| Author | Title | Citation | Summary | Year | Key Terms |
| Gregory S. Schneider , Gabriel J. Chin |
Double Trouble: Double Jeopardy's Dual Sovereignty Exception and State Immigration Statutes |
28 Arizona Journal of International and Comparative Law 363 (2011) |
On April 23, 2010, Arizona Governor Jan Brewer signed S.B. 1070 into law, igniting a national controversy about the law and immigration generally. Arizona's new law regulated noncitizens and their movement in and through the state, but in this respect it was hardly unique. For example, Arizona already had a statute criminalizing transporting... |
2011 |
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| Hayden W. Gregory |
Eleventh Amendment State Sovereign Immunity: Still a Free Pass to Ip Infringement? |
4 Landslide Landslide 2 (November/December, 2011) |
The series of Supreme Court decisions beginning with Atascadero State Hospital v. Scanlon in 1985 and culminating with College Savings Bank v. Florida Prepaid Postsecondary Education Expense Fund in 1999 left states well fortified against suits for intellectual property infringement. However, more recent court decisions have created some chinks in... |
2011 |
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| Lori Murphy |
Enough Rope: Why United States v. White Plume Was Wrong on Hemp and Treaty Rights, and What it Could Cost the Federal Government |
35 American Indian Law Review 767 (2010-2011) |
We have lived in poverty for so many years that it seems to be an accepted way of life. . . . We have to assert our sovereignty. Alex White Plume, Oglala Lakota It was on the Pine Ridge Reservation of the Oglala Sioux Nation that the U.S. army fired thousands of shots into four hundred Lakota people - mostly families - in December of 1890. This... |
2011 |
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| Rahim Moloo, Justin Jacinto |
Environmental and Health Regulation: Assessing Liability under Investment Treaties |
29 Berkeley Journal of International Law L. 1 (2011) |
In 2009, an American investor initiated a North American Free Trade Agreement (NAFTA) arbitration, Dow AgroSciences LLC v. Government of Canada, based on the theory that Québec's banning of pesticides containing an ingredient produced by the investor, 2,4-dichlorophenoxyacetic acid (2,4-D), violated the investor's right to fair and equitable... |
2011 |
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| Robert J. McCarthy |
Executive Authority, Adaptive Treaty Interpretation, and the International Boundary and Water Commission, U.s. -- Mexico |
14 University of Denver Water Law Review 197 (Spring, 2011) |
L1-2INTRODUCTION . R3198. A. An Anachronistic Agency. 198 B. Can't See the Statutes for the Treaties. 201 C. Gross Mismanagement, Imminent Catastrophe, and Plausible Deniability. 203 D. Executive Authority and Adaptive Treaty Interpretation. 206 II. THE BOUNDARY AND WATER TREATIES. 207 A. Treaty Sources. 207 B. Treaty of Guadalupe Hidalgo and... |
2011 |
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| David S. Rosettenstein |
Exit Costs - a New Paradigm for the Treatment of International Conflicts over Matrimonial Property Regimes? |
63 Oklahoma Law Review 751 (Summer, 2011) |
[To] assume a closed society is to make an abstraction which takes us (conceptually) too far away from actual societies. The significance of the state as a form of social order with the power to open and close its borders . . . makes it tempting to assume that societies can be divided along and distinguished using national boundaries. But the world... |
2011 |
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| James Thuo Gathii |
Food Sovereignty for Poor Countries in the Global Trading System |
57 Loyola Law Review 509 (Fall 2011) |
I would like to thank the Colloquia Committee of Loyola University College of Law for inviting me to give this year's Brendan Brown Lecture. I am honored to join a very distinguished list of prior lecturers. My lecture was inspired by my visit to the South Pacific on a United Nations mission in the summer of 2010. I travelled to Fiji, Vanuatu, and... |
