| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Ariela Rutbeck-Goldman, Citlalli Ochoa, Jamila Benkato |
Revolutionary Dreamers: a Public Interest Call to Action at Uc Irvine School of Law's Decennial |
10 UC Irvine Law Review 319 (January, 2020) |
As the University of California, Irvine School of Law (UCI Law or the Law School) reaches its tenth anniversary, the three of us, all 2016 UCI Law graduates, decided to commemorate the occasion by memorializing, in a critical epistolary, reflections on what the Law School has achieved and how it has developed since its founding. We are most; Search Snippet: ...un-special-rapporteur. See Int'l Indian Treaty Council, Indigenous People's Coordinated Submission U.N. Human Rights Comm. (Jan. 19, 2019... |
2020 |
|
| Author |
Ariela Rutbeck-Goldman, Citlalli Ochoa, Jamila Benkato |
| Title |
Revolutionary Dreamers: a Public Interest Call to Action at Uc Irvine School of Law's Decennial |
| Citation |
10 UC Irvine Law Review 319 (January, 2020) |
| Summary |
As the University of California, Irvine School of Law (UCI Law or the Law School) reaches its tenth anniversary, the three of us, all 2016 UCI Law graduates, decided to commemorate the occasion by memorializing, in a critical epistolary, reflections on what the Law School has achieved and how it has developed since its founding. We are most; Search Snippet: ...un-special-rapporteur. See Int'l Indian Treaty Council, Indigenous People's Coordinated Submission U.N. Human Rights Comm. (Jan. 19, 2019... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| M P Ram Mohan , Els Reynaers |
Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-intensive Disputes |
15 University of Pennsylvania Asian Law Review 284 (2020) |
This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as envisaged under the unique Section 17(b) of the Civil Liability for Nuclear Damage Act, 2010 (CLND Act), adopted by the Indian; Search Snippet: ...of recourse of the operator against the supplier to the Indian context and not merely to accept the standard language used in treaties. While it was noted that expanding the right of recourse... |
2020 |
|
| Author |
M P Ram Mohan , Els Reynaers |
| Title |
Right of Recourse Claims Based on Latent Defects in the Nuclear Energy Sector in India: Brace Yourself for Fact-intensive Disputes |
| Citation |
15 University of Pennsylvania Asian Law Review 284 (2020) |
| Summary |
This paper analyses how a case were to unfold if an operator of a nuclear installation were to exercise its right of recourse against a supplier in the event of supply of equipment or material with latent defects, as envisaged under the unique Section 17(b) of the Civil Liability for Nuclear Damage Act, 2010 (CLND Act), adopted by the Indian; Search Snippet: ...of recourse of the operator against the supplier to the Indian context and not merely to accept the standard language used in treaties. While it was noted that expanding the right of recourse... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Robert O. Saunooke |
Running for Missing and Murdered Native Women |
59 No. 2 Judges' Journal 22 (Spring, 2020) |
Currently there are over 4,000 murdered and missing indigenous women in the United States and Canada that no one is looking for or trying to find. Two indigenous women, Rosalie Fish and Jordan Marie Daniel, are running--physically running--for their people to draw attention to a tragedy that has, for the most part, been overlooked and ignored; Search Snippet: ...legislation and amendments to the House bill that would leave Native women and children less protected and further limit or infringe on Tribal sovereignty. The Senate bill requires that trials held within Indian Country... |
2020 |
|
| Author |
Robert O. Saunooke |
| Title |
Running for Missing and Murdered Native Women |
| Citation |
59 No. 2 Judges' Journal 22 (Spring, 2020) |
| Summary |
Currently there are over 4,000 murdered and missing indigenous women in the United States and Canada that no one is looking for or trying to find. Two indigenous women, Rosalie Fish and Jordan Marie Daniel, are running--physically running--for their people to draw attention to a tragedy that has, for the most part, been overlooked and ignored; Search Snippet: ...legislation and amendments to the House bill that would leave Native women and children less protected and further limit or infringe on Tribal sovereignty. The Senate bill requires that trials held within Indian Country... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Marc L. Roark |
Scaling Commercial Law in Indian Country |
8 Texas A&M Law Review 89 (Fall, 2020) |
How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (MT-STA) promise much toward creating conditions that; Search Snippet: ...in concert with regional economic actors (including other states and tribes); or they may appear rhetorically too far, straining the tribe's view of self-sufficiency, sovereignty, and governance. When efforts to stimulate economic growth appear too... |
2020 |
|
| Author |
Marc L. Roark |
| Title |
Scaling Commercial Law in Indian Country |
| Citation |
8 Texas A&M Law Review 89 (Fall, 2020) |
| Summary |
How do you drive economic enterprise in a financial desert? Indian tribes, academics, economists, and policy makers have considered the means and methods for energizing economic growth for forty years. Efforts such as the creation and promotion of the Model Tribal Secured Transactions Act (MT-STA) promise much toward creating conditions that; Search Snippet: ...in concert with regional economic actors (including other states and tribes); or they may appear rhetorically too far, straining the tribe's view of self-sufficiency, sovereignty, and governance. When efforts to stimulate economic growth appear too... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| G. William “Bill” Rice , Robert N. Clinton |
Section 5, Indian Trust Land Acquisitions, and Secretarial Authority |
52 Arizona State Law Journal 564 (Summer, 2020) |
At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust status between so-called mandatory acquisitions and claimed discretionary takings. Some statutes, usually tribally specific statutes contained in settlement legislation, such as; Search Snippet: ...28-29, 2011, the ILP sponsored a program on the Indian land trust entitled Treaty to Trust to Carcieri [FN3] Bill spoke at this program... |
2020 |
|
| Author |
G. William “Bill” Rice , Robert N. Clinton |
| Title |
Section 5, Indian Trust Land Acquisitions, and Secretarial Authority |
| Citation |
52 Arizona State Law Journal 564 (Summer, 2020) |
| Summary |
At least since the Termination Era of the 1950s, the federal Bureau of Indian Affairs (BIA) has drawn a distinction for purposes of taking tribal land into federal trust status between so-called mandatory acquisitions and claimed discretionary takings. Some statutes, usually tribally specific statutes contained in settlement legislation, such as; Search Snippet: ...28-29, 2011, the ILP sponsored a program on the Indian land trust entitled Treaty to Trust to Carcieri [FN3] Bill spoke at this program... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Karen C. Sokol |
Seeking (Some) Climate Justice in State Tort Law |
95 Washington Law Review 1383 (October, 2020) |
Over the last decade, an increasing number of path-breaking cases have been filed throughout the world, seeking to hold fossil fuel industry companies and governments accountable for their actions and inactions that have contributed to the climate crisis. This Article focuses on an important subset of those cases--namely, the recent surge; Search Snippet: ...U.S. government, including [r]ecogniz[ing] the self-determination and inherent sovereignty of all of the Tribes, establishing a relocation institutional framework that is based in human... |
2020 |
|
| Author |
Karen C. Sokol |
| Title |
Seeking (Some) Climate Justice in State Tort Law |
| Citation |
95 Washington Law Review 1383 (October, 2020) |
| Summary |
Over the last decade, an increasing number of path-breaking cases have been filed throughout the world, seeking to hold fossil fuel industry companies and governments accountable for their actions and inactions that have contributed to the climate crisis. This Article focuses on an important subset of those cases--namely, the recent surge; Search Snippet: ...U.S. government, including [r]ecogniz[ing] the self-determination and inherent sovereignty of all of the Tribes, establishing a relocation institutional framework that is based in human... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Elizabeth Hope Fink |
Sense and Census Building: Capturing Tribal Realities in the U.s. Census |
62 Washington University Journal of Law & Policy 201 (2020) |
In the politically charged space between America's 2018 midterm elections and the 2020 general elections, the upcoming decennial Census looms. A seemingly unassuming bureaucratic process, it has enormous implications for the country's social, economic, and political realities for years to come. Citizens of American Indian and Alaska Native (AI/AN); Search Snippet: ...of social justice. Part II analyzes the demographic realities of Indian Country not captured by current Census procedures and the implications... |
2020 |
|
| Author |
Elizabeth Hope Fink |
| Title |
Sense and Census Building: Capturing Tribal Realities in the U.s. Census |
| Citation |
62 Washington University Journal of Law & Policy 201 (2020) |
| Summary |
In the politically charged space between America's 2018 midterm elections and the 2020 general elections, the upcoming decennial Census looms. A seemingly unassuming bureaucratic process, it has enormous implications for the country's social, economic, and political realities for years to come. Citizens of American Indian and Alaska Native (AI/AN); Search Snippet: ...of social justice. Part II analyzes the demographic realities of Indian Country not captured by current Census procedures and the implications... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jenny B. Davis |
