AuthorTitleCitationSummaryYearKey Terms
Tom C. Hodge The Treatment of Employees as Stakeholders in the European Union: Current and Future Trends 38 Syracuse Journal of International Law and Commerce 91 (Fall 2010) I. Abstract. 92 II. Introduction. 92 III. What is corporate governance?. 94 IV. Corporate Governance Models: Shareholder v. Stakeholder. 95 A. Convergence or Path Dependence. 95 B. The Shareholder-Primacy Model and the Stakeholder-Pluralist Model. 102 C. The Third Way: Enlightened Shareholder Value. 111 V. Employees as Stakeholders. 114 A.... 2010  
Vincent J. Samar The Treaty Power and the Supremacy Clause: Rethinking Reid v. Covert in a Global Context 36 Ohio Northern University Law Review 287 (2010) In this article I want to consider whether the authority of the United States to enter into treaties in a global environment is limited by constitutional constraints. The issue arises because a reasonable interpretation of the language of Article VI would place the treaty power on the same status-footing as the Constitution of the United States.... 2010  
Angela M. Banks The Trouble with Treaties: Immigration and Judicial Review 84 Saint John's Law Review 1219 (Fall 2010) Human rights activists describe United States deportation law and policy as draconian and unjust. These activists are not alone; outrage by everyday people is expressed in response to stories like that of Mary Anne Gehris. Mary Anne Gehris immigrated to the United States at eighteen months old and has lived in the South ever since. She married, had... 2010  
Seth Korman The Welfarist Approach to Human Rights Treaties: a Critique 58 UCLA Law Review Discourse 95 (2010) This Essay provides analysis and some criticism of the argument that international human rights treaties should focus more on development and welfare and less on basic negative rights. It argues that welfarist treaties that completely ignore human rights concerns will in theory harm heterogeneous societies with significant minority populations.... 2010  
David B. Thronson Thinking Small: the Need for Big Changes in Immigration Law's Treatment of Children 14 U.C. Davis Journal of Juvenile Law & Policy 239 (Summer 2010) Introduction. 240 I. Children Impacted by Migration. 241 A. Children as Migrants and Children of Migrants. 241 B. Mixed Status Families and the Challenge of Immigration Reform. 244 II. The Unacceptability of the Status Quo. 245 III. Immigration Law's Devaluation of Children. 250 IV. Emerging Exceptions to the Rule. 256 A. A New World - T and U... 2010  
Barbara Cosens Transboundary River Governance in the Face of Uncertainty: Resilience Theory and the Columbia River Treaty 30 Journal of Land, Resources, and Environmental Law 229 (2010) University of Idaho College of Law, Waters of the West To come to terms with the Columbia, we need to come to terms with it as a whole, as an organic machine, not only as a reflection of our own social divisions but as the site in which these divisions play out. If the conversation is not about fish and justice, about electricity and ways of life,... 2010  
Malgosia Fitzmaurice, Queen Mary, University of London Treaty Interpretation. By Richard Gardiner. Oxford: Oxford University Press, 2008, Pp. Xxi, 407. Index. $180, £84.95, Cloth; £24,99, Paper. On the Interpretation of Treaties: the Modern International Law as Expressed in the 1969 Vienna Convention on the L 104 American Journal of International Law 329 (April, 2010) Treaty interpretation may not appear to be a subject likely to ignite academic discussions, but these two books--Treaty Interpretation by Richard Gardiner of University College London and On the Interpretation of Treaties by Ulf Linderfalk of Lund University (Sweden)--demonstrate that nothing could be farther from the truth. The authors' approaches... 2010  
Sara Fargnoli, Rebecca Feinberg, Adriane Turnipseed Trend Toward Equality? A Comparative Analysis of the Treatment of Noncitizen Veterans in the Administration of Post-service Benefits 2 Veterans Law Review 261 (2010) Throughout history, and particularly during times of conflict, nations have enlisted foreigners in their military forces to fight alongside their own citizens. These noncitizen veterans fought and shed blood along with citizen veterans, sacrificing for a nation that was not their own. Historically, these veterans have been given little recognition... 2010  
