AuthorTitleCitationSummaryYearKey Terms
Joshua Winneker, Ira Sprotzer, Lindsay Demery Sports Gambling and the Expanded Sovereignty Doctrine 13 Virginia Sports and Entertainment Law Journal 38 (Fall 2013) Historically, sports gambling has provided a significant amount of revenue to states that have legalized it. For a state like New Jersey, that has been devastated by a super storm in conjunction with a lackluster casino business, legalizing sports gambling seemed a like a logical step to increase revenue. The problem is that the federal government,... 2013  
Roger J. Goebel Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union after the Treaty of Lisbon 20 Columbia Journal of European Law 77 (Fall, 2013) The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the... 2013  
Solon Solomon The Case of Bolivia v. Chile in an Era of Transforming Sovereignty 25 Florida Journal of International Law 331 (December, 2013) I. Introduction. 332 II. Sovereignty Loss and Acquisition: From Passive/Idealistic to Aggressive/Pragmatic. 333 A. The Classical Sovereignty Pattern. 333 1. Sovereignty Loss-Passive. 333 2. Sovereignty Acquisition-Idealism. 336 B. Sovereignty Transformed. 337 1. Sovereignty Loss-Aggressive. 337 2. Sovereignty Acquisition-Pragmatism. 340 III. The... 2013  
Kevin Kirkpatrick The Columbia River Treaty's Canadian Entitlement: the Role of Liberalized and Integrated North American Electricity Markets in a New Calculation 3 Washington Journal of Environmental Law & Policy 320 (November, 2013) ABSTRACT: The Columbia River Treaty between the United States and Canada may be terminated unilaterally by either nation beginning next year; this has brough attention within the Pacific Northwest and beyond to the 1964 agreement on river flows. Much of the discussion about updating the accord highlights important goals such as bettering the... 2013  
Jennifer L. Zyznar The Feres Doctrine: "Don't Let this Be It. Fight!" 46 John Marshall Law Review 607 (Winter 2013) I don't want to die, I don't know what else to do, I have a loaded gun in my lap right now, I'm so scared. Following in his father's footsteps, Christopher Lee Purcell (Purcell) enlisted in the United States Navy when he was eighteen years old. Purcell served with distinction, but struggled with emotional and substance abuse problems before... 2013  
Crowell & Moring LLP The Foreign Sovereign Immunities Act: 2011 Year in Review 19 Law & Business Review of the Americas 139 (Spring 2013) INTRODUCTION: THE FSIA IN 2011. 140 I. A BRIEF HISTORY OF THE FSIA. 140 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES AND INSTRUMENTALITIES. 142 A. What Is a Foreign State?. 142 III. EXCEPTIONS TO THE GENERAL GRANT OF IMMUNITY. 146 A. Waiver - Section 1605(a)(1). 146 B. Commercial Activity - Section 1605(A)(2).... 2013  
Ron Vogel The Great Brain Robbery: Tianrui and the Treatment of Extraterratorial Unfair Trade Acts 22 Federal Circuit Bar Journal 641 (2013) In June 2011, three employees of American Superconductor Corp. (AMSC) headed to northwest China to find out why the blades on a wind turbine manufactured by the company's largest customer, China's Sinovel Wind Group (Sinovel), were still spinning. AMSC had been using the Sinovel turbine to test a new version of its control system software,... 2013  
Nathan Bellinger, Michael Fakhri The Intersection Between Food Sovereignty and Law 28-FALL Natural Resources & Environment 45 (Fall, 2013) People use different terms when discussing food politics--food security, food justice, right to food, and food sovereignty. Corporations, governments, international institutions, and social movements all use these terms to argue how the production, distribution, and consumption of food should change. These terms are at the center of a very... 2013  
E. Ann Jeschke The Moral Trauma of America's Warriors: Why We must Treat Combat Posttraumatic Stress Disorder as a Bio-psycho-social-spiritual Phenomenon 37 Nova Law Review 547 (Summer, 2013) I. INTRODUCTION. 547 II. THE SPIRITUAL CONSCIOUSNESS OF WAR. 551 A. QUESTION ONE: HOW IS WAR SPIRITUAL?. 551 B. QUESTION TWO: WHY DOES THE SPIRITUAL QUALITY OF WAR MAKE COMBAT TRAUMA UNIQUE?. 556 C. QUESTION THREE: WHAT IS NEEDED TO PROPERLY TREAT THE SPIRITUAL DIMENSION OF COMBAT TRAUMA?. 561 III. VA/DOD BIO-PSYCHO-SOCIAL APPROACH TO PTSD:... 2013  
