AuthorTitleCitationSummaryYearKey Terms
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  
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  
David Benavides, Ryan Golten Righting the Record: a Response to the Gao's 2004 Report Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico 48 Natural Resources Journal 857 (Fall, 2008) In 2004, the U.S. General Accounting Office (GAO) issued a Report entitled Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico (GAO Report), in which it analyzed whether the federal government violated any legal duties to community land grant heirs in New Mexico following the... 2008  
Rômulo Silveira da Rocha Sampaio Seeing the Forest for the Treaties: the Evolving Debates on Forest and Forestry Activities under the Clean Development Mechanism Ten Years after the Kyoto Protocol 31 Fordham International Law Journal 634 (February, 2008) The direct and formal relationship between unsustainable forestry practices and global climate change goes back at least to the late 1970s. Since the Declaration of the World Climate Conference in 1979, the international community has acknowledged that deforestation and changes in land use, such as agricultural and pastoral practices, are... 2008  
Curtis A. Bradley Self-execution and Treaty Duality 2008 Supreme Court Review 131 (2008) Pursuant to Article II of the Constitution, the President has the power to make treaties with the advice and consent of two-thirds of the Senate, and these treaties uncontroversially become binding on the United States as a matter of international law. The status of such treaties within the U.S. legal system is less clear. The Supremacy Clause... 2008  
Matthew A. Melone Should the United States Tax Sovereign Wealth Funds? 26 Boston University International Law Journal 143 (Fall 2008) I. Introduction. 144 II. Sovereign Wealth Funds: An Overview. 147 A. Fund Objectives. 151 B. Domestic Fiscal and Monetary Policy Implications. 154 C. International Monetary Implications. 157 D. Criticism of Sovereign Wealth Funds. 161 1. Opacity and Politicization of Investments. 162 2. Reform Proposals. 166 3. National Security Concerns. 169... 2008  
Anna A. Kornikova Solving the Problem of Tax-treaty Shopping Through the Use of Limitation on Benefits Provisions 8 Richmond Journal of Global Law and Business 249 (Winter 2008) In 2007, the United States signed double taxation conventions (DTCs) with Iceland and Bulgaria, as well as a protocol to the 1980 Canada-U.S. DTC. A common feature of these instruments is a comprehensive Limitation on Benefits (LOB) provision, which ensures that treaty benefits flow only to residents of the United States and the other treaty... 2008  
Katherine Florey Sovereign Immunity's Penumbras: Common Law, "Accident," and Policy in the Development of Sovereign Immunity Doctrine 43 Wake Forest Law Review 765 (Winter 2008) Even as the doctrine has been the subject of withering criticism by academics, sovereign immunity has come to play new and larger roles in American law. The most familiar of these developments is the Supreme Court's controversial holding that the Constitution prohibits suits against unconsenting states --a development that continues to reverberate... 2008  
Lucian C. Martinez, Jr. Sovereign Impunity: Does the Foreign Sovereign Immunities Act Bar Lawsuits Against the Holy See in Clerical Sexual Abuse Cases? 44 Texas International Law Journal 123 (Winter 2008) This paper examines the applicability of the Foreign Sovereign Immunities Act (FSIA) to the Holy See in the context of civil suits filed in the U.S. alleging sexual abuse by Catholic clergy and members of religious orders. The cases raise significant issues, not only because of the underlying nature of the claims, but perhaps more importantly... 2008  
Paul Rose Sovereigns as Shareholders 87 North Carolina Law Review 83 (December, 2008) This Article considers the increasing impact of equity investments made by sovereign wealth funds. Observers have increasingly viewed sovereign investments with a high degree of suspicion due to the potential for the investments to be used as political tools rather than traditional investment vehicles. While this risk is considerable, much of the... 2008  
Robert L. Tsai Sovereignty as Discourse 25 Constitutional Commentary 157 (Spring 2008) Studies of language and its relationship to democratic constitutionalism have yielded a number of insights, but major contributions have been harder to come by. This may be partially explained by the multiplicity of disciplines from which a theorist might draw to investigate this nexus. It might also be attributed to the varying degrees of... 2008  
