| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Mary Kathlin Sickel |
Dispossessing Detroit: How the Law Takes Property |
53 University of Michigan Journal of Law Reform 727 (Summer, 2020) |
In 1817, the University of Michigan was founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to the University. That land was later sold to provide a significant part of the University of Michigan's permanent endowment. Today, government; Search Snippet: ...founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to... |
2020 |
|
| Author |
Mary Kathlin Sickel |
| Title |
Dispossessing Detroit: How the Law Takes Property |
| Citation |
53 University of Michigan Journal of Law Reform 727 (Summer, 2020) |
| Summary |
In 1817, the University of Michigan was founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to the University. That land was later sold to provide a significant part of the University of Michigan's permanent endowment. Today, government; Search Snippet: ...founded as the result of the Foot of the Rapids Treaty when three Native American tribes--Ojibwe (Chippewa), Odawa (Ottawa), and Bodewadimi (Potawatomi)--ceded land to... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Douglas Lind |
Doctrines of Discovery |
13 Washington University Jurisprudence Review Rev. 1 (2020) |
The idea that discovery of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal Indian law made discovery a matter of jurisprudential interest; Search Snippet: ...of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal... |
2020 |
|
| Author |
Douglas Lind |
| Title |
Doctrines of Discovery |
| Citation |
13 Washington University Jurisprudence Review Rev. 1 (2020) |
| Summary |
The idea that discovery of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal Indian law made discovery a matter of jurisprudential interest; Search Snippet: ...of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen's pioneering work in the 1940s on federal... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Hilary C. Tompkins |
Domestic Nations in the Age of "Tribalism" |
52 Arizona State Law Journal 580 (Summer, 2020) |
In today's world, we are bombarded daily with dueling, political narratives from the left and right of the political spectrum. In my view, the current culture clash is a product of young America's growing pains, where the painful, destructive origins of America's founding are catching up with the ethos of America, the land of the free. Some; Search Snippet: ...Supreme Court in Cherokee Nation v. Georgia had to qualify tribes as domestic dependent nations, but I was encouraged to learn that despite all the forces against Native Americans, we were still here, and even better, we had sovereignty! [FN13] My newfound knowledge also confirmed that my gut instincts... |
2020 |
|
| Author |
Hilary C. Tompkins |
| Title |
Domestic Nations in the Age of "Tribalism" |
| Citation |
52 Arizona State Law Journal 580 (Summer, 2020) |
| Summary |
In today's world, we are bombarded daily with dueling, political narratives from the left and right of the political spectrum. In my view, the current culture clash is a product of young America's growing pains, where the painful, destructive origins of America's founding are catching up with the ethos of America, the land of the free. Some; Search Snippet: ...Supreme Court in Cherokee Nation v. Georgia had to qualify tribes as domestic dependent nations, but I was encouraged to learn that despite all the forces against Native Americans, we were still here, and even better, we had sovereignty! [FN13] My newfound knowledge also confirmed that my gut instincts... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Double Jeopardy |
49 Georgetown Law Journal Annual Review of Criminal Procedure 545 (2020) |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the; Search Snippet: ...estop the government from presenting the evidence. [FN1486] The dual sovereignty doctrine allows the federal government and a state government, [FN1487... |
2020 |
|
| Author |
|
| Title |
Double Jeopardy |
| Citation |
49 Georgetown Law Journal Annual Review of Criminal Procedure 545 (2020) |
| Summary |
The Double Jeopardy Clause of the Fifth Amendment states no person shall be subject for the same offense to be twice put in jeopardy of life or limb. The Clause protects against (1) a second prosecution for the same offense after an acquittal; (2) a second prosecution for the same offense after a conviction; and (3) multiple punishments for the; Search Snippet: ...estop the government from presenting the evidence. [FN1486] The dual sovereignty doctrine allows the federal government and a state government, [FN1487... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Stephen E. Henderson, Dean A. Strang |
Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility |
18 Ohio State Journal of Criminal Law 365 (Fall, 2020) |
The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... |
2020 |
Yes |
| Author |
Stephen E. Henderson, Dean A. Strang |
| Title |
Double Jeopardy's Dual Sovereignty: a Tragic (And Implausible) Lack of Humility |
| Citation |
18 Ohio State Journal of Criminal Law 365 (Fall, 2020) |
| Summary |
