AuthorTitleCitationSummaryYearKey Terms
Donald P. Harris Trips and Treaties of Adhesion Part Ii: Back to the past or a Small Step Forward? 2007 Michigan State Law Review 185 (Spring, 2007) 2007 Mich. St. L. Rev. 185 C1-2Table of Contents Introduction. 186 I. The Sky Is Not Falling. 190 II. Treaties of Adhesion. 191 A. Contracts of Adhesion. 191 B. International Contracts of Adhesion. 192 III. TRIPS Is a Treaty of Adhesion. 194 A. Treaties of Adhesion as International Law. 194 B. Applying the Adhesion Factors to TRIPS. 198 C.... 2007  
David P. Weber United States v. Lara--federal Powers Couched in Terms of Sovereignty and a Relaxation of Prior Restraints 83 North Dakota Law Review 735 (2007) [T]he tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. Imagine the following scenario: a non-Indian resident of Minnesota, a member of the Cherokee tribe residing in Oklahoma, who is visiting South Dakota for the first time, and a member of the Oglala Sioux tribe are... 2007  
Curtis A. Bradley Unratified Treaties, Domestic Politics, and the U.s. Constitution 48 Harvard International Law Journal 307 (Summer, 2007) Many commentators who favor expansions in international law also favor restrictions on executive authority. What these commentators often fail to recognize is the potential for conflict between these two commitments. In this Article, I consider one example of this potential conflict: the effect under international law of signed but unratified... 2007  
A. Dan Tarlock and Sarah B. Van de Wetering Water and Western Growth 59 Planning & Environmental Law p. 3 (May, 2007) The West's population is growing at the same time that water supplies face continued and new stresses. Western states benefit both from the continued population shift toward the sunshine and mountains and from immigrants who fuel the country's absolute population growth. Contrary to any concerns about limited water supplies, people want to live in... 2007  
Oliver J. McKinstry We'd Better Treat Them Right: a Proposal for Occupational Cooperative Bargaining Associations of Sex Workers 9 University of Pennsylvania Journal of Labor and Employment Law 679 (Spring 2007) In a dimly lit room at a local community center, a group of workers comes together to discuss their work. The agenda includes issues like promoting health and safety standards, standardizing wages, and obtaining health benefits. Before getting through the agenda, however, members of the group share their stories from the job. Some have positive... 2007  
Paul Taylor We're All in this Together: Extending Sovereign Immunity to Encourage Private Parties to Reduce Public Risk 75 University of Cincinnati Law Review 1595 (Summer 2007) The concept of sovereign immunity--the doctrine under which governments are considered immune from suit unless they consent to such suits--has long been supported by the policy that, if government is necessary to perform some essential functions, it should be able to perform those functions free from costly litigation that would allow courts and... 2007  
Justin Lowe What Would Grotius Do? Methods and Implications of Incorporating the Contract Law Doctrine of Illusory Promises into the Law of Treaty Interpretation 6 Washington University Global Studies Law Review 703 (2007) The United States and the Democratic People's Republic of North Korea (DPRK), along with four other nations, reached an agreement on September 19th, 2005, whereby the DPRK committed to abandon all nuclear weapons programs and return to the Nuclear Non-Proliferation Treaty. In response, the United States stated that it has no intention to attack or... 2007  
Anthony Clark Arend Who's Afraid of the Geneva Conventions? Treaty Interpretation in the Wake of Hamdan v. Rumsfeld 22 American University International Law Review 709 (2007) I. THE COMMON ARTICLE 3 CONTROVERSY AND HAMDAN. 713 A. The Position of the Administration. 713 B. The Supreme Court's Response in Hamdan. 716 C. The Implications of the Court's Decision for Treaty Interpretation. 721 II. SUPREME COURT PRACTICE ON TREATY INTERPRETATION. 722 A. The Vienna Convention on the Law of Treaties. 722 B. Supreme Court... 2007  
