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Peter Lake, In Times of Scandal, Conflicts with College Lawyers Multiply, Chronicle of Higher Education (2018)Clicking on the button will copy the full recommended citation.
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Susan L. Parish et al., Reproductive Cancer Treatment Hospitalizations of U.S. Women With Intellectual and Developmental Disabilities, 56 Intellectual and Developmental Disabilities 1 (2018)Clicking on the button will copy the full recommended citation.
There is a dearth of existing research on the treatment of reproductive cancers among women with intellectual and developmental disabilities (IDD). This study analyzed the 2010 Healthcare Cost and Utilization Project Nationwide Inpatient Sample and compared the prevalence of reproductive cancer treatment hospitalization discharges among women with and without IDD. Discharges linked to women with IDD had higher incidences of cancer of the uterus and lower prevalence of cancer of the cervix. Moreover, discharges linked to women with IDD indicated these women were younger, had longer hospital stays, and were more likely to have public insurance coverage. Therefore, further research and targeted interventions to increase cancer prevention and screening are urgently needed.
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Robyn Powell et al., Breastfeeding Among Women With Physical Disabilities in the United States, 34 Journal of Human Lactation 253 (2018)Clicking on the button will copy the full recommended citation.
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Peter Lake, Mission Possible, College Planning and Management (2018)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Reading Indian Law: Evaluating Thirty Years of Indian Law Scholarship, 54 Tulsa L. Rev. 81 (2018)Clicking on the button will copy the full recommended citation.
This article surveys thirty years of law review articles and compiles a formal ranking system to create a list of the 100 most influential Indian law scholarly pieces from the last thirty years. As Indian law has grown from a niche field offered by a couple schools to a robust legal discipline it is now impossible for the thousands of professors, students, practitioners, and judges to identify the most important pieces published each year. This piece, with its first of its kind approach to ranking Indian law scholarship, has the potential to not only highlight other important works but to become an article that is itself the focus of conversation.
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Ashley Krenelka Chase, Start Them Early: Encouraging E-Professionalism in New Bar Members, 15 Professional 5 (2018)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer and Kimberly Y. W. Holst, International Legal Developments Year in Review: 2017: Introduction, 52 Year in Review: An Annual Survey of International Legal Developments and Publications of the ABA Section of International Law 1 (2018)Clicking on the button will copy the full recommended citation.
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Grant Christensen, A View from American Courts: The Year in Indian Law 2017, 41 Seattle U. L. Rev. 805 (2018)Clicking on the button will copy the full recommended citation.
This paper summarizes the topics and trends in Indian law confronted by courts in 2017. Designed as an update that will be useful to practitioners as well as scholars, the paper breaks the discussion down into more than forty topics and subtopics. For this paper, I tracked and read all 646 judicial opinions issued by state and federal courts that squarely decided questions of federal Indian law. From those cases I have distilled this update. Ideally the first in an annual collection.
The paper includes an empirical discussion of Indian law looking at which circuits and districts are presented with the most Indian law questions. It also examines what topics receive the most coverage providing a summary of more than 200 ICWA opinions as well as capturing obscure topics like the 4 cases decided on the Navajo-Hopi Rehabilitation Act. It captures important moments in Indian law like Justice Thomas dissenting from denial of cert. in a land into trust case but also highlights the return of Leonard Peltier to federal court.
I hope the user finds this comprehensive update a useful survey of Indian law in 2017.
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Grant Christensen, Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity, 27 Wm. & Mary Bill Rts. J. 363 (2018)Clicking on the button will copy the full recommended citation.
Indian defendants appearing before tribal courts are not protected by the Bill of Rights. Instead, Congress enacted the Indian Civil Rights Act in 1968 to extend some, but not all, constitutional protections unto Indian reservations. Fifty years later and there continues to be extensive litigation surrounding ICRA.
This paper looks at all of the ICRA cases decided in 2017 to attempt to evaluate the merits of ICRA’s protections of tribal rights. The picture is decidedly mixed. From these cases the paper calls for three changes that directly respond to trends in civil rights litigation. 1) The paper suggests that courts expand the understanding of habeas jurisdiction to extend when an individual has been banished. It argues that banishment is a form of confinement and a restriction of liberty – albeit one where the jail cell is large, essentially the world minus the reservation. 2) Tribes must adopt codes that provide for a trial by jury and rules for determining who constitutes the jury and how it may be empaneled. While ICRA provides for a trial by jury, tribal courts have an affirmative duty to inform defendants of their right to request a jury trial. It is a violation of ICRA if the tribe does not make provisions for a jury when requested. 3) Finally tribal court judgments, when used in other forums, may be ambiguous because tribal law and tribal procedures are distinct from those followed by states or the federal system. Accordingly, any ambiguity that arises in response to a tribal court judgment should be resolved with a reference to the doctrine of lenity.
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Klara Van der Ploeg, Protection of Regulatory Autonomy and Investor Obligations: Latest Trends in Investment Treaty Design, 51 Int'l Law. 109 (2017)Clicking on the button will copy the full recommended citation.
The scope of states’ power to regulate in the public interest, within the normative context of an applicable investment protection treaty, has been the central issue of recent investor-state arbitration cases. Against the backdrop of a debate on the legitimacy and acceptable parameters of international investment protection regimes, many arbitral tribunals have become more sensitive to host states’ public policy objectives and more willing to balance investor protection with other interests. States themselves have sought to intervene in the practice of investment arbitration on the level of applicable treaty norms, as the wording of specific treaty provisions has been a key factor in case outcomes. This practice has received only limited attention in scholarly literature and commentary to date. By analyzing the body of recent investment treaties, this article outlines the treaty design innovations through which states have sought to provide a firm legal basis for a more balanced understanding of investment protection and a more nuanced arbitral approach: (i) specific protections of host states’ regulatory autonomy; and (ii) imposition of binding obligations on investors. The provisions protecting host states’ regulatory autonomy explicitly enshrine the states’ power to regulate and through a variety of tools limit opportunities for broad interpretations of investment guarantees conferred through the investment treaty. The stipulation of investor obligations represents a true paradigm-shifting intervention, which does away with the normative asymmetry of investment treaties but presents a number of novel issues in the process. Together, the treaty innovations characterize the advent of a new, more balanced generation of investment treaties.