Mitchell Nathanson Truly Sovereign at Last: C.b.c. DisTribution v. Mlb Am and the Redefinition of the Concept of Baseball 89 Oregon Law Review 581 (2010) I. C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP. 585 II. Major League Baseball and Baseball as Synonyms. 589 III. The Rise of the Players. 594 IV. The Corporate Revolution. 603 V. The National Demonization of Major League Baseball and the Separation of Major League Baseball from the Concept of Baseball. 611... 2010 Yes
Henry J. Richardson, III Two Treaties, and Global Influences of the American Civil Rights Movement, Through the Black International Tradition 18 Virginia Journal of Social Policy and the Law 59 (Fall 2010) Introduction. 59 I. Identifying the Black International Tradition. 61 A. Influences of Outside Mass Struggles by Peoples of Color. 62 B. Examples of the global impact of the American Civil Rights Movement. 66 II. The Impact of Two Key Treaties on African-American Collective Debates on the Best Route Towards Liberation. 67 A. The Berlin Conference... 2010  
Lieutenant Commander Joan M. Malik United States Environmental Law Applied in the Arctic Ocean: Frustrating the Balance of the Law of the Sea, National Sovereignty, and International Collaboration Efforts 60 Naval Law Review 41 (2010) Climate change evidence brings images of polar bears and their once ice-covered ocean spaces of the Polar Regions to the forefront of the minds of people throughout the world. Dire concern of opened polar oceans free of ice by as early as 2013, with commentary of faster-melting ice than once predicted, flies across the newswire every day. U.S.... 2010  
Erick J. Rhoan What Congress Gives, Congress Takes Away: Tribal Sovereign Immunity and the Threat of Agroterrorism 19 San Joaquin Agricultural Law Review 137 (2009-2010) In February of 2009, the Arabic news network, Al Jazeera, aired a video made by an Al-Qaeda recruiter. The recruiter told a room of supporters that the terrorist organization was assessing the United States-Mexico border for ways to infiltrate the United States, particularly through underground tunnels between the two nations. The purpose of the... 2010 Yes
Arturo C. Porzecanski When Bad Things Happen to Good Sovereign Debt Contracts: the Case of Ecuador 73-FALL Law and Contemporary Problems 251 (Fall 2010) Multinational corporations were meant to be reassured by the protections incorporated into bilateral and regional investment agreements. However, judging from the growing number of claims filed with the International Centre for Settlement of Investment Disputes (ICSID) and other arbitration vehicles-- more than three hundred and fifty treaty-based,... 2010  
G.M. Filisko When Global Families Fail 96-JUL ABA Journal 56 (July, 2010) Christopher Savoie got the kind of telephone call that terrifies a parent on Aug. 12, 2008. The school where his two young children attended classes wanted him to know that they had not shown up that day. But Savoie's first thought was not that Isaac and Rebecca had been victimized by some stranger. Instead, he rushed over to his ex-wife's home not... 2010  
Steve Sanders Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians 25 Wisconsin Journal of Law, Gender & Society 327 (Fall 2010) Introduction. 327 I. Background. 331 A. ICWA and Adoption. 331 B. Gay and Lesbian Adoption in the United States. 333 C. Indian Attitudes Toward Homosexuality and Same-sex Relationships. 334 II. Gay/Lesbian Adoptions in Tribal Court. 337 A. In Tribal Court, Tribal Law Controls. 338 B. Full Faith and Credit for Tribal Adoption Decrees. 339 III.... 2010 Yes
Jason Carter Who's Virus Is it Anyway? How the World Health Organization Can Protect Against Claims of "Viral Sovereignty" 38 Georgia Journal of International and Comparative Law 717 (2010) On June 11, 2009, just two months after the first cases of H1N1 (the Swine Flu) were reported, Margaret Chan, the Director-General of the World Health Organization (WHO) officially confirmed the news that many in the international health community had feared. Ladies and gentlemen, she began, The virus is entirely new. [It] is contagious,... 2010  
