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Full-Text Articles in Law
Clearing The Path For Land Rights, One Road Block At A Time: How Peru’S Indigenous Population Can Assert Their Land Rights Against Peru’S Government, Alex Meyers
Global Business Law Review
To the indigenous people of Peru, a strong relationship exists between land and livelihood. They depend on their land for the food they eat, the water they drink, and the resources they use to build their shelter. It follows that a threat to their property rights also threatens their survival; this past year, they have proven that they are prepared to defend their property rights with their lives. This Note shows that between the legal systems of Peru, the Organization of American States (OAS), and the United Nations (UN), Peru’s indigenous people should pursue their claim against Peru’s government in …
The Unconstitutionality Of Oklahoma's Sq 755 And Other Provisions Like It That Bar State Courts From Considering International Law, Penny M. Venetis
The Unconstitutionality Of Oklahoma's Sq 755 And Other Provisions Like It That Bar State Courts From Considering International Law, Penny M. Venetis
Cleveland State Law Review
This paper will discuss SQ 755's many legal deficiencies, focusing primarily on its constitutional infirmities. First, SQ 755 is a clear violation of the Supremacy Clause of Article VI of the U.S. Constitution. The prohibition on looking to international law requires that Oklahoma courts disregard U.S. treaty obligations, and the law of nations (also known as customary international law), which are all binding on American courts. Second, SQ 755 unconstitutionally limits a state's duty to give full faith and credit to the judicial decisions of other states. The law is clear that no state has the authority to condition its …