Serving Two Tribes |
106-MAR ABA Journal 13 (February/March, 2020) |
How does a Jewish kid from Philly become a tribal court judge in Alaska? Just ask Judge David Avraham Voluck. Born and raised in Philadelphia, Voluck has been practicing federal Indian and tribal law from his home base in Sitka, Alaska, since 1996, save for a two-year sabbatical he took to attend the Rabbinical College of America. He presides in; Search Snippet: ...type of court authorized under U.S. law? It's called inherent sovereignty, and it comes from the tribes' own organic governmental authority. You can't violate the U.S. Constitution... |
2020 |
|
| Author |
Jenny B. Davis |
| Title |
Serving Two Tribes |
| Citation |
106-MAR ABA Journal 13 (February/March, 2020) |
| Summary |
How does a Jewish kid from Philly become a tribal court judge in Alaska? Just ask Judge David Avraham Voluck. Born and raised in Philadelphia, Voluck has been practicing federal Indian and tribal law from his home base in Sitka, Alaska, since 1996, save for a two-year sabbatical he took to attend the Rabbinical College of America. He presides in; Search Snippet: ...type of court authorized under U.S. law? It's called inherent sovereignty, and it comes from the tribes' own organic governmental authority. You can't violate the U.S. Constitution... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michael Bevilacqua |
Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity |
61 Boston College Law Review E-Supplement II.-156 (April 6, 2020) |
On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to... |
2020 |
Yes |
| Author |
Michael Bevilacqua |
| Title |
Silent Intent? Analyzing the Congressional Intent Required to Abrogate Tribal Sovereign Immunity |
| Citation |
61 Boston College Law Review E-Supplement II.-156 (April 6, 2020) |
| Summary |
On February 26, 2019, the United States Court of Appeals for the Sixth Circuit in Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In re Greektown Holdings, LLC III) held that Congress did not intend to abrogate tribal sovereign immunity through the enactment of the Bankruptcy Code, Title 11 of the U.S. Code; Search Snippet: ...Worcester v. Georgia, 31 U.S. 515, 559 (1932) ) (explaining that Indian tribes retain power over internal and social relations despite no longer retaining full sovereignty). Id. at 58 . The first Supreme Court case to... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Kadie Martin |
So Much to Comment On, So Little Time: Notice-and-comment Requirements in Agency Informal Rulemaking under the Administrative Procedure Act |
61 Boston College Law Review E-Supplement II.-132 (April 2, 2020) |
On February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National Lifeline Ass'n v. FCC. In National Lifeline Ass'n, the D.C. Circuit Court held that, by adopting changes to a tribal telecommunications subsidy that contradicted prior policy rationale after only a two-week comment period, the agency both:; Search Snippet: ...of Policy on Establishing a Gov't-to-Gov't Relationship with Indian Tribes, 16 FCC Rcd. 4078, 4081 (2000) (noting the FCC affirmed principles of tribal sovereignty by committing to consult tribal governments before enacting policies or rules that will impact their tribes). The FCC convened two meetings with Indian tribal leaders where... |
2020 |
|
| Author |
Kadie Martin |
| Title |
So Much to Comment On, So Little Time: Notice-and-comment Requirements in Agency Informal Rulemaking under the Administrative Procedure Act |
| Citation |
61 Boston College Law Review E-Supplement II.-132 (April 2, 2020) |
| Summary |
On February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National Lifeline Ass'n v. FCC. In National Lifeline Ass'n, the D.C. Circuit Court held that, by adopting changes to a tribal telecommunications subsidy that contradicted prior policy rationale after only a two-week comment period, the agency both:; Search Snippet: ...of Policy on Establishing a Gov't-to-Gov't Relationship with Indian Tribes, 16 FCC Rcd. 4078, 4081 (2000) (noting the FCC affirmed principles of tribal sovereignty by committing to consult tribal governments before enacting policies or rules that will impact their tribes). The FCC convened two meetings with Indian tribal leaders where... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Carla F. Fredericks, Mark Meaney, Nicholas Pelosi, Kate R. Finn |
Social Cost and Material Loss: the Dakota Access Pipeline |
22 NYU Journal of Legislation and Public Policy 563 (2019-2020) |
