AuthorTitleCitationSummaryYearKey Terms
Anjanette Hamilton Privatizing International Humanitarian Treaty Implementation: a Critical Analysis of State Department Regulations Implementing the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption 58 Administrative Law Review 1053 (Fall 2006) Introduction. 1054 I. Intercountry Adoption, the Hague Convention, and the IAA. 1057 A. History of Intercountry Adoption in the United States. 1057 B. The Hague Convention. 1059 C. The Intercountry Adoption Act of 2000. 1060 II. Overview of the Regulations. 1063 III. Accreditation Through a Substantial Compliance Model Contravenes the IAA and the... 2006  
Frances R. Hill Putting Voters First: an Essay on the Jurisprudence of Citizen Sovereignty in Federal Election Law 60 University of Miami Law Review 155 (January, 2006) We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessing of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. So begins the... 2006  
Cherish M. Keller Re-enfranchisement Laws Provide Unequal Treatment: Ex-felon Re-enfranchisement and the Fourteenth Amendment 81 Chicago-Kent Law Review 199 (2006) For to repeat, wealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, too fundamental to be so burdened or conditioned. Harper v. Virginia Board of Elections The last two elections have been decided by slim margins. In 2000, George W. Bush gained Florida's Electoral College votes by a margin... 2006  
Ahati N. N. Touré Reflections on Paradigms in Power: Imperialism and Americanization as a Modal Relationship Explaining the Treatment of Afrikans in the United States During and after Hurricane Katrina 31 Thurgood Marshall Law Review 427 (Spring, 2006) The establishment of the British colony in the region of the world that was to become known as North America and that evolved into the United States was the result of the imperialist thrust of Europe into the global conquest of the world-of Africa, of Asia, and of that part of the world the European conquerors would rename the Americas. Far from... 2006  
Thomas Albright Rescuing Dole: Limiting the Intrusion of the Federal Common Law of Foreign Relations into the Foreign Sovereign Immunities Act 57 Hastings Law Journal 601 (February, 2006) With the proliferation of globalization, and the exportation of industrialization from the United States and other developed nations, catastrophic disasters causing the deaths of thousands or tens of thousands have occurred throughout the world. Often, these disasters spawn litigation that spans the globe and drags on for years, if not decades. In... 2006  
Alex B. Roberts Reservations on Tribal Sovereignty: How United States v. Lara Will Affect Indians, Tribes, and the Fight to Regain Independence 43 Houston Law Review 527 (Symposium 2006) I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... 2006 Yes
David A. Balton, Holly R. Koehler Reviewing the United Nations Fish Stocks Treaty 7 Sustainable Development Law & Policy Pol'y 5 (Fall 2006) Like a number of key stocks of fish in the world's oceans, good news on the subject of international fisheries has become less plentiful. The international community has grappled for years with growing concern over the state of the marine environment, particularly the health of living marine resources and their habitats. The conservation and... 2006  
Paul E. Frye Section 1813 of the Energy Policy Act of 2005: Implications for Tribal Sovereignty and Self-sufficiency 42 Tulsa Law Review 75 (Fall, 2006) Rights-of-way across Indian lands are often as valuable as other resources located within Indian country. The statutes governing grants of rights-of-way on Indian lands are found at title 25 U.S.C. §§ 311 to 328. Applicable regulations are found in 25 C.F.R. part 169. Federal control over rights-of-way is sufficiently pervasive for compensable... 2006 Yes
Rennard Strickland Sequoyah Statehood, the Oklahoma Centennial and Sovereignty Envy: a Personal Narrative and a Public Proposal 30 American Indian Law Review 365 (2005-2006) I grew up as a mixed-blood (Osage and Cherokee) Okie from Muskogee. The lost but haunting dream of an Indian State named Sequoyah (1905-1906) still loomed large in my Muskogee life. It seemed to be everywhere! For example, when you went to the pediatrician, your doctor was at the Fite Clinic housed in what would have been the mansion of the... 2006  
Sonia K. Katyal Sexuality and Sovereignty: the Global Limits and Possibilities of Lawrence 14 William & Mary Bill of Rights Journal 1429 (April, 2006) In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion,... 2006  
Donald J. Kochan Sovereignty and the American Courts at the Cocktail Party of International Law: the Dangers of Domestic Judicial Invocations of Foreign and International Law 29 Fordham International Law Journal 507 (February, 2006) With increasing frequency and heightened debate, U.S. courts have been citing foreign and international law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The judicial citation to foreign and international law--a relatively new and certainly controversial phenomenon --is part of a larger... 2006  