2011 |
|
| Maggie Ellinger-Locke |
Food Sovereignty Is a Gendered Issue |
18 Buffalo Environmental Law Journal 157 (2010-2011) |
C1-3Table of Contents L1-2Abstract . R3158. I. Introduction. 158 II. Legal Regimes. 162 A. Green Revolution. 163 B. United States. 166 1. History. 166 2. Regulatory Framework. 167 C. International Regimes. 169 D. Farmers' Rights. 173 III. Food Security, Right to Food, Food Sovereignty. 175 A. Food Security. 176 B. The Right to Food. 179 C. Food... |
2011 |
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| Michael Gutman |
Foreign Sovereign Immunity: Is the Fsia Ineffective, or Is it Politics as Usual?, Samantar v. Yousuf, 130 S. Ct. 2278 (2010) |
23 Florida Journal of International Law 125 (April, 2011) |
Petitioner, Mohamed Ali Samantar (Samantar), was a high-ranking government official in Somalia in the early 1980s, and served as its Prime Minister from 1987 to 1990. In 2004, Respondents, native Somalians and members of the Isaaq clan, filed suit in the U.S. District Court for the Eastern District of Virginia pursuant to the Torture Victim... |
2011 |
|
| Alison McCormick |
From Sovereignty to Responsibility: an Emerging International Norm and its Call to Action in Burma |
18 Indiana Journal of Global Legal Studies 563 (Winter, 2011) |
[O]ur struggle for democracy is a struggle for our everyday life. This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues... |
2011 |
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| Madeline Gallo |
From Wood Treatment to Unequal Treatment: the Story of the St. Regis Superfund Site |
29 Law & Inequality: A Journal of Theory and Practice 175 (Winter 2011) |
The occupants of a neighborhood in Cass Lake, Minnesota await a cleanup of contamination left by the St. Regis Paper Company wood treatment plant (the St. Regis Site), which was closed over twenty years ago. Residents close to the plant are exposed to an increased risk of cancer and other diseases due to unsafe levels of pentachlorophenol, dioxin,... |
2011 |
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| Elena Schwieger |
Getting to Stay: Clarifying Legal Treatment of Improper Adoptions |
55 New York Law School Law Review 825 (2010/2011) |
Intercountry adoption cases often encounter legal and procedural irregularities. While some irregularities are intentional violations of intercountry adoption policies and national laws, many are unintentional mistakes arising from inaccuracies or inconsistencies common when working with international--and especially developing world--governments... |
2011 |
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| Lee C. Baxter |
Gonzales v. City of Bozeman: the Public Duty Doctrine's Unconstitutional Treatment of Government Defendants in Tort Claims |
72 Montana Law Review 299 (Summer 2011) |
With the ratification of its Constitution in 1972, Montana became the first and only state in the Union to abolish sovereign immunity through constitutional fiat. This enactment meant government entities in Montana were no longer immune from negligence suits. If a government actor injured an individual, the individual could gain redress. However,... |
2011 |
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| Justin B. Richland |
Hopi Tradition as Jurisdiction: on the Potentializing Limits of Hopi Sovereignty |
36 Law and Social Inquiry 201 (Winter, 2011) |
In this article I reconsider Hopi tradition as jurisdiction--reflexive moments of Hopi legal discourse that orient to the limits of Hopi sovereignty, even as they presuppose its power. 1 explore these themes in two significant moments of Hopi political history. First, I consider the uses of tradition in the creation of the contemporary Hopi tribe... |
2011 |
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| Soji John |
Improper Seizures by Sovereigns at Customs: Limiting Ec 1383/2003 Through the Effects Principle |
3 George Mason Journal of International Commercial Law 79 (Fall, 2011) |
