Law Commons^™

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Amended And Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007, Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Oct. 21, 2005, Amendment No. 2, 2007. Amendment 2 replaces 3 exhibits with documents filed in or by the courts: 1) Attachment 1 - replacing Exhibit 25.18.A1 - “Stipulation of the Parties to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement Setting forth the Terms of the Settlement (as filed with the Gila Adjudication Court on May 23, 2006”; 2) Attachement 2 - replacing Exhibit 25.18.A2 – “Judgment and Decree”; and 3) Attachement 3 - Exhibit 25.18.B “Order Pursuant to Stipulation issued by the Globe …

Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan

Faculty Publications

Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.

Climate Justice: The Next Movement [Outline], Richard J. Lazarus

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Richard J. Lazarus, Professor of Law, Georgetown University Law Center

2 pages.

The People Or The State?: Chisholm V. Georgia And Popular Sovereignty, Randy E. Barnett

Georgetown Law Faculty Lectures and Appearances

Chisholm v. Georgia was the first great constitutional case decided by the Supreme Court. In Chisholm, the Court addressed the fundamental question: Who is Sovereign? The People or the State? It adopted an individual concept of popular sovereignty rather than the modern view that limits popular sovereignty to collective or democratic self-government. It denied that the State of Georgia was a sovereign entitled, like the King of England, to assert immunity from a lawsuit brought by a private citizen. Despite all this, Chisholm is not among the canon of cases that all law students are taught. Why not? In this …

Storm In A Teacup: The U.S. Supreme Court’S Use Of Foreign Law, Austen L. Parrish

Articles by Maurer Faculty

In this Article, Professor Parrish explores the legitimacy of the U.S. Supreme Court's use of foreign law in constitutional adjudication. In recent years, the U.S. Supreme Court has used foreign law as persuasive authority in a number of highly contentious cases. The backlash has been spirited, with calls for foreign law to be categorically barred from constitutional adjudication, and even for Justices to be impeached if they cite to foreign sources. Last year, the condemnation of comparative constitutionalism reached a high note, as a barrage of scholarship decried the practice as illegitimate and a threat to our national sovereignty. The …

Guantanamo Forever: United States Sovereignty And The Unending State Of Exception, Mary Anne Franks

Articles

No abstract provided.

Imagining Sovereignty, Managing Secession: The Legal Geography Of Eurasia's "Frozen Conflicts", Christopher J. Borgen

Faculty Publications

The interrelated concepts of sovereignty, self-determination, and the territorial integrity of states form a Gordian knot at the core of public international law. These concepts encompass not only how we define the classic actors of the international system—states—but also how seriously international law takes claims of civil and political rights. This Article considers how geographic concepts can be used to try to untangle—or slice through this knot of issues.

The frozen conflicts of Eurasia are a series of ongoing secessionist crises in the post-Soviet states of Moldova, Georgia, and Azerbaijan. I will use the example of the so-called "frozen conflict" …

The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow

Articles

A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …

Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff

Publications

No abstract provided.

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams

Journal Publications

In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …

Mandatory Constitutions, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The European Constitution And Its Implications For China, Xingzhong Yu

Cornell Law Faculty Publications

The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish

Articles by Maurer Faculty

For much of the 19th and 20th Centuries, the international community resisted the notion of indigenous peoples' rights. In recent years, however, this has changed. The emergence of indigenous rights in international law may finally be upon us. At the very least, the language of international instruments and certain court decisions indicate a new era is emerging in which international law is beginning to recognize the rights of indigenous peoples. And the public seems increasingly aware of the challenges facing indigenous groups. Despite a past where victories for indigenous peoples' rights have been few, scholars are cautiously optimistic for the …