John Alan Cohan Sovereignty in a Postsovereign World 18 Florida Journal of International Law 907 (December, 2006) Sovereignty has been criticized as being of more value for oratory purposes and persuasion than for science and law. In 1993, Louis Henkin, the then-president of the American Society for International Law, urged that the word sovereignty be banished from polite or educated society. Today, in an era of globalization, of genocide, of rogue states,... 2006  
Lila Barrera-Hernandez Sovereignty over Natural Resources under Examination: the Inter-american System for Human Rights and Natural Resource Allocation 12 Annual Survey of International and Comparative Law 43 (Spring, 2006) The present paper is based on the contention that, by virtue of the impact of resource exploitation on individuals, international human rights' tribunals and bodies, particularly the organs of the Inter-American System, are increasingly in the position of allocator of natural resources, giving new meaning to the concept of permanent sovereignty.... 2006  
Federico Lenzerini Sovereignty Revisited: International Law and Parallel Sovereignty of Indigenous Peoples 42 Texas International Law Journal 155 (Fall 2006) I. Introduction: The Evolution of the Concept of Sovereignty from Political Theory to International Law. 156 II. Sovereignty, Self-Determination of Peoples, and Democracy. 160 III. Indigenous Sovereignty. 163 IV. Major Potential Titles of Indigenous Sovereignty. 166 A. Recognizing the Invalidity of the Original Title of Indigenous Lands... 2006  
Austen L. Parrish Sovereignty, Not Due Process: Personal Jurisdiction over Nonresident Alien Defendants 41 Wake Forest Law Review Rev. 1 (Spring 2006) The Due Process Clause, with its focus on a defendant's liberty interest, has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not... 2006  
Srinivas Aravamudan Sovereignty: Between Embodiment and Detranscendentalization 41 Texas International Law Journal 427 (Summer, 2006) Let me begin with a brief reflection on each of the four key concepts in the title for this symposium that should help air some of the important assumptions about the connection between internal and external notions of sovereignty. After an introductory reflection, I ground discussions of sovereignty in terms of the Enlightenment philosophical... 2006  
Jonathan C. Thomas Spatialis Liberum 7 Florida Coastal Law Review 579 (Summer, 2006) Within the realms of the corpus juris spatialis, scholars are envisioning the future of humankind and what laws should govern their progeny. This movement is reminiscent of earlier times, not far removed, when new advances by humankind in outer space were on the daily news and prime-time television. The renaissance of this new intellectual push,... 2006  
Amy Borgman Stamping out the Embers of Tribal Sovereignty: City of Sherrill v. Oneida Indian Nation and its Aftermath 10 Great Plains Natural Resources Journal 59 (Spring 2006) [T]he power to tax involves the power to destroy . . . . Great nations, like great men, should keep their word. I. Introduction. 59 II. Facts and Procedure. 61 III. Background. 62 A. Principles of Indian Law. 62 1. The Discovery Doctrine. 62 2. The Federal Trust Responsibility to Indian Nations. 63 3. Early Indian Tax Cases. 64 B. Equitable... 2006 Yes
  State Sovereign Immunity -- Bankruptcy 120 Harvard Law Review 125 (November, 2006) Bankruptcy law has come a long way since the eighteenth century, when debtors were often punished with imprisonment and fared worse in colonial jails than common criminals. Thanks partly to the U.S. Constitution's Bankruptcy Clause, a debtor can no longer be stripped of all his assets in New Jersey and then thrown in jail in Pennsylvania for not... 2006  
John Harrison State Sovereign Immunity and Congress's Enforcement Powers 2006 Supreme Court Review 353 (2006) Amid the current Justices' sharp disagreements on sovereign immunity there is one important point of agreement. According to the cases, the Constitution imposes significant limits on Congress's power to create private causes of action against nonconsenting states. On this point four of the Justices strongly dissent. The cases, however, recognize an... 2006  
Richard Lieb State Sovereign Immunity: Bankruptcy Is Special 14 American Bankruptcy Institute Law Review 201 (Spring, 2006) Introduction I. A Bird's Eye View of Seminole Tribe, Hood, and Katz II. The Significance of Seminole Tribe to Bankruptcy III. Hood's Departure From Seminole Tribe IV. Katz Goes Beyond Hood V. Issues Not Addressed By Katz VI. Early History of State Sovereign Immunity VII. Seminole Tribe Ensures the States' Sovereign Immunity VIII. Pre-Hood Supreme... 2006  