John T. Parry A Primer on Treaties and § 1983 after Medellín v. Texas 13 Lewis & Clark Law Review 35 (Spring 2009) The majority opinion in Medellín v. Texas contains a number of statements to the effect that treaties are not equal to federal statutes and that courts should presume that treaties do not create private rights. This Article analyzes the impact of those statements on the ability of plaintiffs to bring actions under 42 U.S.C. § 1983 for the... 2009  
Jacob Stoehr A Question of Sovereignty, Development, and Natural Resources: a New Standard for Binding Third Party Nonsignatory Governments to Arbitration 66 Washington and Lee Law Review 1409 (Summer, 2009) C1-3Table of Contents I. Introduction. 1410 II. International Commercial Arbitration in U.S. Courts. 1413 A. The Federal Arbitration Act and the New York Convention. 1415 B. The TPN Problem as Applied in U.S. Courts. 1418 III. Bridas and ChevronTexaco. 1422 A. Bridas and Turkmenistan. 1423 B. ChevronTexaco and Ecuador. 1426 IV. Current Shortfalls... 2009  
Delores Subia BigFoot, Janie Braden Adapting Evidence-based Treatments for Use with American Indi Native Alaskan Children and Youth 28 Child Law Practice 76 (July, 2009) It is impossible to capture or explain the nature and extent of assaults experienced by American Indians and Alaskan Native (AI/AN) families. AI/AN communities experience a disproportionate number of events that put them at risk for trauma reactions. Often, these contemporary disruptions have roots in the historical past. According to the National... 2009 Yes
Mary Christina Wood Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part I): Ecological Realism and the Need for a Paradigm Shift 39 Environmental Law 43 (Winter 2009) Modern environmental law has proved a colossal failure, despite the good intentions and the hard work of many citizens, lawyers, and government officials. Notwithstanding the most extensive and complex set of legal mandates the world has ever known, government is driving runaway greenhouse gas emissions and resource depletion. Agencies use the... 2009  
Mary Christina Wood Advancing the Sovereign Trust of Government to Safeguard the Environment for Present and Future Generations (Part Ii): Instilling a Fiduciary Obligation in Governance 39 Environmental Law 91 (Winter 2009) This Article is the second part of a two-part work that highlights the fiduciary obligation of government emanating from the public trust doctrine of environmental law. This Part explores the measurable standards of performance for protecting vital natural assets in the people's trust as carried out within the modern framework of administrative... 2009  
Brian Kane , Idaho Office of the Attorney General All in and a Call: Has Online Poker Raised State Sovereignty Stakes? 52-OCT Advocate 39 (October, 2009) With the introduction of a small innovation that allowed observers to know what cards the players were holding without the other players at the table knowing, Texas Hold-Em Poker became the Cadillac of gambling. Turn on the television on virtually any night and you can not only see poker being played by the best in the world, but you are also... 2009  
Molly Watson An Arctic Treaty: a Solution to the International Dispute over the Polar Region 14 Ocean and Coastal Law Journal 307 (2009) The melting of the polar ice caps in the Arctic region has resulted in an international battle over Arctic territory and its vast natural resources. Five Arctic nations are claiming rights to overlapping territory and there is no evident legal resolution to their competing interests. Four of these five states have ratified the United Nations... 2009  
Stephan Leibfried, Karin van Elderen And They Shall Beat Their Swords into Plowshares--the Dutch Genesis of a European Icon and the German Fate of the Treaty of Lisbon 10 German Law Journal 1297 (8/1/2009) For my grandparents Europe meant peace, for my parents prosperity, for my generation it stands for some practical advantages like traveling without border controls and stipends to study abroad. The poster All Our Colours to the Mast by Dutch artist Reyn Dirksen has served as an icon of European integration since the 1950s, when it won first prize... 2009  
