| Author | Title | Citation | Summary | Year | Key Terms |
| Thaddeus Mason Pope , Lindsey E. Anderson |
Voluntarily Stopping Eating and Drinking: a Legal Treatment Option at the End of Life |
17 Widener Law Review 363 (2011) |
Despite the growing sophistication of palliative medicine, many individuals continue to suffer at the end of life. It is well settled that patients, suffering or not, have the right to refuse life-sustaining medical treatment (such as dialysis or a ventilator) through contemporaneous instructions, through an advance directive, or through a... |
2011 |
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| Carrie Menkel-Meadow |
Why and How to Study "Transnational" Law |
1 UC Irvine Law Review 97 (March, 2011) |
I. Why We Must Study Transnational Law and Legal Institutions. 99 A. What is Transnational Law?. 103 B. The Importance of Studying Transnational Law. 106 II. What We Must Study in Transnational Law. 109 A. Formal Law and Interpretation. 109 B. Definitional Issues: How Does International Law Differ from Transnational Law?. 110 C. Convergences or... |
2011 |
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| Michael J. Carroll |
Yousuf v. Samantar: Does the Foreign Sovereign Immunities Act Protect Individual Government Officials from Liability? |
4 Albany Government Law Review 325 (2011) |
Introduction. 327 I. Alleged Torture and Extrajudicial Killings Suffered by Plaintiffs in Somalia and Samantar's Relationship with the United States Government. 330 A. Alleged Torture and Extrajudicial Killings. 330 1. Defendant Samantar's Relationship with the United States Government. 333 B. Procedural History: Ruling of the District Court in the... |
2011 |
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| Rachel Denae Thrasher , Kevin P. Gallagher |
21 Century Trade Agreements: Implications for Development Sovereignty |
38 Denver Journal of International Law and Policy 313 (Spring 2010) |
This paper examines the extent to which the emerging world trading regime leaves nations the policy space to deploy effective policy for long-run diversification and development and the extent to which there is a convergence of such policy space under global and regional trade regimes. We examine the economic theory of trade and long-run growth... |
2010 |
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| Matthew J. Jowanna |
42 U.s.c. § 1983: a Legal Vehicle with No International Human Rights Treaty Passengers |
9 University of New Hampshire Law Review 31 (December, 2010) |
I. Introduction. 32 II. Human Rights Treaties Conditionally Ratified by the United States. 33 III. The International Reaction. 41 IV. 42 U.S.C. § 1983. 56 V. Non-Self-Executing Declarations: There is More to It. 59 VI. Ratified Treaties Now! Rescission of RUDs Later?. 62 VII. Conclusion. 65 Where, after all, do universal human rights begin? In... |
2010 |
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| Ally Windsor Howell |
A Comparison of the Treatment of Transgender Persons in the Criminal Justice Systems of Ontario, Canada, New York, and California |
28 Buffalo Public Interest Law Journal 133 (2009-2010) |
Like other societies, the United States utilizes a binary system of gender where being either male or female has great consequences. This binary system and its corollary system where a normal society is made up only of couples comprising one man and one woman are the subject of much study and disputation. The most noticeable example of this is... |
2010 |
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| Adriel I. Cepeda Derieux |
A Most Insular Minority: Reconsidering Judicial Deference to Unequal Treatment in Light of Puerto Rico's Political Process Failure |
110 Columbia Law Review 797 (April, 2010) |
The constitutional contours of Puerto Rico's current relationship with the United States are largely defined by the territorial incorporation doctrine, developed in the Supreme Court's Insular Cases at the turn of the twentieth century. As commonly interpreted, the territorial incorporation doctrine provides that, as an unincorporated territory,... |
2010 |
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| Michael Davey |
A Pirate Looks at the Twenty-first Century: the Legal Status of Somali Pirates in an Age of Sovereign Seas and Human Rights |
85 Notre Dame Law Review 1197 (March, 2010) |
Mother, Mother Ocean, after all these years I've found, My occupational hazard being my occupation's just not around. Captains Blackbeard and Kidd, and even Hook and Sparrow, are the primary conception of piracy for many people. For these people, real piracy is dead and the rest is entertainment. But this vision of piracy merely represents the... |
2010 |
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| Margo Kaplan |
A Special Class of Persons: Pregnant Women's Right to Refuse Medical Treatment after Gonzales v. Carhart |
