| Author | Title | Citation | Summary | Year | Key Terms |
| Ralph Brubaker |
Explaining Katz's New Bankruptcy Exception to State Sovereign Immunity: the Bankruptcy Power as a Federal Forum Power |
15 American Bankruptcy Institute Law Review 95 (Spring, 2007) |
I. Seminole Tribe: States' Constitutional Sovereign Immunity and Congressional Abrogation Thereof II. Hood: Solidification of a Bankruptcy Exception to State Sovereign Immunity A. Binding States to Federal Bankruptcy Proceedings in the Absence of Congressional Abrogation B. An In Rem Exception to State Sovereign Immunity in Bankruptcy? III. Katz:... |
2007 |
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| Jennifer E. Chen |
Family Conflicts: the Role of Religion in Refusing Medical Treatment for Minors |
58 Hastings Law Journal 643 (February, 2007) |
The rebellious teenager is a familiar icon in American culture. In a society that inconsistently treats adolescents as adults in some areas and as children in others, the struggle for independence continues until minors reach the legal age of autonomy at eighteen. Until that age, in many areas of legal significance, the minor is subject to the... |
2007 |
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| Bryan H. Wildenthal |
Federal Labor Law, Indian Sovereignty, and the Canons of Construction |
86 Oregon Law Review 413 (2007) |
Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... |
2007 |
Yes |
| Richard Lieb |
Federal Supremacy and State Sovereignty: the Supreme Court's Early Jurisprudence |
15 American Bankruptcy Institute Law Review Rev. 3 (Spring, 2007) |
Here we are, over 200 years after the Constitution was promulgated, faced with debate among the Justices over whether the States are subject to enforcement of federal law in the federal courts, or even in their own courts. The issue is not new. It has its roots in the early political, economic and social history of the nation. The national... |
2007 |
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| John S. Gannon |
Federal Tort Claims Act--seeking Redress Against the Sovereign: Balancing the Rights of Plaintiffs and the Government When Applying Federal Rule of Civil Procedure 15(c) to Ftca Claims |
30 Western New England Law Review 223 (2007) |
In December 2000, the Boston Globe published a series of articles exposing corruption within the Boston office of the Federal Bureau of Investigation (FBI). One such piece focused on the 1965 slaying of Edward Teddy Deegan by two FBI informants. The article discussed secret documents that demonstrated the FBI knew beforehand of the informants'... |
2007 |
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| Arturo J. Marcano Guevara , David P. Fidler |
Fighting Baseball Doping in Latin America: a Critical Analysis of Major League Baseball's Drug Prevention and Treatment Program in the Dominican Republic and Venezuela |
15 University of Miami International and Comparative Law Review 107 (Fall, 2007) |
I. Introduction. 108 II. The Problem of Performance-Enhancing Drugs in Global Sports. 111 A. Performance-Enhancing Drugs and the Globalization of Sports: Emergence of Global Strategies to Fight Use of PEDs. 111 B. Performance-Enhancing Drugs and the Globalization of Baseball: Emergence of Strategies Against PED Use in the Major and Minor Leagues.... |
2007 |
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| Susan D. Franck |
Foreign Direct Investment, Investment Treaty Arbitration, and the Rule of Law |
19 Pacific McGeorge Global Business & Development Law Journal 337 (2007) |
I. Introduction. 338 II. Investment Treaties: Offering Investors Substantive Rights and Procedural Remedies. 341 A. Substantive Investment Rights. 342 B. Procedural Investment Rights. 343 C. The Investment Arbitration Process. 344 III. Investment Treaties And Foreign Direct Investment. 345 A. Anecdotal Evidence. 347 B. Empirical Analyses. 348 1.... |
2007 |
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| Tanya Mazur |
Free for the "Taking": Why States Should Not Be Able to Invoke Sovereign Immunity in Patent Infringement Disputes |
75 George Washington Law Review 398 (February, 2007) |
There is a crisis looming on America's horizon, whether in the form of bioterrorism, an avian flu pandemic, or the bankrupting of the federal government due to the aging population's need for health care. All of these crises demand widespread access to patented inventions, such as pharmaceuticals, to prevent the enormous suffering of Americans.... |
2007 |
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| Christopher Mark Macneill |
Gaining Command & Control of the Northwest Passage: Strait Talk on Sovereignty |
34 Transportation Law Journal 355 (Winter 2007) |
