| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| 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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| 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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| 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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| Matthew McDermott |
The Better Course in the Post-lapides Circuit Split: Eschewing the Waiver-by-removal Rule in State Sovereignty Jurisprudence |
64 Washington and Lee Law Review 753 (Spring, 2007) |
By the Rehnquist Court's end, much of lay and learned opinion had ascribed to it a reestablishment of state prerogatives and a revival of federalism. Commentators noted how the Rehnquist Court had overturned dozens of federal laws that sought to project federal authority into what the Supreme Court majority viewed as the domain of the states.... |
2007 |
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| Marlee Miller |
The Broadcast Treaty and its Implications for Signal Piracy in North America |
4 Business Law Brief (Am. U.) 33 (Fall, 2007) |
Copyright laws grant authors the right to control specific uses of their work and the right be compensated for those uses. However, not all creative works receive copyright protection. In the United States, to the extent that broadcasters create their own original programming, they receive copyright protection. Nonetheless, the broadcasters do not... |
2007 |
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| David S. Jonas |
The Comprehensive Nuclear Test Ban Treaty: Current Legal Status in the United States and the Implications of a Nuclear Test Explosion |
39 New York University Journal of International Law & Politics 1007 (Summer 2007) |
I. Introduction. 1008 II. Background. 1010 A. Brief History of Nuclear Non-Proliferation and Nuclear Testing Treaties. 1010 B. The Principal Provisions of the CTBT. 1016 III. Significant U.S. Actions Pertaining to the CTBT. 1019 A. Attempt to Obtain the Advice and Consent of the Senate. 1019 B. Shalikashvili Report and Statements in Support of the... |
2007 |
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| B. Jessie Hill |
The Constitutional Right to Make Medical Treatment Decisions: a Tale of Two Doctrines |
86 Texas Law Review 277 (December, 2007) |
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... |
2007 |
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| Sonja Shield |
The Doctor Won't See You Now: Rights of Transgender Adolescents to Sex Reassignment Treatment |
31 New York University Review of Law and Social Change 361 (2007) |
I. INTRODUCTION. 362 II. DEFINITIONS. 365 III. THE HARMS SUFFERED BY TRANSGENDER ADOLESCENTS CREATE A NEED FOR EARLY TRANSITION. 367 A. Discrimination and Harassment Faced by Transgender Youth. 367 1. School-based violence and harassment. 368 2. Discrimination by parents and the foster care system. 372 3. Homelessness, poverty, and criminalization.... |
2007 |
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| Lupe S. Salinas , Dr. Robert H. Kimball |
The Equal Treatment of Unequals: Barriers Facing Latinos and the Poor in Texas Public Schools |
14 Georgetown Journal on Poverty Law and Policy 215 (Spring, 2007) |
Education, then, beyond all other devices of human origin, is the great equalizer of the conditions of men,the balance-wheel of the social machinery. Some in our society promote the idea of natural deficiencies among the various ethnic and socio-economic groups. We emphatically disagree with such claims. We look at a process that negotiates the... |
2007 |
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| William E. Thro, M.A., J.D. |
The Future of Sovereign Immunity |
215 West's Education Law Reporter Rep. 1 (2/8/2007) |
Sovereign immunity, which is confirmed by the Eleventh Amendment, has enormous significance for education lawyers and their clients. Essentially, sovereign immunity of the States means that private individuals or corporations cannot sue the States, state agencies, or state institutions. Therefore, if a state university or a school district is... |
2007 |
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| Wenonah Hauter |
The Limits of International Human Rights Law and the Role of Food Sovereignty in Protecting People from Further Trade Liberalization under the Doha Round Negotiations |
40 Vanderbilt Journal of Transnational Law 1071 (October, 2007) |
I. Introduction. 1072 II. Food Insecurity and the Consequences of Further Agricultural Trade Liberalization Under the Doha Round. 1072 A. Corn and Food Insecurity in Mexico after NAFTA. 1073 B. Agriculture and Food Insecurity in Developing Countries under the WTO Agreement on Agriculture. 1078 C. Agriculture and Food Insecurity in Developing... |
2007 |
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| Noah Bialostozky |
The Misuse of Terrorism Prosecution in Chile: the Need for Discrete Consideration of Minority and Indigenous Group Treatment in Rule of Law Analyses |
6 Northwestern Journal of International Human Rights 81 (Fall, 2007) |
Chile's misuse of the label of terrorism should not shield the government from accountability for human rights violations against the indigenous Mapuche. Despite significant progress in its transition to democracy, the prosecution of Mapuche under the Prevention of Terrorism Act (Terrorism Act), for acts not internationally considered to be... |
2007 |
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| Jill Elise Grant |
The Navajo Nation Epa's Experience with "Treatment as a State" and Primacy |
21-WTR Natural Resources & Environment Env't 9 (Winter, 2007) |