13 University of Pennsylvania Journal of Constitutional Law 145 (November, 2010) |
As several scholars have noted, the Supreme Court's Gonzales v. Carhart decision upholding the federal Partial Birth Abortion Ban Act of 2003 (PBABA) represents a major departure from its previous abortion jurisprudence. What has received little attention is the ease with which Carhart's rationale can be imported into cases involving the medical... |
2010 |
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| Evan J. Wallach |
A Tiny Problem with Huge Implications--nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed? |
33 Fordham International Law Journal 858 (February, 2010) |
[T]he Law of Nations . . . allows not the taking the Life of an Enemy, by Poison; which Custom was established for a general Benefit, lest Dangers should be increased too much. . . . Humanity, and the Interests of [the] Parties, equally require it; since Wars are so frequent and . . . the Mind of Man, ingenious in inventing Means to do hurt . . .... |
2010 |
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| Robert J. Tepper , Craig G. White |
Academic Early Retirement: Do Tenure Buyout Payments Warrant Unique Employment Tax Treatment? |
35 Oklahoma City University Law Review 169 (Spring 2010) |
A recent series of cases and a related Internal Revenue Service (IRS) revenue ruling shed light on the scope and taxation of the disposition of the contractual property rights inherent in holding a tenured faculty position. The litigated questions revolve around whether payments in satisfaction of tenure rights are considered wages for... |
2010 |
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| Laura Thomas , Diederik Lohman , Joseph Amon |
Access to Pain Treatment and Palliative Care: a Human Rights Analysis |
24 Temple International and Comparative Law Journal 365 (Fall 2010) |
I. Introduction. 365 II. Pain, Its Treatment, and Palliative Care. 366 III. The Unavailability of Medicinal Morphine. 369 IV. Barriers to Access to Pain Treatment and Palliative Care. 370 A. Excessively Restrictive Drug Control Regulations and Enforcement Practices. 370 B. Fear of Legal Sanction. 373 C. Failure to Ensure Functioning and Effective... |
2010 |
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| Justin Donoho |
Achieving Supreme Court Consensus: an Evolved Approach to State Sovereign Immunity |
88 Nebraska Law Review 760 (2010) |
I. Introduction. 760 II. Competing Theories. 763 A. Existing Doctrine. 763 B. The Dissenting Justices' Theory. 766 III. Necessity of Achieving Consensus. 767 IV. Existing Arguments. 770 A. Formalist Arguments. 770 B. Functional or Policy-Based Arguments. 771 C. Coherence with Lochner v. New York. 774 V. New Arguments. 776 A. Coherence with the... |
2010 |
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| Jason E. Rayne |
An Exposition of the Effectiveness of and the Challenges Plaguing Maine's Juvenile Drug Treatment Court Program |
62 Maine Law Review 649 (2010) |
Since 1989, trial courts across the United States have been developing and implementing the drug court model. Drug courts are treatment-based programs that are considered less adversarial than traditional methods of adjudication. By early in the new millennium, drug courts had achieved considerable local support and [had] provided intensive, long-... |
2010 |
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| Tejas N. Narechania |
An Offensive Weapon?: an Empirical Analysis of the "Sword" of State Sovereign Immunity in State-owned Patents |
110 Columbia Law Review 1574 (October, 2010) |
In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise... |
2010 |
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| Prv Raghavan |
Analysis of New India-syria Tax Treaty |
20 Journal of International Taxation 56 (February, 2010) |
India signed a comprehensive tax treaty with the Syrian Arab Republic on June 18, 2008, which entered into force on November 10, 2008, and became effective in India on April 1, 2009. The prior India-Syria treaty was signed in 1984 and entered into force in 1985. Significant provisions of the new treaty are discussed below. Article 5(2), which lists... |
2010 |
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| Carol B. Koppelman |
Anderson v. Evans: the Ninth Circuit Harmonizes Treaty Rights and the Marine Mammal Protection Act |
16 Hastings West-Northwest Journal of Environmental Law, Policy 353 (Summer 2010) |
We have a treaty right to hunt and fish, but by God, that doesn't mean you go after king salmon when it is out of season. -Makah Chief Tribal Judge Jean Vitalis I. Introduction. 354 II. The Makah and the Importance of Whaling. 356 A. History of Makah Whaling. 357 B. Importance of Whaling to Makah Culture. 358 1. Social Structure. 358 2. Religion.... |
2010 |