Robert Joseph Renaud, Lael Daniel Weinberger Spheres of Sovereignty: Church Autonomy Doctrine and the Theological Heritage of the Separation of Church and State 35 Northern Kentucky Law Review 67 (2008) The phrase separation of church and state is not explicitly mentioned anywhere in the U.S. Constitution. However, the principle of church/state separation is implicitly embodied in its First Amendment by not allowing the federal government to establish a national church as well as by recognizing the people's freedom to worship according to the... 2008  
Gerard Lyons State Capitalism: the Rise of Sovereign Wealth Funds 14 Law & Business Review of the Americas 179 (Winter, 2008) Sovereign Wealth Funds (SWFs) have existed since 1953 and are here to stay. Their size and influence is set to grow. Already valued around $2.2 trillion, on current trends they could even reach $13.4 trillion in a decade. Here I provide a comprehensive and up to date analysis of SWFs, detailing the largest 22, what drives them and their likely... 2008  
Jennifer L. Fessler, Esq. State Sovereign Immunity and Intellectual Property: an Evaluation of the Trademark Remedy Clarification Act's Attempt to Subject States to Suit in Federal Court for Trademark Infringements under the Lanham Act 3 Southern New England Roundtable Symposium Law Journal 49 (2008) States and state institutions actively participate in the trademark system, and maintain all the benefits of that system while escaping the limitations. For example, state universities hold rights to a massive amount of trademarks, and as such they have all the rights of a trademark plaintiff but avoid the liability of a trademark defendant. This... 2008  
Nicholas Dernik State Sovereign Immunity: States Use the Federal Patent Law System as Both a Shield and a Sword 8 John Marshall Review of Intellectual Property Law 134 (Fall, 2008) In the 1998 action film, Armageddon, Billy Bob Thornton's character, NASA Executive Director Truman, charges Bruce Willis's character, Oil Driller Harry Stamper, with saving the world. Truman has recruited Stamper to save the planet from an impending collision with an asteroid. Truman takes Stamper to the drill rig that NASA's Design Engineer,... 2008  
C. Raj Kumar State Sovereignty and Regional Autonomy in India: Human Rights and Governance Perspectives 102 American Society of International Law Proceedings 118 (April 9-12, 2008) The assertion of state sovereignty and the equally powerful notion of achieving regional autonomy are subject to intense debates internationally and in many countries. The traditional notion of sovereignty provides a framework for countries to govern themselves and is based on the principle of noninterference of one country in another country's... 2008  
Audra Simpson Subjects of Sovereignty: Indigeneity, the Revenue Rule, and Juridics of Failed Consent 71-SUM Law and Contemporary Problems 191 (Summer 2008) This article is an anthropological examination of the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases... 2008  
Daniel R. Dinger Successive Interviews and Successful Prosecutions: the Interplay of the Sixth Amendment Right to Counsel and the Dual Sovereignty Doctrine in a Post-cobb World 40 Texas Tech Law Review 917 (Summer, 2008) An unavoidable reality of our nation's judicial system is that a decision by an appellate court often creates as many questions as the opinion purports to answer. On occasion the court intends, or at the very least recognizes, the unavoidability of that very result, but more often than not the facts of a later case differ from the first such that... 2008  
Edward T. Swaine Taking Care of Treaties 108 Columbia Law Review 331 (March, 2008) The United States's legal capacity to cure breaches of its international obligations appears deeply unsatisfactory. Adverse decisions by international tribunals are unlikely to have direct domestic effect, and treaties and domestic legislation rarely address domestic remedies for international breaches; the President's foreign affairs powers are... 2008  
B. Timothy Heinmiller The Boundary Waters Treaty and Canada-u.s. Relations in Abundance and Scarcity 54 Wayne Law Review 1499 (Winter, 2008) I. Introduction. 1499 II. International Conflict Management Function of the Boundary Waters Treaty. 1500 A. Conflict in the Great Lakes Region. 1501 B. Conflict in the Prairie Region. 1502 1. Creation of the International Joint Commission. 1503 2. Assignment of Quasi-Judicial Powers. 1504 3. Assignment of Arbitral Powers. 1505 4. Assignment of... 2008  