On several recent occasions, European Union (EU) (formerly the European Community (EC)) customs officials seized generic pharmaceuticals at Union ports that non-EU manufacturers sought to transship to non-EU markets. In order to secure the release of these drugs, the manufacturers have had to recall the shipments rather than sending them... |
2011 |
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| Lucas B. Shaw, Robert D. Morgan |
Inmate Attitudes Toward Treatment: Mental Health Service Utilization and Treatment Effects |
35 Law and Human Behavior 249 (August, 2011) |
Abstract This study examined inmate attitudes toward treatment, mental health treatment utilization, and treatment effects that maximize treatment effectiveness. Participants consisted of 278 incarcerated male adult offenders from the Kansas Department of Corrections. Multiple linear regression analysis indicated that inmate attitudes toward... |
2011 |
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| Nathaniel Vargas Gallegos |
International Agricultural Pragmatics: an Inquiry of the Orthodox Economic Breakdowns and an Evaluation of Solutions with the Food Sovereignty Movement |
16 Drake Journal of Agricultural Law 429 (Fall, 2011) |
I. Introduction. 430 II. History, Treaties, and Organizations. 433 A. The 1948 UDHR Forward. 433 B. The Bretton Woods System. 436 C. World Trade Organization. 439 D. FAO & IFAD. 440 III. Economics and the Issues. 442 A. IFAD's Limitation to Development. 443 B. The FAO's Limitation on Agricultural Reform. 444 C. The U.S. and Food Security's... |
2011 |
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| Chad Zadrazil |
Ireland and the Eu: How Ireland's Evolving Concerns about Sovereignty May Hold the Fate of the European Union |
29 Wisconsin International Law Journal 170 (Spring 2011) |
This comment analyzes the development of the Republic of Ireland's unique and disproportionate significance concerning the European Union's constitutional ambitions. It argues that despite Ireland being one of the smallest member states of the European Union, its evolving concerns about sovereignty and unique legal requirements have given Ireland... |
2011 |
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| Marnie E. Rice, Grant T. Harris , Mental Health Centre Penetanguishene, Ontario, Canada |
Is Androgen Deprivation Therapy Effective in the Treatment of Sex Offenders? |
17 Psychology, Public Policy, and Law 315 (May, 2011) |
We review the effects of androgen deprivation on the sexual behavior of human males. Although eunuchs have existed in many cultures over the last 4,000 years, there is scant detailed and specific information in the historical record about castration status and sexual behavior. From the literature on modern-day eunuchs who are not sex offenders, we... |
2011 |
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| Rebecca Crootof |
Judicious Influence: Non-self-executing Treaties and the Charming Betsy Canon |
120 Yale Law Journal 1784 (May, 2011) |
Despite their seeming impotency, non-self-executing treaties play an important role in domestic jurisprudence. When a statute permits more than one construction, judges have a number of interpretive tools at their disposal. One of these is the Charming Betsy canon, which encourages judges to select an interpretation of an ambiguous statute that... |
2011 |
|
| Dr. Thomas White, J.D., Ph.D. |
Limitations Imposed on the Dual Sovereignty Doctrine by Federal and State Governments |
38 Northern Kentucky Law Review 173 (2011) |
Because the dual sovereignty doctrine permits multiple prosecutions of an individual by state and federal governments for essentially the same conduct, the increasing federalization of criminal law has marginalized much of the double jeopardy protection afforded by the Constitution. The Supreme Court's admonitions to the federal government to... |
2011 |
|
| P.G. McHugh, Sidney Sussex College, University of Cambridge |
Lisa Ford, Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788-1836. Cambridge, Mass.: Harvard University Press, 2010. Pp. 324. $49.95 (Isbn 878-0-674-03565-2) |
29 Law and History Review 313 (February, 2011) |
