020) |
| Summary |
I. INTRODUCTION. 562 II. ETHNIC MINORITY GROUPS, NATURAL RESOURCE CONSERVATION, AND THE PROTECTION OF BIODIVERSITY. 566 III. NATIONAL AND LOCAL LEGISLATION, POLICIES, AND PRACTICES ON BIODIVERSITY CONSERVATION. 571 A. National Legislation and Policy on Biodiversity Conservation. 573 B. Regional and Local Legislation, Policy and Practice on; Search Snippet: ...aspects. Firstly, the hunting and gathering practices of ethnic minority/ indigenous groups in other jurisdictions have been recognized as part of... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Stephanie Ben-Ishai |
Bankruptcy for Cannabis Companies: Canada's Newest Export? |
27 University of Miami International and Comparative Law Review 229 (Spring, 2020) |
I. Introduction. 229 II. Business Risks in Entering the Legal Cannabis Market:. 231 a. Oversaturation. 231 b. Regulatory Requirements & License Suspensions. 233 c. Litigation Risk. 236 d. Licensing. 239 III. Capital Markets Acceptance. 240 IV. Insolvency Processes and Challenges. 243 a. Overview. 243 b. Provincial Legislation. 244 c. Cannabis on; Search Snippet: ...consultation with First Nations communities and the increasing recognition of Indigenous sovereignty, the Senate Committee on Aboriginal Peoples recommended that the bill's... |
2020 |
|
| Author |
Stephanie Ben-Ishai |
| Title |
Bankruptcy for Cannabis Companies: Canada's Newest Export? |
| Citation |
27 University of Miami International and Comparative Law Review 229 (Spring, 2020) |
| Summary |
I. Introduction. 229 II. Business Risks in Entering the Legal Cannabis Market:. 231 a. Oversaturation. 231 b. Regulatory Requirements & License Suspensions. 233 c. Litigation Risk. 236 d. Licensing. 239 III. Capital Markets Acceptance. 240 IV. Insolvency Processes and Challenges. 243 a. Overview. 243 b. Provincial Legislation. 244 c. Cannabis on; Search Snippet: ...consultation with First Nations communities and the increasing recognition of Indigenous sovereignty, the Senate Committee on Aboriginal Peoples recommended that the bill's... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Katie L. Gojevic |
Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act |
68 Buffalo Law Review 247 (January, 2020) |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...both those opposed to ICWA and those who argued against Native American sovereignty in general, began to file lawsuits arguing that ICWA as... |
2020 |
|
| Author |
Katie L. Gojevic |
| Title |
Benefit or Burden?: Brackeen V. Zinke and the Constitutionality of the Indian Child Welfare Act |
| Citation |
68 Buffalo Law Review 247 (January, 2020) |
| Summary |
Officials seemingly would rather place Indian children in non-Indian settings where their Indian culture, their Indian traditions and, in general, their entire Indian way of life is smothered . [Agencies] strike at the heart of Indian communities by literally stealing Indian children. This course can only weaken rather than strengthen the Indian; Search Snippet: ...both those opposed to ICWA and those who argued against Native American sovereignty in general, began to file lawsuits arguing that ICWA as... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Lorenzo Cotula |
Between Hope and Critique: Human Rights, Social Justice and Re-imagining International Law from the Bottom up |
48 Georgia Journal of International and Comparative Law 473 (Winter, 2020) |
C1-3Table of Contents I. Introduction. 475 II. Human Rights and Social Justice: Anatomy of the Critique--and of Its Limits. 478 A. On Social Justice. 478 B. The Critique in Outline. 479 C. Human Rights in 3D. 482 D. Social Movements and Human Rights: Reactive and Constitutive Strategies. 484 III. Human Rights in Reactive Mode: The Right to; Search Snippet: ...affirmation of the right to properly in regional human rights treaties that, from a pragmatic viewpoint, made this right a relevant normative reference for indigenous peoples' strategies to protect their claims to land and resources... |
2020 |
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| Author |
Lorenzo Cotula |
| Title |
Between Hope and Critique: Human Rights, Social Justice and Re-imagining International Law from the Bottom up |
| Citation |
48 Georgia Journal of International and Comparative Law 473 (Winter, 2020) |
| Summary |