Robert Laurence Teaching Treaties: Treaty Abrogation and the Rule Against Perpetuities: Seventeen Quotations and Two Graphs to Get Students Talking 82 North Dakota Law Review 795 (2006) This is me. What you read following each quotation or graph is my commentary upon the material that I present to my students, via handouts, as we study Indian treaties. To begin with, unlike most of the other Indian law courses discussed at this Symposium, in mine--taught in a state without Indian Country, and to an audience almost entirely non-... 2006  
Jason C. Nelson The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians 17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land.... 2006 Yes
David Sweis The Availability of Damages to Foreign Nationals for Violation of the Consular Relations Treaty 19 New York International Law Review 63 (Summer, 2006) On September 27, 2005, the U.S. Court of Appeals for the Seventh Circuit ruled that Article 36 of the Vienna Convention on Consular Relations (VCCR) creates an individual right and provides a civil cause of action for its violation. Jogi v. Voges presents several interesting issues of international law, the most groundbreaking being the possibility... 2006  
Ben Geiger The Case for Treating Ex-offenders as a Suspect Class 94 California Law Review 1191 (July, 2006) Ex-offenders occupy one of the most marginalized positions in America. While people with criminal histories have always been reviled and subject to prejudice, several developments in America over the last three decades have escalated the scope and intensity of ex-offenders' marginalization. These historical events include the War on Drugs; the... 2006  
Justice Modibo Ocran The Clash of Legal Cultures: the Treatment of Indigenous Law in Colonial and Post-colonial Africa 39 Akron Law Review 465 (2006) The historic Berlin Conference on Africa in 1885 is often credited with the official beginning of colonialism in Africa. However, this Conference, held among the principal colonial European powers (Germany, France, Britain, Belgium, and Portugal), essentially marked the agreement among those powers to define territorial areas of influence in... 2006  
Eric Berger The Collision of the Takings and State Sovereign Immunity Doctrines 63 Washington and Lee Law Review 493 (Spring, 2006) C1-3Table of Contents I. Introduction. 494 II. Framing the Problem. 501 III. The Doctrinal Collision Course. 504 A. Takings Doctrine and Tax Refund Cases. 504 1. Takings Cases. 504 2. Due Process Tax Refund Cases. 507 B. State Sovereign Immunity Doctrine. 509 C. The Unanswered Questions. 516 IV. The Textual Argument. 518 V. The Structural... 2006  
Huyen Pham The Constitutional Right Not to Cooperate? Local Sovereignty and the Federal Immigration Power 74 University of Cincinnati Law Review 1373 (Summer, 2006) I. Introduction. 1374 II. Federalism Harms of Cooperation Laws:Immigration as a Case Study. 1378 A. The Significance of Cooperation. 1379 B. The Roots of Non-Cooperation. 1381 1. Nature of the Immigration Power. 1381 2. Sanctuary Laws. 1382 3. Federal Reaction: 1996 Cooperation Laws. 1384 C. Non-Cooperation Laws Post 9/11:. 1386 1. Federal Push for... 2006  
Adam R. Tarosky The Constitutionality of Wipo's Broadcasting Treaty: the Originality and Limited Times Requirements of the Copyright Clause 2006 Duke Law & Technology Review 16 (9/25/2006) Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress's Copyright Clause power: the originality and limited times requirements. But Congress has a trump card-- the Commerce Clause. This iBrief argues... 2006  
Juliet Stumpf The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power 56 American University Law Review 367 (December, 2006) Prologue: Memorandum to the President-Elect. 368 Introduction. 376 I. Immigration and Criminal Law Converge. 379 A. Overlap in the Substance of the Law. 381 1. Removing noncitizen offenders. 382 2. Immigration-related criminal offenses. 384 3. Crimmigration and terrorism. 385 B. Similarities in Enforcement. 386 C. Procedural Parallels. 390 D.... 2006  
Mason D. Morisset The Cushman Dam Case and Indian Treaty Rights: Skokomish Indian Tribe v. United States, et Al. 27 Public Land & Resources Law Review 23 (2006) I. INTRODUCTION 23 II. THE COURT BARS MONETARY RELIEF DESPITE CLEAR DAMAGE TO TREATY PROTECTED RIGHTS 25 III. INDIVIDUAL TRIBAL MEMBERS HAVE A CAUSE OF ACTION BUT ARE BARRED MONETARY RELIEF UNDER42 U.S.C. § 1983 27 IV. THE ORIGINAL PANEL MAJORITY OPINION RELEGATES FISHING TO A SECONDARY PURPOSE OF THE RESERVATION WITHOUT ATTENDANT RESERVED WATER... 2006 Yes
Andrea Kupfer Schneider The Day after Tomorrow: What Happens Once a Middle East Peace Treaty Is Signed? 6 Nevada Law Journal 401 (Winter 2005-2006) Dealing with the Israeli-Palestinian conflict sometimes seems like wading into quicksand. Far more good ideas and good intentions have been focused on this conflict than would seem possible, judging by the progress over the last forty years (or eighty years). And yet, good people on many sides of this conflict hope and expect that within their... 2006  