Daniel Larson Yesterday's Technology, Tomorrow: How the Government's Treatment of Intellectual Property Prevents Soldiers from Receiving the Best Tools to Complete Their Mission 7 John Marshall Review of Intellectual Property Law 171 (Fall, 2007) The value of an idea lies in the using of it. Thomas Edison The bullet passed through Lance Cpl. Juan Valdez-Castillo as his Marine patrol moved down a muddy urban lane. It was a single shot. The lance corporal fell against a wall, tried to stand and fell again .. . [His Sergeant] grabbed the corporal by a strap and dragged him across a muddy road... 2007  
Kathleen M. Sullivan, California State University, Los Angeles (Re)landscaping Sovereignty in British Columbia, Canada 29 PoLAR: Political and Legal Anthropology Review 44 (May, 2006) Transgression is an action which involves the limit, that narrow zone of a line where it displays the flash of its passage, but perhaps also its entire trajectory even its origin; it is likely that transgression has its entire space in the line it crosses. [Foucault 1977:33-34] Many forms of sovereignty are still, albeit not exclusively, anchored... 2006  
  2006 Patent Cooperation Treaty Conference: Transcript of Proceedings 32 William Mitchell Law Review 1603 (2006) I. Introduction. 1604 II. Theme One: The PCT in the Short Term. 1606 A. Topic One: The Current State of the PCT: Accomplishments and Challenges, Opportunities and Threats. 1606 1. WIPO Perspective: Jay Erstling. 1606 2. Practitioner Perspective: Ted Ringsred. 1617 B. Topic Two: A Deeper Look at Some of the New Developments. 1625 1. WIPO... 2006  
Jennifer Fischer A Comparative Look at the Right to Refuse Treatment for Involuntarily Hospitalized Persons with a Mental Illness 29 Hastings International and Comparative Law Review 153 (Winter 2006) The issues surrounding the legal responsibility of caring for and maintaining a person with a mental illness go back almost 2500 years. The Romans asked questions that reverberate today: What was the legal status of a mentally disabled person during his lucid moments? Was he still under the protection of a guardian? If not, was it necessary to... 2006  
Jordana S. Rubel A Missed Opportunity: the Ramifications of the Committee Against Torture's Failure to Adequately Address Israel's Ill-treatment of Palestinian Detainees 20 Emory International Law Review 699 (Fall 2006) Israel has confronted terrorist threats since its birth as a nation in 1948. While Israel endeavors to protect its very existence as a democratic state, it must also protect the civil rights of its citizens. Over the past several decades, Israel has publicly struggled to balance these two fundamental interests. Justice Brennan wisely predicted in... 2006  
Faith J. Jackson A Streetcar Named Negligence in a City Called New Orleans--a Duty Owed, a Duty Breached, a Sovereign Shield 31 Thurgood Marshall Law Review 557 (Spring, 2006) They told me to take a street-car named Desire, and then transfer to one called Cemeteries and ride six blocks and get off at-Elysian Fields! As the citizens of New Orleans engage in efforts to return to New Orleans, to once again dwell in the familiarity of their homes, churches, businesses, and schools, and to once again find an existence in... 2006  
  Adive Sovereignty in the 21st Century 53-APR Federal Lawyer 34 (March/April, 2006) Tribal leaders and advocates have long known, understood, and even memorized Felix Cohen's classic statement of tribal sovereignty appearing on page 122 of his original Handbook of Federal Indian Law: The powers vested in Indian tribes are inherent powers of a limited sovereignty that has rever been extinguished. In the early years of the 21st... 2006  
Patrick McKinley Brennan Against Sovereignty: a Cautionary Note on the Normative Power of the Actual 82 Notre Dame Law Review 181 (November, 2006) When all is said and done . . . it is the will symbolism in one or other of its orthodox sovereignty versions which still requires our most vigilant housekeeping attention. This is the reason for concentrating on the concrete organ and the abstract state as candidates for that mythical political god-head in which power becomes de jure without... 2006  
Rachel Welch And Not a Drop to Drink: Water Privatization, Pseudo-sovereignty, and the Female Burden 15 Tulane Journal of International and Comparative Law 311 (Winter 2006) I. Water Scarcity, Privatization, and the Female Burden: An Introduction. 311 II. Water Privatization in the Developing World: Two Countries, Two Controversies. 314 A. Cochabamba, Bolivia: The Price of Life. 316 B. Water Scarcity, Cholera, and Women: South Africa's Privatization Nightmare. 319 III. Comment 15: The Failure of a Rights-Based Analysis... 2006  