Hans H. Hertell Arctic Melt: the Tipping Point for an Arctic Treaty 21 Georgetown International Environmental Law Review 565 (Spring, 2009) C1-3Contents I. Introduction. 565 II. The Nature of the Threat. 567 III. The International Legal Regime. 570 A. International Treaties. 570 1. The Law of the Sea. 571 2. Other Binding Treaties. 575 B. Cooperative Agreements. 575 1. The Arctic Environmental Protection Strategy. 576 2. The Arctic Council. 577 3. The Polar Guidelines. 579 IV.... 2009  
Steven Menashi Article Iii as a Constitutional Compromise: Modern Textualism and State Sovereign Immunity 84 Notre Dame Law Review 1135 (March, 2009) This Article challenges the scholarly consensus that a textualist reading of the Constitution cannot support a broad constitutional principle of state sovereign immunity. In doing so, it develops a fuller account of textualist constitutional interpretation, recognizing that the original public meaning of a text may be informed by commonly held... 2009  
Bruce Winfield Bean Attack of the Sovereign Wealth Funds: Defending the Republic from the Threat of Sovereign Wealth Funds? 18 Michigan State Journal of International Law 65 (2009) I. The Threat from Sovereign Wealth Funds. 67 II. The Evolution and Development of Sovereign Wealth Funds. 70 A. What is a Sovereign Wealth Fund?. 70 B. When Did Sovereign Wealth Funds Appear?. 72 C. Why Were Sovereign Wealth Funds Established?. 73 D. Why Is the Spotlight Now on Sovereign Wealth Funds?. 73 E. Explaining the Explosion in Disclosed... 2009  
Carlos Perez-Gautrin Basic Introduction to Tax Treaties 17 Willamette Journal of International Law and Dispute Resolution 157 (2009) I. What is a Tax Treaty?. 158 II. Hierarchy of Tax Treaties vs. Domestic Law. 158 A. United States Approach. 158 B. European Union Approach. 159 C. Mexico Approach. 159 III. Tax Information Exchange Agreements. 160 IV. Drafting of Tax Treaties. 160 A. Organization for Economic Cooperation and Development Model. 160 B. United Nations Model. 161 C.... 2009  
Takele Soboka Bulto Between Ambivalence and Necessity: Occlusions on the Path Toward a Basin-wide Treaty in the Nile Basin 20 Colorado Journal of International Environmental Law and Policy 291 (Summer 2009) While the Nile riparian states are engaged in legal, political, and doctrinal wrangling pertaining to state sovereignty on the way to a basin-wide agreement over the equitable allocation of their common waters, each day brings a heavy but avertable cost on the lives, security, and economic and environmental well-being of the tenth of the African... 2009  
Rogers M. Smith Beyond Sovereignty and Uniformity: the Challenges for Equal Citizenship in the Twenty-first Century 122 Harvard Law Review 907 (January, 2009) Virtually everyone who will read these words was born in the latter two-thirds of the twentieth century. Our formative experiences during those years have led most of us to think about American citizenship in two ways that are not wrong, but are partly misleading, and are now changing. We tend to think of American citizenship as membership in a... 2009  
Paul Horwitz Churches as First Amendment Institutions: of Sovereignty and Spheres 44 Harvard Civil Rights-Civil Liberties Law Review 79 (Winter 2009) This Article offers a novel way of approaching the role of churches and other religious entities within the framework of the First Amendment. Beyond that, it offers a broader organizing structure for the legal treatment of First Amendment institutions --entities whose fundamental role in shaping and contributing to public discourse entitles them... 2009  
Professor Mark J. Wolff Cogressional Unilateral Tax Treaty Overrides: the "Latter in Time Doctrine" Is out of Time! 9 Florida Tax Review 699 (2009) The current form of globalization has resulted in greater global economic integration and liberalization, political openness, and cultural and social acceptance. As the world economy continues to weaken national economic orders, and as nations become more dependent upon international trade, good relations between nations may provide greater global... 2009  
