Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Montana (124)
- Seattle University School of Law (92)
- DePaul University (67)
- Universitas Indonesia (48)
- UIC School of Law (30)
-
- University of Michigan Law School (25)
- Fordham Law School (21)
- University of Washington School of Law (21)
- University of Kentucky (11)
- North Carolina Central University School of Law (10)
- William & Mary Law School (9)
- Vanderbilt University Law School (7)
- Chicago-Kent College of Law (5)
- St. Mary's University (5)
- West Virginia University (5)
- Brigham Young University Law School (4)
- Villanova University Charles Widger School of Law (4)
- Mercer University School of Law (3)
- University of Oklahoma College of Law (3)
- American University Washington College of Law (2)
- Northwestern Pritzker School of Law (2)
- Penn State Dickinson Law (2)
- St. John's University School of Law (2)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of New Mexico (2)
- University of the District of Columbia School of Law (2)
- Bowling Green State University (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Keyword
-
- Law (15)
- Native Americans (11)
- Cultural heritage (10)
- Art (9)
- Climate change (9)
-
- Cultural property (9)
- Climate Change (8)
- Culture (8)
- Environment (8)
- Environmental law (7)
- Supreme Court (7)
- Affirmative Action (6)
- Alexander Blewett III School of Law (6)
- Environmentalism (6)
- Indian law (6)
- Indian tribes (6)
- Montana (6)
- Museums (6)
- Public Land & Resources Law Review (6)
- SFFA (6)
- Cultural preservation (5)
- Diversity (5)
- EPA (5)
- Historic preservation (5)
- NEPA (5)
- Natural Resources (5)
- Natural resources law (5)
- Ninth Circuit (5)
- Public lands (5)
- Renewable energy (5)
- Publication Year
- Publication
-
- Public Land & Resources Law Review (124)
- Seattle University Law Review (79)
- DePaul Journal of Art, Technology & Intellectual Property Law (65)
- International Review of Humanities Studies (26)
- UIC Review of Intellectual Property Law (22)
-
- Fordham Environmental Law Review (20)
- Indonesian Journal of International Law (16)
- Washington International Law Journal (14)
- North Carolina Central Law Review (10)
- Kentucky Law Journal (9)
- Michigan Law Review (9)
- University of Michigan Journal of Law Reform (8)
- Seattle Journal for Social Justice (7)
- Washington Law Review (7)
- UIC Law Review (6)
- Chicago-Kent Law Review (5)
- Vanderbilt Journal of Transnational Law (5)
- West Virginia Law Review (5)
- William & Mary Law Review (5)
- American Indian Law Journal (4)
- BYU Law Review (4)
- The Scholar: St. Mary's Law Review on Race and Social Justice (4)
- Villanova Environmental Law Journal (4)
- American Indian Law Review (3)
- Jurnal Hukum & Pembangunan (3)
- Mercer Law Review (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Michigan Journal of Race and Law (3)
- American University International Law Review (2)
- DePaul Magazine (2)
Articles 1 - 30 of 539
Full-Text Articles in Law
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
Villanova Environmental Law Journal
No abstract provided.
Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman
Villanova Environmental Law Journal
No abstract provided.
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Public Land & Resources Law Review
The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Public Land & Resources Law Review
Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.
Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter
Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman
A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves
Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Decommodifying Cultural Heritage: A Linguistic Unpacking Of "Cultural Property", Zoe Creamer
Decommodifying Cultural Heritage: A Linguistic Unpacking Of "Cultural Property", Zoe Creamer
William & Mary Law Review
The complex history of cultural property regulation in the United States, discussed below, suggests a lack of consensus regarding the definition of the legislation’s target. However, as this Note argues, it is futile to attempt crafting a precise definition of the objects qualifying for protection under such legislation without first addressing the dueling interests inherent in the operative words. An examination of the various aims of cultural property legislation reveals two competing goals. On one side exists the desire to protect cultural heritage for the world’s enrichment, and on the other is the desire to protect private ownership rights. These …
When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh
When All Else Fails: The Doctrine Of Foreign Equivalents As A Bar To Cultural Misappropriation, Stephanie H. Soh
William & Mary Law Review
This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.
Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III …
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal
No abstract provided.