The social conflict surrounding the Dakota Access Pipeline showcased for a generation the consequences of failing to account for the social risks of development on and near Indigenous lands, including a failure to respect human rights. The failure stemmed, in part, from a lack of adequate due diligence at the outset of the project. While the bare; Search Snippet: ...not cross any existing reservation boundaries, it does cross many tribes' ancestral lands, as well as land that was reserved to the Sioux Nation in treaties but subsequently taken by force. [FN14] On September 30, 2014... |
2020 |
|
| Author |
Carla F. Fredericks, Mark Meaney, Nicholas Pelosi, Kate R. Finn |
| Title |
Social Cost and Material Loss: the Dakota Access Pipeline |
| Citation |
22 NYU Journal of Legislation and Public Policy 563 (2019-2020) |
| Summary |
The social conflict surrounding the Dakota Access Pipeline showcased for a generation the consequences of failing to account for the social risks of development on and near Indigenous lands, including a failure to respect human rights. The failure stemmed, in part, from a lack of adequate due diligence at the outset of the project. While the bare; Search Snippet: ...not cross any existing reservation boundaries, it does cross many tribes' ancestral lands, as well as land that was reserved to the Sioux Nation in treaties but subsequently taken by force. [FN14] On September 30, 2014... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Brent D. Chicken, Amanda J. Dick |
Sovereign Lands |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020) |
C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and... |
2020 |
Yes |
| Author |
Brent D. Chicken, Amanda J. Dick |
| Title |
Sovereign Lands |
| Citation |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 325 (October, 2020) |
| Summary |
C1-2Table of Contents I. Introduction. 325 II. Federal Regulatory Developments. 326 A. Amendments. 326 B. New Rules. 327 III. Judicial Developments. 327 A. Process and Procedure Under the APA. 327 B. Pipelines on Tribal Lands. 332; Search Snippet: ...issued for the cross-border Keystone XL Pipeline. The RS Tribe argued that Defendants violated various treaties, the Foreign Commerce Clause of the United States Constitution, and... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Samuel Lazerwitz |
Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers |
72 Stanford Law Review 1041 (April, 2020) |
Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and... |
2020 |
Yes |
| Author |
Samuel Lazerwitz |
| Title |
Sovereignty-affirming Subdelegations: Recognizing the Executive's Ability to Delegate Authority and Affirm Inherent Tribal Powers |
| Citation |
72 Stanford Law Review 1041 (April, 2020) |
| Summary |
Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive; Search Snippet: ...of the executive branch's efforts to share its power with Native nations by synthesizing the Supreme Court's recognition of Congress's ability to affirm tribal sovereignty, the subdelegation doctrine as articulated by lower federal courts, and... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Kayla Scott |
Steel Standing: What's next for Section 232? |
30 Duke Journal of Comparative & International Law 379 (Spring, 2020) |
This note considers possible legal challenges to the original Section 232 steel order and recommends different actions for alleviating the problem of broad executive power delegated by Congress in Section 232. Parts I and II provide an introduction and background to Section 232. Part III analyzes the constitutionality of Section 232 under both the; Search Snippet: ...statutes unless its retroactivity was made clear by Congress. [FN314] Sovereignty-inspired nondelegation canons, which are grounded in widespread understandings about sovereignty, include application of a presumption against extraterritoriality for agency interpretations, unfavorable treatment to Native Americans, and waiving sovereign immunity. [FN315] Nondelegation canons inspired by... |
2020 |
|
| Author |
Kayla Scott |
| Title |
Steel Standing: What's next for Section 232? |
| Citation |
30 Duke Journal of Comparative & International Law 379 (Spring, 2020) |
| Summary |
This note considers possible legal challenges to the original Section 232 steel order and recommends different actions for alleviating the problem of broad executive power delegated by Congress in Section 232. Parts I and II provide an introduction and background to Section 232. Part III analyzes the constitutionality of Section 232 under both the; Search Snippet: ...statutes unless its retroactivity was made clear by Congress. [FN314] Sovereignty-inspired nondelegation canons, which are grounded in widespread understandings about sovereignty, include application of a presumption against extraterritoriality for agency interpretations, unfavorable treatment to Native Americans, and waiving sovereign immunity. [FN315] Nondelegation canons inspired by... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Pippa Browde |
Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion |
20 Nevada Law Journal 651 (Spring, 2020) |
This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant... |
2020 |
Yes |
| Author |
Pippa Browde |
| Title |
Tax Burdens and Tribal Sovereignty: the Prohibition on Lavish and Extravagant Benefits under the Tribal General Welfare Exclusion |
| Citation |
20 Nevada Law Journal 651 (Spring, 2020) |
| Summary |
This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any Indian general welfare benefit. Indian general welfare benefits are payments made to tribal; Search Snippet: ...Tribal Cultural and Religious Traditions is Inconsistent with Current Federal Indian Policies Intended to Promote Tribal Sovereignty and Self-Determination 688 1. Interpreting the lavish and Extravagant... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Nicolas M. Traut |
Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test |
48 Capital University Law Review 403 (Fall, 2020) |
Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J... |
2020 |
Yes |
| Author |
Nicolas M. Traut |
| Title |
Tax Treaty Overrides and Friendliness Towards International Law: a Comparative Approach to Put the Later-in-time-rule to the Test |
| Citation |
48 Capital University Law Review 403 (Fall, 2020) |
| Summary |
Tax treaties are the most important instrument to align cross-border taxation and to prevent international double taxation. International tax treaties limit the taxing rights of contracting states and allocate tax revenue between the countries. They foster international trade by reducing taxation at the source and by avoiding discrimination; and; Search Snippet: ...on the part of Congress has been clearly expressed. Menominee Tribe of Indians v. United States, 391 U.S. 404, 413 (1968) (Stewart, J... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Adam Crepelle |
Taxes, Theft, and Indian Tribes: Seeking an Equitable Solution to State Taxation of Indian Country Commerce |
122 West Virginia Law Review 999 (Spring, 2020) |
I. Introduction. 999 II. Tribal Sovereignty and Taxes. 1001 III. Quil Ceda Village--A New Level of Injustice. 1009 A. History of QCV. 1009 B. The Tax Showdown at QCV. 1011 IV. Problem with State Taxation of Indian Country. 1014 V. Solutions. 1021 A. State Power Stops at the Reservation's Edge. 1021 B. Tax 'Em Back. 1028 VI. Conclusion. 1032; Search Snippet: ...FN1] A long and sordid history of colonization resulted in tribes relinquishing much of their land, but only some of their aboriginal sovereignty. Indeed, the settled principle is that tribes possess all inherent... |
2020 |
|
| Author |
Adam Crepelle |
| Title |
Taxes, Theft, and Indian Tribes: Seeking an Equitable Solution to State Taxation of Indian Country Commerce |
| Citation |
122 West Virginia Law Review 999 (Spring, 2020) |
| Summary |
I. Introduction. 999 II. Tribal Sovereignty and Taxes. 1001 III. Quil Ceda Village--A New Level of Injustice. 1009 A. History of QCV. 1009 B. The Tax Showdown at QCV. 1011 IV. Problem with State Taxation of Indian Country. 1014 V. Solutions. 1021 A. State Power Stops at the Reservation's Edge. 1021 B. Tax 'Em Back. 1028 VI. Conclusion. 1032; Search Snippet: ...FN1] A long and sordid history of colonization resulted in tribes relinquishing much of their land, but only some of their aboriginal sovereignty. Indeed, the settled principle is that tribes possess all inherent... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| William Thomas Worster |
Territorial Status Triggering a Functional Approach to Statehood |
8 Penn State Journal of Law & International Affairs 118 (2020) |
C1-3Table of Contents L1-2119120120128128139143146164168179 I. Introduction. 119 II. Functional Statehood Based on Status. 120 A. Functional personality. 120 B. Functional statehood based on status. 128 1. Colonial Empires/Mandates/Protected States. 128 2. Occupied and Annexed States. 139 3. Internationalized Territories. 143 4. Entities in; Search Snippet: ...Anna Meijknecht, Towards International Personality: The Position of Minorities and Indigenous Peoples in International Law 25, 55 (2001); Tom Bennion, Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi , 35 Vict. Univ. Wellington L. Rev. 165, 180 (2004); Antony Anghie, Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law , 40 |
2020 |
|
| Author |
William Thomas Worster |
| Title |
Territorial Status Triggering a Functional Approach to Statehood |
| Citation |
8 Penn State Journal of Law & International Affairs 118 (2020) |
| Summary |
C1-3Table of Contents L1-2119120120128128139143146164168179 I. Introduction. 119 II. Functional Statehood Based on Status. 120 A. Functional personality. 120 B. Functional statehood based on status. 128 1. Colonial Empires/Mandates/Protected States. 128 2. Occupied and Annexed States. 139 3. Internationalized Territories. 143 4. Entities in; Search Snippet: ...Anna Meijknecht, Towards International Personality: The Position of Minorities and Indigenous Peoples in International Law 25, 55 (2001); Tom Bennion, Treaty-Making in the Pacific in the Nineteenth Century and the Treaty of Waitangi , 35 Vict. Univ. Wellington L. Rev. 165, 180 (2004); Antony Anghie, Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law , 40 |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
