AuthorTitleCitationSummaryYearKey Terms
Laura Moranchek Hussain Enforcing the Treaty Rights of Aliens 117 Yale Law Journal 680 (January, 2008) ABSTRACT. Despite the Supremacy Clause's declaration that treaties are the Law of the Land, efforts to incorporate treaties that guarantee individual rights into domestic law have been stymied by a wave of political opposition. Critics argue that giving these treaties the force of domestic law would be inconsistent with constitutional values like... 2008  
Kevin Tray Fear and Loathing in the South Pole: the Need to Resolve the Antarctic Sovereignty Issue and a Framework for Doing it 22 Temple International and Comparative Law Journal 213 (Spring 2008) Great God! This is an awful place. - Captain Robert Scott, 1912 Antarctica is a continent on the brink. The constant political instability of oil-rich nations, coupled with an increasing global petroleum demand, is fueling the likelihood that the world will turn its thirsty eyes towards this great unexplored frontier in search of natural energy... 2008  
  First Amendment - California Supreme Court Holds That Free Exercise of Religion Does Not Give Fertility Doctors Right to Deny Treatment to Lesbians. - North Coast Women's Care Medical Group, Inc. v. San Diego County Superior Court, 189 P.3d 959 (Cal. 2008 122 Harvard Law Review 787 (December, 2008) Ever since reproductive technology made childbearing a viable option for those who cannot otherwise conceive, doctors have been limiting access to that technology by deciding who can receive treatment. Women over the age of forty, unmarried women, and lesbians have all been denied access. Recently, in North Coast Women's Care Medical Group, Inc. v.... 2008  
Colby Barrett Fitting a Square Peg in a Round (Drill) Hole: the Evolving Legal Treatment of Coalbed Methane-produced Water in the Intermountain West 38 Environmental Law Reporter News & Analysis 10661 (September, 2008) Editors' Summary: Groundwater resources in the intermountain West (Colorado, Montana, New Mexico, Utah, and Wyoming) continue to dwindle while populations expand. In the 1950s, states set up oil and gas conservation commissions to regulate the disposal of small amounts of highly saline water produced during conventional oil and gas extraction.... 2008  
Colby Barrett Fitting a Square Peg in a Round (Drill) Hole: the Evolving Legal Treatment of Coalbed Methane-produced Water in the Intermountain West 38 Environmental Law Reporter News & Analysis 10661 (September, 2008) Editors' Summary: Groundwater resources in the intermountain West (Colorado, Montana, New Mexico, Utah, and Wyoming) continue to dwindle while populations expand. In the 1950s, states set up oil and gas conservation commissions to regulate the disposal of small amounts of highly saline water produced during conventional oil and gas extraction.... 2008  
Alejandro Moreno, M.D., M.P.H., J.D., FACP, FCLM , Vincent Iacopino, M.D., Ph.D. Forensic Investigations of Torture and Ill-treatment in Mexico 29 Journal of Legal Medicine 443 (Ocrober-December, 2008) Torture and ill-treatment have been documented in Mexico, despite the clear prohibition of these practices under international treaties ratified by Mexico and the Mexican Constitution. Torture is categorized in all of the federal and state jurisdictions as a felony crime. In addition, the federal government and 14 states have enacted separate... 2008  
Nathaniel T. Haskins Framing Concurrent Jurisdiction Issues in the Self-determination Era: Accepting the First Circuit's Analysis but Rejecting its Application to Preserve Tribal Sovereignty 32 American Indian Law Review 441 (2007-2008) In beginning this journey, entertain with me an absurd but salient hypothetical. Assume for a moment that the State of Texas sells a portion of its land to Oklahoma. The terms of the sale stipulate that Texas and Oklahoma retain concurrent jurisdiction over the land. An obvious problem arises. How do the states determine which laws apply? And... 2008 Yes
Lauren Benton From International Law to Imperial Constitutions: the Problem of Quasi-sovereignty, 1870-1900 26 Law and History Review 595 (Fall, 2008) The roots of the international legal order have often been traced to intertwining scholarly and political traditions dating back to the early seven-teenth century, in particular to early writings in international law and the rise of the nation-state in Europe. Recent scholarship has attacked this narrative from many angles. One approach has been to... 2008  