I. Introduction. 356 II. Statement of Claim. 358 III. History of the NWP. 358 IV. International Strait - The United States' Position on the NWP. 364 V. Mississippi River Waterway - A Comparative View: An Internal Waterway or International Passage of Transnational Origin, With Passage between Two Major Gulfs?. 365 VI. Global Interests in the NWP... |
2007 |
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| Jerome H. Reichman , Rochelle Cooper Dreyfuss |
Harmonization Without Consensus: Critical Reflections on Drafting a Substantive Patent Law Treaty |
57 Duke Law Journal 85 (October, 2007) |
In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side... |
2007 |
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| Christopher J. Borgen |
Imagining Sovereignty, Managing Secession: the Legal Geography of Eurasia's "Frozen Conflicts" |
9 Oregon Review of International Law 477 (2007) |
The world we have to deal with politically is out of reach, out of sight, out of mind. It has to be explored, reported, and imagined. Walter Lipmann The interrelated concepts of sovereignty, self-determination, and the territorial integrity of states form a Gordian knot at the core of public international law. These concepts encompass not only how... |
2007 |
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| Pooja Van Dyck |
Importing Western Style, Exporting Tragedy: Changes in Indian Patent Law and Their Impact on Aids Treatment in Africa |
6 Northwestern Journal of Technology & Intellectual Property 138 (Fall, 2007) |
In March 2005, new patent laws were passed in India to comply with World Trade Organization (WTO) regulations and, specifically, the Trade Related Aspects of Intellectual Property Rights Agreement. These patent laws convey protections that are similar to a Western-style patent system. India's role as a supplier of inexpensive generic drugs to... |
2007 |
Yes |
| Ranko Shiraki Oliver |
In the Twelve Years of Nafta, the Treaty Gave to Me . What, Exactly?: an Assessment of Economic, Social, and Political Developments in Mexico since 1994 and Their Impact on Mexican Immigration into the United States |
10 Harvard Latino Law Review 53 (Spring, 2007) |
The term globalization represents one of the most contentious political issues facing the modern world. While most governments seem committed (or, perhaps more accurately, resigned) to an ever-shrinking globe in which goods, services, transnational investments, and jobs move freely across the globe, some groups have met these policies with... |
2007 |
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| Daniel Lee Jacobson |
Indian Sovereignty - a Brief History |
49-JUN Orange County Lawyer 32 (June, 2007) |
With the advent of Indian gaming the concept of Indian sovereignty has worked its way into the common lexicon. A typical answer to the question as to why Indian Tribes can offer gambling is that those Tribes are sovereigns. While that answer is partially correct, it is not wholly correct. In law, American Indian Tribes are dependent sovereigns.... |
2007 |
Yes |
| David P. Currie |
Indian Treaties |
10 Green Bag 445 (Summer, 2007) |
The United States had made treaties with Native American tribes since before the Constitution was adopted. The Statutes at Large are full of them. By an obscure rider to an Indian appropriation bill Congress in 1871 attempted to put an end to the practice: Provided, that hereafter no Indian nation or tribe within the territory of the United States... |
2007 |
Yes |
| Susan D. Franck |
Integrating Investment Treaty Conflict and Dispute Systems Design |
92 Minnesota Law Review 161 (November, 2007) |
I. Foreign Investment and Investment Treaties. 168 A. The Role of Foreign Investment. 168 B. Investment Treaties. 171 1. Substantive Rights. 172 2. Procedural Rights: Resolving Investment Treaty Disputes. 172 II. Conflict Theory and Dispute Systems Design. 173 A. Conflict Theory. 173 B. Dispute Systems Design. 177 C. An Application to Investment... |
2007 |
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| Gregory J. Wong |
Intent Matters: Assessing Sovereign Immunity for Tribal Entities |
82 Washington Law Review 205 (February, 2007) |
Abstract: Indian tribes create corporations and agencies, such as casinos and economic development organizations, to further tribal goals. When such an entity is sued, the courts must determine whether the entity shares in the tribe's inherent sovereign immunity. Like tribes, the federal and state governments also create corporations and agencies... |
2007 |
Yes |
| Jeswald W. Salacuse |
Is There a Better Way? Alternative Methods of Treaty-based, Investor-state Dispute Resolution |