Joshua P. Welsh Appendix 36 Stetson Law Review 247 (Fall 2006) The inconsistencies between state conservation easement statutes, particularly as they relate to the protection of wetlands, are best seen in comparison to one another, in the form of the table provided below. When a statute conforms exactly to the UCEA, this conformity will be noted. Otherwise, the table will only note deviations or significant... 2006  
Joseph F. Cascio Are All Roads Tolled? State Sovereign Immunity and the Federal Supplemental Jurisdiction Tolling Provision 73 University of Chicago Law Review 965 (Summer 2006) Lance Raygor believed that his employer, the University of Minnesota, had discriminated against him because of his age. He sued the University, an arm of the state, in federal court under the federal Age Discrimination in Employment Act (ADEA) and the Minnesota Human Rights Act. In its pleadings, the state asserted sovereign immunity from federal... 2006  
G. Christine Ballard and Wray E. Bradley Beyond Tax Treaties: Status of Forces and Usaid Agreements 17 Journal of International Taxation 52 (April, 2006) U.S. persons who work directly or indirectly for the U.S. government overseas may not be subject to host-country taxation due to international agreements such as SoFAs and USAID agreements. The United States imposes income taxes on its citizens wherever they live and wherever they derive income, while most other countries tax income based on... 2006  
Nancy S. Kim Blameworthiness, Intent, and Cultural Dissonance: the Unequal Treatment of Cultural Defense Defendants 17 University of Florida Journal of Law and Public Policy 199 (August, 2006) Many scholars have debated the wisdom and meaning of the cultural defense. The use of the term itself is a misnomer as it is rarely used to advocate a formalized defense. In this Essay, I use the term cultural defense to refer to any use of cultural evidence in criminal cases to justify, exculpate, or mitigate a defendant's actions.... 2006  
Luke A. McLaurin Can the President "Unsign" a Treaty? A Constitutional Inquiry 84 Washington University Law Review 1941 (2006) In May 2002, President Bush sparked controversy in the international community with his purported unsigning of the Rome Statute of the International Criminal Court (ICC), a major multilateral treaty. Although President Clinton had signed the Rome Statute on December 31, 2000-- the last day in which the treaty remained open for signature--with... 2006  
Donald P. Harris Carrying a Good Joke Too Far: Trips and Treaties of Adhesion 27 University of Pennsylvania Journal of International Economic Law 681 (Fall 2006) Now is the time for international lawyers to focus on the issue of fairness in the law. The new maturity and complexity of the system calls out for a critique of law's content and consequences. Its extensive coverage and its audacious incursions into state sovereignty demand a new emphasis on the system's values, aims, and effects. Should fairness... 2006  
Naoki Kanaboshi Competent Persons' Constitutional Right to Refuse Medical Treatment in the U.s. and Japan: Application to Japanese Law 25 Penn State International Law Review Rev. 5 (Summer 2006) The goal of this article is to clarify the meaning and scope of the constitutional right to refuse medical treatment in Japan. Once clarified, the constitutional right to refuse treatment could govern the interpretation and application of relevant statutes in certain situations. This thesis posits that the right to refuse treatment is protected... 2006  
  Constitutional Law -- Political Question Doctrine -- Ninth Circuit Holds That Whether the President May Conclude a Treaty with Hong Kong Does Not Constitute a Political Question. -- Wang v. Masaitis, 416 F.3d 992 (9th Cit. 2005) 119 Harvard Law Review 2300 (May, 2006) The political question doctrine mandates that the political branches, rather than the courts, determine the constitutionality of certain courses of action. Since the doctrine requires courts to recognize the President's discretion over many aspects of foreign affairs, judicial treatment of the doctrine is often intertwined with issues of... 2006  