Textualism's Gaze |
25 Michigan Journal of Race and Law 111 (Winter, 2020) |
INTRODUCTION. 111 I. Textualism. 116 II. A Short History of Indian Law Textualism in the Supreme Court. 119 A. Engagement with the Text: Reservation Boundaries Cases. 119 B. Declining to Engage with the Text: Tribal Powers Cases. 123 C. Unresolved Area: Federal Statutes of General Applicability. 126 III. Indian Law and Supreme Court's Process. 128; Search Snippet: ...country, then the state would not possess jurisdiction. [FN4] A treaty between the tribe and the United States established the reservation. Under long-settled... |
2020 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
Textualism's Gaze |
| Citation |
25 Michigan Journal of Race and Law 111 (Winter, 2020) |
| Summary |
INTRODUCTION. 111 I. Textualism. 116 II. A Short History of Indian Law Textualism in the Supreme Court. 119 A. Engagement with the Text: Reservation Boundaries Cases. 119 B. Declining to Engage with the Text: Tribal Powers Cases. 123 C. Unresolved Area: Federal Statutes of General Applicability. 126 III. Indian Law and Supreme Court's Process. 128; Search Snippet: ...country, then the state would not possess jurisdiction. [FN4] A treaty between the tribe and the United States established the reservation. Under long-settled... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Katrin Kuhlmann, Akinyi Lisa Agutu |
The African Continental Free Trade Area: Toward a New Legal Model for Trade and Development |
51 Georgetown Journal of International Law 753 (Summer, 2020) |
International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African; Search Snippet: ...international trade space. In the area of genetic resources and indigenous rights, related treaties (namely the Convention on Biological Diversity, [FN152] Nagoya Protocol on... |
2020 |
|
| Author |
Katrin Kuhlmann, Akinyi Lisa Agutu |
| Title |
The African Continental Free Trade Area: Toward a New Legal Model for Trade and Development |
| Citation |
51 Georgetown Journal of International Law 753 (Summer, 2020) |
| Summary |
International trade law is at a turning point, and the rules as we know them are being broken, rewritten, and reshaped at all levels. At the same time that institutions like the World Trade Organization (WTO) face significant change and a global pandemic challenges the rules of the market, Africa's new mega-regional trade agreement, the African; Search Snippet: ...international trade space. In the area of genetic resources and indigenous rights, related treaties (namely the Convention on Biological Diversity, [FN152] Nagoya Protocol on... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michael C. Blumm , Cari Baermann |
The Belloni Decision and its Legacy: United States V. Oregon and its Far-reaching Effects after a Half-century |
50 Environmental Law 347 (Spring, 2020) |
Fifty years ago, Judge Robert Belloni handed down a historic treaty fishing rights case in Sohappy v. Smith, later consolidated into United States v. Oregon, which remains among the longest running federal district court cases in history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair; Search Snippet: ...history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair share to tribal... |
2020 |
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| Author |
Michael C. Blumm , Cari Baermann |
| Title |
The Belloni Decision and its Legacy: United States V. Oregon and its Far-reaching Effects after a Half-century |
| Citation |
50 Environmental Law 347 (Spring, 2020) |
| Summary |
Fifty years ago, Judge Robert Belloni handed down a historic treaty fishing rights case in Sohappy v. Smith, later consolidated into United States v. Oregon, which remains among the longest running federal district court cases in history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair; Search Snippet: ...history. Judge Belloni ruled that the state violated Columbia River tribes' treaty rights by failing to ensure a fair share to tribal... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Charles Wilkinson |
The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law |
50 Environmental Law 331 (Spring, 2020) |
Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of... |
2020 |
Yes |
| Author |
Charles Wilkinson |
| Title |
The Belloni Decision: a Foundation for the Northwest Fisheries Cases, the National Tribal Sovereignty Movement, and an Understanding of the Rule of Law |
| Citation |
50 Environmental Law 331 (Spring, 2020) |
| Summary |