Robert V. Wright The Boundary Waters Treaty: a Public Submission Process Would Increase Public Participation, Accountability, and Access to Justice 54 Wayne Law Review 1609 (Winter, 2008) I. Introduction. 1609 II. The Status Quo. 1610 A. The Treaty. 1610 B. Public Participation and the IJC. 1611 III. Modern Approach. 1612 A. NeedGLWQA Review. 1613 1. IJC's Special Report. 1613 2. Final Agreement Review Report by the Binational Executive Committee. 1615 B. A Modern ApproachAarhus Convention Principles. 1617 IV. A Model Public... 2008  
Noah D. Hall The Centennial of the Boundary Waters Treaty: a Century of United States-canadian Transboundary Water Management 54 Wayne Law Review 1417 (Winter, 2008) I. Introduction. 1418 II. A Brief History and Overview of the Boundary Waters Treaty. 1419 III. The Direct Progeny of the Boundary Waters Treaty. 1422 A. The Trail Smelter Arbitration. 1423 B. The Columbia River Treaty. 1426 C. The Great Lakes Water Quality Agreement. 1431 IV. Beyond the Boundary Waters Treaty. 1434 A. Transboundary Litigation to... 2008  
B. Jessie Hill The Constitutional Right to Make Medical Treatment Decisions: a Tale of Two Doctrines 86 Texas Law Review See Also 277 (1/18/2008) I. Introduction. 279 II. Same Question, Different Answers: Medical Marijuana and Partial-Birth Abortion. 283 A. Medical Marijuana and Medical Necessity. 283 B. Partial-Birth Abortion and the Health Exception. 288 C. Summary. 293 III. A Tale of Two Doctrines. 294 A. The Public-Health Cases. 295 B. The Autonomy Cases. 304 C. A Right to Make... 2008  
Gregory C. Sisk The Continuing Drift of Federal Sovereign Immunity Jurisprudence 50 William and Mary Law Review 517 (November, 2008) With the enduring doctrine of federal sovereign immunity, it is too late in the day to suggest that the United States should be treated as an ordinary party in the federal courts. Yet as the Supreme Court has become more comfortable with the increasingly common encounter with a statutory waiver of immunity, the rigidity of interpretive approach has... 2008  
William N. Eskridge, Jr. , Lauren E. Baer The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan 96 Georgetown Law Journal 1083 (April, 2008) C1-3Table of Contents L1-2Introduction . L31085 I. Methodology. 1093 II. Empirical Findings: The Supreme Court's Continuum of Deference Regimes, Its Application of Those Regimes, and Regularities in Agency Win Rates. 1097 a. the supreme court's continuum of deference regimes. 1098 1. Curtiss-Wright Super-Deference in Foreign Affairs/National... 2008  
Allison D. Garrett The Corporation as Sovereign 60 Maine Law Review 129 (2008) In the past two hundred years, sovereignty devolved from the monarch to the people in many countries; in our lifetimes, it has devolved in several significant ways from the people to the corporation. We are witnesses to the erosion of traditional Westphalian concepts of sovereignty, where the chess game of international politics is played out by... 2008  
Destiny Duron Deas The Costs of Perceived Hypocrisy: the Impact of U.s. Treatment of Foreign Acquisitions of Domestic Enterprises 57 Duke Law Journal 1795 (April, 2008) The People's Republic of China's revised rules governing foreign acquisitions of domestic enterprises, promulgated in the fall of 2006, disappointed many observers who had hoped for a more open and transparent approach to Chinese foreign investment. On closer inspection, however, the United States' own laws and policies restricting foreign... 2008  
Laura Conn The Enumeration of Vital Civil Liberties Within a Constitutional State of Emergency Clause: Lessons from the United States, the New Democracy of South Africa, and International Treaties and Scholarship 10 University of Pennsylvania Journal of Constitutional Law 791 (May, 2008) With the increased threat of terrorism and the associated disappearance of civil liberties, limitations on states of emergency are becoming increasingly vital to secure human rights. Specifically, limitations on which rights may be suspended during declared states of emergency are needed to guide our government and safeguard our liberties. Debates... 2008  
David A. Hall The False Panacea of International Agreements for U.s. Regulation of Sovereign Wealth Funds 5 Brigham Young University International Law & Management Review 137 (Winter 2008) Sovereign Wealth Funds (SWFs) pose a unique threat to the United States. Unlike other investment vehicles used solely to maximize returns, SWFs may invest for political objectives or strategic resource procurement, both of which are potentially harmful to U.S. interests. Countries such as China, Russia, and Saudi Arabia all have SWFs currently in... 2008  