The core proposition of the Fifth Amendment's Double Jeopardy Clause is as intuitive as it is straightforward. After all, if a state could prosecute someone despite her previous conviction or acquittal, then the scope of punishment would be unlimited and its threat unending--the sort of proposition only a tyrant could love. Yet, in Gamble v. United; Search Snippet: ...Illinois, 55 U.S. 13, 18-20 (1852) (articulating the dual sovereignty principle); Bartkus v. Illinois, 359 U.S. 121, 138-39 (1959... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Grant Horton |
Downsizing National Monuments: the Current Debate and Lessons from History |
38 UCLA Journal of Environmental Law & Policy 79 (2020) |
C1-2Table of Contents Introduction. 79 I. Challenges to National Monument Designations and the Current Legal Debate. 84 A. National Monument Designations: A History of Presidential Discretion. 84 B. National Monument Reductions: The Current Debate. 88 II. Expanding Judicial Review: Courts Should Look to how Congress and the President Have Been; Search Snippet: ...an attempt by President Zachary Taylor to remove groups of Native Americans from certain public lands in the Midwest and to... |
2020 |
|
| Author |
Grant Horton |
| Title |
Downsizing National Monuments: the Current Debate and Lessons from History |
| Citation |
38 UCLA Journal of Environmental Law & Policy 79 (2020) |
| Summary |
C1-2Table of Contents Introduction. 79 I. Challenges to National Monument Designations and the Current Legal Debate. 84 A. National Monument Designations: A History of Presidential Discretion. 84 B. National Monument Reductions: The Current Debate. 88 II. Expanding Judicial Review: Courts Should Look to how Congress and the President Have Been; Search Snippet: ...an attempt by President Zachary Taylor to remove groups of Native Americans from certain public lands in the Midwest and to... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Alexander Tolic |
Drawing a Line in the Sand: Assessing the Trump Administration's Interpretation of Both Congressional Trade Legislation and Judicial Trade Precedent |
53 Suffolk University Law Review 221 (2020) |
The President is limited to action . to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security. Moreover, the leeway that the statute gives the President in deciding what action to take in the event the preconditions are fulfilled is far from unbounded. . Plaintiffs . argue; Search Snippet: ...art. I, § 8, cl. 3. See Laurence H. Tribe, Taking Text and Structure Seriously: Reflections on Free-Form Method... |
2020 |
|
| Author |
Alexander Tolic |
| Title |
Drawing a Line in the Sand: Assessing the Trump Administration's Interpretation of Both Congressional Trade Legislation and Judicial Trade Precedent |
| Citation |
53 Suffolk University Law Review 221 (2020) |
| Summary |
The President is limited to action . to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security. Moreover, the leeway that the statute gives the President in deciding what action to take in the event the preconditions are fulfilled is far from unbounded. . Plaintiffs . argue; Search Snippet: ...art. I, § 8, cl. 3. See Laurence H. Tribe, Taking Text and Structure Seriously: Reflections on Free-Form Method... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Warigia M. Bowman |
Dust in the Wind: Regulation as an Essential Component of a Sustainable and Robust Wind Program |
69 University of Kansas Law Review 45 (November, 2020) |
We have got a big appetite for wind .. Warren Buffett, May 2017 They want to destroy our countrysides, put windmills all over them. Watch your house go down in value. You ever see what happens? They build a windmill within distance of your house. You can forget about your house. President Donald J. Trump, February 2020 The promise of; Search Snippet: ...539, §§ 2-3. . Micah T. Zomer, Comment, Returning Sovereignty to the Osage Nation: A Legislative Remedy Allowing the Osage... |
2020 |
|
| Author |
Warigia M. Bowman |
| Title |
Dust in the Wind: Regulation as an Essential Component of a Sustainable and Robust Wind Program |
| Citation |
69 University of Kansas Law Review 45 (November, 2020) |
| Summary |
We have got a big appetite for wind .. Warren Buffett, May 2017 They want to destroy our countrysides, put windmills all over them. Watch your house go down in value. You ever see what happens? They build a windmill within distance of your house. You can forget about your house. President Donald J. Trump, February 2020 The promise of; Search Snippet: ...539, §§ 2-3. . Micah T. Zomer, Comment, Returning Sovereignty to the Osage Nation: A Legislative Remedy Allowing the Osage... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kirk Talbott , Sera Song , Janis Alcorn |
Edith Brown Weiss as a Pathfinder: Strengthening Property Rights and Community-based Resource Governance for Indigenous Peoples Worldwide |
32 Georgetown Environmental Law Review 533 (Spring, 2020) |
This paper explores the role of Edith Brown Weiss's scholarship in international environmental law with regard to property rights and resource governance, particularly for Indigenous Peoples. Edith Brown Weiss has helped pioneer creative strategies for governing our increasingly crowded, interconnected landscapes to avoid impending local and global; Search Snippet: ...Chris Swartz, After 30 Years, Only 23 Countries Have Ratified Indigenous and Tribal Peoples Convention ILO 169 Cultural Survival (Jun. 5... |
2020 |
|
| Author |
Kirk Talbott , Sera Song , Janis Alcorn |
| Title |
Edith Brown Weiss as a Pathfinder: Strengthening Property Rights and Community-based Resource Governance for Indigenous Peoples Worldwide |