Judge Belloni's decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt's subsequent decision in United States v; Search Snippet: ...lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
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| Robert O. Saunooke |
The Canary in the Coalmine--the Tragic History of the U.s. Government's Policies Toward Native Peoples |
59 No. 2 Judges' Journal J. 1 (Spring, 2020) |
In 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of Federal Indian Law, became much more than a simple survey. The handbook was the first to show how hundreds of years of; Search Snippet: ...O. Saunooke I n 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of... |
2020 |
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| Author |
Robert O. Saunooke |
| Title |
The Canary in the Coalmine--the Tragic History of the U.s. Government's Policies Toward Native Peoples |
| Citation |
59 No. 2 Judges' Journal J. 1 (Spring, 2020) |
| Summary |
In 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of Federal Indian Law, became much more than a simple survey. The handbook was the first to show how hundreds of years of; Search Snippet: ...O. Saunooke I n 1939, Felix Cohen became chief of the Indian Law Survey, an effort by the federal government to compile the federal laws and treaties regarding the American Indians. The resulting book, published in 1941 as The Handbook of... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Xueliang Ji |
The Changing Paradigm of International Tax Dispute Settlement: What Are the Promises and Challenges of Mandatory Arbitration for China? |
21 Oregon Review of International Law 117 (2020) |
118 Introduction. 118 I. Methods in Resolving Tax-Related Disputes. 122 A. Local Remedies. 123 B. Arbitration in Bilateral Investment Treaties (BITs). 123 C. Dispute Resolution Methods in Bilateral Tax Treaties. 132 II. Mandatory Arbitration Will Not Decrease National Sovereignty. 135 III. Why Taxpayers Tend to Choose Mandatory; Search Snippet: ...tax measures from the BIT. [FN80] For instance, the 2015 Indian Model BIT-EU excludes taxation from the scope of the treaty. [FN81] Another example is the agreement between the governments of... |
2020 |
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| Author |
Xueliang Ji |
| Title |
The Changing Paradigm of International Tax Dispute Settlement: What Are the Promises and Challenges of Mandatory Arbitration for China? |
| Citation |
21 Oregon Review of International Law 117 (2020) |
| Summary |
118 Introduction. 118 I. Methods in Resolving Tax-Related Disputes. 122 A. Local Remedies. 123 B. Arbitration in Bilateral Investment Treaties (BITs). 123 C. Dispute Resolution Methods in Bilateral Tax Treaties. 132 II. Mandatory Arbitration Will Not Decrease National Sovereignty. 135 III. Why Taxpayers Tend to Choose Mandatory; Search Snippet: ...tax measures from the BIT. [FN80] For instance, the 2015 Indian Model BIT-EU excludes taxation from the scope of the treaty. [FN81] Another example is the agreement between the governments of... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Justin Hughes |
The Charming Betsy Canon, American Legal Doctrine, and the Global Rule of Law |
53 Vanderbilt Journal of Transnational Law 1147 (October, 2020) |
In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains. The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court; Search Snippet: ...443 U.S. 658, 662 (1979) (interpreting the character of [a] treaty right to take fish in a treaty between Indian tribes and the United States); Reed v. Wiser, 555 F.2d... |
2020 |
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| Author |
Justin Hughes |
| Title |
The Charming Betsy Canon, American Legal Doctrine, and the Global Rule of Law |
| Citation |
53 Vanderbilt Journal of Transnational Law 1147 (October, 2020) |
| Summary |
In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains. The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court; Search Snippet: ...443 U.S. 658, 662 (1979) (interpreting the character of [a] treaty right to take fish in a treaty between Indian tribes and the United States); Reed v. Wiser, 555 F.2d... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| James Muldoon |
The Cherokee Nation, John Marshall, and the Stadial Theory of Development |
53 UIC John Marshall Law Review Rev. 1 (Summer, 2020) |
I. INTRODUCTION. 1 II. STADIAL THEORY. 3 III. JOHNSON V. M'INTOSH. 6 IV. CHEROKEE NATION V. GEORGIA. 13 V. WORCESTER V. GEORGIA. 15 VI. THE CIVILIZED AND THE UNCIVILIZED. 23 VII. CHANCELLOR KENT. 24 VIII. JOSEPH STORY. 30 IX. CONCLUSION. 32; Search Snippet: ...America, the land was held, occupied, and possessed, in full sovereignty by various independent tribes or nations of Indians, who were the sovereigns of their respective portions of the... |
2020 |
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| Author |
James Muldoon |
| Title |