Colonel Brian H. Brady The North Atlantic Treaty Organization Legal Advisor: a Primer 2013-OCT Army Lawyer Law. 4 (October, 2013) A lawyer who provides legal advice to a North Atlantic Treaty Organization (NATO) client is known as a legal advisor (LEGAD). United States judge advocates perform duty as LEGADs and occupy key NATO crisis establishment posts, advising clients who execute NATO-led operations in Afghanistan, the Balkans, and other contingencies. Additionally, judge... 2013  
Daniel McDermott The Padilla Wrecking Ball: Advocating for Change in Post-padilla Jurisprudence to Address What Really Ails the Immigration System's Treatment of Noncitizen Defendants in the Post-conviction Context 45 University of Miami Inter-American Law Review 221 (Fall 2013) Waxing poetic about the irony of the bad in life that tends to accompany the good, a philosopher once opined, every rose has its thorn. Just as a rose looks beautiful only until one feels the prick of its thorns, oftentimes Supreme Court cases that look beautiful at first glance turn out to be thornier than they appear. On March 31, 2010, the... 2013  
Richard L. Wiener, Katlyn S. Farnum, University of Nebraska, Lincoln The Psychology of Jury Decision Making in Age Discrimination Claims 19 Psychology, Public Policy, and Law 395 (August, 2013) Recently, the Supreme Court decided that discrimination cases under the Age Discrimination in Employment Act (ADEA) of 1967 (29 U.S.C. §§ 621-634) are distinct from those under Title VII of the Civil Rights Act (CRA) of 1964 (42 U.S.C. § e2000 et seq.). The ADEA must use but for causality instructions (e.g., age must be the direct cause of an... 2013  
Kevin A. Klock The Soft Law Alternative to the Who's Treaty Powers 44 Georgetown Journal of International Law 821 (Winter, 2013) As a recent decision of the World Health Assembly makes clear, many in the global health movement advocate mobilizing the World Health Organization's (WHO) treaty-making powers to address the world's great health challenges. The hard lawmaking power granted to the WHO in the 1940s was unprecedented, but is antiquated now given contemporary... 2013  
John F. Coyle The Treaty of Friendship, Commerce and Navigation in the Modern Era 51 Columbia Journal of Transnational Law 302 (2013) The bilateral treaty of friendship, commerce and navigation was for centuries a staple of international diplomacy. These treaties were famous for addressing a wide range of issues--including human rights, trade and investment protection-- in a single document. In recent years, however, states have increasingly entered into specialized agreements on... 2013  
Oona A. Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen, John Paredes, Sally Pei, Haley Nix Proctor The Treaty Power: its History, Scope, and Limits 98 Cornell Law Review 239 (January, 2013) This Article examines the scope of the treaty power under the U.S. Constitution. A recent challenge in the courts has revived a debate over the reach and limits of the federal government's treaty power that dates to the Founding. This Article begins by placing today's debate into historical perspective--examining the understanding of the treaty... 2013  
Qerim Qerimi , Suzana Krasniqi Theories and Practice of State Succession to Bilateral Treaties: the Recent Experience of Kosovo 14 German Law Journal 1639 (9/1/2013) This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties... 2013  
Dean M. Hunter Time to Reload: States Request More Time on the Arms Trade Treaty 33 Saint Louis University Public Law Review 227 (2013) On October 11, 2012, Turkish officials grounded a Russian plane headed for Syria. According to the Turkish Prime Minister, the plane contained arms and munitions bound for the Syrian government. President Assad's Syrian regime is currently embroiled in a long civil war against an insurgency, and Russia remains Syria's top arm supplier.... 2013  