| Citation |
32 Georgetown Environmental Law Review 533 (Spring, 2020) |
| Summary |
This paper explores the role of Edith Brown Weiss's scholarship in international environmental law with regard to property rights and resource governance, particularly for Indigenous Peoples. Edith Brown Weiss has helped pioneer creative strategies for governing our increasingly crowded, interconnected landscapes to avoid impending local and global; Search Snippet: ...Chris Swartz, After 30 Years, Only 23 Countries Have Ratified Indigenous and Tribal Peoples Convention ILO 169 Cultural Survival (Jun. 5... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Nicholas Shrubsole, Lecturer in Humanities, Religion and Cultural Studies, Department of Philosophy, University of Central Florida |
Ekklesia: Three Inquiries in Church and State. By Paul Christopher Johnson, Pamela E. Klassen, and Winnifred Fallers Sullivan. Chicago: University of Chicago Press, 2018. Pp. 262. $27.50 (Paper). Isbn: 9780226545585 |
35 Journal of Law and Religion 345 (August, 2020) |
The word ekklesia, at different times, has referred to both the polis of the Greek city state and the early Christian church. As a construct denoting an exclusive assembly of peoples convened under a transcendent sovereignty, reified by ritual, and legitimated through law, Ekklesia is a fitting title for this book on the important relationship; Search Snippet: ...distance of the metropole, the preexistence of sovereign nations of Indigenous Peoples, declarations of sovereignty from runaway slaves, and the presence of dissident religious communities... |
2020 |
|
| Author |
Nicholas Shrubsole, Lecturer in Humanities, Religion and Cultural Studies, Department of Philosophy, University of Central Florida |
| Title |
Ekklesia: Three Inquiries in Church and State. By Paul Christopher Johnson, Pamela E. Klassen, and Winnifred Fallers Sullivan. Chicago: University of Chicago Press, 2018. Pp. 262. $27.50 (Paper). Isbn: 9780226545585 |
| Citation |
35 Journal of Law and Religion 345 (August, 2020) |
| Summary |
The word ekklesia, at different times, has referred to both the polis of the Greek city state and the early Christian church. As a construct denoting an exclusive assembly of peoples convened under a transcendent sovereignty, reified by ritual, and legitimated through law, Ekklesia is a fitting title for this book on the important relationship; Search Snippet: ...distance of the metropole, the preexistence of sovereign nations of Indigenous Peoples, declarations of sovereignty from runaway slaves, and the presence of dissident religious communities... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michael S. Lewis |
Evil History: Protecting Our Constitution Through an Anti-originalism Canon of Constitutional Interpretation |
18 University of New Hampshire Law Review 261 (March, 2020) |
This review assesses three recent books on the subject of originalism. Each approaches the question of originalism from a different angle. None of the books confronts the raw challenge to the authority of the framers leveled by Justice Thurgood Marshall in his speech upon the bicentennial of the United States Constitution. Marshall argued; Search Snippet: ...Justice John Marshall deployed canons of construction to buttress the sovereignty of Native American tribes against the full-brunt of might makes right colonial force... |
2020 |
|
| Author |
Michael S. Lewis |
| Title |
Evil History: Protecting Our Constitution Through an Anti-originalism Canon of Constitutional Interpretation |
| Citation |
18 University of New Hampshire Law Review 261 (March, 2020) |
| Summary |
This review assesses three recent books on the subject of originalism. Each approaches the question of originalism from a different angle. None of the books confronts the raw challenge to the authority of the framers leveled by Justice Thurgood Marshall in his speech upon the bicentennial of the United States Constitution. Marshall argued; Search Snippet: ...Justice John Marshall deployed canons of construction to buttress the sovereignty of Native American tribes against the full-brunt of might makes right colonial force... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Fatma E. Marouf |
Extraterritorial Rights in Border Enforcement |
77 Washington and Lee Law Review 751 (Spring, 2020) |
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United; Search Snippet: ...territory and constitutional scope. ); Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
|
| Author |
Fatma E. Marouf |
| Title |
Extraterritorial Rights in Border Enforcement |
| Citation |
77 Washington and Lee Law Review 751 (Spring, 2020) |
| Summary |
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United; Search Snippet: ...territory and constitutional scope. ); 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 |
|
|
| Kristianna Anderson |
Fatal Attraction: Preserving Polar Bear Populations Through Tourist Regulation in Norway's Arctic |
52 George Washington International Law Review 99 (2020) |
For humans, the Arctic is a harshly inhospitable place, but the conditions there are precisely what polar bears require to survive--and thrive. Harsh to us is home for them. Originally signed to curb the threat of over-hunting posed to polar bears, the Agreement on the Conservation of Polar Bears has taken on a different meaning as modern; Search Snippet: ...note 19 , art. I-III. All States Parties to the treaty except for Norway have made exceptions in their domestic law for the rights of indigenous people to hunt polar bears, though typically with a stringent... |
