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Articles 1 - 29 of 29
Full-Text Articles in Law
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Cornell International Law Journal
No abstract provided.
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
William & Mary Journal of Race, Gender, and Social Justice
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.
A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr
Washington and Lee Law Review
No abstract provided.
Connecting The Dots Between The Constitution, The Marshall Trilogy, And United States V. Lara: Notes Toward A Blueprint For The Next Legislative Restoration Of Tribal Sovereignty, Ann E. Tweedy
University of Michigan Journal of Law Reform
This law review Article examines: (1) the underpinnings of tribal sovereignty within the American system; (2) the need for restoration based on the Court's drastic incursions on tribal sovereignty over the past four decades and the grave circumstances, particularly tribal governments' inability to protect tribal interests on the reservation and unchecked violence in Indian Country, that result from the divestment of tribal sovereignty; (3) the concept of restoration as illuminated by United States v. Lara, and finally (4) some possible approaches to partial restoration.
The Article first evaluates the constitutional provisions relating to Indians and the earliest federal Indian law …
Sacrifice And Sovereignty, Mateo Taussig-Rubbo
Sacrifice And Sovereignty, Mateo Taussig-Rubbo
Contributions to Books
Published as Chapter 4 in States of Violence: War, Capital Punishment, and Letting Die, Austin Sarat & Jennifer L. Cuthbert, eds.
This Chapter examines a complement to the concept of the state’s monopoly of legitimate violence, what I call a ‘monopoly of sacrifice.’ It describes some of the difficulties the United States government has confronted in authoritatively designating which and whose losses and deaths in the name of the nation are considered transcendent or sacred. Through detailed case studies, it describes a state that uses legal form and policy to construe certain deaths as sacrificial, and others as banal, and …
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Robert Trisotto
No abstract provided.
The Kiss Of Death: A Sowellian Analysis Of International Recognition And The Somaliland Paradigm, Donato J. Latrofa
The Kiss Of Death: A Sowellian Analysis Of International Recognition And The Somaliland Paradigm, Donato J. Latrofa
Donato J Latrofa
The concept of “statehood” and “recognition” governs debate about the future of Africa, and in particular, what should be done with Somalia/Somaliland. The question lately has been whether or not newly-formed/seceded nations should be “recognized” (as if recognition by the rest of the organized world equates to legitimacy or functionality). Many scholars believe that Somaliland should be “recognized” because it has shown itself to be a bastion of calm in the Horn of Africa. However, these scholars overlook that such a decision may not be costless to Somalilanders and their government. The first part of this article gives a background …
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Robert Trisotto
No abstract provided.
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Seceding In The 21st Century: A Paradigm For The Ages, Robert Trisotto
Robert Trisotto
No abstract provided.
Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson
Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson
Doctoral Dissertations 1896 - February 2014
This dissertation explores the relationship between state sovereignty and major instances of crimes against humanity committed in the latter 20 th century. In order to examine this dynamics of this relationship, the author analyzes the history and theory of the concept of sovereignty and examines five case studies of crimes against humanity: Cambodia under the Khmer Rouge, Argentina during the military junta from 1976 to 1983, the breakup of the former Yugoslavia, Rwanda in 1994, and the ongoing conflict in the Darfur region of Sudan. State sovereign power is shown to be an important facilitating factor in these atrocities as …
Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran
Rhetoric Versus Reality: The Jurisdiction Of Rape, The Indian Child Welfare Act, And The Struggle For Tribal Self-Determination, Maire Corcoran
William & Mary Journal of Race, Gender, and Social Justice
This note examines the rape crisis affecting Native American women today and the jurisdictional issues that affect how and whether tribes may prosecute and punish rapists. This note also examines the efficacy of the Indian Child Welfare Act (ICWA) in preventing inappropriate removal of Native children from their tribal environment. A comparison of these two subjects reveals that, although tribes are theoretically experiencing an era of tribal "self-determination," federal Indian law and policy, both old and new, continue to prevent tribes from achieving health and independence. Ultimately, the note concludes that a true solution to the problems affecting tribes can …
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen
Michigan Journal of International Law
A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
Sorting Out Civil Jurisdiction In Indian Country After Plains Commerce Bank: State Courts And The Judicial Sovereignty Of The Navajo Nation, Dale Beck Furnish
American Indian Law Review
No abstract provided.
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Ernesto A. Hernandez
Commenting on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantanamo Bay, Cuba, this Article argues that anomaly on the base heavily influences "War on Terror" detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantanamo but retains "complete jurisdiction and control" for an indefinite period; while Cuba has "ultimate sovereignty." Gerald Neuman labels this an "anomalous zone" with fundamental legal rules locally suspended. The base was chosen as a detention center because of …
Creative Civil Remedies Against Non-Indian Offenders In Indian Country, Kelly Stoner, Hallie Bongar White, James G. White
Creative Civil Remedies Against Non-Indian Offenders In Indian Country, Kelly Stoner, Hallie Bongar White, James G. White
Kelly Stoner
No abstract provided.