Ralph A. Litzinger, Duke University Contested Sovereignties and the Critical Ecosystem Partnership Fund 29 PoLAR: Political and Legal Anthropology Review 66 (May, 2006) The Critical Ecosystem Partnership Fund (CEPF) is a new global conservation-funding project created in 2000 through start-up funds from Conservation International, the World Bank, the Global Environmental Facility, and the MacArthur Foundation. It aims to protect the world's biodiversity hotspots, promote civil society, and assist in the Millennial... 2006  
Kristen A. Carpenter Contextualizing the Losses of Allotment Through Literature 82 North Dakota Law Review 605 (2006) Some years ago, scholars issued a call to context, arguing that legal rules should be studied and applied with attention to the historical, personal, cultural, geographic, and other circumstances that give rise to legal problems. These scholars critiqued a strict rule-of-law model wherein abstract legal principles dominated legal thinking. By... 2006  
Erwin Chemerinsky Court Revisits Sovereign Immunity in Discrimination Cases 42-MAR Trial 70 (March, 2006) Over the last decade, few areas of constitutional law have received more attention from the Supreme Court than sovereign immunity. Since 1996, the Court has significantly limited plaintiffs' ability to sue state governments. But its most recent ruling on the issue, in United States v. Georgia, actually opens the door to more lawsuits against states... 2006  
Wenona T. Singel Cultural Sovereignty and Transplanted Law: Tensions in Indigenous Self-rule 15-WTR Kansas Journal of Law & Public Policy 357 (Winter 2006) Two forces that have a tremendous impact on tribal legal systems are in direct conflict with each other. This essay describes what these forces are, explains why they are in conflict, and discusses what can be done to minimize this conflict. The first force is the concept of cultural sovereignty. This concept refers to an indigenous counterforce to... 2006  
Suzana Sawyer , University of California, Davis Disabling Corporate Sovereignty in a Transnational Lawsuit 29 PoLAR: Political and Legal Anthropology Review 23 (May, 2006) This article examines the opening proceedings of a lawsuit against ChevronTexaco filed on behalf of 30,000 Ecuadorians for industrial contamination in the country's Amazonian region. It asks what are the legal and ethical regimes at play in defining (and denying) corporate sovereignty and impunity, corporate entanglements and accountabilities.... 2006  
Eric L. Sherbine Does Cutter v. Wilkinson Change the Analysis of Mandated Dui Treatment Programs?: a Critical Response 6 University of Maryland Law Journal of Race, Religion, Gender and Class 223 (Spring 2006) In the previous issue of the University of Maryland Law Journal of Race, Religion, Gender and Class, Professors Morris Jenkins, Brandene Moore and Eric Lambert of the University of Toledo, along with Professor Alan Clarke of the Utah Valley State College (A.A. proponents), argued that mandatory attendance in Alcoholics Anonymous (A.A.) as a... 2006  
Wright Schickli Equipment Fee Clauses in U.s. Tax Treaties: the Unmolded Progeny of Madame Tussaud? 59 Tax Lawyer 419 (Winter, 2006) C1-3TABLE OF CONTENTS I. INTRODUCTION. 421 II. EQUIPMENT FEE CLAUSES. 422 A. In General. 422 B. A Brief History of Equipment Fee Clauses. 423 C. Scope of Equipment Fee Clauses. 427 III. BACKGROUND REGARDING GENERALLY APPLICABLE U.S. TAX RULES. 427 A. Revenue Characterization. 427 1. In General. 427 2. Sales Income vs. Rental Income. 427 3. Rental... 2006  
Duncan B. Hollis Executive Federalism: Forging New Federalist Constraints on the Treaty Power 79 Southern California Law Review 1327 (9/1/2006) The treaty lives a double life. By day, it is a creature of international law, which sets forth extensive substantive and procedural rules by which the treaty must operate. When these rules prove susceptible to dispute--as is the case with treaty reservations, for example--international lawyers vigorously debate both how to clarify the rules and... 2006  
Caroline T. Nguyen Expansive Copyright Protection for All Time? Avoiding Article I Horizontal Limitations Through the Treaty Power 106 Columbia Law Review 1079 (June, 2006) At the core of this Note is the following question: Can Congress use an alternate source of power to pass copyright legislation that exceeds the enumerated power of the Copyright Clause? In United States v. Moghadam, the Eleventh Circuit used the Commerce Clause to uphold an antibootlegging statute that arguably exceeded the scope of the Copyright... 2006  