Lisa Ford has written an important and readable history of the role of law in the transition from an imperial setting to an early national one in which the authority of the Anglo settler polity is consolidating and intensifying its juridical command over its territory and inhabitants. The settings are the state of Georgia and the British colony of... |
2011 |
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| Penny M. Venetis |
Making Human Rights Treaty Law Actionable in the United States: the Case for Universal Implementing Legislation |
63 Alabama Law Review 97 (2011) |
Introduction. 98 I. Human Rights Treaties Ratified by the United States Are Not Enforceable. 99 A. American Exceptionalism. 99 B. U.S. RUDs to Human Rights Treaties Have Attracted Considerable Criticism Globally and Domestically. 103 C. Non-Self-Executing RUDs to Human Rights Treaties Have Attracted the Most Criticism. 106 D. Medellín v. Texas:... |
2011 |
|
| Katherine Florey |
Making Sovereigns Indispensable: Pimentel and the Evolution of Rule 19 |
58 UCLA Law Review 667 (February, 2011) |
Though Federal Rule of Civil Procedure 19 might appear to be one of the more esoteric of the Federal Rules, it is actually an exceptionally powerful device: It permits defendants to obtain dismissal of cases over which the court has valid jurisdiction, even when no other forum exists in which the action can be brought. This Article argues that,... |
2011 |
|
| Kyle Hatton , Katharina Pistor |
Maximizing Autonomy in the Shadow of Great Powers: the Political Economy of Sovereign Wealth Funds |
50 Columbia Journal of Transnational Law L. 1 (2011) |
Sovereign wealth funds (SWFs) have received a great deal of attention since they appeared as critical investors during the global financial crisis. Reactions have ranged from fears of state intervention and mercantilism to hopes that SWFs will emerge as model long-term investors that will take on risky investments in green technology and... |
2011 |
|
| Susan E. Hauser |
More than Abstract Justice: the Defense of Marriage Act and the Equal Treatment of Same-sex Married Couples under Section 302(a) of the Bankruptcy Code |
85 American Bankruptcy Law Journal 195 (Summer 2011) |
[C]ities, states and the Federal Government must exercise their powers so as not to discriminate between their inhabitants except upon some reasonable differentiation fairly related to the object of regulation. This equality is not merely abstract justice. Section 302(a) of the Bankruptcy Code allows an individual debtor and his or her spouse to... |
2011 |
|
| William L. Saunders |
Neither by Treaty, Nor by Custom: Through the Doha Declaration, the World Rejects Claimed International Rights to Abortion and Same-sex Marriage, Affirming Traditional Understandings of Human Rights |
9 Georgetown Journal of Law and Public Policy 67 (Winter, 2011) |
Introduction. 68 I. Emerging Trends in Public International Law. 73 A. Treaty and Custom. 73 B. Two Views on Determining What Constitutes Customary International Law: The Classical and the Bold. 77 II. International Law and Life, Marriage, and the Traditional Family. 82 A. The Language of the Foundational Human Rights Documents. 82 B. Opposition:... |
2011 |
|
| Jenifer Mackby |
Nonproliferation Verification and the Nuclear Test Ban Treaty |
34 Fordham International Law Journal 697 (April, 2011) |
INTRODUCTION. 697 I. PREVIOUS EFFORTS. 701 II. VERIFICATION OF THE CTBT. 707 III. PROPONENTS AND OPPONENTS OF THE TREATY. 716 IV. THE SCOPE OF THE TREATY. 719 V. BRIEF HISTORY OF NUCLEAR TESTING. 723 VI. HOW MUCH VERIFICATION?. 724 VII. ENTRY INTO FORCE. 726 CONCLUSION. 732 |
2011 |
|
| Charles J. Moxley Jr. , John Burroughs , Jonathan Granoff |
Nuclear Weapons and Compliance with International Humanitarian Law and the Nuclear Non-proliferation Treaty |
34 Fordham International Law Journal 595 (April, 2011) |
INTRODUCTION. 598 I. INTERNATIONAL HUMANITARIAN LAW . 602 A. Nuclear Weapons Facts Relevant to the Application of International Humanitarian Law. 603 B. Scope of International Humanitarian Law. 606 C. Main Corpus of International Humanitarian Law. 609 D. Applicability of International Humanitarian Law to Nuclear Weapons. 610 E. Summary of the Main... |