C1-3Table of Contents I. Introduction. 475 II. Human Rights and Social Justice: Anatomy of the Critique--and of Its Limits. 478 A. On Social Justice. 478 B. The Critique in Outline. 479 C. Human Rights in 3D. 482 D. Social Movements and Human Rights: Reactive and Constitutive Strategies. 484 III. Human Rights in Reactive Mode: The Right to; Search Snippet: ...affirmation of the right to properly in regional human rights treaties that, from a pragmatic viewpoint, made this right a relevant normative reference for indigenous peoples' strategies to protect their claims to land and resources... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Monte Mills |
Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights |
50 Environmental Law 387 (Spring, 2020) |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... |
2020 |
Yes |
| Author |
Monte Mills |
| Title |
Beyond the Belloni Decision: Sohappy V. Smith and the Modern Era of Tribal Treaty Rights |
| Citation |
50 Environmental Law 387 (Spring, 2020) |
| Summary |
Indian tribes and their members are leading a revived political, legal, and social movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected; Search Snippet: ...movement to protect the nation's natural resources. In doing so, tribes and their allies employ many effective strategies but core to the movement are the historic promises made to tribes by the United States through treaties. Tribes are asserting treaty-protected rights, which the United States Constitution upholds as the... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Christopher R. Rossi |
Blood, Water, and the Indus Waters Treaty |
29 Minnesota Journal of International Law 103 (Summer, 2020) |
The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... |
2020 |
Yes |
| Author |
Christopher R. Rossi |
| Title |
Blood, Water, and the Indus Waters Treaty |
| Citation |
29 Minnesota Journal of International Law 103 (Summer, 2020) |
| Summary |
The contested and divided province of Jammu and Kashmir, situated on the western side of the Hindu Kush Himalayan Mountains, is one of the most dangerous and heavily militarized places on earth. It is a Muslim-majority borderland harboring contested territorial claims of three nuclear powers-- India, Pakistan, and China. Through it flow the; Search Snippet: ...the meaning of sovereignty in Azad Kashmir. [FN184] Likewise, the treaty's annexures C and D avoided the sovereignty question over Kashmir, yet recognized limited Indian agricultural uses of the Ranbir and Pratap canals in Indian-controlled Jammu and Kashmir, and other hydroelectric power construction projects... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Angela E. Washington |
Booming Impacts: Analyzing Bureau of Land Management Authority in Oil and Gas Leasing amid the Missing and Murdered Indigenous Women's Crisis |
72 Administrative Law Review 719 (Fall, 2020) |
L1-2Introduction . L3720 I. Charging Toward a Dim Future: The Energy Dominance Campaign Compromises Safety to Native Women. 723 A. Extractive Industries and the Marginalization of Native Women. 723 B. A Tale of Two Agendas. 728 1. The Trump Administration's Energy and Economic Instigation Priorities. 728 2. Political Will to Address the Missing and; Search Snippet: ...and the courts have grappled with the meaning of the tribes' relationships to the federal government as it relates to land ownership and sovereignty. [FN48] Despite conflicting interpretations, three principles reflect why this is... |
2020 |
|
| Author |
Angela E. Washington |
| Title |
Booming Impacts: Analyzing Bureau of Land Management Authority in Oil and Gas Leasing amid the Missing and Murdered Indigenous Women's Crisis |
| Citation |
72 Administrative Law Review 719 (Fall, 2020) |
| Summary |
L1-2Introduction . L3720 I. Charging Toward a Dim Future: The Energy Dominance Campaign Compromises Safety to Native Women. 723 A. Extractive Industries and the Marginalization of Native Women. 723 B. A Tale of Two Agendas. 728 1. The Trump Administration's Energy and Economic Instigation Priorities. 728 2. Political Will to Address the Missing and; Search Snippet: ...and the courts have grappled with the meaning of the tribes' relationships to the federal government as it relates to land ownership and sovereignty. [FN48] Despite conflicting interpretations, three principles reflect why this is... |
| Year |
2020 |
| Key Terms in Title or Summary |
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