Joshua P. Welsh Firm Ground for Wetland Protection: Using the Treaty Power to Strengthen Conservation Easements 36 Stetson Law Review 207 (Fall 2006) Wetland conservation is a national and international legal imperative. Wetlands provide a variety of functions in the natural environment and a number of values for human beings. Beyond their intrinsic value, wetlands serve as habitat for fish and wildlife, help to recharge groundwater and enhance water quality, and aid in the control of... 2006  
Chang-fa Lo From S&d Treatment to S&d Agreement under the Wto: Developing Friendlier Global Governance of Trade for Developing Countries 1 Asian Journal of WTO & International Health Law & Policy 33 (March, 2006) Since developing Members of the WTO are diverse in their positions and concerns, it would not be possible to form unified views for these countries on all issues. However, the need of S&D treatment for developing Members should be the same. The WTO has made a lot of effort to discuss and incorporate S&D provisions in different agreements. However,... 2006  
Sarah J. Farley Gonzalez v. Raich and the Federal Child Pornography Statutes: Balancing the Commerce Clause and State Sovereignty 2 Seton Hall Circuit Review 621 (Spring, 2006) L1-2Introduction . L3622 I. History of Child Pornography Legislation. 623 A. Brief History of Commerce Clause Jurisprudence. 623 B. The Federal Child Pornography Statutes. 626 II. The Circuit Split. 629 A. Circuits that Upheld the Child Pornography Statutes as Constitutional. 629 B. Circuits that Struck Down the Statutes. 635 C. Analysis of Circuit... 2006  
Eugene R. Fidell Guantánamo and All That 53-FEB Federal Lawyer 45 (February, 2006) Editor's Note: This speech was given at the Eighth Circuit Judicial Conference in Colorado Springs, Colo., on Oct. 20, 2005. It has been slightly edited for style. The source is not Robert Graves's autobiography, but rather a funny little book 1066 and All That detailing the history of England from the time of the Norman Conquest to, roughly,... 2006  
Yuval Shany How Supreme Is the Supreme Law of the Land? Comparative Analysis of the Influence of International Human Rights Treaties upon the Interpretation of Constitutional Texts by Domestic Courts 31 Brooklyn Journal of International Law 341 (2006) We emphasize that it is American standards of decency that are dispositive .. While the practices of other nations, particularly other democracies, can be relevant . they cannot serve to establish the first Eighth Amendment prerequisite, that the practice is accepted among our people. The [Australian] Constitution is our fundamental law, not a... 2006  
Larry Catá Backer Ideologies of Globalization and Sovereign Debt: Cuba and the Imf 24 Penn State International Law Review 497 (Winter 2006) This article examines two fundamentally different perspectives when nation-states participate as creditors and debtors. The issue of sovereign debt--its character and effect--is really part of the much larger battle between two fundamentally opposed visions of the nature and character of the nation-states in general, and debtor states in... 2006  
Dan Danielsen, Northeastern University School of Law Imperialism, Sovereignty and the Making of International Law. By Antony Anghie. Cambridge, New York: Cambridge University Press, 2005. Pp. Xix, 356. Index. $110, £60 100 American Journal of International Law 757 (July, 2006) Reading Antony Anghie's Imperialism, Sovereignty and the Making of International Law is at once confounding and revelatory. The ambition of the book, wrought with skillful erudition and unflinching narrative style, is much larger than fleshing out the traditional history of international law with a more articulated catalogue of the crimes that the... 2006  
G. Braxton Price Inevitable Inequities: the Public Duty Doctrine and Sovereign Immunity in North Carolina 28 Campbell Law Review 271 (Spring 2006) On January 30, 2005, a young mother and her son made their way down a meandering country road in rural North Carolina on their way to church. Accompanying them were two sisters, a six-year-old and a ten-year-old, who were friends of the family. A few miles from church, the right front tire of the compact car in which the group rode dropped off into... 2006  