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| Michael O. Eshleman , Judge Stephen A. Wolaver |
Appendix A: Table of Jurisdictions |
12 Oregon Review of International Law 353 (2010) |
It may help practicitioners to have a list of jurisdictions acceding to the Convention. After the Convention has been ratified or applied to a territory, Adhere indicates when notice of that fact was deposited with the Dutch Foreign Ministry. (Dates are given in the American style, i.e. month/date/year.) This date may be significantly different... |
2010 |
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| Joseph Pace |
Bankruptcy as Constitutional Property: Using Statutory Entitlement Theory to Abrogate State Sovereign Immunity |
119 Yale Law Journal 1568 (May, 2010) |
In the decade following Seminole Tribe's ruling that Article I is not a grant of authority to abrogate state sovereign immunity, scholars and courts overwhelmingly agreed that the Eleventh Amendment barred Congress from subjecting states to suit in bankruptcy proceedings. The Court has since backpedaled, holding in Katz that the states ceded their... |
2010 |
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| Benjamin Beiter |
Beyond Medellín: Reconsidering Federalism Limits on the Treaty Power |
85 Notre Dame Law Review 1163 (March, 2010) |
The Constitution recognizes three sources of law as the supreme law of the land: the Constitution itself, federal laws passed in pursuance of the Constitution, and treaties made under the authority of the United States. In addition to this recognition, the Constitution places limits on the ability to create and modify the law through each of these... |
2010 |
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| Noëlle Quénivet |
Binding the United Nations to Human Rights Norms by Way of the Laws of Treaties |
42 George Washington International Law Review 587 (2010) |
There is no doubt that the United Nations has on various occasions violated human rights norms. Yet, it is unclear what the international legal source of its obligations to abide by human rights law is. This Article examines whether it is possible to bind the United Nations by way of the laws of treaties to the human rights provisions enshrined in... |
2010 |
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| Monu Bedi |
Blame it on the Government: a Justification for the Disparate Treatment of Departures Based on Cultural Ties |
38 Capital University Law Review 789 (Summer, 2010) |
In illegal reentry cases, federal courts routinely downwardly depart from the United States Sentencing Guidelines (Guidelines) on the ground of the defendant's cultural assimilation to the United States. Under this departure, courts impose reduced sentences based on findings that defendants illegally returned to the United States because of their... |
2010 |
|
| Kirsten Braun |
Carbon Storage: Discerning Resource Biase That Influence Treaty Negotiations |
22 Georgetown International Environmental Law Review 649 (Summer, 2010) |
I. L2-4,T4Introduction 650 A. L3-4,T4Backdrop: The Current State of the On-going Negotiations 653. B. L3-4,T4Call for Urgent Action 657. C. L3-4,T4Sticking Points in Current Treaty Negotiations 659. 1. Existing Bargaining Groups Create Conflict. 659 2. Role of Uncertainty in Negotiations. 662 3. The Role of Fairness and Common, but Differentiated,... |
2010 |
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| Holly D. Lange |
Climate Refugees Require Relocation Assistance: Guaranteeing Adequate Land Assets Through Treaties Based on the National Adaptation Programmes of Action |
19 Pacific Rim Law & Policy Journal 613 (July, 2010) |
Abstract: Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of climate refugees will be forced to move off their island homes and, without provisions of adequate land rights,... |
2010 |
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| |
Commemoration of the 100 Year Anniversary of the International Boundary Waters Treaty |
34 Canada-United States Law Journal 477 (2010) |
MR. UJCZO: Case Western Reserve University School of Law and The University of Western Ontario Faculty of Law have a very privileged relationship with the United States Coast Guard. The Ninth District is located here in Cleveland, Ohio, right down the street. The Ninth District manages all of the Great Lakes. The United States Coast Guard refers... |
2010 |
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| Valentina Vadi |
Critical Comparisons: the Role of Comparative Law in Investment Treaty Arbitration |
39 Denver Journal of International Law and Policy 67 (Winter 2010) |
A rose is a rose is an onion Ernest Hemingway, For Whom the Bell Tolls (1940) Both comparativists and internationalists have mostly neglected the interaction between international law and comparative law. While [i]nternationalists seem comfortable with power and uncomfortable with culture . . . comparativists are eager for cultural understanding... |