Arizona V. Navajo Nation, Sarah K. Yarlott
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain
A Look Into Nagpra: Application, Issues, And The Future, Gabrielle Despain
Wyoming Law Review
During Colonization, American Indian tribes lost homes, language, and culture. The Native American Grave Protection and Repatriation Act (NAGPRA) was passed to help rebuild the relationship with American Indian tribes after it had been destroyed during colonization. NAGPRA sets forth laws regarding the repatriation of remains and cultural objects which are being held in museums and by federal agencies. The legislative history behind this act shows Congress worked hard to find the best device to help with repatriation. However, NAGPRA’s language left holes in the law which led to different issues argued in litigation. Many American Indians began feeling that …
Ideology Of Disaster Education Trauma Handling Post-Earthquake In Picture Stories Book: Critical Discourse Analysis, Silvia Damayanti, I Nyoman Suarka, Maria Matildis Banda, Ketut Widya Purnawati
Ideology Of Disaster Education Trauma Handling Post-Earthquake In Picture Stories Book: Critical Discourse Analysis, Silvia Damayanti, I Nyoman Suarka, Maria Matildis Banda, Ketut Widya Purnawati
International Review of Humanities Studies
This research analyzes the ideology that the author intends to instill in picture storybooks for children in Japan. The study aims to explore how the author conveys the ideology of handling trauma in children after earthquake disasters. The objects of the study are two picture storybooks titled "Yuzuchan" and "Yappari Ouchi Ga Ii Na." The research was conducted qualitatively using the documentary data search method. The analysis was carried out with van Dijk's CDA theory and Peirce's Semiotics Theory. The results of the analysis reveal that "Yuzuchan" and "Yappari Ouchi Ga Ii Na" are picture storybooks produced to help children …
Multimodality Of Japanese Backchannel In Beauty Vlog, Filia Filia Dr., Nilam Husna Muthia
Multimodality Of Japanese Backchannel In Beauty Vlog, Filia Filia Dr., Nilam Husna Muthia
International Review of Humanities Studies
A backchannel is generally known as a response in a conversation that serves as a sign that the interlocutor is paying attention. In conversation, verbal backchannel speech can simultaneously occur with nonverbal gestures. Backchannel in conversations in digital content is often found. Beauty content from Hiro Beauty Channel shows that backchannel in beauty vlogs often occurs through verbal and nonverbal . Previous studies have researched the behaviour of backchannel usage (Cutrone, 2011; Nurjaleka, 2019; Bodur et al., 2022; Ramadhani, 2023) and the behaviour of gazing gestures (Walker, 2010). However, there has yet to be research about the multimodality of backchannels …
The Impact Of Regional Tourism Development On The Food Tourism Industry: Case Study Of Tourism Village Assistance Policy In Indonesia And The Influence Of Regional Disparity On Its Effectiveness, Uliannisa Rozdianda, Yohanna M. L. Gultom
The Impact Of Regional Tourism Development On The Food Tourism Industry: Case Study Of Tourism Village Assistance Policy In Indonesia And The Influence Of Regional Disparity On Its Effectiveness, Uliannisa Rozdianda, Yohanna M. L. Gultom
International Review of Humanities Studies
This study aims to identify the impact of the development of tourist areas on culinary businesses by taking the case of the program for the construction of facilities and infrastructure supporting tourism villages which was implemented starting in 2017 and looking at the influence of regional disparities on the effectiveness of assistance which is then compared between the regions of Java-Bali and outside Java-Bali. Using the Difference-In-Differences (DID), the study analyzed the impact of the support program on 115 tourism villages, comparing them to other tourism villages in the same sub-district that did not receive support. The results show that, …
Nigerian Politicians And Language Use During Political Compaigns: A Studi Of Select Speeches, Miriam Stephen Inegbe
Nigerian Politicians And Language Use During Political Compaigns: A Studi Of Select Speeches, Miriam Stephen Inegbe
International Review of Humanities Studies
This essay appraised linguistic features in selected utterances of some prominent and leading Nigerian politicians during political rallies held between October and December, 2022. These utterances, which serve as data for this paper were extracted from some Nigerian tabloids like NaijaNews.com, Opera News, Politic.nigeria.com, RealMedia, Vanguard News, Voice of the People (VoP) and www.thisdaylive.com. In linguistics, utterances are viewed as unit of speech. The significant meaning of speech, therefore, embeds in the utterance which may provide a basis for social positions and further interpretative actions or decisions by the listener. The data for this study were eleven (11) purposively selected …
Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D
Debating Migrants In Korean Multiculturalism, Amelia Burhan, Ph.D
International Review of Humanities Studies
The concept of multiculturalism has become a keyword of contemporary Korean society. The influx of migrants has made Korea could not escape becoming an ethnically diverse nation and a multicultural society. This study aims to understand the concept of Korean multiculturalism through migrant workers and marriage migrants by examining their life in Korea including what kind of issues the migrants have been encountered and how was the effort of Korean government in tackling those issues. It found that the government occupied an important position in leading multiculturalism in Korea as it was the one who promoted Korea's moving towards multiculturalism …
Construction Of Femininity In Media Spectacle: The Phenomenon Of Indonesian Tiktoker Cross Gender Performances, Jiang Xue, Ade Solihat
Construction Of Femininity In Media Spectacle: The Phenomenon Of Indonesian Tiktoker Cross Gender Performances, Jiang Xue, Ade Solihat
International Review of Humanities Studies
In the development of the short video industry in Southeast Asia in recent years, cross gender performances by male bloggers have become a special cultural phenomenon that is rapidly emerging. It has become a new self media trend for male bloggers to imitate female images and construct femininity. This article uses media spectacle theory as a perspective to interpret the reasons for the rise, presentation methods and meaning construction of cross gender performances by Indone sian male bloggers. This article uses qualitative research methods, combining media spectacle theory and gender studies theory to research and analyze six Indonesian male bloggers. …
The Concept Of The Devarāja In Leadership At The Royal Palace Of Yogyakarta, Ghilman Assilmi
The Concept Of The Devarāja In Leadership At The Royal Palace Of Yogyakarta, Ghilman Assilmi
International Review of Humanities Studies
The Yogyakarta Palace is one of the Islamic sultanates that still exists in Indonesia. Even though the Yogyakarta Palace has an Islamic style and has been influenced by modernization which has penetrated aspects of state and society, the embodiment of the God-King concept from ancient Hindu eras remains embedded in the power of the king, state life, and the obedience of the surrounding community to the palace system. This paper has a problem regarding how to apply the concept of politics and power in the Yogyakarta Palace. A historical approach is used to reveal the meaning of the palace in …