Lawrence O. Gostin , Eric A. Friedman Towards a Framework Convention on Global Health: a Transformative Agenda for Global Health Justice 13 Yale Journal of Health Policy, Law & Ethics Ethics 1 (Winter 2013) Global health inequities cause nearly 20 million deaths annually, mostly among the world's poor. Yet international law currently does little to reduce the massive inequalities that underlie these deaths. This Article offers the first systematic account of the goals and justifications, normative foundations, and potential construction of a proposed... 2013  
Rob Dickinson Transformation of the Modern State: State Sovereignty and Human Rights in the Internet Age 29 Connecticut Journal of International Law 51 (Fall, 2013) Dr. Rob Dickinson is a Lecturer in Law at Newcastle Law School, Newcastle University, Newcastle upon Tyne, NE1 7RU, England, UK, email: rob.dickinson @ncl.ac.uk. His current research focuses on self-determination and human rights in the context of the events of the Arab Spring, and on issues arising with reference to state sovereignty. The author... 2013  
Robin Kundis Craig Treating Offshore Submerged Lands as Public Lands: a Historical Perspective 34 Public Land & Resources Law Review 51 (2013) When President Harry Truman proclaimed federal control over the United States' continental shelf in 1945, he did so primarily to secure the energy resources-- oil and gas--embedded in those submerged lands. Nevertheless, the mineral wealth of the continental shelf spurred two critical legal battles over their control and disposition: first, whether... 2013  
Julian Arato Treaty Interpretation and Constitutional Transformation: Informal Change in International Organizations 38 Yale Journal of International Law 289 (Summer 2013) I. Introduction. 290 II. Constitutions and Constitutional Change: An Approach to the Study of International Organizations. 296 A. Treaty vs. Constitution. 297 B. Formal vs. Material Constitution. 301 C. Juridical vs. Political Perspective. 303 D. Amendment vs. Transformation. 304 III. Subsequent Practice and the Primacy of Consent. 307 A. The... 2013  
Jean Galbraith Treaty Options: Towards a Behavioral Understanding of Treaty Design 53 Virginia Journal of International Law 309 (Spring, 2013) Rational choice theory is the dominant paradigm through which scholars of international law and international relations approach treaty design. In this Article, I suggest a different approach using a combination of empirical observations of state behavior and theoretical insights from behavioral economics. I focus on one aspect of multilateral... 2013  
Zvi S. Rosen Treaty Power Justifications for Early Federal Trademark Laws 16 University of Pennsylvania Journal of Constitutional Law: Heightened Scrutiny Scrutiny 1 (October, 2013) In 1920, in one of his best-known opinions, Justice Oliver Wendell Holmes, Jr. declared that [i]f [a] treaty is valid there can be no dispute about the validity of the statute under Article 1, § 8, as a necessary and proper means to execute the powers of the Government. This opinion made clear that Congress posesses an independent treaty power... 2013  
Kathryn E. Rimpfel Treaty Shopping and Expansive Jurisdiction: Causes and Effects of Venezuela's Denunciation of the Icsid Convention 5 Yearbook on Arbitration and Mediation 371 (2013) The denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) by Venezuela poses many questions for, and undoubtedly has an impact on, the international investment arbitration community. The January 24, 2012 denunciation by the Latin American oil giant was the third... 2013  
Kristen E. Eichensehr Treaty Termination and the Separation of Powers 53 Virginia Journal of International Law 247 (Spring, 2013) The President, Congress, and the courts have long disagreed about who has the power to terminate treaties. Presidents have claimed the power to terminate treaties unilaterally, while Congress and particularly the Senate have argued that because the political branches share the power to make treaties, they should also share the power to terminate... 2013  
Thomas P. Schlosser Understanding Federal Rule of Civil Procedure 19 and its Application in the Sovereign Immunity Cases 60-APR Federal Lawyer 42 (April, 2013) The familiar concept that federally recognized Indian tribes are protected by sovereign immunity leads to interesting and confusing results in cases interpreting Rule 19 of the Federal Rules of Civil Procedure--Required Joinder of Parties. As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or... 2013  