Lowell B. Bautista The Historical Context and Legal Basis of the Philippine Treaty Limits 10 Asian-Pacific Law and Policy Journal J. 1 (2008) I. Introduction. 2 A. Territorial Integrity as an International Legal Norm. 3 B. The Philippine Nation-State. 6 1. The Philippine Archipelago as a Single Territorial Entity. 6 2. The Philippine Declaration of Independence. 8 II. The Cession of the Philippines from Spain to the U.S.. 9 A. State Succession in International Law. 9 B. The Spanish Title... 2008  
Sital Kalantry The Intent-to-benefit: Individually Enforceable Rights under International Treaties 44 Stanford Journal of International Law 63 (Winter 2008) Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to... 2008  
A. Dan Tarlock The International Joint Commission and Great Lakes Diversions: Indirectly Extending the Reach of the Boundary Waters Treaty 54 Wayne Law Review 1671 (Winter, 2008) I. Introduction: Great Lakes Diversion Threats Diverted from the International Joint Commission. 1671 II. Barriers to the Negotiation of the Compact. 1678 A. Thin Political and Scientific Justification. 1679 B. A Violation of the Judicial Common Market?. 1681 C. International Trade Law. 1683 III. Enter the International Joint Commission. 1683 A. A... 2008  
P.J. Blount The Itar Treaty and its Implications for U.s. Space Exploration Policy and the Commercial Space Industry 73 Journal of Air Law and Commerce 705 (Fall 2008) PRESIDENT GEORGE W. BUSH announced on January 14, 2004, a new space policy for the United States. His Vision for Space Exploration seeks to refocus the nation on goal oriented achievement in outer space. The policy centers on a human return to the Moon and then a move towards human exploration of other celestial bodies. This goal is to be... 2008  
John Hilla The Literary Effect of Sovereignty in International Law 14 Widener Law Review 77 (2008) To speak is to act; anything which one names is already no longer the same . . . . -Jean-Paul Sartre [Words] may be imbued with emptiness-but this emptiness is their very meaning. -Maurice Blanchot The perception of state sovereignty as a bedrock principle of international law has resulted in a straw horse debate regarding alleged tension... 2008  
Paul M. Secunda The Longest Journey, with a First Step: Bringing Coherence to Sovereignty and Jurisdicitonal Issues in Global Employee Benefits Law 19 Duke Journal of Comparative & International Law 107 (Fall 2008) Global employee benefits law is an emerging field of study that requires coherence at the threshold level of coverage. The statutory maze of sovereignty and jurisdictional issues involved with U.S. employee benefit laws, for instance, make it difficult to determine when American employee benefit laws apply to U.S. citizens abroad or to foreign... 2008  
Adam Clanton The Men Who Would Be King: Forgotten Challenges to U.s. Sovereignty 26 UCLA Pacific Basin Law Journal L.J. 1 (Fall 2008) If you wanted to start your own country, would you know where to begin? Is it better to secede from the country in which you live, to get on a boat and set sail for land as yet unclaimed, or to conquer what someone else regards as their country? This article is dedicated to the curiosity of the micronation - experiments in creating small... 2008  
Kurt T. Lash The Original Meaning of an Omission: the Tenth Amendment, Popular Sovereignty, and "Expressly" Delegated Power 83 Notre Dame Law Review 1889 (July, 2008) Introduction. 1890 I. The Historical Background of the Tenth Amendment. 1897 A. Methodology. 1897 B. The Traditional Story. 1899 C. Article II of the Articles of Confederation. 1902 D. The Federalist Response. 1905 E. The State Conventions. 1906 F. Sovereignty and the Construction of Delegated Power. 1908 G. The Other Meaning of Expressly Delegated... 2008  
Tarak Anada The Perfect Storm, an Imperfect Response, and a Sovereign Shield: Can Hurricane Katrina Victims Bring Negligence Claims Against the Government? 35 Pepperdine Law Review 279 (1/1/2008) I. Introduction: A Most Unwelcome Guest II. What Happened and What Should Have Happened: Governmental Preparation and Response Efforts A. Governmental Preparation Efforts 1. The Levees 2. Evacuation B. Governmental Response Efforts 1. The Department of Homeland Security and FEMA 2. The White House III. History and Background: Negligence,... 2008  
Daniel Maldonado, Steven Plitt The Practical Ramifications of Dual Sovereignty in Prosecuting Declaratory Judgment Actions Against State and Federal Governments 14 Connecticut Insurance Law Journal 445 (Spring, 2008) The declaratory judgment action is the modern legal vehicle for determining whether coverage exists under an insurance policy. Generally, declaratory judgments were not recognized as remedies in the United States until the early 1900's. In 1922, the Commissioners on Uniform State Laws adopted the Uniform Declaratory Judgment Act (UDJA), effectively... 2008  