Kojo Yelpaala Fundamentalism in Public Health and Safety in Bilateral Investment Treaties [Part I 3 Asian Journal of WTO & International Health Law & Policy 235 (March, 2008) The goal of this work is to explore, examine and analyze how much of an impact BITs can lawfully have on the choices available to governments to take necessary measures for the protection of health, safety, the environment and human rights. This calls for a return to first principles of sovereignty, constitutionalism and international law on the... 2008  
Lane R. Neal Highway Appropriations Bill Shapes Tribal Sovereignty: a Look at Oklahoma Tribes' Ability to Set Environmental Standards in Light of Recent Federal Legislation 32 American Indian Law Review 219 (2007-2008) The relationship between Native Americans and their natural environment goes back to the beginning of human life in North America. As sovereign nations with strong cultural ties to their natural environment, it would seem rational that regulation of environmental standards within Indian Country would be left to the tribes. However, environmental... 2008 Yes
Kevin M. Whiteley Holding International Organizations Accountable under the Foreign Sovereign Immunities Act: Civil Actions Against the United Nations for Non-commercial Torts 7 Washington University Global Studies Law Review 619 (2008) During the afternoon hours of April 17, 2004, bedlam reigned at the U.N.-run Mitrovica Detention Center in northern Kosovo. Having completed the first day of pre-induction training, a group of international correctional and police officers were preparing to exit the facility when an assailant unexpectedly began firing at the group's three-vehicle... 2008  
Rebecca A. Hart , M. Alexander Lowther Honoring Sovereignty: Aiding Tribal Efforts to Native American Women from Domestic Violence 96 California Law Review 185 (February, 2008) Each year more than 4 million women are the victims of domestic violence at the hands of their partners--this is an epidemic from which Native American women are not immune. The obstacles to leaving an abusive relationship are numerous: women often need medical help, may lack the financial resources to support themselves and their families, and... 2008 Yes
Marcia Valiante How Green Is My Treaty? Ecosystem Protection and the "Order of Precedence" under the Boundary Waters Treaty of 1909 54 Wayne Law Review 1525 (Winter, 2008) I. Introduction. 1525 II. Background. 1527 III. The Issue of Fluctuating Water Levels. 1529 IV. Regulation of Water Levels in Lake Ontario and the St. Lawrence River. 1533 V. International Law. 1541 VI. Resolving the Impasse on Lake Ontario Levels. 1548 VII. Conclusions. 1549 The Boundary Waters Treaty (BWT or Treaty) between Canada and the United... 2008  
Brian P. Dimmer How Tribe and State Cooperative Agreements Can Save the Adam Walsh Act from Encroaching upon Tribal Sovereignty 92 Marquette Law Review 385 (Winter 2008) President George W. Bush signed the Adam Walsh Child Protection and Safety Act of 2006 (AWA) into law on July 27, 2006. Congress passed the AWA to expand the national sex offender registry, strengthen federal penalties for crimes against children, and prevent sexual predators from reaching children on the internet. To achieve these purposes, the... 2008 Yes
Parker Clote Implications of Global Warming on State Sovereignty and Arctic Resources under the United Nations Convention on the Law of the Sea: How the Arctic Is No Longer Communis Omnium Naturali Jure 8 Richmond Journal of Global Law and Business 195 (Winter 2008) The Arctic region has long been an area of singular potential, possessing both a sui generis geography and an invaluable supply of natural resources. Yet this potential has long remained unrealized and speculative, owing to the Arctic's harsh climate and the absence of any cognizable claim of sovereignty. Recently, however, global warming and a... 2008  
John A. Boyd Inadequate International Financial Institution Assistance for Adam Smith's Second Duty of the Sovereign: Protecting Against Injustice 17-WTR Kansas Journal of Law & Public Policy 230 (Winter 2007-2008) This article attempts a partial answer to the important question--what changes should be made in law and policy at the six major International Financial Institutions (IFIs), consisting of the International Monetary Fund (IMF), the World Bank, and the regional development banks in Africa, Asia, Europe and Latin America (the African Development Bank,... 2008  
Charles Wilkinson Indian Nations and the Federal Government: What Will Justice Require in the Future? Claims Against the Sovereign 20th Judicial Conference of the United States Court of Federal Claims 17 Federal Circuit Bar Journal 235 (2008) The Court of Federal Claims has asked me to take a few minutes to step back, look out toward the horizon, and even dream a bit, about what the field of Indian law might be and I'm honored to oblige as best I can. I believe that Indian tribes would receive the high justice they deserve from our courts if judges were to understand two legal doctrines... 2008 Yes
Siegfried Wiessner Indigenous Sovereignty: a Reassessment in Light of the Un Declaration on the Rights of Indigenous Peoples 41 Vanderbilt Journal of Transnational Law 1141 (October, 2008) This Article explores the concept of indigenous sovereignty against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of... 2008  
Eagle H. Robinson Infringing Sovereignty: Should Federal Courts Protect Patents and Copyrights from Tribal Infringement? 32 American Indian Law Review 233 (2007-2008) Growing tribal economies raise numerous legal issues. Tribal activities now range from the operation of tribal smoke shops and gas stations to the operation of manufacturing plants and the operation of highly successful gaming operations. One important issue arises when an Indian tribe infringes a patent or copyright. Although collisions between... 2008 Yes
Arthur Kimball-Stanley Insurance and Credit Default Swaps: Should like Things Be Treated Alike? 15 Connecticut Insurance Law Journal 241 (Fall, 2008) This article focuses on the potential moral hazards created by the use of credit default swaps (CDS) and argues that perhaps such swaps should be regulated as analogous to regular insurance regimes. The author discusses academic mischaracterization of the issue, including arguments that CDS is not the same as insurance, and refutes this... 2008  
Anna A. Kornikova International Child Labor Regulation 101: What Corporations Need to Know about Treaties Pertaining to Working Youth 34 Brooklyn Journal of International Law 207 (2008) The decision in Roe v. Bridgestone Corp. has signaled that transnational corporations (TNCs) that have sufficient minimum contacts with the United States may be subject to liability in U.S. courts for international child labor violations committed abroad. This liability may arise under the Alien Tort Statute (ATS), which allows aliens to bring... 2008  
Oona A. Hathaway International Delegation and State Sovereignty 71-WTR Law and Contemporary Problems 115 (Winter 2008) International law's strength and reach have grown significantly over the last half-century. Once the province primarily of diplomatic and trade treaties, international law now reaches not just interactions between states but states' behavior within their own borders as well. In the early years of the twenty-first century, more than 100,000... 2008  
Margaret J. Vick International Water Law and Sovereignty: a Discussion of the Ilc Draft Articles on the Law of Transboundary Aquifers 21 Pacific McGeorge Global Business & Development Law Journal 191 (2008) Table of Contents I. Introduction. 191 II. Freshwaters: Groundwater and Surface Water. 193 III. The Law of International Fresh Waters. 195 A. Scope of the 1997 U.N. Convention. 196 B. Scope of the Draft Articles. 198 1. Legal Bifurcation of Freshwaters. 198 2. Fragmentation of International Law. 201 3. Aquifers or Groundwater. 203 IV. Sovereignty... 2008  
J. Scott Kohler Interpretive Federalism and the Treaty Power Implications of Sanchez-llamas v. Oregon 46 Columbia Journal of Transnational Law 468 (2008) In the wake of the federalism retrenchment brought about by Supreme Court precedents of the past two decades, some scholars have challenged the vitality of Missouri v. Holland, the Court's canonical explication of the treaty power. Examining this retrenchment and the academic debate it has touched off, this Note considers whether the Court's recent... 2008  