2011 |
|
| Valerie K. Mitchell |
Protecting Non-us Citizens from Removal Terminating Hiv/aids Treatment |
34 Fordham International Law Journal 1620 (June, 2011) |
INTRODUCTION. 1621 I. REMOVAL OF NON-CITIZENS WITH HIV/AIDS AND INTERNATIONAL RESPONSE. 1626 A. The HIV/AIDS Epidemic. 1627 B. International Documents. 1631 C. D. v. United Kingdom. 1634 D. N. v. United Kingdom. 1637 E. Andrea Mortlock. 1639 II. PROTECTIONS FROM REMOVAL OF NON-US CITIZENS WITH HIV/AIDS. 1644 A. Obstacles to US Citizenship. 1645 B.... |
2011 |
|
| Erin Creegan |
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Treatment of Terrorist Combatants (Protocol Iv)--a Proposal |
41 California Western International Law Journal 345 (Spring 2011) |
I. Introduction. 346 II. The Law of Armed Conflict and the Geneva Conventions. 349 A. The Geneva Conventions of 1949 and their Precursors. 350 B. The Additional Protocols. 360 III. Terrorism and the Law of Armed Conflict. 366 A. The Problem of Military Engagement with Terrorists. 366 B. Legal Confusion. 371 IV. A New Law of War for a New Age. 375... |
2011 |
|
| John Yoo |
Rational Treaties: Article Ii, Congressional-executive Agreements, and International Bargaining |
97 Cornell Law Review Rev. 1 (November, 2011) |
Introduction. 1 I. The Struggle over Instruments. 4 II. Treaties as the Settlement of International Crises. 11 A. Conflict as Bargaining Failure. 14 B. Incomplete Information and Settlement. 17 C. Conflict as a Commitment Problem. 21 III. International Agreements and the U.S. Constitution. 23 A. Choice of Instruments as Informational Signals. 25 B.... |
2011 |
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| Helena Traner |
Resolving Arctic Sovereignty from a Scandinavian Perspective |
44 Case Western Reserve Journal of International Law 497 (2011) |
Smaller Scandinavian states are at a distinct disadvantage as a result of the current framework governing the Arctic. In order to better preserve their interests in the environment, the rights of their indigenous groups, and their security interests, these states should lead the push to develop a working group within the Arctic Council with a view... |
2011 |
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| Evelyn Ma |
Scholarly Chinese Legal Works in the Vernacular: a Selective Topical Treatise Finder (Part I) |
39 International Journal of Legal Information 295 (Winter 2011) |
The number of Chinese legal scholarly publications has grown dramatically in the last ten years as the Chinese government legislature churned out an expansive body of law, with an impressive proliferation of print treatises and web-based legal information in the vernacular. This article offers a sampling of legal scholars and their treatises. It is... |
2011 |
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| Katherine Mims Crocker |
Securing Sovereign State Standing |
97 Virginia Law Review 2051 (December, 2011) |
Introduction. 2052 I. Background: Understanding State Standing. 2054 A. Goals of Standing and Doctrinal Sketch. 2054 B. Evolving Interests: The Supreme Court's Shifting State Standing Doctrine. 2055 1. Proprietary Interests. 2056 2. Sovereign Interests. 2056 a. What Are Sovereign Interests?. 2056 b. The Road to Supreme Court Acceptance. 2057 c. The... |
2011 |
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| Gregory Bradford |
Simplifying State Standing: the Role of Sovereign Interests in Future Climate Litigation |
52 Boston College Law Review 1065 (May, 2011) |
Abstract: As Congress has yet to enact a comprehensive legislative framework to address climate change, environmental advocates have increasingly turned to the judiciary to push for the regulation of greenhouse gas emissions. Some lawsuits have been brought against the federal government, but others have been brought against private entities under... |
2011 |
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| Major Winston G. McMillan |
Something More than a Three-hour Tour: Rules for Detention and Treatment of Persons at Sea on U.s. Naval Warships |
2011-FEB Army Lawyer 31 (February, 2011) |
Maritime forces will work with others to ensure an adequate level of security and awareness in the maritime domain. In doing so, transnational threats-- terrorists and extremists; proliferators of weapons of mass destruction; pirates; traffickers in persons, drugs, and conventional weapons; and other criminals--will be constrained. United States... |
2011 |
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| Leslie R. Masterson , U.S. Bankruptcy Court (E.D. Texas), Plano, Texas, leslie_masterson@txeb.uscourts.gov |
Sovereign Citizens: Fringe in the Courtroom |
30-MAR American Bankruptcy Institute Journal J. 1 (March, 2011) |
Bankruptcy is serious business. With increasing frequency, courtrooms are invaded by desperate individuals who have armed themselves with elaborate petitions, motions and other documents that deny the authority of state and federal governments. This article surveys some of the more common arguments presented in bankruptcy cases involving sovereign... |
2011 |
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| Jonathan B. Potts |
Stabilizing the Role of Umbrella Clauses in Bilateral Investment Treaties: Intent, Reliance, and Internationalization |
51 Virginia Journal of International Law 1005 (Summer 2011) |
Introduction. 1006 I. Historical Considerations. 1008 II. The Split Among ICSID Tribunals. 1011 A. Restrictive Interpretations. 1012 1. SGS v. Pakistan. 1012 2. Joy Mining v. Egypt. 1015 3. El Paso v. Argentina. 1016 4. Hamester v. Ghana. 1018 B. Expansive Interpretations. 1019 1. SGS v. Philippines. 1019 2. CMS v. Argentina. 1022 3. Noble Ventures... |
2011 |
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| Thomas Moers Mayer |
State Sovereignty, State Bankruptcy, and a Reconsideration of Chapter 9 |
85 American Bankruptcy Law Journal 363 (Fall, 2011) |
In 2006, Carol Anne Bond, a Philadelphia suburbanite, discovered that her husband had impregnated her close friend Myrlinda Haynes. Ms. Bond harassed Ms. Haynes, threatened her life, and finally stole from her employer (a chemical company) the deadly poison 10-chloro10H-phenoxarsine, which Ms. Bond rubbed on various surfaces Ms. Haynes might... |
2011 |
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| Court E. Golumbic, Jonathan P. Adams |
The "Dominant Influence" Test: the Fcpa's "Instrumentality" and "Foreign Official" Requirements and the Investment Activity of Sovereign Wealth Funds |
39 American Journal of Criminal Law L. 1 (Fall 2011) |
I. Introduction. 2 II. The Foreign Corrupt Practices Act. 5 A. The SEC Investigation and the Enactment of the FCPA. 5 1. The 1988 Amendments. 10 2. The 1997 OECD Convention & 1998 FCPA Amendments. 12 B. Statutory Analysis of the FCPA. 14 1. Anti-Bribery Provisions. 14 2. Accounting Provisions. 17 3. Penalties. 18 C. FCPA Enforcement. 19 1. History... |
2011 |
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| Daniel S. Margolies |
The "Ill-defined Fiction" of Extraterritoriality and Sovereign Exception in Late Nineteenth Century U.s. Foreign Relations |
40 Southwestern Law Review 575 (2011) |
In the last three decades of the nineteenth century, United States foreign policy utilized significantly elastic approaches to issues of extraterritorial jurisdiction as part of a long-term and focused drive toward establishing overseas empire. While assertively consolidating rising economic, military, corporate, and ideological power in service to... |
2011 |
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| Kent A. Kiehl , Morris B. Hoffman |
The Criminal Psychopath: History, Neuroscience, Treatment, and Economics |
51 Jurimetrics Journal 355 (Summer, 2011) |
ABSTRACT: The manuscript surveys the history of psychopathic personality, from its origins in psychiatric folklore to its modern assessment in the forensic arena. Individuals with psychopathic personality, or psychopaths, have a disproportionate impact on the criminal justice system. Psychopaths are twenty to twenty-five times more likely than... |
2011 |
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| Steven B. Dow |
The Eleventh Amendment and Corrections Litigation: the Impact of Sovereign Immunity on the Religious Land Use and Institutionalized Persons Act |
37 New England Journal on Criminal and Civil Confinement 247 (Summer 2011) |
If history is at all useful as a guide to the future, a federal law protecting the religious practices of prisoners is here to stay, in one form or another. The initial version, the Religious Freedom Restoration Act of 1993 (RFRA), was enacted in response to the Supreme Court's 1990 decision in Employment Division v. Smith, which significantly... |
2011 |
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| Laurel Pyke Malson, Katherine Nesbitt, Aryeh Portnoy, Birgit Kurtz, John Murino, Joshua Dermott, Beth Goldman, Arash Jahanian, Marguerite Walter And Howard Yuan |
The Foreign Sovereign Immunities Act: 2009 Year in Review |
17 Law & Business Review of the Americas 39 (Winter 2011) |
INTRODUCTION: THE FSIA IN 2009. 40 I. A BRIEF HISTORY OF THE FSIA. 41 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES AND INSTRUMENTALITIES. 42 A. What Is a Foreign State?. 42 1. Entities That Qualified as a Foreign State or Agency or Instrumentality of a Foreign State. 43 2. Individual Foreign Officials. 44 B.... |
2011 |
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| Crowell & Moring LLP |
The Foreign Sovereign Immunities Act: 2010 Year in Review |
17 Law & Business Review of the Americas 637 (Fall 2011) |
INTRODUCTION: THE FSIA IN 2010. 639 I. A BRIEF HISTORY OF THE FSIA. 640 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES, AND INSTRUMENTALITIES. 641 A. What Is a Foreign State?. 642 1. Foreign Consulate--Foreign State. 642 2. Former Officials--Not Foreign States. 642 a. After Samantar. 644 b. Proposed Legislation.... |
2011 |
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| Mariana Valverde |
The Honour of the Crown Is at Stake: Aboriginal Land Claims Litigation and the Epistemology of Sovereignty |
1 UC Irvine Law Review 955 (September, 2011) |
I. Knowledge Formats and the Performativity of Narratives. 957 II. Authentic Aboriginal Peoples and Authoritative Judicial Anthropology. 963 III. Refurbishing the Crown. 965 IV. Conclusion: Multiculturalism, Reconciliation, and the Refurbished Crown. 971 |
2011 |
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| Patrick McKinley Brennan |
The Individual Mandate, Sovereignty, and the Ends of Good Government: a Reply to Professor Randy Barnett |
159 University of Pennsylvania Law Review 1623 (June, 2011) |
Introduction. 1623 I. Setting the Constitutional Doctrinal Context. 1625 II. Multiplying Sovereigns. 1631 III. Making Some Sense of Sovereignty. 1637 IV. Transforming the Politico-Legal Culture Away from Competing Sovereigns . 1641 V. Questions More Fundamental than Assertions of Sovereignty . 1645 |
2011 |
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| Daniel Heilmann |
The International Control of Illegal Drugs and the U.n. Treaty Regime: Preventing or Causing Human Rights Violations? |
19 Cardozo Journal of International and Comparative Law 237 (Spring 2011) |
I. Initial Considerations. 238 II. The International Drug Control System. 239 A. International Drug Control Law. 239 1. International Drug Control Efforts before 1960. 240 2. Single Convention on Narcotic Drugs (1961) as amended by the Protocol (1972). 244 3. Convention on Psychotropic Substances (1971). 246 4. United Nations Convention Against... |
2011 |
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| Jennifer R. Donnelly |
The Need for Ibogaine in Drug and Alcohol Addiction Treatment |
32 Journal of Legal Medicine 93 (January-March, 2011) |
Clearly, in a world devastated by addictions to alcohol, cocaine, heroin, amphetamines, methadone, and nicotine, with all the accompanying death, disease and crime, in a society where dysfunctional behavior is the rule rather than the exception, in a humanity hungering to reconnect with God, ibogaine has profound implications. Samantha Jones... |
2011 |
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