José A. Gutierrez-Fons Comparing Supremacy: Sovereign Immunity of States in the United States and Non-contractual State Liability in the European Union 28 Penn State International Law Review 199 (Fall 2009) I. The Principle of Sovereign Immunity of States Under U.S. Law. 203 A. Concept. 203 B. Legal Basis of State Sovereign Immunity. 204 C. Why Has the U.S. Supreme Court Endorsed States' Immunity?. 212 D. Alternative Remedies. 215 1. United States as a Plaintiff. 216 2. Suits for Prospective Relief: Ex parte Young. 217 3. Suits for Retrospective... 2009  
John T. Parry Congress, the Supremacy Clause, and the Implementation of Treaties 32 Fordham International Law Journal 1209 (April, 2009) The President has power to make treaties with the advice and consent of two-thirds of the Senate. Once made, the Supremacy Clause declares treaties the supreme law of the land. One might therefore assume treaties have the same status in the U.S. legal system as federal statutes; once adopted, they operate as law for all relevant purposes. One... 2009  
Ann E. Tweedy 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 42 University of Michigan Journal of Law Reform 651 (Spring 2009) 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... 2009 Yes
Shira Kieval Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries 109 Columbia Law Review 94 (January, 2009) Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges arise about the application of state law to American Indians outside of Indian Country. In 1973, and again in 2005, the Supreme Court announced that [a]bsent express federal law to the contrary, Indians going beyond reservation... 2009 Yes
Anthony J. Colangelo Double Jeopardy and Multiple Sovereigns: a Jurisdictional Theory 86 Washington University Law Review 769 (2009) This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that... 2009  
Charlton C. Copeland Ex Parte Young: Sovereignty, Immunity, and the Constitutional Structure of American Federalism 40 University of Toledo Law Review 843 (Summer 2009) THE U.S. Supreme Court's recent state-immunity jurisprudence requires reconsideration. The call for reconsideration does not stem from an absolutist rejection of all forms of state autonomy or immunity, but rather from a fear that the Court's immunity jurisprudence is dislodged from its role in the enforcement of the federalism structure of... 2009  
James Bongiorno Fair Use of Copyrighted Images after Perfect 10 v. Amazon.com: Diverging from Constitutional Principles & United States Treaty Obligations 12 Touro International Law Review 107 (2009) It has often been said that one picture is worth a thousand words, but the truth of that adage may rest with the individual viewing a particular picture or image. One may view an image only to find it holds no artistry or meaning, and deem its expressive value to merit a single derogatory comment, whereas another person may perceive a message... 2009  
Merritt Schnipper Federal Indian Law--ambiguous Abrogation: the First Circuit Strips the Narragansett Indian Tribe of its Sovereign Immunity 31 Western New England Law Review 243 (2009) Chief Sachem Matthew Thomas got up and put on a shirt and tie. The Narragansett tribe leader expected to end the day in federal court, where he would confront the Rhode Island officials who were attempting to shut down the tribe's tax-free smoke shop. But when Tribal Councilman Hiawatha Brown called at one in the afternoon to say that a convoy of... 2009 Yes
T. Haller Jackson IV Fee Shifting and Sovereign Immunity after Seminole Tribe 88 Nebraska Law Review Rev. 1 (2009) I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... 2009 Yes
T. Haller Jackson IV Fee Shifting and Sovereign Immunity after Seminole Tribe 88 Nebraska Law Review Rev. 1 (2009) I. Introduction. 2 II. (Very) Brief Histories. 6 A. 42 U.S.C. § 1983. 6 B. 42 U.S.C. § 1988. 9 C. The States' Eleventh Amendment Sovereign Immunity. 11 III. The Full Contours of the Problem. 16 A. The Practical Context. 16 B. The Doctrinal Background. 19 C. The Near Misses in Precedent. 23 IV. Easy Answers Dismissed. 26 A. Personal Capacity... 2009 Yes
