Law Commons^™

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - American Revival: Citizenship & Virtue

No abstract provided.

Quiescent Sovereignty Of U.S. Territories, Michael J. Kelly

Marquette Law Review

Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a sovereignty that is theirs, but that is wielded on their behalf by the federal government. Although fiduciary responsibilities attach to this arrangement, cycles of attention/neglect are the modus vivendi. Bilateral relationships between the Territories and the federal government are varied, but such differences should not impact …

Beating A Dead Corpse, Josh Chafetz

Michigan Law Review

A Review of Sovereignty, RIP. By Don Herzog.

"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer

Honors Theses

Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.

The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and prosecuting …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …

Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but even …

The Indian Removal Act: Jackson, Sovereignty And Executive Will, Daniele Celano

The Purdue Historian

From King Andrew I to Old Hickory, Andrew Jackson had no shortage of nicknames symbolic of the opposing opinions of the president responsible for the forced removal of all Native peoples from the American South. While on its face the Indian Removal Act of 1830 appears to be little more than a racist executive order purporting large-scale land theft, the Act was also a manifestation of executive power and competing constitutional interpretations of sovereignty. In using his presidential authority to demand Indian removal, Jackson not only restructured national Indian policy, but further challenged both the power balance between state and …

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …

Punishing Our Own Rascals: Great Britain, The United States, And The Right To Search During The Era Of Slave Trade Suppression, Mark T. Haggard

Boise State University Theses and Dissertations

This thesis examines the relationship between the United States and Great Britain during the era of slave trade suppression in the nineteenth century. Two ideals of international relations came into conflict when Great Britain’s humanitarian drive to rid the world of the international slave trade ran headlong into the United States’ claims to sovereignty under the Law of Nations. Under international maritime law a ship is the sovereign territory of the nation under whose flag it sails; the forcible boarding of a ship is tantamount to an invasion of the country itself. Britain sought to circumvent this rule in the …

Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist

American Indian Law Review

No abstract provided.

Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler

Cornell Law Faculty Publications

This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.

"Merciless Indian Savages" And The Declaration Of Independence: Native Americans Translate The Ecunnaunuxulgee Document, John R. Wunder

American Indian Law Review

No abstract provided.

Evolution And Devolution: The Dynamics Of Sovereignty And Security In Post-Cold War Europe, Thomas M. Lansford

Graduate Program in International Studies Theses & Dissertations

At a time when individual defense outlays are being significantly diminished, the national governments of Western Europe are confronted with the necessity of reforming and adapting their militaries to address new security concerns and undertake new missions. This study will examine multinational military integration as one possible approach whereby national governments can limit defense spending and still maintain military capabilities to meet the contemporary security threats faced by the nation states of the continent. The first three chapters of the work will explore the broad patterns of change in the international system which have propelled states to reexamine how they …

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …