AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Alina M. Perez , Kathy L. Cerminara La Caja De Pandora: Improving Access to Hospice Care among Hispanic and African-american Patients 10 Houston Journal of Health Law & Policy 255 (Spring 2010) It has been said that end-of-life medical treatment options represent the ultimate Pandora's Box. This metaphor depicts the process most patients face upon learning they are facing terminal illnesses. Many patients, when first learning about their diagnoses and prognoses, will seek more information about the illness and try every available... 2010  
Richard J. Ross, University of Illinois College of Law and History Department Lauren Benton, a Search for Sovereignty: Law and Geography in European Empires, 1400-1900, Cambridge: Cambridge University Press, 2010. Pp. 356. $25.99 Paper (Isbn 978-0-521-70743-5); $85.00 Cloth (Isbn 978-0-521-88105-0). Doi: 10.1017/s0738248010001008 28 Law and History Review 1113 (November, 2010) Lauren Benton's deeply imaginative monograph rethinks the relationship between law, geography, and jurisdictional politics in European overseas empires. A Search for Sovereignty takes a global approach, ranging widely over the French, Portuguese, and especially the Spanish and British empires between the fifteenth and nineteenth centuries. She... 2010  
Matthew McKinney, Ph.D. , Lorie Baker, April M. Buvel, Andy Fischer, Dana Foster, Christine Paulu Managing Transboundary Natural Resources: an Assessment of the Need to Revise and Update the Columbia River Treaty 16 Hastings West-Northwest Journal of Environmental Law, Policy 307 (Summer 2010) I. Introduction. 308 A. Historical Perspective. 308 B. Purpose and Methods. 311 II. Performance to Date. 312 A. What is Working?. 312 B. Drivers of Change. 313 1. Ecosystem Health. 313 2. Expectations for Public Participation. 314 3. Tribal Rights. 315 4. Population Growth. 317 5. Climate Change. 318 6. Recreation. 318 III. Prospects for the... 2010  
Captain Robert D. Hodges Medical Treatment for Foreign Nationals: Another Coin of the Realm 2010-MAY Army Lawyer 52 (May, 2010) While judge advocates practicing administrative law in a deployed environment share many of the processes and problems familiar to their CONUS colleagues, several topics do not have corollaries in garrison. While advising investigating officers and providing miscellaneous legal advice are the bread and butter of a deployed administrative law shop,... 2010  
Eugenia Pyntikova Mental Illness in Immigration Detention Facilities: Searching for the Rights to Receive & Refuse Treatment 25 Georgetown Immigration Law Journal 151 (Fall, 2010) This note argues that the rights for mentally disabled migrants in the US to a) receive essential treatment and b) refuse treatment deemed necessary by immigration authorities in immigration detention are insufficiently robust, especially given that such detention is administrative and not criminal. Although these rights are explicitly stated in... 2010  
John Witte, Jr. Natural Rights, Popular Sovereignty, and Covenant Politics: Johannes Althusius and the Dutch Revolt and Republic 87 University of Detroit Mercy Law Review 565 (Summer 2010) I. The Dutch Revolt. 566 II. The Work of Johannes Althusius. 573 III. Natural Law, Common Law, and Positive Law. 578 IV. Religious and Social Rights and Liberties. 591 A. Religious Rights and Liberties. 592 B. Social Rights and Liberties. 597 V. Society and Politics. 602 A. Private Associations. 605 B. Political Associations. 608 C. Church and... 2010  
Sofia Moratti, J.D., D.Phil. Non-treatment Decisions on Grounds of "Medical Futility" and "Quality of Life": Interviews with Fourteen Dutch Neonatologists 26 Issues in Law and Medicine Med. 3 (2010) ABSTRACT: This essay opens with background information about the concept of medical futility and the regulation of non-treatment decisions in Dutch neonatology. The regulations include a list of criteria for predicting the baby's future quality of life. The second part presents the findings from interviews with fourteen Dutch neonatologists on... 2010  