31 Fordham International Law Journal 138 (December, 2007) |
The rapid growth over the last two decades in the total stock of international investment, now estimated at US$10 trillion, and the increasing number of international direct investors, at present amounting to some 77,000 transnational corporations and their 770,000 affiliates, have quite naturally led to an increase in potential and actual... |
2007 |
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| Sana Loue, J.D., Ph.D., M.P.H. , Beatrice Ioan, M.D., Ph.D., M.A. |
Legal and Ethical Issues in Heroin Diagnosis, Treatment, and Research |
28 Journal of Legal Medicine 193 (April-June, 2007) |
This article explores the legal and ethical issues common to heroin-related research and clinical care, including issues of capacity and voluntariness and, in the context of research, the risks and benefits associated with participation. Attention to these issues is critical if we are to continue to search for mechanisms to ameliorate or eliminate... |
2007 |
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| Eric Gottwald |
Leveling the Playing Field: Is it Time for a Legal Assistance Center for Developing Nations in Investment Treaty Arbitration? |
22 American University International Law Review 237 (2007) |
INTRODUCTION. 238 I. THE BILATERAL INVESTMENT TREATY MOVEMENT. 240 A. Origins of the BIT Movement. 241 B. How Do BITs Protect Investment?. 244 II. INVESTMENT TREATY ARBITRATION AND DEVELOPING NATIONS. 246 A. The Rise of Investment Treaty Arbitration. 246 B. Overview of the Arbitration Process. 248 C. The Impact of Investment Treaty Arbitration on... |
2007 |
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| Carla D. Pratt |
Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty Through Sexual Assimilation |
2007 Wisconsin Law Review 409 (2007) |
I. Introduction. 410 II. Tribal Miscegenation Laws. 414 A. The Genesis of Tribal Laws Regulating Loving. 414 B. The Context of Indian Miscegenation Law. 417 1. Geographical Containment Creates Vulnerability. 417 2. State Sovereignty Versus Tribal Sovereignty. 418 3. Science and Education Influence Tribal Policy. 421 4. The Tribes Seek the... |
2007 |
Yes |
| Nathan P. Kirschner |
Making Bread from Broken Eggs: a Basic Recipe for Conflict Resolution Using Earned Sovereignty |
28 Whittier Law Review 1131 (Summer 2007) |
The idea of state sovereignty is one of the most important and contentious issues in international law. It is an abstract concept that has evolved over time with important effects. Many recent and ongoing conflicts, such as those in Southern Sudan, Georgia, Sri Lanka, the Philippines, Aceh, Iraq, and Bougainville, revolve around the idea of... |
2007 |
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| Nat Chakeres |
Manning v. Mining and Minerals Division: Sovereign Immunity as a Bar Against Claims for Damages Brought under the U.s. Constitution |
37 New Mexico Law Review 573 (Summer, 2007) |
Over the past two decades, the U.S. Supreme Court has strengthened and expanded the doctrine of state sovereign immunity. In particular, the Court held in Alden v. Maine that the Constitution protects States from suits for damages brought by private parties in state courts and that Congress cannot abrogate that immunity pursuant to its power to... |
2007 |
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| Natasha Affolder |
Mining and the World Heritage Convention: Democratic Legitimacy and Treaty Compliance |
24 Pace Environmental Law Review 35 (Winter 2007) |
International treaties and the institutions which administer them are increasingly the subjects of democratic scrutiny. In recent disputes surrounding mining projects in and around World Heritage Sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of democratic... |
2007 |
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| Kent Greenawalt |
Moral and Religious Convictions as Categories for Special Treatment: the Exemption Strategy |
48 William and Mary Law Review 1605 (April, 2007) |
My topic differs from the usual inquiries about morality and law, such as how far law should embody morality, whether legal interpretation (always or sometimes) includes moral judgment, and whether an immoral law really counts as law. Concentrating on exemptions from ordinary legal requirements, I am interested in instances when the law might make... |
2007 |
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| June McCue |
New Modalities of Sovereignty: an Indigenous Perspective |
2 Intercultural Human Rights Law Review 19 (2007) |