Winston P. Nagan , Craig Hammer The Rise of Outsourcing in Modern Warfare: Sovereign Power, Private Military Actors, and the Constitutive Process 60 Maine Law Review 429 (2008) Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare-including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological... 2008  
Major Timothy M. Harner The Soldier and the State: Whether the Abrogation of State Sovereign Immunity in Userra Enforcement Actions Is a Valid Exercise of the Congressional War Powers 195 Military Law Review 91 (Spring, 2008) The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides many rights for both Reserve and National Guard military members who leave their employment for a period of time due to federal military service. Some of the more commonly known features and rights under USERRA include the prohibition on discrimination against... 2008  
Scott Fruehwald The Supreme Court's Confusing State Sovereign Immunity Jurisprudence 56 Drake Law Review 253 (Winter 2008) I. Introduction. 254 II. The Rehnquist Court's State Sovereign Immunity Jurisprudence. 255 A. The States' Sovereign Immunity in Federal Court. 255 B. The States' Sovereign Immunity from Damage Suits in Their Own Courts and Before Administrative Agencies. 259 III. Criticism of the Rehnquist Court's Sovereign Immunity Jurisprudence. 266 A. Evaluation... 2008  
Hon. William F. Stone, Jr., Bryan A. Stark, Esq. The Treatment of Attorneys' Fee Retainers in Chapter 7 Bankruptcy and the Problem of Denying Compensation to Debtors' Attorneys for Post-petition Legal Services They Are Obliged to Render 82 American Bankruptcy Law Journal 551 (Fall, 2008) Even the most public spirited and empathetic attorneys who provide legal services to chapter 7 bankruptcy filers need to be paid for their services. It seems fair to assume that most attorneys, in common with most of their fellow humankind, believe that they should be compensated for all their work that provides value to their clients, rather than... 2008  
Simon Chesterman The Turn to Ethics: Disinvestment from Multinational Corporations for Human Rights Violations--the Case of Norway's Sovereign Wealth Fund 23 American University International Law Review 577 (2008) INTRODUCTION. 578 I. THE NORWEGIAN GOVERNMENT PENSION FUND AND THE COUNCIL ON ETHICS. 582 A. The Turn to Ethics. 583 B. The Council's Recommendations. 591 II. LEGAL AND NON-LEGAL APPROACHES TO REGULATING MULTINATIONAL CORPORATIONS. 594 A. Regulation in the Local Jurisdiction. 596 B. Regulation in the Home Jurisdiction of a Multinational... 2008  
K.R.Sekar The 'Updating Construction' Doctrine-does it Apply to Tax Treaties? 19 Journal of International Taxation 59 (May, 2008) Though various doctrines apply to the interpretation of tax treaties, principles are still evolving. These doctrines emanate from Articles 30, 31, and 32 of the Vienna Convention, judicial precedents in various countries, the Organization for Economic Cooperation and Development (OECD), and the U.N. model treaty. Under Article 2(1)(a) of the Vienna... 2008  
Yoram Rabin, Roy Peled Transfer of Sovereignty over Populated Territories from Israel to a Palestinian State: the International Law Perspective 17 Minnesota Journal of International Law 59 (Winter 2008) One proposal suggested for resolving the Israeli-Palestinian conflict is the redrawing of the border between Israel and the future Palestinian State to include those territories densely populated by Palestinian citizens of Israel, west of the green line, within the Palestinian State. The suggestion has stirred lively debate in Israel. This... 2008  
Carlos Manuel Vázquez Treaties as Law of the Land: the Supremacy Clause and the Judicial Enforcement of Treaties 122 Harvard Law Review 599 (December, 2008) Introduction. 601 I. The Requirement of Equivalent Treatment. 611 A. The Supremacy Clause and the British Rule. 613 B. The Purpose and Original Public Meaning of the Supremacy Clause. 616 C. Early Judicial Construction. 619 1. Ware v. Hylton on the Supremacy Clause's Reversal of the British Rule. 619 2. Foster and the Requirement of Equivalent... 2008  
Oona A. Hathaway Treaties' End: the Past, Present, and Future of International Lawmaking in the United States 117 Yale Law Journal 1236 (May, 2008) ABSTRACT. Nearly every international agreement that is made through the Treaty Clause should be approved by both houses of Congress as a congressional-executive agreement instead. In making this case, this Article examines U.S. international lawmaking through empirical, comparative, historical, and policy lenses. U.S. international lawmaking is... 2008  
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