Law Commons^™

Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay

Open Access Theses & Dissertations

Spanning multiple fields of scholarly inquiry, the bulk of this study concerns itself with competing notions of sovereignty, citizenship, boundary-making, and belonging in twentieth and twenty-first century Indigenous North America. Situated at the productive confluence of Borderlands history, Native American and Indigenous Studies, Critical Legal Studies, and Immigration history, this Dissertation analyzes the numerous treaties, codes, edicts, bylaws and other expressions of settler colonial jurisprudence that penetrated the everyday lives of Indigenous peoples across North America. These statutes-designed to limit Native power, dissolve Indigenous cultural identity, and strip tribal peoples of their landholdings and personhood-constituted an ongoing settler colonial project …

Innovative Approach To Anti-Beps And The Coherence Of International Tax Law, Haiyan Xu

SJD Dissertations

This dissertation is comprised of three articles:

• Avi-Yonah, Reuven,. co-author. "Evaluating BEPS: A Reconsideration of the Benefits Principle and Proposal for UN Oversight." H. Xu, co-author. Harv. Bus. L. Rev. 6, no. 2 (2016): 185-238
• Reuven S. Avi-Yonah & Haiyan Xu, A Global Treaty Override? The New OECD Multilateral Tax Instrument and Its Limits, 39 Mich. J. Int'l L. 155 (2018).
• Avi-Yonah, Reuven S. "China and BEPS." Haiyan Xu, co-author. Laws 7, no. 1 (2018): 4-30.

All For The Kids: A Case For Ratification Of The U.N. Convention On The Rights Of The Child, Jessica L. Hirte

Departmental Honors Projects

The United Nations Convention on the Rights of the Child (CRC) is the most rapidly signed and ratified human rights instrument in UN history, yet the United States is the only UN member not to ratify the CRC. However, if the United States wants to maintain its status as a global human rights leader, ratifying the CRC would be a step in the right direction.

There are several arguments against U.S. ratification, such as a concern that the CRC could undermine parental authority, more specific concerns relating to issues such as children’s education and access to abortion, and a concern …

Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim

Legacy Theses & Dissertations (2009 - 2024)

Does states’ treaty commitment promote the inter-state socialization? A gap exists in the existing constructivist International Relations literature as to which agents could promote the internalization of constitutive beliefs through which process. This project seeks to illuminate whether states’ treaty commitments have promoted the inter-state socialization in three dimensions: (1) the convergence of voting patterns in the UN General Assembly (2) the convergence of state practices in territorial disputes (3) the emergence of rules-oriented domestic governance. I draw on classical sociology, public law theory, the English School theory, and the Transnational Legal Process theory to develop the Social Theory of …