2020 |
|
| Author |
Kristianna Anderson |
| Title |
Fatal Attraction: Preserving Polar Bear Populations Through Tourist Regulation in Norway's Arctic |
| Citation |
52 George Washington International Law Review 99 (2020) |
| Summary |
For humans, the Arctic is a harshly inhospitable place, but the conditions there are precisely what polar bears require to survive--and thrive. Harsh to us is home for them. Originally signed to curb the threat of over-hunting posed to polar bears, the Agreement on the Conservation of Polar Bears has taken on a different meaning as modern; Search Snippet: ...note 19 , art. I-III. All States Parties to the treaty except for Norway have made exceptions in their domestic law for the rights of indigenous people to hunt polar bears, though typically with a stringent... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Chantal Carriere |
Federal Approval of Oil Pipelines and Indigenous Consultation in the United States after Standing Rock and Keystone Xl: Lessons from Canada on the Limits of Industry-indigenous Consultation |
42 Houston Journal of International Law 321 (Spring, 2020) |
Introduction. 322 I. Government to Government Consultation and Industry-Indigenous Consultation. 327 II. Government-to-Government Consultation in the United States: Federal Indian Law and the Trust Doctrine. 336 A. The Trust Doctrine. 342 B. Government-to-Government Consultation. 347 1. Executive Policy. 348 2. Congressional Consultations Laws and; Search Snippet: ...The tensions that characterize current legal and political relations between tribes and other levels of government in the United States have their origins in the treaty-making era and the laws that flowed forthwith. All sources... |
2020 |
|
| Author |
Chantal Carriere |
| Title |
Federal Approval of Oil Pipelines and Indigenous Consultation in the United States after Standing Rock and Keystone Xl: Lessons from Canada on the Limits of Industry-indigenous Consultation |
| Citation |
42 Houston Journal of International Law 321 (Spring, 2020) |
| Summary |
Introduction. 322 I. Government to Government Consultation and Industry-Indigenous Consultation. 327 II. Government-to-Government Consultation in the United States: Federal Indian Law and the Trust Doctrine. 336 A. The Trust Doctrine. 342 B. Government-to-Government Consultation. 347 1. Executive Policy. 348 2. Congressional Consultations Laws and; Search Snippet: ...The tensions that characterize current legal and political relations between tribes and other levels of government in the United States have their origins in the treaty-making era and the laws that flowed forthwith. All sources... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Federal Indian and Tribal Law |
43-APR Wyoming Lawyer 38 (April, 2020) |
If you intend to take a case in Tribal Court, ensure that you are a member of the Wind River (or other) Tribal bar, or file an application for pro hac vice before attempting to practice in the court. As a licensed attorney, becoming barred in the Wind River Tribal Court typically requires completing an application, found at; Search Snippet: ...and white laws on indigenous people through colonization. Alternatively, Tribal Sovereignty is the idea of inherent authority of indigenous tribes to govern themselves through their own laws and through the... |
2020 |
|
| Author |
|
| Title |
Federal Indian and Tribal Law |
| Citation |
43-APR Wyoming Lawyer 38 (April, 2020) |
| Summary |
If you intend to take a case in Tribal Court, ensure that you are a member of the Wind River (or other) Tribal bar, or file an application for pro hac vice before attempting to practice in the court. As a licensed attorney, becoming barred in the Wind River Tribal Court typically requires completing an application, found at; Search Snippet: ...and white laws on indigenous people through colonization. Alternatively, Tribal Sovereignty is the idea of inherent authority of indigenous tribes to govern themselves through their own laws and through the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Bridget A. Fahey |
Federalism by Contract |
129 Yale Law Journal 2326 (June, 2020) |
Just as private parties use contracts to facilitate joint projects and nation-states use treaties to organize joint undertakings, domestic governments use a breathtaking array of written instruments to coauthor legal rules and coordinate public programs. But we lack a vocabulary--literal and conceptual-- to describe these agreements. Our meager; Search Snippet: ...although the federal government has a long history of breaching treaties with Native governments, Maggie Blackhawk has suggested that the contemporary practice of... |
2020 |
|
| Author |
Bridget A. Fahey |
| Title |
Federalism by Contract |
| Citation |
129 Yale Law Journal 2326 (June, 2020) |
| Summary |
Just as private parties use contracts to facilitate joint projects and nation-states use treaties to organize joint undertakings, domestic governments use a breathtaking array of written instruments to coauthor legal rules and coordinate public programs. But we lack a vocabulary--literal and conceptual-- to describe these agreements. Our meager; Search Snippet: ...although the federal government has a long history of breaching treaties with Native governments, Maggie Blackhawk has suggested that the contemporary practice of... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Paul T. Babie , Paul Leadbeter , Kyriaco Nikias |
Federalism Fails Water: a Tale of Two Nations, Two States, and Two Rivers |
35 Journal of Environmental Law & Litigation Litig. 1 (2020) |
Introduction. 3 I. Constitutional Settlements: Allocating Power over Water. 11 A. Federalism. 11 B. Water. 15 1. United States. 15 a. Federal Powers. 16 b. State Powers. 19 2. Australia. 20 a. Commonwealth Powers. 21 b. State Powers. 25 II. Cooperative or Flexible Federalism?. 26 A. United States-California: The Law of the River and the Colorado; Search Snippet: ...and potential significance, particularly as to international streams. Also, by treaties with western tribes of Indians, the United States has reserved rights to use of waters... |
2020 |
|
| Author |
Paul T. Babie , Paul Leadbeter , Kyriaco Nikias |
| Title |
Federalism Fails Water: a Tale of Two Nations, Two States, and Two Rivers |
| Citation |
35 Journal of Environmental Law & Litigation Litig. 1 (2020) |
| Summary |
Introduction. 3 I. Constitutional Settlements: Allocating Power over Water. 11 A. Federalism. 11 B. Water. 15 1. United States. 15 a. Federal Powers. 16 b. State Powers. 19 2. Australia. 20 a. Commonwealth Powers. 21 b. State Powers. 25 II. Cooperative or Flexible Federalism?. 26 A. United States-California: The Law of the River and the Colorado; Search Snippet: ...and potential significance, particularly as to international streams. Also, by treaties with western tribes of Indians, the United States has reserved rights to use of waters... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ann C. McGinley , Nicole Buonocore Porter , Danielle Weatherby , Ryan H. Nelson , Pamela Wilkins , Catherine Jean Archibald |
Feminist Perspectives on Bostock V. Clayton County |
53 Connecticut Law Review Online Online 1 (December, 2020) |
This jointly-authored essay is a conversation about the Supreme Court's recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing; Search Snippet: ...2020) (holding, inter alia , that land recognized through an 1833 Treaty as belonging to the Creek Nation remained a Creek reservation, and that the State of Oklahoma could not try Native Americans under state law for crimes committed on that land... |
2020 |
|
| Author |
Ann C. McGinley , Nicole Buonocore Porter , Danielle Weatherby , Ryan H. Nelson , Pamela Wilkins , Catherine Jean Archibald |
| Title |
Feminist Perspectives on Bostock V. Clayton County |
| Citation |
53 Connecticut Law Review Online Online 1 (December, 2020) |
| Summary |
This jointly-authored essay is a conversation about the Supreme Court's recent and groundbreaking decision (Bostock v. Clayton County) that held that discrimination based on sexual orientation or gender identity is discrimination based on sex, and therefore prohibited by Title VII of the Civil Rights Act of 1964. While many scholars are writing; Search Snippet: ...2020) (holding, inter alia , that land recognized through an 1833 Treaty as belonging to the Creek Nation remained a Creek reservation, and that the State of Oklahoma could not try Native Americans under state law for crimes committed on that land... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Fifty-first Selected Bibliography on Computers, Technology and the Law (January 2019 Through December 2019) |
46 Rutgers Computer and Technology Law Journal 71 (2020) |
Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed to be a research guide to assist our readers in searching for recent articles on computer and technology law. This year's annual Bibliography contains nearly 1000; Search Snippet: ...2019) Rebecca Tsosie, Tribal Data Governance and Informational Privacy: Constructing Indigenous Data Sovereignty , 80 Mont. L. Rev. 229 (2019) Selen Uncular, The Right... |
2020 |
|
| Author |
|
| Title |
Fifty-first Selected Bibliography on Computers, Technology and the Law (January 2019 Through December 2019) |
| Citation |
46 Rutgers Computer and Technology Law Journal 71 (2020) |
| Summary |
Each year, the Journal provides a compilation of the most important and timely articles on computers, technology, and the law. The Bibliography, indexed by subject matter, is designed to be a research guide to assist our readers in searching for recent articles on computer and technology law. This year's annual Bibliography contains nearly 1000; Search Snippet: ...2019) Rebecca Tsosie, Tribal Data Governance and Informational Privacy: Constructing Indigenous Data Sovereignty , 80 Mont. L. Rev. 229 (2019) Selen Uncular, The Right... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ashleigh Dougill |
Fishing for Solutions: Pacific Northwest Atlantic Salmon Fish Farming in the Wake of the Cooke Aquaculture Net-pen Collapse |
21 Oregon Review of International Law 259 (2020) |
Introduction. 260 I. Background and Historical Context. 261 II. Atlantic Salmon Fish Farming Impact. 263 A. Economic Dependence. 264 B. Ecological and Environmental Impact. 265 C. Impact on First Nations. 267 III. The Laws of Net-Pen Aquaculture. 267 A. Defining Aquaculture. 268 B. Roles of Governing Bodies. 269 1. Washington. 269 2. British; Search Snippet: ...Pacific salmon population growth. In contrast, B.C. First Nations protect native fish species and restrict Atlantic salmon aquaculture through treaty and aboriginal rights. So, while B.C.'s laws surrounding aquaculture will... |