Good afternoon, everyone. I want to thank the organizers of the symposium, to acknowledge the traditional peoples of the homeland here for allowing me to speak in their territory, and I also would like to acknowledge the panelists that I am speaking with today. Thank you to Siegfried and to Valerie Phillips for inviting me down here to speak on... |
2007 |
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| Kyle H. Landis-Marinello |
Noontime Dumping: Why States Have Broad Discretion to Regulate Onboard Treatments of Ballast Water |
106 Michigan Law Review 135 (October, 2007) |
Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering... |
2007 |
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| Jeffrey Robert Connolly |
Northern Wisconsin Reacts to Court Interpretations of Indian Treaty Rights to Natural Resources |
11 Great Plains Natural Resources Journal 116 (Fall/Spring, 2006-2007) |
A century after they had ceded almost fifteen million acres of land, the Lake Superior and Mississippi Chippewa of Minnesota and Wisconsin began exercising their treaty guaranteed rights to natural resources. This led to resentment, animosity and anger in those who saw the Chippewa's use of modern fishing and hunting practices to harvest an... |
2007 |
Yes |
| Honorable Paul Okalik |
Nunavut: the Road to Indigenous Sovereignty |
2 Intercultural Human Rights Law Review 11 (2007) |
Let me begin by thanking Siegfried Wiessner. As chair of the Tribal Sovereignty Symposium, he has made it possible for me to be here this afternoon to discuss the experience of the Inuit of Nunavut in re-establishing sovereignty over our traditional lands. As the theme of this panel suggests, there are different models for aboriginal people to... |
2007 |
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| Kurt T. Lash |
Originalism, Popular Sovereignty, and Reverse Stare Decisis |
93 Virginia Law Review 1437 (October, 2007) |
Introduction. 1438 I. Popular Sovereignty and Majoritarianism. 1444 A. The Costs of Judicial Error Under Popular Sovereignty. 1446 B. Madison's Majoritarian Theory of Precedent. 1448 C. Madison's Rules for Stare Decisis. 1450 II. The Parameters of Judicial Error. 1453 A. Intervention v. Nonintervention & Immunity v. Allocation. 1454 B. Putting It... |
2007 |
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| Benjamin C Hassebrock |
Our Federalism Changes Course: the Supreme Court Limits State Sovereign Immunity in Bankruptcy Actions |
72 Missouri Law Review 305 (Winter, 2007) |
Central Virginia Community College v. Katz Although sovereign immunity jurisprudence is not the most highly publicized topic of debate in the mainstream media, it has recently become a major source of contention on the Supreme Court. The flurry of sovereign immunity litigation that has reached the high court in the last decade has yielded mostly... |
2007 |
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| Andrew Arato |
Post-sovereign Constitution-making and its Pathology in Iraq |
51 New York Law School Law Review 535 (2006-2007) |
Ever since things began to go wrong in Iraq, from almost the beginning, that is, analysts have disagreed concerning the original sin of America's Iraq adventure, the source of all the other sins. For some it was the destruction of the Iraqi army, and de-Baathification, while for others it was the failure to hold early elections, local or... |
2007 |
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| Vincent J. Samar |
Privacy and Same-sex Marriage: the Case for Treating Same-sex Marriage as a Human Right |
68 Montana Law Review 335 (Summer 2007) |
Members of the Montana Law faculty, distinguished visiting scholars, students, and guests, let me begin by thanking the members of the Montana Law Review for inviting me to speak at this symposium on privacy and same-sex marriage. I am truly honored. Having joined others who have written about this topic in the past, I was wondering, as I prepared... |
2007 |
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| Paul B. Stephan |
Private Remedies for Treaty Violations after Sanchez-llamas |
11 Lewis & Clark Law Review 65 (Spring 2007) |
Sanchez-Llamas did not decide when a private person may invoke a treaty provision in a case properly before a U.S. court. This Article argues that existing Supreme Court jurisprudence on this question is unsettled, and that the approach advanced by the four dissenters on this question--essentially a variant on the nineteenth century concept of... |
2007 |
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| Keith Aoki , Kennedy Luvai |
Reclaiming "Common Heritage" Treatment in the International Plant Genetic Resources Regime Complex |
2007 Michigan State Law Review 35 (Spring, 2007) |