Peter K. Yu Virotech Patents, Viropiracy, and Viral Sovereignty 45 Arizona State Law Journal 1563 (Winter 2013) Introduction. 1565 I. Viral Pandemic. 1572 II. Virotech Patents. 1589 III. Viropiracy and Viral Sovereignty. 1604 IV. Toward a New Integrated Approach. 1618 A. The Need for Holistic, Multidisciplinary, Socio-legal Analysis. 1621 B. Negotiation Gains. 1627 1. Lesson #1: Communicable Diseases. 1627 2. Lesson #2: The Radical Turn in Intellectual... 2013  
Stephen B. Burbank Whose Regulatory Interests? Outsourcing the Treaty Function 45 New York University Journal of International Law & Politics 1037 (Summer 2013) I. Introduction. 1037 II. U.S. Foreign Judgment Recognition Law in Historical Perspective. 1038 III. Negotiations at The Hague and the Choice of Court Convention. 1044 IV. Domestic Responses. 1046 V. Implementing the Choice of Court Convention. 1049 VI. Conclusion. 1060 2013  
Philip Tassin Why Treaties Can Abrogate State Sovereign Immunity: Applying Central Virginia Community College v. Katz to the Treaty Power 101 California Law Review 755 (June, 2013) Can individuals sue state governments in federal court for violations of their treaty-based rights? For a long time, the answer to this question appeared to be no--the Supreme Court's doctrine seemed to allow direct suits against states only where Congress properly used its powers under Section 5 of the Fourteenth Amendment to abrogate state... 2013  
Philip Tassin Why Treaties Can Abrogate State Sovereign Immunity: Applying Central Virginia Community College v. Katz to the Treaty Power 101 California Law Review 755 (June, 2013) Can individuals sue state governments in federal court for violations of their treaty-based rights? For a long time, the answer to this question appeared to be no--the Supreme Court's doctrine seemed to allow direct suits against states only where Congress properly used its powers under Section 5 of the Fourteenth Amendment to abrogate state... 2013  
Hannibal Travis Wipo and the American Constitution: Thoughts on a New Treaty Relating to Actors and Musicians 16 Vanderbilt Journal of Entertainment and Technology Law 45 (Fall 2013) The World Intellectual Property Organization (WIPO) is seeking to reform U.S. copyright law. The WIPO Treaty on Audiovisual Performances (AV Treaty) would restrict the communication of actors' and musicians' performances without authorization. The treaty would probably make it illegal to display or show clips of performances, or make a movie or... 2013  
Jason D. Sanders Wolves, Lone and Pack: Ojibwe Treaty Rights and the Wisconsin Wolf Hunt 2013 Wisconsin Law Review 1263 (2013) In 2012, Wisconsin authorized the first state hunt of gray wolves. Wisconsin's interest in wolf depredation is legitimate: the growth in wolf population has exponentially increased human-wolf conflicts and state expense. Yet, Wisconsin shares these wolves; 83 percent of gray wolves reside on Ojibwe reservations or on territory ceded by the Ojibwe,... 2013  
Melinda R. Lewis A "Right Without a Remedy": an Analysis of the Sovereign Immunity Issues Implicated by State Power (Or the Lack Thereof) over Immigration Following Arizona v. United States 26 Georgetown Immigration Law Journal 629 (Spring, 2012) In June 2012, the Supreme Court allowed Arizona's controversial law requiring mandatory immigration status checks to go into effect. In a 5-3 decision, the Court held that it was improper to enjoin the mandatory immigration status check before the state courts had an opportunity to interpret it and without some showing that it in fact conflicts... 2012  
Charles Epps Ipock A Judicial and Economic Analysis of Attorney's Fees in Trust Litigation and the Resulting Inequitable Treatment of Trust Beneficiaries 43 Saint Mary's Law Journal 855 (2012) I. Introduction. 856 II. The Concepts and Principles of Trusts. 859 A. Development of Trust Principles. 859 B. Purposes of Trusts. 860 C. Revocable and Irrevocable Trusts and the Parties Involved. 861 D. The Interrelationship Between the Parties of a Trust. 863 E. The Remedies Available to a Beneficiary When a Trustee Breaches Fiduciary Duties. 866... 2012  