2020 |
|
| Author |
Ashleigh Dougill |
| Title |
Fishing for Solutions: Pacific Northwest Atlantic Salmon Fish Farming in the Wake of the Cooke Aquaculture Net-pen Collapse |
| Citation |
21 Oregon Review of International Law 259 (2020) |
| Summary |
Introduction. 260 I. Background and Historical Context. 261 II. Atlantic Salmon Fish Farming Impact. 263 A. Economic Dependence. 264 B. Ecological and Environmental Impact. 265 C. Impact on First Nations. 267 III. The Laws of Net-Pen Aquaculture. 267 A. Defining Aquaculture. 268 B. Roles of Governing Bodies. 269 1. Washington. 269 2. British; Search Snippet: ...Pacific salmon population growth. In contrast, B.C. First Nations protect native fish species and restrict Atlantic salmon aquaculture through treaty and aboriginal rights. So, while B.C.'s laws surrounding aquaculture will... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Emily Lamm |
Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race |
26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) |
Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B; Search Snippet: ...as one of its acquisitions. [FN51] Article IX of the Treaty declared that [t]he civil rights and political status of the native inhabitants of the territories hereby ceded to the United States... |
2020 |
|
| Author |
Emily Lamm |
| Title |
Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race |
| Citation |
26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) |
| Summary |
Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B; Search Snippet: ...as one of its acquisitions. [FN51] Article IX of the Treaty declared that [t]he civil rights and political status of the native inhabitants of the territories hereby ceded to the United States... |
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2020 |
| Key Terms in Title or Summary |
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| Steven F. Casey |
Foreword |
50 Cumberland Law Review Rev. 1 (2019-2020) |
Welcome to the 50th Issue of the Cumberland Law Review! It hardly seems possible that this notable legal periodical has been in print that long, just as it seems impossible that my Cumberland Law School class recently celebrated its 40th reunion. Time marches on. Cumberland Law Review membership was a major highlight of my law school experience. It; Search Snippet: ...Alabama. The Issue looks into the emerging issues of ethics, Native American sovereignty, evidentiary issues of medical costs, criminal code for juveniles, and... |
2020 |
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| Author |
Steven F. Casey |
| Title |
Foreword |
| Citation |
50 Cumberland Law Review Rev. 1 (2019-2020) |
| Summary |
Welcome to the 50th Issue of the Cumberland Law Review! It hardly seems possible that this notable legal periodical has been in print that long, just as it seems impossible that my Cumberland Law School class recently celebrated its 40th reunion. Time marches on. Cumberland Law Review membership was a major highlight of my law school experience. It; Search Snippet: ...Alabama. The Issue looks into the emerging issues of ethics, Native American sovereignty, evidentiary issues of medical costs, criminal code for juveniles, and... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Nathan S. Chapman |
Forgotten Federal-missionary Partnerships: New Light on the Establishment Clause |
96 Notre Dame Law Review 677 (December, 2020) |
Americans have long debated whether the Establishment Clause permits the government to support education that includes religious instruction. Current doctrine permits states to do so by providing vouchers for private schools on a religiously neutral basis. Unlike most Establishment Clause doctrines, however, the Supreme Court did not build this one; Search Snippet: ...formal matter, the schools were voluntary, [FN29] just as the tribes were, as a matter of law and theory, independent (yet... |
2020 |
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| Author |
Nathan S. Chapman |
| Title |
Forgotten Federal-missionary Partnerships: New Light on the Establishment Clause |
| Citation |
96 Notre Dame Law Review 677 (December, 2020) |
| Summary |
Americans have long debated whether the Establishment Clause permits the government to support education that includes religious instruction. Current doctrine permits states to do so by providing vouchers for private schools on a religiously neutral basis. Unlike most Establishment Clause doctrines, however, the Supreme Court did not build this one; Search Snippet: ...formal matter, the schools were voluntary, [FN29] just as the tribes were, as a matter of law and theory, independent (yet... |
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2020 |
| Key Terms in Title or Summary |
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| Stephan Sonnenberg |
Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan |
63 Washington University Journal of Law & Policy 143 (2020) |
