AuthorTitleCitationSummaryYearKey Terms
David S. Case Commentary on Sovereignty: the Other Native Claim 25 Journal of Land, Resources, and Environmental Law 149 (2005) The Alaska Native Claims Settlement Act (ANCSA or Claims Act) ignored the Alaska Native claim to sovereignty. It is not clear why, but it is clear that Congress simply did not deal with the issue in the 1971 settlement. The word tribe is used only once in ANCSA and then only as part of the definition of Native village. The extinguishment of... 2005 Yes
William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. Commentary: Treatment of Tribal Court Convictions 2005 Federal Sentencing Reporter 1618240 (2/1/2005) In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... 2005 Yes
William C., Canby, Jr., Senior Circuit Judge,, United States Court of, Appeals for the Ninth, Circuit., The views expressed, here are personal views, of the author, and do not, purport to represent the, views of his court. Commentary: Treatment of Tribal Court Convictions 2005 Federal Sentencing Reporter 1618240 (2/1/2005) In his artide, Reconsidering the Commission's Treatment of Tribal Courts, Professor Kevin Washburn offers several suggestions intended to increase the recognition of tribal court convictions for purposes of calculating criminal history under the Sentencing Guidelines. The major proposition put forth by Professor Washburn strikes me as correct:... 2005 Yes
Leslie Sturgeon Constructive Sovereignty for Indigenous Peoples 6 Chicago Journal of International Law 455 (Summer 2005) Elaborating on current understandings of sovereignty seems, on its face, to be an exercise in futility. Although several international documents address the question of who is entitled to status as a sovereign entity, a realistic approach suggests that the only rights guaranteed to a would-be sovereign entity are those that it can back by force... 2005  
Charles B. Craver Continuing to Treat Workers like Widgets and Digits 7 University of Pennsylvania Journal of Labor and Employment Law 747 (Spring 2005) FROM WIDGETS TO DIGITS: EMPLOYMENT REGULATION FOR THE CHANGING WORKPLACE. By Katherine V.W. Stone. Cambridge, U.K.: Cambridge University Press. 2004. Pp. xii, 300, $29.99. In her provocative new book, From Widgets to Digits, Professor Katherine V.W. Stone thoughtfully traces the changes that have occurred in the American economic system over the... 2005  
Charles B. Craver Continuing to Treat Workers like Widgets and Digits 7 University of Pennsylvania Journal of Labor and Employment Law 747 (Spring 2005) FROM WIDGETS TO DIGITS: EMPLOYMENT REGULATION FOR THE CHANGING WORKPLACE. By Katherine V.W. Stone. Cambridge, U.K.: Cambridge University Press. 2004. Pp. xii, 300, $29.99. In her provocative new book, From Widgets to Digits, Professor Katherine V.W. Stone thoughtfully traces the changes that have occurred in the American economic system over the... 2005  
K.A.D. Camara Costs of Sovereignty 107 West Virginia Law Review 385 (Winter 2005) I. Introduction. 386 II. Naturalism, Nationalism, and Internationalism: Three Theories of Private International Law. 389 III. Nationalism. 395 A. Fidelity to Law: The Institutional Argument. 395 B. Externalities of Sovereignty. 401 1. Simple Wrong Law. 402 2. Inconsistent Law. 402 3. Inefficient Scope. 404 C. Costs of Sovereignty. 407 1.... 2005  
L. Scott Gould December Song: the Waiting Game for Tribal Sovereignty in Maine 20 Maine Bar Journal 18 (Winter, 2005) You may not have marked your calendar. Last June 18, sandwiched between Memorial Day and Independence Day, the Wheeler-Howard Act reached its seventieth anniversary. On that date in 1934, Congress enacted sweeping reforms in its relationship with American Indians. The legislation, known officially as the Indian Reorganization Act, ended a... 2005 Yes
Sean Hagan Designing a Legal Framework to Restructure Sovereign Debt 36 Georgetown Journal of International Law 299 (Winter, 2005) C1-3Table of Contents L1-2Introduction . L3300 I. Defining the Problem. 305 A. Collective Action Problems. 307 1. Developments in the Sovereign Debt Market. 308 2. The Legal Environment. 311 3. The Pre-Default Problem. 316 4. The Existing Tools: Collective Action Clauses. 317 B. The Role of IMF Financing. 324 C. Policies, Process, and Equity. 331... 2005  
Alex Glashausser Difference and Deference in Treaty Interpretation 50 Villanova Law Review 25 (2005) THE Vienna Convention on Consular Relations provides that when a citizen of one country is arrested in another, authorities shall inform the person concerned without delay of his rights to inform his consulate of the arrest. The U.S. Department of State has interpreted the convention as conferring no privately enforceable right on foreign... 2005  