Andrea Kupfer Schneider The Day after Tomorrow: What Happens Once a Middle East Peace Treaty Is Signed? 6 Nevada Law Journal 401 (Winter 2005-2006) Dealing with the Israeli-Palestinian conflict sometimes seems like wading into quicksand. Far more good ideas and good intentions have been focused on this conflict than would seem possible, judging by the progress over the last forty years (or eighty years). And yet, good people on many sides of this conflict hope and expect that within their... 2006  
Ryan P. Logan The Detainee Treatment Act of 2005: Embodying U.s. Values to Eliminate Detainee Abuse by Civilian Contractors and Bounty Hunters in Afghanistan and Iraq 39 Vanderbilt Journal of Transnational Law 1605 (November, 2006) The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to... 2006  
Laurence Michael Bogert The Future Is No Place to Place Your Better Days: Sovereignty, Certainty, Opportunity, and Governor Kempthorne's Shaping of the Nez Perce Agreement 42 Idaho Law Review 673 (2006) Idaho offers a unique quality of life. We must not lose our clean air or clean water, our ability to hunt and fish, or the many other outdoor recreation possibilities that are so much a part of our life. To lose these would be to lose our identity and our heritage. In dealing with environmental issues, I know regulators often become focused on... 2006  
Pamela A. Fuller The Japan-u.s. Income Tax Treaty: Signaling New Norms, Inspiring Reforms, or Just Tweaking Anachronisms in International Tax Policy? 40 International Lawyer 773 (Winter 2006) What form will international tax cooperation take over the twenty-first century? What direction will it take in East Asia and along the Pacific Rim two of the world's hottest economic zones, where many developing countries are just now beginning to remove tax barriers to trade? What happens in Asia will undoubtedly affect the development of... 2006  
Gary Lawson , Guy Seidman The Jeffersonian Treaty Clause 2006 University of Illinois Law Review Rev. 1 (2006) At first glance, the Treaty Clause contained in Article II, Section 2 of the U.S. Constitution appears to grant power to the President and the Senate that is unlimited in scope, and that position represents settled doctrine. However, Professors Lawson and Seidman claim that this view of the Treaty Clause does not reflect the original meaning of the... 2006  
Evan C. Zoldan The King Is Dead, Long Live the King!: Sovereign Immunity and the Curious Case of Nonappropriated Fund Instrumentalities 38 Connecticut Law Review 455 (February, 2006) I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. Imagine two countries. Imagine that the first country is so committed to the economic rights of its citizens that it has obligated itself to award them compensation when it breaches its contractual obligations. Consider that this country allows... 2006  
Philip DeHart The Naalc and Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminación: Further Failure under a Flawed Treaty or the Beginning of Meaningful Protection from Employment Discrimination Throughout North America? 34 Georgia Journal of International and Comparative Law 657 (Spring, 2006) In 1995 Human Rights Watch interviewed women in Tijuana maquiladoras. These workers-along with their employers and local Tijuana officials-revealed a widely-adopted system of requiring prospective female employees in Mexico to undergo pregnancy testing. Women who were pregnant were denied employment. Women found to be pregnant soon after being... 2006  
Bradford D. Cooley The Navajo Uranium Ban: Tribal Sovereignty v. National Energy Demands 26 Journal of Land, Resources, and Environmental Law 393 (2006) After more than a decade of litigation over uranium mining in Navajo country, new lines are being drawn in the battle for regulatory control. On one side, the Navajo Nation, grassroots Navajos, the environmental community, and a number of U.S. Senators argue that the Nation's ban on uranium mining should be upheld, based on tribal sovereignty. On... 2006 Yes
John J. Chung The New Chapter 15 of the Bankruptcy Code: a Step Toward Erosion of National Sovereignty 27 Northwestern Journal of International Law and Business 89 (Fall 2006) The reform of the Bankruptcy Code, pursuant to the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act), has attracted much attention due to the dramatic reform of bankruptcy law relating to individual debtors under Chapters 7 and 13. Much less attention has been paid to the landmark introduction of the new... 2006  