Bruce P. Frohnen A Problem of Power: the Impact of Modern Sovereignty on the Rule of Law in Comparative and Historical Perspective 20 Transnational Law & Contemporary Problems 599 (Winter 2012) I. Introduction. 599 II. Modern Sovereignty. 601 III. The Origins of Modern Sovereignty. 605 IV. Colonialism as the Extension of Sovereignty. 613 V. The Tragedy of Semi-Sovereignty in Sub-Saharan Africa. 618 VI. Sovereignty Tamed. 626 VII. Conclusion. 631 2012  
Marc Edelman A Short Treatise on Fantasy Sports and the Law: How America Regulates its New National Pastime 3 Harvard Journal of Sports & Entertainment Law L. 1 (Winter, 2012) C1-3TABLE OF CONTENTS I. Introduction. 3 II. The History of Fantasy Sports Leagues. 4 A. Before Fantasy Sports. 4 B. A New Game is Created. 5 C. The First Rotisserie League Baseball Auction. 7 D. Rotisserie Baseball Grows in Popularity. 8 E. The Internet Boom. 9 III. The Fantasy Sports Industry Today. 11 A. Different Types of Fantasy Games. 11 1.... 2012  
John Quigley A Tragi-comedy of Errors Erodes Self-execution of Treaties: Medellín v. Texas and Beyond 45 Case Western Reserve Journal of International Law 403 (Fall, 2012) The 2008 U.S. Supreme Court decision in Medellín v. Texas has generated concern that the doctrine of self-execution of treaties is being eviscerated. The Court's decision involved misapplication of that doctrine in a case in which self-execution should not have been center stage in the first place. The case should have turned on presidential power,... 2012  
Molly K. Madden Abbott v. Abbott: Reviving Good Faith and Rejecting Ambiguity in Treaty Jurisprudence 71 Maryland Law Review 575 (2012) In Abbott v. Abbott, the Supreme Court of the United States considered whether ne exeat rights constitute rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Court held that ne exeat rights, which require parental consent when another parent removes a child abroad, are in... 2012  
Yilin Ding Absolute, Restrictive, or Something More: Did Beijing Choose the Right Type of Sovereign Immunity for Hong Kong? 26 Emory International Law Review 997 (2012) Hong Kong was a British colony until 1997 when it was returned to China. Today, Hong Kong remains a common law jurisdiction, distinct from Mainland China, and enjoys a high degree of autonomy. Before 1997, Hong Kong followed the British doctrine of restrictive sovereign immunity, under which a foreign sovereign is not immune from claims arising out... 2012  
Anna C. Erwin Arizona Senate Bill 1070, Brignoni, and the Convention on the Elimination of All Forms of Racial Discrimination: Has the United States Complied with its Treaty Obligations, and Should it in the Future? 11 Washington University Global Studies Law Review 193 (2012) On December 21, 1965, in the midst of apartheid and extreme racial tensions throughout the world, the General Assembly of the United Nations (UN) signed and ratified the Convention on the Elimination of All Forms of Racial Discrimination (CERD). CERD seeks to prohibit and to eliminate racial discrimination in all its forms and to guarantee the... 2012  
Christopher R. Lepore Asserting State Sovereignty over National Communities of Islam in the United States and Britain: Sharia Courts as a Tool of Muslim Accommodation and Integration 11 Washington University Global Studies Law Review 669 (2012) Britain has recently conferred legal validity to decisions made by courts that apply sharia law, the Islamic religious code, under the 1996 Arbitration Act. According to Sheikh Faiz-ul-Aqtab Siddiqi, a legal advisor to the Muslim Arbitration Tribunal, the Act allows for consenting Muslims to obtain judgments based on sharia law through arbitration,... 2012  
Fred O. Smith, Jr. Awakening the People's Giant: Sovereign Immunity and the Constitution's Republican Commitment 80 Fordham Law Review 1941 (April, 2012) This Article explores the relationship between two constitutional doctrines that have faced withering criticisms. The first is the scant jurisprudence emanating from the Guarantee Clause, a provision that requires the United States to ensure republican forms of government in every state. John Hart Ely and Richard Posner, among others, have observed... 2012  