2010 |
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| Alice Izumo |
Diplomatic Assurances Against Torture and Ill Treatment: European Court of Human Rights Jurisprudence |
42 Columbia Human Rights Law Review 233 (Fall, 2010) |
This Note examines the jurisprudence of the European Court of Human Rights (ECTHR) regarding diplomatic assurances and highlights implications it offers for the United States. Section I places the Court's current position in recent historical context, reviewing the development of European assurances policy in the years leading up to 2008, from... |
2010 |
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| Kimberly C. Gordy |
Dire Straits: the Necessity for Canadian Sovereignty in the Arctic Waterways |
20 Fordham Environmental Law Review 551 (Winter 2010) |
Experts predict that a desperate global desire for the Arctic's natural resources will be the catalyst for the next cold war unless the question of sovereignty in the Northwest Passage and surrounding Arctic waterways is finally settled. The shield of Arctic ice that once protected the planet's most fragile and pristine ecosystem is melting at an... |
2010 |
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| Heather L. Williams |
Does an Individual Government Official Qualify for Immunity under the Foreign Sovereign Immunities Act?: a Human Rights-based Approach to Resolving a Problematic Circuit Split |
69 Maryland Law Review 587 (2010) |
[T]he Courts cannot isolate themselves from the great moral issues of the day. In the application of law, courts, as other organs of government, must also think of the consequences of their decisions and of their effect on human rights. In the years since foreign sovereign immunity was developed in the United States, originally as a common-law... |
2010 |
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| Sana Loue, J.D, Ph.D., M.P.H., M.S.S.A. |
Faith-based Mental Health Treatment of Minors |
31 Journal of Legal Medicine 171 (April/June, 2010) |
Historically, a close connection has existed between religion, religious beliefs, and conceptualizations of both the cause and the cure of mental illness. Mental illness was once believed to result from divine retribution or demonic possession and, accordingly, could only be cured through exorcism or beating the devil out of the person. Religious... |
2010 |
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| Benjamin L. Schuster |
Fighting Disparate Treatment: Using the "Class of One" Equal Protection Doctrine in Eminent Domain Settlement Negotiations |
45 Real Property, Trust and Estate Law Journal 369 (Summer, 2010) |
Editors' Synopsis: This Author examines the disparate treatment of property owners in eminent-domain takings and asserts that traditional remedies do not adequately protect these owners. As an alternative remedy, the Article discusses the evolution of the class of one doctrine in Equal Protection cases, which no longer requires discrimination... |
2010 |
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| Drake Hagner |
Fighting for Our Lives: the D.c. Trans Coalition's Campaign for Humane Treatment of Transgender Inmates in District of Columbia Correctional Facilities |
11 Georgetown Journal of Gender and the Law 837 (2010) |
I. The Problem: State of Crisis for Transgender Inmates. 841 A. Obstacles for the District's Transgender Residents. 841 B. The District's Failure to Provide Humane Treatment for Transgender Inmates. 844 1. Denial of Gender-Identity and Expression. 846 2. Harassment and Other Humiliating Treatment. 847 3. Rape and Sexual Abuse. 848 4. Increased... |
2010 |
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| Andrew Friedman |
Flexible Arbitration for the Developing World: Piero Foresti and the Future of Bilateral Investment Treaties in the Global South |
7 Brigham Young University International Law & Management Review 37 (Winter 2010) |
Over the past few decades, international trade has become inundated with bilateral investment treaties (BITs), agreements between two countries for the reciprocal encouragement, promotion and protection of investments in each other's territories by companies based in either country. Capital exporting and capital importing states have begun to use... |
2010 |
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| Thomas M. Brown |
For the "Round and Top of Sovereignty": Boarding Foreign Vessels at Sea on Terror-related Intelligence Tips |
59 Naval Law Review 63 (2010) |
I must go down to the seas again, to the lonely sea and the sky, And all I ask is a tall ship and a star to steer her by John Masefield penned these famous words about the glorified age of sail, a time of inspiring freedom for the mariner. But today's mariner enjoys a great deal less of the autonomy that led to such poetry. When away from his... |