David S. Jonas The New U.s. Approach to the Fissile Material Cutoff Treaty: Will Deletion of a Verification Regime Provide a Way out of the Wilderness? 18 Florida Journal of International Law 597 (August, 2006) I ask you to stop and think for a moment what it would mean to have nuclear weapons. . . . in the hands of countries large and small, stable and unstable, responsible and irresponsible, scattered through the world. There would be no rest for anyone then, no stability, no real security and no chance of effective disarmament. Nuclear proliferation... 2006  
Anthony J. Enright The Originalist's Dilemma: Katz and the New Approach to the State Sovereign Immunity Defense 81 Notre Dame Law Review 1553 (5/1/2006) Article I, Section 8 of the United States Constitution gives Congress the power To establish . . . uniform Laws on the subject of Bankruptcies throughout the United States. In exercising this power in the past thirty years, Congress has used language suggesting limitations on the ability of states to raise sovereign immunity as a defense to suits... 2006  
Jay Erstling, Isabelle Boutillon The Patent Cooperation Treaty: at the Center of the International Patent System 32 William Mitchell Law Review 1583 (2006) I. Introduction. 1583 II. Legislative Framework. 1585 III. Role of Offices. 1587 IV. PCT Procedure. 1589 A. The International Phase. 1590 1. Filing of the Application. 1590 2. International Search Procedure. 1592 3. International Publication. 1594 4. International Preliminary Examination Procedure. 1595 B. National Phase Procedure. 1597 V.... 2006  
Amy P. Maloney , Matt J. O'Laughlin The People Can Do No Wrong: an Examination of State and Eleventh Amendment Sovereign Immunity for Missouri's Public School Districts 74 UMKC Law Review 883 (Summer, 2006) This article examines conflicting legal authority governing the sovereign immunity of Missouri's public school districts within the context of tort and civil rights claims. In accordance with the expressed intent of the legislature, the article calls for an end to the judicial shrinking of the protections of sovereign immunity. School districts,... 2006  
Daniel P. Valentine, Esq. The Plenary Power of States to Infringe Intellectual Property under the Cloak of Sovereign Immunity 6 Journal of High Technology Law 165 (2006) The Eleventh Amendment to the United States Constitution immunizes the states from suits that are brought in federal court by citizens of foreign nations and other states. Although this may seem like a straightforward limitation on the jurisdiction of the federal courts, its scope has been evolving for over two centuries. Part I of this note... 2006  
Duncan E. J. Currie The Problems and Gaps in the Nuclear Liability Conventions and an Analysis of How an Actual Claim Would Be Brought under the Current Existing Treaty Regime in the Event of a Nuclear Accident 35 Denver Journal of International Law and Policy 85 (Winter 2006) This paper addresses the problems and gaps in the existing nuclear liability conventions and conducts an analysis of how an actual claim would be brought under the current existing treaty regime in the event of a nuclear accident. The nuclear liability conventions have been described with some justification as forming a very complex labyrinth.... 2006  
Austin Turner The Rights of the Bahá'ís in Post-saddam Iraq: Does the New Iraqi Constitution Pave the Way for Improved Treatment of Religious Minorities in the Middle East? 13 Tulsa Journal of Comparative & International Law 359 (Spring 2006) On April 9, 2003, a U.S.-led coalition, Operation Iraqi Freedom, militarily deposed Saddam Hussein's Ba'athist government less than three weeks after its invasion of Iraq had begun. Though the decision to invade Iraq remains controversial, among the pre-war and postwar justifications presented by George Bush and Tony Blair was the concern for human... 2006  
Meredith S. Byars The Supreme Court's Section 5 Analysis in Tennessee v. Lane: Considering the Future of State Sovereignty, Public Policy, and the Treatment Needs of Mentally Ill Prisoners 80 Tulane Law Review 947 (2/1/2006) Not many could have predicted the holding by the United States Supreme Court in Tennessee v. Lane, finding that Title II of the ADA constituted a valid exercise of congressional authority under Section 5 of the Fourteenth Amendment to enforce the fundamental right of the disabled to have access to the court system. Because the Court chose not to... 2006  
Meredith S. Byars The Supreme Court's Section 5 Analysis in Tennessee v. Lane: Considering the Future of State Sovereignty, Public Policy, and the Treatment Needs of Mentally Ill Prisoners 80 Tulane Law Review 947 (2/1/2006) Not many could have predicted the holding by the United States Supreme Court in Tennessee v. Lane, finding that Title II of the ADA constituted a valid exercise of congressional authority under Section 5 of the Fourteenth Amendment to enforce the fundamental right of the disabled to have access to the court system. Because the Court chose not to... 2006  
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