Robert J. Miller Inter-Tribal and International Treaties for American Indian Economic Development 12 Lewis & Clark Law Review 1103 (Winter 2008) American Indian nations and Indian people and Indigenous groups around the world are usually the poorest communities in their countries. These entities must develop and promote economic activities and jobs for their people. Economic development is an absolutely crucial social, political, and legal issue for these governments and their people.... 2008 Yes
William W. Burke-White , Andreas von Staden Investment Protection in Extraordinary Times: the Interpretation and Application of Non-precluded Measures Provisions in Bilateral Investment Treaties 48 Virginia Journal of International Law 307 (Winter 2008) I. Introduction. 309 II. The Prevalence of NPM Clauses. 318 III. Distinguishing Treaty-Based NPM Clauses from Background Defenses in Customary International Law. 320 IV. The Anatomy of NPM Clauses. 324 A. Placement of NPM Clauses in Bilateral Investment Treaties. 325 B. Examples of NPM Clauses. 326 C. Form and Structure of NPM Clauses. 329 1. The... 2008  
José E. Alvarez, Columbia Law School Investment Treaty Arbitration and Public Law. By Gus Van Harten. Oxford, New York: Oxford University Press, 2007. Pp. Xxxii, 214, 184. Index. $145, £60, Cloth; $65, £24, Paper 102 American Journal of International Law 909 (October, 2008) Gus Van Harten's Investment Treaty Arbitration and Public Law, based on his Ph.D. dissertation at the London School of Economics, is an academic grenade lobbed at the ever growing number of investor-state disputes and the arbitral procedures that govern them. The author's intellectual forebears--old guard supporters of the defunct New... 2008  
Stacy Humes-Schulz Limiting Sovereign Immunity in the Age of Human Rights 21 Harvard Human Rights Journal 105 (Winter 2008) Ron Jones stopped for a cigarette outside a bookstore in central Riyadh on March 15, 2001, when a trash can exploded. His wounds and one-night hospital visit, however, were probably the least painful part of the nightmarish chapter of his life that then unfolded. From his hospital bed, Saudi officials seized and imprisoned Jones on suspicion that... 2008  
Whitney Austin Walstad Maine v. Johnson: a Step in the Wrong Direction for the Tribal Sovereignty of the Passamaquoddy Tribe and the Penobscot Nation 32 American Indian Law Review 487 (2007-2008) In August of 2007, the First Circuit Court of Appeals issued a decision in Maine v. Johnson. Declaring that regulation of pollutants by Indians into Indian waters was not within the scope of tribes' explicit authority over internal tribal matters, the First Circuit concluded that two tribes in Maine - the Passamaquoddy Tribe and the Penobscot... 2008 Yes
Jordan J. Paust Medellín, Avena, the Supremacy of Treaties, and Relevant Executive Authority 31 Suffolk Transnational Law Review 301 (Symposium 2008) I. Treaty-Based Obligations of the United States. 302 A. Obligations of the United States Under the United Nations Charter. 302 B. The Avena Judgment of the International Court of Justice. 306 II. Executive Execution. 307 A. The President's Decision. 307 B. The Legal Status and Effect of the Presidential Decision. 308 III. Constitutional... 2008  
José Gabilondo Monetizing Diaspora: Liquid Sovereigns and the Interest Convergence Around Worker Remittances 26 Penn State International Law Review 653 (Winter 2008) Larry Catá Backer raises two issues in his Article on law in a post-Soviet world on which I want to comment. First, Catá Backer considers the relationship between law and ethnos, which refers to the link between an aggregate of people and a country's territory. Law, he notes, can both strengthen and weaken a people's tie to a country's territory.... 2008  
John Quigley Must Treaty Violations Be Remedied?: a Critique of Sanchez-llamas v. Oregon 36 Georgia Journal of International and Comparative Law 355 (Winter, 2008) In Sanchez-Llamas v. Oregon, a 2006 case involving a treaty, the Supreme Court of the United States made the following statement: where a treaty does not provide a particular remedy, either expressly or implicitly, it is not for the federal courts to impose one on the States through lawmaking of their own. The proposition asserted in this... 2008  
Astrid S. Tuminez Neither Sovereignty Nor Autonomy: Continuing Conflict in the Southern Philippines 102 American Society of International Law Proceedings 122 (April 9-12, 2008) The southern Philippines, home to approximately four to five million Moros, has witnessed violent conflict for almost four decades. The Moros are a Muslim minority comprised of thirteen ethno-linguistic groups. Spanish colonialists who ruled the Philippines coined the term Moros because the Islamized peoples reminded them of their own Moors.... 2008  