Anna Gelpern Bankruptcy, Backwards: the Problem of Quasi-sovereign Debt 121 Yale Law Journal 888 (January, 2012) This Feature considers the debts of quasi-sovereign states in light of proposals to let them file for bankruptcy protection. States that have ceded some but not all sovereign prerogatives to a central government face distinct challenges as debtors. It is unhelpful to analyze these challenges mainly through the bankruptcy lens. State bankruptcy... 2012  
  Belgium's Exclusion of Member State Branch Net Equity from Nid Calculation Violates Eu Treaty 23 Journal of International Taxation In Argenta (C-350/11, September 19, 2012), Advocate General (AG) Mengozzi recommended declaring Belgium's requirement to exclude the net equity of branches established in other member states when calculating the notional interest deduction (NID) incompatible with the EU freedom of establishment (Article 43 EC Treaty, now Article 49 TFEU (Treaty on... 2012  
William Thomas Worster Between a Treaty and Not: a Case Study of the Legal Value of Diplomatic Assurances in Expulsion Cases 21 Minnesota Journal of International Law 253 (Spring 2012) I. Background. 254 II. Diplomatic Assurances as Treaties. 266 A. An Agreement Concluded Between States. 272 B. In Writing. 285 C. Governed by International Law. 288 1. Anthony Aust. 289 2. Jan Klabbers. 304 3. The Role of Formal Assessment and Enforcement. 307 4. Private Law Analogies. 313 5. Conclusion on the Law of Treaties. 319 6. Application to... 2012  
Ruqaiijah Yearby Breaking the Cycle of "Unequal Treatment" with Health Care Reform: Acknowledging and Addressing the Continuation of Racial Bias 44 Connecticut Law Review 1281 (April, 2012) Since the Civil War access to health care in the United States has been racially unequal. This racially unequal access to health care remains even after the passage of Title VI of the Civil Rights Act of 1964 (Title VI) and the election of an African-American President. Both of these events held the promise of equality, yet the promise has never... 2012  
Steven Menashi Cain as His Brother's Keeper: Property Rights and Christian Doctrine in Locke's Two Treatises of Government 42 Seton Hall Law Review 185 (2012) In his Theories of Surplus Value, Karl Marx devotes a brief chapter to John Locke's disagreement with Sir Dudley North on the cause of high interest rates. In it, Marx summarizes Locke's labor theory of property, and he concludes with an arresting aside: Locke's analysis is all the more important since he is the classical exponent of bourgeois... 2012  
Nikki Smith Children's Rights Nationally and Internationally During the Deportation of Their Parents or Themselves Does the Right to Sovereignty Trump the Best Interest of the Child? 5 the crit: a Critical Studies Journal J. 1 (Summer, 2012) This paper advances a controversial analysis of children's rights in immigration proceedings in the United States, explaining how current US immigration laws both deny children fundamental rights set out in the US Constitution and violate the US's international human rights obligations. My analysis explores the historical progression of children's... 2012  
Ric Simmons Chooseyourjudges.org: Treating Elected Judges as Politicians 45 Akron Law Review Rev. 1 (2012) I. Introduction. 1 II. Electing Our Judges-A Brief Overview. 5 A. Diversity of Judicial Selection Methods. 5 B. History. 6 C. Arguments in Favor of Electing Judges. 8 D. Arguments Against Electing Judges. 9 E. The Current State of the Debate. 10 III. The Challenge: Getting Information to the Voters. 10 A. Background and Qualifications of... 2012  
James Croke Chuaigh Ár Lá - Debt of a Gaelsman: Ireland's Sovereign Debt Crisis, National and International Responses 32 Northwestern Journal of International Law and Business 365 (Winter 2012) Abstract: How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980's and early 1990's it undertook structural reforms... 2012  
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