The Navajo Nation Environmental Protection Agency (NNEPA) has existed as an independent agency within the Navajo Nation government for just over ten years. In that relatively short time, and despite what any state environmental agency would consider an inadequate budget, insufficient personnel, and generally scarce resources, the NNEPA has... |
2007 |
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| Alison L. LaCroix |
The New Wheel in the Federal Machine: from Sovereignty to Jurisdiction in the Early Republic |
2007 Supreme Court Review 345 (2007) |
Legal historians and constitutional scholars have tended to approach the judiciary acts of 1789 and 1801 as though the two statutes were separated not only by a dozen years but also by a fundamental, unbridgeable conceptual gulf. While the Judiciary Act of 1789 is celebrated as probably the most important and the most satisfactory Act ever passed... |
2007 |
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| Austin Williams |
The Pacific Salmon Treaty: a Historical Analysis and Prescription for the Future |
22 Journal of Environmental Law & Litigation 153 (2007) |
I. Historical Developments in the Management of Pacific Salmon. 155 A. Origins of Commercial Fishing. 155 B. Early International Agreements for the Management of Pacific Salmon. 156 C. Expanding Fishery Jurisdictions. 158 II. Threats to Pacific Salmon. 161 III. Pacific Salmon Treaty. 163 A. Protracted Negotiations Leading Up to the Pacific Salmon... |
2007 |
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| Randy E. Barnett |
The People or the State?: Chisholm v. Georgia and Popular Sovereignty |
93 Virginia Law Review 1729 (November, 2007) |
CHISHOLM v. Georgia was the first great constitutional case decided by the Supreme Court. In Chisholm, the Court addressed a fundamental question: Who is sovereign? The people or the state? It adopted an individual concept of popular sovereignty rather than the modern view that limits popular sovereignty to collective or democratic self-government.... |
2007 |
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| by Hope Lewis |
The Permanent Mission of India to the United Nations et Al. |
34 Preview of United States Supreme Court Cases 345 (4/16/2007) |
The Second Circuit affirmed a district court's refusal to dismiss, on sovereign immunity grounds, New York City's lawsuit against the Permanent Missions of India and Mongolia to the United Nations. The city had sued to collect unpaid taxes and enforce tax liens against Mission properties, invoking an exception to jurisdictional immunity under the... |
2007 |
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| John Corcoran |
The Rehnquist Court's Proper Restoration of State Sovereign Immunity |
5 Georgetown Journal of Law and Public Policy 205 (Winter, 2007) |
The recent scholarship of the Rehnquist Court's legacy has focused heavily on its conservative activism. Advocates of a living Constitution have argued that the Court has been willing to strike down laws in favor of federalism at a rate even greater than the Warren or Burger Courts overturned legislation on the belief that individual rights... |
2007 |
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| Charles Morrison |
The Supreme Court May Have Meant What it Said, but it Needs to Say More: a Comment on the Circuit Split Regarding the Application of the Dual Sovereignty Doctrine to the Sixth Amendment Right to Counsel |
39 University of Toledo Law Review 153 (Fall 2007) |
THE federal government and each of the several states are considered separate sovereigns under the United States Constitution. Each sovereign may enact criminal statutes that proscribe and punish specific conduct. As the size of the federal government continues to grow, it has correspondingly passed additional criminal statutes, many of which are... |
2007 |
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| Curtis J. Mahoney |
Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties |
116 Yale Law Journal 824 (January, 2007) |
ABSTRACT. With the nation's treaty obligations proliferating and foreign affairs cases taking up a growing share of the Supreme Court's docket, it is surprising how undertheorized the field of treaty interpretation remains. To fill this void, some have suggested that textualism, which has had a major impact on statutory interpretation over the past... |
2007 |
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| Tim Wu |
Treaties' Domains |
93 Virginia Law Review 571 (May, 2007) |
Introduction. 572 I. The Self-Execution Problem and the Deference Model. 577 A. The Trouble with Treaties & Non- Self-Execution. 577 B. The Deference Model of Treaty Enforcement. 580 1. A Contract Model. 580 2. Summary of Findings. 582 a. State Breach. 583 b. Congressional Breach. 587 c. Executive Breach. 589 d. Types of Breach: A Signaling Model.... |
2007 |
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| Paul G. Cassell |
Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure |
2007 Utah Law Review 861 (2007) |
I. Introduction. 863 II. Victims' Rights, the CVRA, and Amendments to the Rules. 865 A. The Crime Victims' Rights Movement. 865 B. The Crime Victims' Rights Act.. 869 C. My Proposed Amendments to the Federal Rules of Criminal Procedure. 870 D. The Criminal Rules Committee Proposals. 871 III. The CVRA's Right to Fairness Requires Comprehensive... |
2007 |
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| Ryan D. Newman |
Treaty Rights and Remedies: the Virtues of a Clear Statement Rule |
11 Texas Review of Law and Politics 419 (Spring 2007) |
I. Introduction. 420 II. Enforcing Treaties--A Primer. 427 A. The Classic Model: Treaties as International Law. 427 B. Supreme Law of the Land: Treaties as Domestic Law. 433 III. Implied Treaty-Based Rights and Remedies. 438 A. Rights of Action. 438 1. The Statutory Analog. 440 2. The Constitutional Analog. 442 B. Defenses. 444 IV. Treaty-Based... |
2007 |
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