Timothy K. Choy, University of California--Davis Neoliberalism as Exception: Mutations of Citizenship and Sovereignty Aihwa Ong (Durham: Duke University Press, 2007) 31 PoLAR: Political and Legal Anthropology Review 338 (November, 2008) Neoliberalism as Exception: Mutations of Citizenship and Sovereignty draws together 10 recent and new essays by Aihwa Ong on novel forms of neoliberal government in East and Southeast Asia. Engaging a variety of sites, actors, and practices, the essays share a concern with how working and living conditions are being transformed as states... 2008  
Robert DeLay Our Post-kyoto Treaty Climate Change Framework: Open Market Carbon-ranching as Smart Development 17 Penn State Environmental Law Review 55 (Fall 2008) Trees are right at the heart of all the necessary debates: ecological, social, economic, political, moral, religious. [B]eyond a doubt, most landscapes and the world in general would benefit from many, many more trees than there are now, and wholesale squandering of present-day forest seems like an act of suicide. Rebuilding the Atlantic Forest... 2008  
Richard J. Pierce, Jr. Outsourcing Is Not Our Only Problem 76 George Washington Law Review 1216 (August, 2008) Paul Verkuil's new book, Outsourcing Sovereignty, is an important contribution to the debate about the appropriate roles of public agencies and private contractors in governing the nation. Verkuil begins by tracing the modern history of the trend toward privatization of governmental functions from Iran Contra to private prisons, Katrina, and Iraq.... 2008  
Thomas B. McAffee Overcoming Lochner in the Twenty-first Century: Taking Both Rights and Popular Sovereignty Seriously as We Seek to Secure Equal Citizenship and Promote the Public Good 42 University of Richmond Law Review 597 (January, 2008) Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights constitutional decision-making. He contends that we should avoid both the undue literalism that rejects the idea of implied rights, as well as the attempt to substitute someone's preferred moral vision for the limits, and compromises, that are... 2008  
Dr. Sam Speck Panel Iii-the Boundary Waters Treaty and Protecting Freshwater Resources in North America 54 Wayne Law Review 1483 (Winter, 2008) The Boundary Waters Treaty (Treaty) provides the framework for the United States and Canada to work together on equal footing with respect to water issues along the boundary. The overriding purpose of the Treaty is to prevent and resolve disputes regarding the use of boundary waters by defining the rights of each country to use those shared waters.... 2008  
Frank Ettawageshik Panel Iii-the Boundary Waters Treaty and Protecting Freshwater Resources in North America 54 Wayne Law Review 1477 (Winter, 2008) Aanii. Hello. I wish to thank the sponsors of this event for the invitation to speak and to thank all those who have worked to organize and staff this event today. When preparing for a presentation like today's, I've been taught in our traditional councils and family gatherings to speak from the heart, to ask the creator for inspiration. What first... 2008  
Allen I. Olson Panel I-the Boundary Waters Treaty and Canada-u.s. Relations 54 Wayne Law Review 1461 (Winter, 2008) I appreciate the opportunity to participate in this Symposium. As a native North Dakotan who was born barely a stone's throw from the border with Manitoba, the notion of U.S.-Canada relations was deciding on which side of the border to hold our family reunions or whether to actually report to border authorities when visiting the other country. On a... 2008  
Irene B. Brooks Panel Iv-the Future of the Boundary Waters Treaty: Perspectives from Ngos and Business 54 Wayne Law Review 1491 (Winter, 2008) The International Joint Commission's (IJC) vision for the future of the Boundary Waters Treaty includes the increased participation of nongovernmental organizations, business, and other stakeholders. These remarks, which provide a preview of a report the IJC will release this March, focus on our International Watersheds Initiative, which features... 2008  