  International Law -- Treaty Remedies -- Seventh Circuit Finds Implied Right of Action in Vienna Convention on Consular Relations. -- Jogi v. Voges, 425 F.3d 367 (7th Cir. 2005) 119 Harvard Law Review 2644 (6/1/2006) It has been said that treaties are compacts or contracts among nations rather than conventional law. Little wonder, then, that fitting them within the domestic legal framework is so vexing. Recently, in Jogi v. Voges, the Seventh Circuit concluded that the Vienna Convention on Consular Relations provides foreign defendants with an implied cause... 2006  
Tseming Yang International Treaty Enforcement as a Public Good: Institutional Deterrent Sanctions in International Environmental Agreements 27 Michigan Journal of International Law 1131 (Summer 2006) Introduction. 1132 I. A Brief Overview of the Problem of Treaty Enforcement. 1134 A. The Difficulty of Coercing States: Traditional Sanctions Options. 1135 1. Countermeasures: Retorsion, Reciprocal Action, and Reprisals. 1135 2. Membership Sanctions. 1136 3. Treaty-Based Mechanisms: Bilateral and Collective Sanctions. 1137 B. Alternatives to... 2006  
Ann Woolhandler Interstate Sovereign Immunity 2006 Supreme Court Review 249 (2006) In Nevada v Hall, the Supreme Court held that the Constitution does not prevent a state from opening its courts to suits against other states. The Court therefore affirmed a California damages judgment against Nevada arising from an automobile accident in California. More recently, in Franchise Tax Board v Hyatt, the Court unanimously allowed a... 2006  
Kathleen M. Sullivan, California State University, Los Angeles Introduction: Negotiating Sovereignty in the Context of Global Environmental Relations 29 PoLAR: Political and Legal Anthropology Review Rev. 1 (May, 2006) For a wide and diverse audience of Americans, the tsunami in the Indian Ocean in December 2004 and the floods in the aftermath of Hurricane Katrina in 2005 drove home the realization, perhaps as never before, that natural disasters never reshape the lives of everyone equally, even when people share the same physical space of disaster. Television,... 2006  
Andrew Koppelman Is it Fair to Give Religion Special Treatment? 2006 University of Illinois Law Review 571 (2006) It is widely believed that the First Amendment puts courts and legislatures of the United States in a double bind when it comes to religion: requiring them to remain neutral with respect to religious concerns, while simultaneously protecting these same concerns. Many areas of law currently recognize religious exemptions from generally applicable... 2006  
John Alan Cohan Judicial Enforcement of Lifesaving Treatment for Unwilling Patients 39 Creighton Law Review 849 (June, 2006) I. INTRODUCTION. 850 II. THE NATURE OF THE RIGHT OF AUTONOMY. 855 III. PARENTAL REFUSAL TO CONSENT TO LIFESAVING TREATMENT FOR MINOR CHILDREN. 860 A. Nature of the Right to Act As Surrogate Decision Makers for Children. 860 B. The Dichotomy Between the Right to Hold Religious Beliefs and the Right to Act upon Them. 861 C. Case Law Overriding... 2006  
Richard J. Peltz Limited Powers in the Looking-glass: Otiose Textualism, and an Empirical Analysis of Other Approaches, When Activists in Private Shopping Centers Claim State Constitutional Liberties 53 Cleveland State Law Review 399 (2005-2006) I. L2-4,T4Introduction 399 II. L2-4,T4Background: Taking Textbook Enumerated Powers to the Mall 401 A. L3-4,T4Federal and State Constitutions 401. B. L3-4,T4The State Action Requirement 404. III. L2-4,T4Inquiries and Findings: Two Questions, Few Answers 407 IV. L2-4,T4Method and Analysis: Eighteen Opinions and Six Modes of Argument 410 A.... 2006  
Mike Pellegrino Maximizing Favorable Tax Treatment for Software Embedded in Purchased Assets 105 Journal of Taxation 79 (August, 2006) The tax treatment of software, on both the federal and state levels, has not kept pace with the accelerating use of software to control machinery and equipment, from the very simplest objects to the most complicated. The old approaches, including the separate invoice test, simply do not work and elevate form over substance to a degree unacceptable... 2006  
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