2010 |
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| Elizabeth Mills Viney |
Foreign Sovereign Immunity--fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting Within the Scope of Their Official Duties |
63 SMU Law Review 265 (Winter 2010) |
IN Yousuf v. Samantar, the Fourth Circuit concluded that the Foreign Sovereign Immunities Act (FSIA), which protects foreign states and their agencies or instrumentalities from suits in U.S. courts, does not extend immunity to individual foreign officers acting within the scope of their official state duties. The Fourth Circuit reached this holding... |
2010 |
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| |
Great Lakes Emerging Legal Issues Regarding the International Boundary Waters Treaty and the Great Lakes Water Quality Agreement |
34 Canada-United States Law Journal 193 (2010) |
MR. HALL: Welcome, everyone. Thank you for coming in on a Saturday morning to discuss a range of issues dealing with trans-boundary water management between the United States and Canada. There are actually two panels today. Although my impression is that in both substance and knowledge, the two panels have a tremendous amount of overlap. So I hope... |
2010 |
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| Nicholas Buchanan, Massachusetts Institute of Technology |
Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity. By J. Kēhaulani Kauanui. Durham, Nc: Duke University Press, 2008.264 Pp. $22.95 Paper |
44 Law and Society Review 879 (September/December, 2010) |
In 1921, the Hawaiian Homes Commission Act (HHCA) defined a native Hawaiian as a descendant with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778 (p. 2). The HHCA set aside 200,000 acres of land and made parcels available to native Hawaiians for long-term leases. In Hawaiian Blood, J. Khaulani... |
2010 |
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| Emily Catalano |
Healing or Homicide?: When Parents Refuse Medical Treatment for Their Children on Religious Grounds |
18 Buffalo Journal of Gender, Law & Social Policy 157 (2009-2010) |
You can't beat, sexually abuse or starve your kids, but the law allows a parent to refuse medical care in favor of magic. This is not just a social phenomenon, but a public-health issue. -Dr. Seth Asser, pediatrician and author of Child Fatalities from Religion-motivated Medical Neglect Many people, historically and in today's society, let... |
2010 |
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| Kathleen Pickering Sherman, Colorado State University |
High Stakes: Florida Seminole Gaming and Sovereignty Jessica R. Cattelino (Durham, Nc: Duke University Press, 2008) |
33 PoLAR: Political and Legal Anthropology Review 148 (May, 2010) |
Jessica Cattelino's study of Indian gaming as experienced by the Seminole of Florida brings all the strengths of an anthropological analysis to the topic of casinos on American Indian reservations. Indian gaming is a subject too long dominated by political scientists, lawyers, and economists (see Benedict 2000; Eisler 2001; Jojola and Ong 2006;... |
2010 |
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| Dan Lewerenz |
Historical Context and the Survival of the Jay Treaty Free Passage Right: a Response to Marcia Yablon-zug |
27 Arizona Journal of International & Comparative Law 193 (Spring, 2010) |
In the face of these vast changes in the scheme of life [since the passage of the Jay Treaty a century and a half ago], the right of free passage guaranteed to the Indians has persevered. Perhaps the survival of this privilege is an anachronism, but to the Indian tribes it represents one of the last remaining jewels of a lost treasure. - L, Paul... |
2010 |
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| Elizabeth L. Young, Assistant Professor |
How Arkansas Convictions Are Treated for Immigration Purposes |
2010 Arkansas Law Notes 137 (2010) |
This March, the Supreme Court issued a potentially ground-breaking case in Padilla v. Kentucky. Aside from the potential impact it may have on Sixth Amendment law, it very clearly has a direct impact on how defense attorneys must deal with clients that are not United States citizens. It is now a requirement for a defense attorney to warn a... |
2010 |
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| Maurice E. Stucke |
How Do (And Should) Competition Authorities Treat a Dominant Firm's Deception? |
63 SMU Law Review 1069 (Summer 2010) |
INTRODUCTION. 1070 I. COMBATING DECEPTION. 1072 A. Deception and Its Harms. 1072 B. Criminal and Civil Statutes To Combat Deception. 1077 II. DECEIT UNDER THE U.S. ANTITRUST LAWS. 1080 A. Sherman Act's Legislative History. 1080 III. MODERN TRENDS IN DETERRING DECEPTION UNDER THE SHERMAN ACT. 1083 A. False Advertising and Product Disparagement. 1084... |