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Ezra Rosser
Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.
Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo
Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo
Michigan Journal of International Law
This Essay proposes a framework for analyzing the concept of universal jurisdiction and evaluating its exercise by States in the international legal system. In brief, the author argues that universal jurisdiction is unique among the bases of prescriptive jurisdiction in international law, and that its unique character gives rise to unique-and underappreciated- limiting principles. The main analytical device the author uses to make this argument is the notion of a "false conflict," which is borrowed from the private law field of conflict of laws, also known outside the United States as private international law. The author does not suggest that …
Ex Parte Young: Sovereignty, Immunity, And The Constitutional Structure Of American Federalism, Charlton C. Copeland
Ex Parte Young: Sovereignty, Immunity, And The Constitutional Structure Of American Federalism, Charlton C. Copeland
Articles
No abstract provided.
From Conflict To Cooperation: State And Tribal Court Relations In The Era Of Self-Determination, Aliza Organick, Tonya Kowalski
From Conflict To Cooperation: State And Tribal Court Relations In The Era Of Self-Determination, Aliza Organick, Tonya Kowalski
Faculty Scholarship
State and Tribal sovereigns have historically had a tense relationship, beginning in colonial times, when states vied with the federal government for trading rights and for control of Indian lands. Today, that tension still expresses itself in matters such as gaming compacts, criminal and civil jurisdiction, and taxation, to name just a few. While different sovereigns within a federal system may always vie for resources and power to some extent, it is time for states and Tribes to focus on what a more mutually supportive relationship with Tribal communities has to offer. This Essay explores the history of the two …
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks
Faculty Publications
No abstract provided.
Does Anyone Really Want A Parliament Of Man?, Kenneth Anderson
Does Anyone Really Want A Parliament Of Man?, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
American University, WCL Research Paper No. 2010-05Abstract:This is a review-essay of historian Paul Kennedy's recent history of the UN and global governance, The Parliament of Man. It offers a critical look at Kennedy's account of the development of the UN as the gradual, if fitful, progress of the United Nations towards global governance under an order of liberal internationalism - the slow triumph of international institutions and law over the the anarchy of international power politics among sovereign states.The essay argues that what Kennedy views as the gradual movement toward global governance by the UN, or international institutions of any …
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Articles by Maurer Faculty
A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …
A Palestinian State, Jennifer A. Hileman-Tabios
A Palestinian State, Jennifer A. Hileman-Tabios
UNLV Theses, Dissertations, Professional Papers, and Capstones
Should an independent, sovereign state of Palestine have the right to exist? The establishment of an independent Palestinian state is important because it could possibly end an extended period of violence with Israel, where civilian casualties have been high, and it could help to solidify a foundation of political tolerance and acceptance in the Middle East. Under the proposed two-state solution, an independent Palestinian state is possible. However, to determine if a Palestinian state is viable, it will be necessary to examine internal political struggles, economic resources, systems of communication, political systems and internal and external political policies. This qualitative …
Is The Constitution Libertarian?, Randy E. Barnett
Is The Constitution Libertarian?, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Ever since Justice Holmes famously asserted that “the Constitution does not enact Mr. Herbert Spencer’s Social Statics,” academics have denied that the Constitution is libertarian. In this essay, I explain that the Constitution is libertarian to the extent that its original meaning respects and protects the five fundamental rights that are at the core of both classical liberalism and modern libertarianism. These rights can be protected both directly by judicial decisions and indirectly by structural constraints. While the original Constitution and Bill of Rights provided both forms of constraints, primarily on federal power, it left states free to violate the …
From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck
From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck
Michigan Journal of International Law
This Essay provides a survey of more than fifty universal jurisdiction proceedings in European courts and illustrates that universal jurisdiction is no longer a seldom-used theoretical concept, but a widespread practice. However, it is a practice that faces a number legal and practical obstacles identified here. Similar difficulties are encountered in other mechanisms used to combat impunity, including territorial and personality jurisdiction, state accountability at the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), and civil litigation in the United States. The Essay then begins an evaluation of the last ten years of universal …
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto A. Hernandez-Lopez
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Commenting on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantanamo Bay, Cuba, this Article argues that anomaly on the base heavily influences "War on Terror" detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantanamo but retains "complete jurisdiction and control" for an indefinite period; while Cuba has "ultimate sovereignty." Gerald Neuman labels this an "anomalous zone" with fundamental legal rules locally suspended. The base was chosen as a detention center because of …