John J. Chung From Feudal Land Contracts to Financial Derivatives: the Treatment of Status Through Specific Relief 29 Review of Banking and Financial Law 107 (Fall, 2009) In sorting through the aftermath of the global economic collapse, one conclusion has emerged regarding its cause: Financial derivatives were at the root of the crisis. It is now widely believed, with the obvious benefit of hindsight, that the failure to regulate derivatives was responsible to a large extent for the collapse, and calls for reform... 2009  
Alex M. Hagen From Formal Separation to Functional Equivalence: Tribal-federal Dual Sovereignty and the Sixth Amendment Right to Counsel 54 South Dakota Law Review 129 (2009) The dual sovereignty doctrine reflects the bifurcated structure of the federal system, but it also incorporates individual Indian tribes as unique third sovereigns within that system. Recently, the doctrine's application to the Sixth Amendment right to counsel has split the federal circuit courts and revealed a conflict between adhering to the dual... 2009 Yes
Tara J. Melish From Paradox to Subsidiarity: the United States and Human Rights Treaty Bodies 34 Yale Journal of International Law 389 (Summer 2009) I. Introduction. 390 II. Legal Context: The Human Rights Framework Applicable to the United States. 395 III. Supervisory Treaty Body System and the Scope of U.S. Engagement. 404 A. Periodic Reporting Process. 405 B. Individual and Collective Complaint Procedures and Precautionary Measures. 410 C. Other Promotional Mechanisms. 415 IV. Interest... 2009  
Ashley Dose Government Endorsement of Living on a Prayer 30 Journal of Legal Medicine 515 (October-December, 2009) Douglas and Rita Swan were life-long adherents of Christian Science until the tragic and preventable death of their 15-month-old son, Matthew. Christian Science is a religious denomination that promotes spiritual healing as a practical expression of Christian living. Although spiritual healing is the preferred method of treatment, Christian Science... 2009  
Allen Mendenhall Haunted by History's Ghostly Gaps: a Literary Critique of the Dred Scott Decision and its Historical Treatments 1 Georgetown Journal of Law & Modern Critical Race Perspectives 259 (Fall, 2009) In his opinion for the majority, Chief Justice Roger B. Taney eliminates Dred Scott the man from the text and divests Scott of a body, thereby transforming him into a sort of incorporeal ghost that signals the traces and tropes of slavery. Subsequent historians, journalists, and politicians have made Scott even more inaccessible by either relying... 2009  
Barbara McDonald How a Nineteenth Century Indian Treaty Stopped a Twenty-first Century Megabomb 9 Nevada Law Journal 749 (Spring 2009) The U.S. Defense Threat Reduction Agency (DTRA) created controversy beginning in 2006 when it announced its intention to detonate Divine Strake, a 700-ton fuel oil and fertilizer bomb at the Nevada Test Site (NTS). The DTRA maintained the purpose of the bomb was to advance conventional weapons, even though government documents had described the... 2009 Yes
Zvi S. Rosen In Search of the Trade-mark Cases: the Nascent Treaty Power and the Turbulent Origins of Federal Trademark Law 83 Saint John's Law Review 827 (Summer 2009) For the past hundred and thirty years, the Supreme Court's unanimous opinion in the Trade-Mark Cases --which invalidated the federal trademark laws enacted from 1870 through 1876 on constitutional grounds--has stood as one of the few cases to opine on the scope of the Intellectual Property Clause of the United States Constitution. The Court held... 2009  
Michael C. Blumm , Jane G. Steadman Indian Treaty Fishing Rights and Habitat Protection: the Martinez Decision Supplies a Resounding Judicial Reaffirmation 49 Natural Resources Journal 653 (Summer-Fall, 2009) In the nineteenth century, the federal government convinced many Pacific Northwest tribes to enter into treaties that would facilitate white settlement. These treaties resulted in tribes ceding millions of acres of homeland in exchange for the right to take fish from all the usual and accustomed places. Although it was assumed that the salmon... 2009 Yes
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