Alex Glashausser Difference and Deference in Treaty Interpretation 50 Villanova Law Review 25 (2005) THE Vienna Convention on Consular Relations provides that when a citizen of one country is arrested in another, authorities shall inform the person concerned without delay of his rights to inform his consulate of the arrest. The U.S. Department of State has interpreted the convention as conferring no privately enforceable right on foreign... 2005  
Nicole E. Grodner Disparate Impact Legislation and Abrogation of the States' Sovereign Immunity after Nevada Department of Human Resources v. Hibbs and Tennessee v. Lane 83 Texas Law Review 1173 (March, 2005) Title VII of the Civil Rights Act of 1964, considered the centerpiece of federal employment discrimination law, prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin in making employment decisions, or limiting, segregating, or classifying one's employees in ways that would adversely affect any... 2005  
Jeswald W. Salacuse , Nicholas P. Sullivan Do Bits Really Work?: an Evaluation of Bilateral Investment Treaties and Their Grand Bargain 46 Harvard International Law Journal 67 (Winter, 2005) International investment law has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the bilateral investment treaty (BIT), an international legal instrument through which two countries set down rules that will govern investments by their respective nationals in the... 2005  
Jeswald W. Salacuse , Nicholas P. Sullivan Do Bits Really Work?: an Evaluation of Bilateral Investment Treaties and Their Grand Bargain 46 Harvard International Law Journal 67 (Winter, 2005) International investment law has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the bilateral investment treaty (BIT), an international legal instrument through which two countries set down rules that will govern investments by their respective nationals in the... 2005  
Christopher M. Pietruszkiewicz Does the Internal Revenue Service Have a Duty to Treat Similarly Situated Taxpayers Similarly? 74 University of Cincinnati Law Review 531 (Winter 2005) I. Introduction. 532 II. The IBM Decision and Its Progeny. 535 A. IBM Created a Duty of Consistency--A Flawed View. 536 B. A Duty of Consistency Exists in Limited Circumstances--Conflicting Messages. 542 C. There Is No Duty of Consistency--Substantive Law Prevails. 545 III. Why Duty of Consistency Cases Are Limited to Private Letter Rulings. 548... 2005  
Christopher M. Pietruszkiewicz Does the Internal Revenue Service Have a Duty to Treat Similarly Situated Taxpayers Similarly? 74 University of Cincinnati Law Review 531 (Winter 2005) I. Introduction. 532 II. The IBM Decision and Its Progeny. 535 A. IBM Created a Duty of Consistency--A Flawed View. 536 B. A Duty of Consistency Exists in Limited Circumstances--Conflicting Messages. 542 C. There Is No Duty of Consistency--Substantive Law Prevails. 545 III. Why Duty of Consistency Cases Are Limited to Private Letter Rulings. 548... 2005  
Morris Jenkins , Bradene Moore , Eric Lambert , Alan Clarke Dui Treatment Programs and Religious Freedom: Does Cutter v. Wilkinson Change the Analysis? 5 University of Maryland Law Journal of Race, Religion, Gender and Class 351 (Fall, 2005) Legal commentators and scholars consistently argue that a compulsory mandate to attend Alcoholics Anonymous (A.A.), either as a condition of probation or as an inmate, violates the First Amendment. They argue that probationers and inmates should have either statutory or administrative secular alternatives to A.A. However, some jurisdictions may... 2005  
Morris Jenkins , Bradene Moore , Eric Lambert , Alan Clarke Dui Treatment Programs and Religious Freedom: Does Cutter v. Wilkinson Change the Analysis? 5 University of Maryland Law Journal of Race, Religion, Gender and Class 351 (Fall, 2005) Legal commentators and scholars consistently argue that a compulsory mandate to attend Alcoholics Anonymous (A.A.), either as a condition of probation or as an inmate, violates the First Amendment. They argue that probationers and inmates should have either statutory or administrative secular alternatives to A.A. However, some jurisdictions may... 2005  
Russell J. Weintraub Equal Treaty Rights: a Response to Professor Paust 27 Houston Journal of International Law 241 (Winter 2005) Professor Jordan J. Paust published an article in this Journal contending that Texas Civil Practice and Remedies Code section 71.051 is violative of treaty law of the United States and cannot prevail under the Supremacy Clause of the U.S. Constitution. The opinions that Professor Paust cites from the European Court of Human Rights and the United... 2005  
Russell J. Weintraub Equal Treaty Rights: a Response to Professor Paust 27 Houston Journal of International Law 241 (Winter 2005) Professor Jordan J. Paust published an article in this Journal contending that Texas Civil Practice and Remedies Code section 71.051 is violative of treaty law of the United States and cannot prevail under the Supremacy Clause of the U.S. Constitution. The opinions that Professor Paust cites from the European Court of Human Rights and the United... 2005  