Max Stul Oppenheimer Patents, Taxes, and the Nuclear Option: Do We Need a "Tax Strategy Patent" Ban Treaty? 2008 University of Illinois Journal of Law, Technology and Policy Pol'y 1 (Spring 2008) Periodically, as industries discover that the patent statute applies to them, there are calls for industry-specific exemptions or special treatment. The tax planning industry is the latest to encounter the patent system, and has reacted according to the general pattern. The reaction is all the more understandable in this particular case, where tax... 2008  
Alexandra R. Harrington, Esq. Policing Against the State: United Nations Policing as Violative of Sovereignty 10 San Diego International Law Journal 155 (Fall 2008) I. Introduction. 156 II. Sovereignty Concepts. 158 III. Policing in U.N. Peacekeeping Missions. 159 A. What is U.N. Policing?. 159 B. U.N. Police Missions. 160 1. 1960s. 160 2. 1980s. 162 3. 1990s. 162 4. 2000-present. 172 IV. Problems with U.N. Policing. 179 A. Composition. 179 B. Function and Mission Fluctuation. 181 C. Training Issues. 182 D.... 2008  
Judith V. Royster Practical Sovereignty, Political Sovereignty, and the Indian Tribal Energy Development and Self-determination Act 12 Lewis & Clark Law Review 1065 (Winter 2008) This Article addresses the latest attempt by Congress to promote tribal self-determination through a statute designed to increase tribal control over energy resource development on Indian lands. The author begins with a brief history of the gradual transfer of control over tribal resources from the federal government to tribes. This shift in... 2008 Yes
David Kriewaldt Recent Treatment of the Challenges Clause in Cercla § 113(h) 3 Environmental & Energy Law & Policy Journal 169 (Summer 2008) Under section 113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), federal district courts have exclusive original jurisdiction over all cases arising under the Act with two exceptions. First, the District of Columbia Circuit Court of Appeals has exclusive original jurisdiction to review promulgated... 2008  
Joanna Doerfel Regulating Unsettled Issues in Latin America under the Treaty Powers and the Foreign Commerce Clause 39 University of Miami Inter-American Law Review 331 (Winter, 2008) I. The Federal Government's Powers to Regulate Extraterritorially. 335 a. The Foreign Commerce Clause. 335 b. The Necessary and Proper Clause. 337 II. Treaties Regulating Sex Tourism. 339 a. U.N. Convention on the Rights of the Child. 339 b. Optional Protocol to the Convention on the Rights of the Child, on the sale of Children, Child Prostitution... 2008  
Phillip M. Kannan Reinstating Treaty- Native American Tribes 16 William & Mary Bill of Rights Journal 809 (March, 2008) Mr. [President], tear down this wall! There is a wall that prevents Native American tribes and the United States from forming political partnerships under the Treaty Clause of the Constitution. It was created by a rider to the Indian Appropriation Act of 1871. The current text of the statute states, in part: [N]o Indian nation or tribe within the... 2008 Yes
Aman Pradhan Rethinking the Eleventh Amendment: Sovereign Immunity in the United States and the European Union 11 NYU Journal of Legislation and Public Policy 215 (2007-2008) State sovereign immunity first appeared in the United States Constitution in 1795. As stated in the Eleventh Amendment, [t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any... 2008  
Scott M. Sullivan Rethinking Treaty Interpretation 86 Texas Law Review 777 (March, 2008) I. Introduction. 779 II. The Importance of the Deference Question. 780 A. The Proliferation of Treaties in the Domestic Sphere. 781 B. The U.S. War on Terror . 782 1. Hamdan v. Rumsfeld. 782 2. The Military Commissions Act. 786 III. The Current Doctrine Is Insufficient. 786 A. The Doctrine of Treaty Interpretation at the Founding: Little... 2008  
Micah T. Zomer Returning Sovereignty to the Osage Nation: a Legislative Remedy Allowing the Osage to Determine Their Own Membership and System of Government 32 American Indian Law Review 257 (2007-2008) Osage Indians were once described as the first Indian millionaires . . . . Like most tribes within the United States, they were subject to shifts in American federal policy, from removal to assimilation to the current policy of self-determination. Although the tribe was subject to the same Assimilation Era policies that resulted in widespread... 2008  
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