Bhutan is a small landlocked country with less than a million inhabitants, wedged between the two most populous nations on earth, India and China. It is known for its stunning Himalayan mountain ranges and its national development philosophy of pursuing Gross National Happiness (GNH). This paper argues, however, that Bhutan should also be known; Search Snippet: ...their colonial presence in India in 1949, the newly formed Indian state inherited the rights and obligations of the former British counterparties to the Treaty of Punakha. De facto, this state of affairs began to... |
2020 |
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| Author |
Stephan Sonnenberg |
| Title |
Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan |
| Citation |
63 Washington University Journal of Law & Policy 143 (2020) |
| Summary |
Bhutan is a small landlocked country with less than a million inhabitants, wedged between the two most populous nations on earth, India and China. It is known for its stunning Himalayan mountain ranges and its national development philosophy of pursuing Gross National Happiness (GNH). This paper argues, however, that Bhutan should also be known; Search Snippet: ...their colonial presence in India in 1949, the newly formed Indian state inherited the rights and obligations of the former British counterparties to the Treaty of Punakha. De facto, this state of affairs began to... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| David A. Dana , Hannah J. Wiseman |
Fracking as a Test of the Demsetz Property Rights Thesis |
71 Hastings Law Journal 845 (May, 2020) |
Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction; Search Snippet: ...States by the mining industry and largely in connection with indigenous or aboriginal communities with legal claims to resources under treaty or other law. In the context of agreements with First... |
2020 |
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| Author |
David A. Dana , Hannah J. Wiseman |
| Title |
Fracking as a Test of the Demsetz Property Rights Thesis |
| Citation |
71 Hastings Law Journal 845 (May, 2020) |
| Summary |
Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared resource becomes more valuable and sought-after, users will move to more clearly define property rights in the resource. Despite the high transaction; Search Snippet: ...States by the mining industry and largely in connection with indigenous or aboriginal communities with legal claims to resources under treaty or other law. In the context of agreements with First... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Suzianne D. Painter-Thorne |
Fraying the Knot: Marital Property, Probate, and Practical Problems with Tribal Marriage Bans |
85 Brooklyn Law Review 471 (Winter, 2020) |
In the summer of 2015, marriage equality advocates celebrated the Supreme Court's decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage. The Court found that [t]he right of same-sex couples to marry . is part of the liberty promised by the Fourteenth Amendment. Two years earlier, the Court had struck down; Search Snippet: ...in intestacy proceedings. Part IV proposes that, consistent with tribal sovereignty, tribes should grant full faith and credit or comity to same-sex marriages performed outside the tribe's jurisdiction. While a tribe may opt not to solemnize a... |
2020 |
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| Author |
Suzianne D. Painter-Thorne |
| Title |
Fraying the Knot: Marital Property, Probate, and Practical Problems with Tribal Marriage Bans |
| Citation |
85 Brooklyn Law Review 471 (Winter, 2020) |
| Summary |
In the summer of 2015, marriage equality advocates celebrated the Supreme Court's decision in Obergefell v. Hodges, which struck down state prohibitions on same-sex marriage. The Court found that [t]he right of same-sex couples to marry . is part of the liberty promised by the Fourteenth Amendment. Two years earlier, the Court had struck down; Search Snippet: ...in intestacy proceedings. Part IV proposes that, consistent with tribal sovereignty, tribes should grant full faith and credit or comity to same-sex marriages performed outside the tribe's jurisdiction. While a tribe may opt not to solemnize a... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Colin Wittman Bradley |
From Jerusalem to Window Rock |
56-AUG Arizona Attorney 54 (July/August, 2020) |
In 1983, the Window Rock District Court compared Navajos to Jews by stating, The most valuable tangible asset of the Navajo Nation is its land, without which the Navajo Nation would [not] exist and without which the Navajo People would be caused to disperse like the Jewish People following the fall of Jerusalem. Though both the Navajo and Jewish; Search Snippet: ...and increasing enrollment. Moreover, when the United States forcibly removed tribes from their ancestral lands, Treaties establishing reservations frequently promised that the United States government would... |
2020 |
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| Author |
Colin Wittman Bradley |
| Title |
From Jerusalem to Window Rock |
| Citation |
56-AUG Arizona Attorney 54 (July/August, 2020) |
| Summary |
In 1983, the Window Rock District Court compared Navajos to Jews by stating, The most valuable tangible asset of the Navajo Nation is its land, without which the Navajo Nation would [not] exist and without which the Navajo People would be caused to disperse like the Jewish People following the fall of Jerusalem. Though both the Navajo and Jewish; Search Snippet: ...and increasing enrollment. Moreover, when the United States forcibly removed tribes from their ancestral lands, Treaties establishing reservations frequently promised that the United States government would... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Lindsay R. Johnson , Mary-Kathryn Hawes |