2007 Mich. St. L. Rev. 35 C1-2Table of Contents Introduction. 36 I. Overlapping International Legal Regimes for Plant Genetic Resources. 38 A. Equity/Conservation Regime: The International Undertaking on Plant Genetic Resources (1983). 40 B. Equity/Conservation Regime: The Keystone Dialogues and Farmers Rights (1989). 42 C. Intellectual... |
2007 |
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| Vincent Mulier |
Recognizing the Full Scope of the Right to Take Fish under the Stevens Treaties: the History of Fishing Rights Litigation in the Pacific Northwest |
31 American Indian Law Review 41 (2006-2007) |
In 1854 and 1855, the United States executed nine treaties with twenty-three tribes and confederations of tribes and bands indigenous to the Columbia Basin and northwestern Washington. Under the treaties, which are identical in all essential elements, the tribal groups ceded approximately sixty-four million acres of land to the United States. As... |
2007 |
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| Eve Vogel |
Regionalization and Democratization Through International Law: Intertwined Jurisdictions, Scales and Politics in the Columbia River Treaty |
9 Oregon Review of International Law 337 (2007) |
The 1964 Columbia River Treaty (CRT) provided for four large storage dams to be built in the upper Columbia Basin to control a significant fraction of the Columbia's flow. Three of these four dams were built in the Canadian portion of the basin and are operated to provide flood control and to optimize hydropower production downstream. See Figure 1.... |
2007 |
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| Steven G. Stransky |
Sanchez-llamas v. Oregon: a Missed Opportunity in Treaty Interpretation |
20 Saint Thomas Law Review 25 (Fall 2007) |
I. Introduction. 25 II. Background. 28 A. The Vienna Convention on Consular Relations. 28 B. The Supreme Court and Article 36 of the Vienna Convention on Consular Relations. 30 1. The United States Supreme Court. 31 C. The ICJ and Article 36 of the Vienna Convention on Consular Relations. 35 1. The LaGrand Case.. 35 2. Case Concerning Avena and... |
2007 |
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| Kelley Connolly |
Say What You Mean: Improved Drafting Resources as a Means for Increasing the Consistency of Interpretation of Bilateral Investment Treaties |
40 Vanderbilt Journal of Transnational Law 1579 (November, 2007) |
Following the demise of international recognition of the Hull Rule as the standard governing foreign direct investment, countries throughout the world have turned to bilateral investment treaties (BITs) to govern direct investment relationships. BITs allow countries to bind themselves credibly to commitments by granting substantive rights to... |
2007 |
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| Francis J. Conte |
Sink or Swim Together: Citizenship, Sovereignty, and Free Movement in the European Union and the United States |
61 University of Miami Law Review 331 (1/1/2007) |
I. Introduction. 331 A. General Perspectives. 331 B. Experience in the European Union and the United States. 336 1. european union. 336 2. united states. 340 II. Animating Purposes of Interstate Migration Principles in the European Union and the United States. 342 A. European Union. 342 B. United States. 349 III. The Law and Controlling Principles... |
2007 |
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| Andrea M. Ewart, Esq. |
Small Developing States in the Wto: a Procedural Approach to Special and Differential Treatment Through Reforms to Dispute Settlement |
35 Syracuse Journal of International Law and Commerce 27 (Fall 2007) |
On March 30, 2007, the World Trade Organization's (WTO) Dispute Settlement Body (DSB) issued a definitive and decisive ruling in favor of Antigua and Barbuda, the world's fifteenth smallest state, in its case against the world's economic superpower, the United States. The ruling in this case, United States--Measures Affecting the Cross-Border... |
2007 |
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| Joseph M. Pellicciotti , Michael J. Pellicciotti |
Sovereign Immunity & Congressionally Authorized Private Party Actions Against the States for Violation of Federal Law: a Consideration of the U.s. Supreme Court's Decade Long Decisional Trek, 1996-2006 |
59 Baylor Law Review 623 (Fall 2007) |
I. Introduction. 624 II. The Article I Line of Decision. 628 A. The Court's Initial Decision in Seminole Tribe. 628 B. The Court's Extension of the Seminole Tribe Ruling to Actions Brought in State Courts and Before Administrative Tribunals. 631 1. Actions Brought in State Courts. 631 2. Actions Brought Before Administrative Tribunals. 635 C. The... |
2007 |
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| Jedediah Purdy , Kimberly Fielding |