Andrew J. Extract Establishing Jurisdiction over Foreign Sovereign Powers: the Foreign Sovereign Immunity Act, the 'Act of State' Doctrine and the Impact of Republic of Austria v. Altmann 4 Journal of International Business and Law 103 (Spring, 2005) Republic of Austria v. Altmann, addressed by the Supreme Court on June 6, 2004, is one of several cases involving beneficiaries or successors in interest attempting to reclaim property that was wrongfully taken by the Nazis during World War II and then appropriated by foreign states in the aftermath of the war. The Court's holding properly resolved... 2005  
Nicholas Quinn Rosenkranz Executing the Treaty Power 118 Harvard Law Review 1867 (April, 2005) Introduction: Enumeration and the Treaty Power. 1868 I. Of Treaties and Their Statutes. 1876 II. Text and Structure. 1880 A. The Treaty Clause and the Necessary and Proper Clause. 1880 1. To Make Treaties . 1882 2. Necessary and Proper . 1889 3. Necessary and Proper . . . To Make Treaties . 1892 B. Expanding the Legislative Power. 1892 1.... 2005  
Nicholas Quinn Rosenkranz Executing the Treaty Power 118 Harvard Law Review 1867 (April, 2005) Introduction: Enumeration and the Treaty Power. 1868 I. Of Treaties and Their Statutes. 1876 II. Text and Structure. 1880 A. The Treaty Clause and the Necessary and Proper Clause. 1880 1. To Make Treaties . 1882 2. Necessary and Proper . 1889 3. Necessary and Proper . . . To Make Treaties . 1892 B. Expanding the Legislative Power. 1892 1.... 2005  
Jordan J. Paust Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees 43 Columbia Journal of Transnational Law 811 (2005) Not since the Nazi era have so many lawyers been so clearly involved in international crimes concerning the treatment and interrogation of persons detained during war. This Article provides detailed exposition of the types of improprieties abetted by previously secret memos and letters of various lawyers and others within the Bush Administration.... 2005  
Jordan J. Paust Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees 43 Columbia Journal of Transnational Law 811 (2005) Not since the Nazi era have so many lawyers been so clearly involved in international crimes concerning the treatment and interrogation of persons detained during war. This Article provides detailed exposition of the types of improprieties abetted by previously secret memos and letters of various lawyers and others within the Bush Administration.... 2005  
Kristoffer P. Kiefer Exercising Their Native American Nations of the United States Enhancing Political Sovereignty Through Ratification of the Rome Statute 32 Syracuse Journal of International Law and Commerce 345 (Spring 2005) The federal government officially recognizes 562 tribal governments within the United States. Combined, these Native American nations occupy 55.7 million acres of land, which the United States holds in trust for their use. A number of factors, including the size of these tribes, their history, and the complexity of the Native American experience... 2005 Yes
Laurence R. Helfer Exiting Treaties 91 Virginia Law Review 1579 (November, 2005) This Article analyzes the under explored phenomenon of unilateral exit from international agreements and intergovernmental organizations. Although clauses authorizing denunciation and withdrawal from treaties are pervasive, international legal scholars and international relations theorists have largely ignored them. This Article draws upon new... 2005  
Laurence R. Helfer Exiting Treaties 91 Virginia Law Review 1579 (November, 2005) This Article analyzes the under explored phenomenon of unilateral exit from international agreements and intergovernmental organizations. Although clauses authorizing denunciation and withdrawal from treaties are pervasive, international legal scholars and international relations theorists have largely ignored them. This Article draws upon new... 2005  
George Felos Felos on Schiavo 35 Stetson Law Review Rev. 9 (Fall 2005) Thank you all for coming. Thank you, Rebecca, for the introduction. I have twenty minutes to discuss the implications of the Schiavo case! I think it's fair to say that in taking this case, when Mr. Schiavo walked into my office eight years ago, I wouldn't have had the slightest idea that I'd now be standing up here while the case was still... 2005  
George Felos Felos on Schiavo 35 Stetson Law Review Rev. 9 (Fall 2005) Thank you all for coming. Thank you, Rebecca, for the introduction. I have twenty minutes to discuss the implications of the Schiavo case! I think it's fair to say that in taking this case, when Mr. Schiavo walked into my office eight years ago, I wouldn't have had the slightest idea that I'd now be standing up here while the case was still... 2005  