2010 |
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| David B. Kopel , Paul Gallant , Joanne D. Eisen |
How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid Being Used to Promote the Arms Trade Treaty |
5 NYU Journal of Law & Liberty 672 (2010) |
Abstract: Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on firearms and other weapons. In support of hasty adoption of the Treaty, a UN-related organization of Treaty supporters have produced a report claiming that armed violence is responsible for 740,000 deaths annually. This Article carefully examines... |
2010 |
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| Kathleen Maloney-Dunn |
Humanizing Terrorism Through International Criminal Law: Equal Justice for Victims, Fair Treatment of Suspects, and Fundamental Human Rights at the Icc |
8 Santa Clara Journal of International Law 69 (2010) |
Is terrorism destined to be to international law what obscenity has been to U.S. law for over four decades--linked to the lens of the beholder and ineffable community standards, defying definition beyond a multi-pronged test of its outer limits, exploiting the gap between civil society and criminality, and denying meaningful legal recourse to... |
2010 |
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| Matthew J. Lindsay |
Immigration as Invasion: Sovereignty, Security, and the Origins of the Federal Immigration Power |
45 Harvard Civil Rights-Civil Liberties Law Review Rev. 1 (Winter 2010) |
This Article offers a new interpretation of the modern federal immigration power. At the end of the nineteenth century, the Supreme Court and Congress fundamentally transformed the federal government's authority to regulate immigration, from a species of commercial regulation firmly grounded in Congress's commerce authority, into a power that was... |
2010 |
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| Paige Mason |
Inadequacies of the Amazon Fund: Evaluating Brazil's Sovereignty in the Context of Promising Market Mechanisms and the Need for International Oversight to Protect the Amazon Rainforest |
13 Touro International Law Review 116 (2010) |
I. Introduction 2 II. The Amazon Today 3 A. Climate Change and Forest Fires 3 B. Biodiversity, Deforestation and Economic Drivers of Change 6 III. Looking to the Future: Three Potential Scenarios for the Amazon Basin 10 IV. International Law Overview 12 V. Brazilian Environmental Law 14 VI. Brazil's Environmental Sovereignty 16 VII. The Amazon Fund... |
2010 |
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| John F. Coyle |
Incorporative Statutes and the Borrowed Treaty Rule |
50 Virginia Journal of International Law 655 (Spring 2010) |
Introduction. 656 I. Incorporative Statutes. 664 II. The Borrowed Treaty Rule. 669 A. The Continuing Relevance of the Treaty. 671 1. Functional Considerations. 671 2. Structural Principles. 674 3. Historical Practice. 676 B. The Borrowed Treaty Rule. 680 C. Rebutting the Presumption. 691 D. A Response to the Realist Critique. 695 III. The Charming... |
2010 |
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| Sarah Young |
Individual Foreign Officials and Sovereign Immunity--yousuf v. Samantar, 552 F.3d 371 (4th Cir. 2009) |
78 University of Cincinnati Law Review 1181 (Spring 2010) |
Natives of Somalia initiated Yousuf v. Samantar under the Torture Victim Protection Act of 1991 and the Alien Tort Statute, seeking civil liability against former Somali Minister of Defense Mohamed Ali Samantar because of alleged acts of torture and human rights violations committed by government agents whom Samantar commanded during President... |
2010 |
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| Deepa Badrinarayana |
International Law in a Time of Climate Change, Sovereignty Loss, and Economic Unity |
104 American Society of International Law Proceedings 256 (March 24-27, 2010) |
My goal here today is to ask aloud: what should international law be in a time of climate change, when the concept of the sovereignty of nations is threatened and the existing normative structure is inadequate to address this problem? The response to climate change continues to be driven by the primacy of trading, economic, or material interests,... |
2010 |
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| Caren DeLuccio |
Keys to the Kingdom: the Need for Judicial Reform of Contractual Sovereign Immunity in Texas |
46 Houston Law Review 1641 (Winter 2010) |
I. Introduction. 1642 II. A Brief History of Sovereign Immunity. 1644 A. The Supreme Court's Evolving Interpretation of the Eleventh Amendment. 1646 B. Invocation and Waiver of Eleventh Amendment Immunity. 1647 C. Evolution of Contractual Sovereign Immunity in Texas. 1648 III. Waiver by Conduct: Federal Sign, Its Progeny, and Lower Courts Left in... |
2010 |
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