From the Trail of Tears to Tam: How United States Trademark Law Fails Native Americans |
21 Wake Forest Journal of Business and Intellectual Property Law 29 (Fall, 2020) |
32 I. Introduction. 32 II. The Psychology of Trademarks. 34 A. Overview. 34 B. The Psychological Difference Between Design and Word Marks. 35 C. The Psycho-Socio-Economic Effects of Misappropriation of Racial Representations in Design Marks. 37 III. The Indian Arts and Crafts Act. 38 A. Background and Legislative History of the Indian and; Search Snippet: ...Id. at 1021 Field Hearing Before the Committee on Indian Affairs: Cultural Sovereignty Series: Modernizing the Indian Arts and Crafts Act to Honor Native Identity and Expression: Hearing Before the S. Comm. on Indian Affairs , 115th Cong. 115-75 (2017) (statement of Dallin Maybee, Chief Operating Officer, Southwestern Association for Indian Arts). Id. Cent. Hudson Gas & Elec. Corp. v... |
2020 |
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| Author |
Lindsay R. Johnson , Mary-Kathryn Hawes |
| Title |
From the Trail of Tears to Tam: How United States Trademark Law Fails Native Americans |
| Citation |
21 Wake Forest Journal of Business and Intellectual Property Law 29 (Fall, 2020) |
| Summary |
32 I. Introduction. 32 II. The Psychology of Trademarks. 34 A. Overview. 34 B. The Psychological Difference Between Design and Word Marks. 35 C. The Psycho-Socio-Economic Effects of Misappropriation of Racial Representations in Design Marks. 37 III. The Indian Arts and Crafts Act. 38 A. Background and Legislative History of the Indian and; Search Snippet: ...Id. at 1021 Field Hearing Before the Committee on Indian Affairs: Cultural Sovereignty Series: Modernizing the Indian Arts and Crafts Act to Honor Native Identity and Expression: Hearing Before the S. Comm. on Indian Affairs , 115th Cong. 115-75 (2017) (statement of Dallin Maybee, Chief Operating Officer, Southwestern Association for Indian Arts). Id. Cent. Hudson Gas & Elec. Corp. v... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Julie Goldscheid |
Gender Violence Against Afro-colombian Women: Making the Promise of International Human Rights Law Real |
4 Columbia Human Rights Law Review Online 249 (May 27, 2020) |
In the wake of the historic inclusion of racial and gender justice provisions in the 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC), gender violence in Colombia continues with devastating effect, and with a particularly harmful impact on Afro-descendant and Indigenous women and their communities. Colombia continues to; Search Snippet: ...groups of women, in particular Colombian women of African descent, indigenous, rural lesbian, bisexual, and transgender women and women with disabilities... |
2020 |
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| Author |
Julie Goldscheid |
| Title |
Gender Violence Against Afro-colombian Women: Making the Promise of International Human Rights Law Real |
| Citation |
4 Columbia Human Rights Law Review Online 249 (May 27, 2020) |
| Summary |
In the wake of the historic inclusion of racial and gender justice provisions in the 2016 peace accord with the Revolutionary Armed Forces of Colombia (FARC), gender violence in Colombia continues with devastating effect, and with a particularly harmful impact on Afro-descendant and Indigenous women and their communities. Colombia continues to; Search Snippet: ...groups of women, in particular Colombian women of African descent, indigenous, rural lesbian, bisexual, and transgender women and women with disabilities... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Susan H. Bragdon |
Global Legal Constraints: How the International System Fails Small-scale Farmers and Agricultural Biodiversity, Harming Human and Planetary Health, and What to Do about it |
36 American University International Law Review Rev. 1 (2020) |
I. INTRODUCTION. 2 II. THE EFFECT OF MARKET SUPREMACY AND THE DENIGRATION OF THE STATE. 8 III. THE INTERNATIONAL LEGAL SYSTEM. 15 A. The Biodiversity Treaties. 15 B. Trade and IPR. 24 C. Human Rights Instruments. 40 D. Agenda 2030 and the Sustainable Development Goals. 44 IV. THE WAY FORWARD. 48; Search Snippet: ...SSF and the erosion of biological diversity. [FN18] For instance, treaties with the objective of the conservation and sustainable use of... |
2020 |
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| Author |
Susan H. Bragdon |
| Title |
Global Legal Constraints: How the International System Fails Small-scale Farmers and Agricultural Biodiversity, Harming Human and Planetary Health, and What to Do about it |
| Citation |
36 American University International Law Review Rev. 1 (2020) |
| Summary |
I. INTRODUCTION. 2 II. THE EFFECT OF MARKET SUPREMACY AND THE DENIGRATION OF THE STATE. 8 III. THE INTERNATIONAL LEGAL SYSTEM. 15 A. The Biodiversity Treaties. 15 B. Trade and IPR. 24 C. Human Rights Instruments. 40 D. Agenda 2030 and the Sustainable Development Goals. 44 IV. THE WAY FORWARD. 48; Search Snippet: ...SSF and the erosion of biological diversity. [FN18] For instance, treaties with the objective of the conservation and sustainable use of... |
| Year |
2020 |
| Key Terms in Title or Summary |
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