Barry A. Fisher Notes from the World War Ii Redress Trenches: the Disparate Treatment of Victims East and West 32 Loyola of Los Angeles International and Comparative Law Review 95 (Winter 2010) As the twentieth century ended, Japan's former wartime allies, Germany and Austria, along with the principal Swiss banks, made efforts to close the historical book on their stained pasts. They settled the remaining claims of Holocaust victims for some $7 billion, with acknowledgments and apologies for their past misdeeds. These settlements were the... 2010  
Bonnie A. Malloy On Thin Ice: How a Binding Treaty Regime Can Save the Arctic 16 Hastings West-Northwest Journal of Environmental Law, Policy 471 (Summer 2010) I. Introduction. 472 II. The Weather Stations of the World. 475 A. The Arctic Environment. 475 B. Antarctica's Environment. 478 III. Existing Legal Framework. 481 A. The Legal Regime in the Arctic. 481 1. Jurisdiction and Sovereignty. 482 2. Fisheries Management, Pollution, and Environmental Protection. 484 B. The Legal Regime in the Antarctic. 488... 2010  
Katy Lum One Fish, Two Fish: Suggestions for the Treatment of Hatchery Fish under the Endangered Species Act 37 Ecology Law Quarterly 561 (2010) Although conservation groups and fishing industries alike have relied on salmon hatcheries to slow the dramatic decline in salmon and steelhead species since the nineteenth century, the proper place of hatchery-raised salmon under the Endangered Species Act remains uncertain. When the hatchery and wild fish intermix, genetic and behavioral... 2010  
Sarah E. Heck , Mary J. Hoeller , Attorney at Law, Brownsburg, Ind., sarah@sarahhecklaw.com, Attorney at Law, Indianapolis, Ind., mary@attorneyhoeller.com Physician Orders for Life-sustaining Treatment -- the New Living Will? 53-APR Res Gestae 40 (April, 2010) For years attorneys have included health care advanced directives (commonly called living wills) in their standard package of estate planning documents offered to clients. The effectiveness of living wills is now being questioned by some attorneys, who argue that they are rarely enforced, do little to affect patient care, and can even be... 2010  
Carrie R. Woolley Piracy and Sovereign Rights: Addressing Piracy in the Straits of Malacca Without Degrading the Sovereign Rights of Indonesia and Malaysia. 8 Santa Clara Journal of International Law 447 (2010) In 1958, the international community convened to address legal issues concerning the high seas, including piracy, at the Geneva Convention on the High Seas. The Geneva Convention provided the foundation for the definition of piracy found in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS codified customary international... 2010  
Ryan T. Mrazik, Andrew I. Schoenholtz , Institute for the Study of International Migration, Georgetown University Protecting and Promoting the Human Right to Respect for Family Life: Treaty-based Reform and Domestic Advocacy 24 Georgetown Immigration Law Journal 651 (Summer, 2010) This article examines the right to respect for family life in international law, focusing on its underlying principles and explicit protections. The article identifies these legal norms so that drafters of international treaties, specifically the International Migrants Bill of Rights, and United States legal practitioners representing immigrant... 2010  
Lee C. Buchheit , G. Mitu Gulati Responsible Sovereign Lending and Borrowing 73-FALL Law and Contemporary Problems 63 (Fall 2010) I. Introduction. 64 A. Sovereign Debt and the Law. 65 B. The Current Debate. 66 1. Emotive Issues. 66 2. Prosaic Issues. 68 II. Unique Features of Sovereign Debt. 69 A. Intergenerational Tensions. 69 B. Government Officials as Agents. 70 C. Mixed Motivations of Certain Lenders. 71 D. The Absence of a Formal Bankruptcy Mechanism. 72 E. The Sovereign... 2010  
Erika M. Lopes Seeking Accountability and Justice for Torture Victims: the Hurdle of the Foreign Sovereign Immunities Act in Suing Foreign Officials under the Torture Victims Protection Act 6 Seton Hall Circuit Review 389 (Spring, 2010) I. L2-3,T3Introduction 390. II. L2-3,T3The Development of the Sovereign Immunity Doctrine and its Codification by the FSIA 395. A. Nineteenth Century Origins of the Concept of Sovereign Immunity in The Schooner Exchange v. McFaddon. 396 B. The Supreme Court's Move From Absolute Immunity to Restrictive Immunity in the Twentieth Century. 398 C. The... 2010  
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