The Cherokee Nation, John Marshall, and the Stadial Theory of Development |
| Citation |
53 UIC John Marshall Law Review Rev. 1 (Summer, 2020) |
| Summary |
I. INTRODUCTION. 1 II. STADIAL THEORY. 3 III. JOHNSON V. M'INTOSH. 6 IV. CHEROKEE NATION V. GEORGIA. 13 V. WORCESTER V. GEORGIA. 15 VI. THE CIVILIZED AND THE UNCIVILIZED. 23 VII. CHANCELLOR KENT. 24 VIII. JOSEPH STORY. 30 IX. CONCLUSION. 32; Search Snippet: ...America, the land was held, occupied, and possessed, in full sovereignty by various independent tribes or nations of Indians, who were the sovereigns of their respective portions of the... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities , 31 Am. Indian L. Rev. 1 (2006) (outlining the role of tribal policies... |
2020 |
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| Author |
Angela P. Harris , Aysha Pamukcu |
| Title |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
| Citation |
67 UCLA Law Review 758 (October, 2020) |
| Summary |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...and Patient Privacy: Tribal Policies as Added Means for Addressing Indian Health Disparities , 31 Am. Indian L. Rev. 1 (2006) (outlining the role of tribal policies... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Matthew Stanford |
The Constitutional Challenges Awaiting Police Reform--and How Congress Can Try to Address Them Preemptively |
11 California Law Review Online 296 (July, 2020) |
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history; Search Snippet: . |
2020 |
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| Author |
Matthew Stanford |
| Title |
The Constitutional Challenges Awaiting Police Reform--and How Congress Can Try to Address Them Preemptively |
| Citation |
11 California Law Review Online 296 (July, 2020) |
| Summary |
The horrifying death of George Floyd under the knee of a Minneapolis police officer has thrust police reform back into the national discussion. As it should. The deaths of Floyd and countless other unarmed Black men and women in police custody make clear that much remains to be done before the United States rights its course in a violent history; Search Snippet: . |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Dylan R. Hedden-Nicely |
The Contemporary Methodology for Quantifying Reserved Instream Flow Water Rights to Support Aquatic Habitat |
50 Environmental Law 257 (Winter, 2020) |
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people--particularly those in the region now called the Northwestern United States--placed singular emphasis on preserving their traditional subsistence culture when; Search Snippet: ...States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional... |
2020 |
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| Author |
Dylan R. Hedden-Nicely |
| Title |
The Contemporary Methodology for Quantifying Reserved Instream Flow Water Rights to Support Aquatic Habitat |
| Citation |
50 Environmental Law 257 (Winter, 2020) |
| Summary |
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people--particularly those in the region now called the Northwestern United States--placed singular emphasis on preserving their traditional subsistence culture when; Search Snippet: ...States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional... |
| Year |
2020 |
| Key Terms in Title or Summary |
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| Jonathan Liljeblad |
The Convention for the Safeguarding of the Intangible Cultural Heritage (Csich) and the Control of Indigenous Culture: a Critical Comment on Power and Indigenous Rights |
26 William and Mary Journal of Race, Gender, and Social Justice 281 (Winter, 2020) |
The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and; Search Snippet: ...of the struggle for indigenous self-determination. [FN113] Calls for indigenous self-determination, however, should not necessarily be interpreted as a challenge to state sovereignty, in that it is possible to enable indigenous self-determination without threatening the territorial integrity of state parties... |
2020 |
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| Author |
Jonathan Liljeblad |
| Title |
The Convention for the Safeguarding of the Intangible Cultural Heritage (Csich) and the Control of Indigenous Culture: a Critical Comment on Power and Indigenous Rights |
| Citation |
26 William and Mary Journal of Race, Gender, and Social Justice 281 (Winter, 2020) |
| Summary |
The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and; Search Snippet: ...of the struggle for indigenous self-determination. [FN113] Calls for indigenous self-determination, however, should not necessarily be interpreted as a challenge to state sovereignty, in that it is possible to enable indigenous self-determination without threatening the territorial integrity of state parties... |
| Year |
2020 |
| Key Terms in Title or Summary |
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