Sovereigns, Trustees, Guardians: Private-law Concepts and the Limits of Legitimate State Power |
70-SUM Law and Contemporary Problems 165 (Summer 2007) |
When must people obey their government, and when may they resist its commands? The question is perennial in modern political thought, and has its sources much earlier, in classical and medieval inquiry. The problem of odious debt is an instance of this broader question: Are some government actions not binding on the people the government rules? If... |
2007 |
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| Ernesto Hernández-López |
Sovereignty Migrates in U.s. and Mexican Law: Transnational Influences in Plenary Power and Non-intervention |
40 Vanderbilt Journal of Transnational Law 1345 (November, 2007) |
Mexico and the United States exercise sovereignty that is increasingly transnational and less absolute with respect to migration. This is evident in changes to Mexico's norm of non-intervention and the United States' plenary power doctrine, two doctrines rooted in international sovereignty. Both have historically defined sovereign authority in... |
2007 |
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State Law as "Other Law": Our Fifty Sovereigns in the Federal Constitutional Canon |
120 Harvard Law Review 1670 (April, 2007) |
The Supreme Court's recent citations to and discussions of foreign law have generated extensive and well-known controversy. On the political front, members of Congress have attempted to pass legislation proscribing courts from relying on foreign materials in constitutional interpretation. On the scholarly front, some commentators dispute whether... |
2007 |
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| Thomas E. Plank |
State Sovereignty in Bankruptcy after Katz |
15 American Bankruptcy Institute Law Review 59 (Spring, 2007) |
Introduction. 59 I. The Different Aspects of Sovereignty. 61 II. Eighteenth-Century Bankruptcy Law and Its Constitutional Limits. 62 A. Eighteenth-Century Bankruptcy Laws: Differences and Common Features. 62 B. The Constitutional Limits on Federal Bankruptcy Law. 65 III. Bankruptcy Law and Sovereignty in Katz. 68 A. Pre-Katz Sovereignty Immunity.... |
2007 |
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| Ross Naughton |
State Statutes Limiting the Dual Sovereignty Doctrine: Tools for Tribes to Reclaim Criminal Jurisdiction Stripped by Public Law 280? |
55 UCLA Law Review 489 (December, 2007) |
Tribal sovereignty suffered greatly by the 1953 passage of Public Law 280, which gave certain states jurisdiction over the Indian country within their borders. However, recent cases show that tribes can preempt this state jurisdiction, and thereby reclaim some measure of sovereignty, if they prosecute crimes first--so long as the surrounding state... |
2007 |
Yes |
| Andrew King |
Thawing a Frozen Treaty: Protecting United States Interests in the Arctic with a Congressional--executive Agreement on the Law of the Sea |
34 Hastings Constitutional Law Quarterly 329 (Winter 2007) |
The steadily shrinking Arctic ice cap has triggered a feverish interest among the five nations whose coastlines border the region concerning their respective rights to the ocean and the seabed below. The possibility of huge reserves of natural gas and oil, and the potential for newly navigable channels have led to competing claims by the United... |
2007 |
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| Rebecca Goldberg |
The "How" of Enforcing the Fourteenth Amendment: Why the Rehnquist Court's Treatment of Implementation, Not Interpretation, Is the True Post-boerne Failing |
47 Washburn Law Journal 47 (Fall 2007) |
One of the most striking legacies of the Rehnquist Court has been the severe curtailing of Congress's power to enact civil rights legislation under Section Five of the Fourteenth Amendment (14 § 5). Many scholars have attributed this shift to what they see as a lack of judicial deference to Congress's interpretation of the Constitution --a trend... |
2007 |
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| Daniel A. Austin |
The Bankruptcy Clause and the Eleventh Amendment: an Uncertain Boundary Between Federalism and State Sovereignty |
42 University of San Francisco Law Review 383 (Fall 2007) |
Even when the Constitution vests in Congress complete lawmaking authority over a particular area, the Eleventh Amendment prevents congressional authorization of suits by private parties against unconsenting States. The ineluctable conclusion, then, is that States agreed in the plan of the Convention not to assert any sovereign immunity defense they... |
2007 |
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