Robert H. Trudell Food Security Emergencies and the Power of Eminent Domain: a Domestic Legal Tool to Treat a Global Problem 33 Syracuse Journal of International Law and Commerce 277 (Fall 2005) In 1996, representatives from 185 countries met at the World Food Summit in Rome. The result was the Rome Declaration on Food Security establishing the goal of reducing by half the number of chronically hungry people in the world, a figure that then stood at 800 million people. Its goal embodies the concept of food security: a concept that has... 2005  
Robert H. Trudell Food Security Emergencies and the Power of Eminent Domain: a Domestic Legal Tool to Treat a Global Problem 33 Syracuse Journal of International Law and Commerce 277 (Fall 2005) In 1996, representatives from 185 countries met at the World Food Summit in Rome. The result was the Rome Declaration on Food Security establishing the goal of reducing by half the number of chronically hungry people in the world, a figure that then stood at 800 million people. Its goal embodies the concept of food security: a concept that has... 2005  
Ralph Brubaker From Fictionalism to Functionalism in State Sovereign Immunity: the Bankruptcy Discharge as Statutory ex Parte Young Relief after Hood 13 American Bankruptcy Institute Law Review 59 (Spring, 2005) I. Hood's In Rem Exception to State Sovereign Immunity in Bankruptcy: A Personal Jurisdiction Time Warp A. Seminole Tribe: States' Constitutional Sovereign Immunity, Congressional Abrogation, and the Traditional Bankruptcy Exception 1. Binding States to Federal Bankruptcy Proceedings in the Absence of Congressional Abrogation 2. State Sovereign... 2005  
Berta Esperanza Hernández-Truyol Globalized Citizenship: Sovereignty, Security and Soul 50 Villanova Law Review 1009 (2005) HUMAN rights law has redefined the concepts of sovereignty and citizenship. Just as transnationalization has weakened the hegemony of the political elites (corporate economic elites and domestic ruling classes) by strengthening citizenship claims of all persons, so, too, a globalized citizenship grounded on a human rights model will strengthen... 2005  
Wei Wang Historical Evolution of National Treatment in China 39 International Lawyer 759 (Fall, 2005) National treatment and most-favoured-nation (MFN) treatment are two types of non-discriminatory treatment. The purpose of MFN treatment is to ensure equal competition opportunities provided by one country are available to other countries, whereas the fundamental purpose of national treatment is to ensure equal treatment between a host country and... 2005  
Wei Wang Historical Evolution of National Treatment in China 39 International Lawyer 759 (Fall, 2005) National treatment and most-favoured-nation (MFN) treatment are two types of non-discriminatory treatment. The purpose of MFN treatment is to ensure equal competition opportunities provided by one country are available to other countries, whereas the fundamental purpose of national treatment is to ensure equal treatment between a host country and... 2005  
Lt. Col. Paul E. Kantwill , Maj. Sean Watts Hostile Protected Persons or "Extra-conventional Persons:" How Unlawful Combatants in the War on Terrorism Posed Extraordinary Challenges for Military Attorneys and Commanders 28 Fordham International Law Journal 681 (February, 2005) The storm of controversy that has surrounded international legal issues associated with the Global War on Terrorism has resulted in an uncommon phenomenon for Department of Defense (DOD) Judge Advocates. This group, long dedicated to selfless service in relative obscurity, now performs, and has had its past performance reviewed, in the spotlight... 2005  
Lt. Col. Paul E. Kantwill , Maj. Sean Watts Hostile Protected Persons or "Extra-conventional Persons:" How Unlawful Combatants in the War on Terrorism Posed Extraordinary Challenges for Military Attorneys and Commanders 28 Fordham International Law Journal 681 (February, 2005) The storm of controversy that has surrounded international legal issues associated with the Global War on Terrorism has resulted in an uncommon phenomenon for Department of Defense (DOD) Judge Advocates. This group, long dedicated to selfless service in relative obscurity, now performs, and has had its past performance reviewed, in the spotlight... 2005  
Kim David Chanbonpin How the Border Crossed Us: Filling the Gap Between Plume v. Seward and the Dispossession of Mexican Landowners in California after 1848 52 Cleveland State Law Review 297 (2005) I. Introduction. 298 II. Background. 301 A The Colonization of Alta California, New Spain. 301 1. Manifest Destiny and the Spread of American Influence Westward. 303 2. The Mexican-American War and the Treaty of Guadalupe Hidalgo. 304 B. A California Land Case: Plume v. Seward. 306 C. A Different Outcome for Mexican Landowners Under California's... 2005  
Kim David Chanbonpin How the Border Crossed Us: Filling the Gap Between Plume v. Seward and the Dispossession of Mexican Landowners in California after 1848 52 Cleveland State Law Review 297 (2005) I. Introduction. 298 II. Background. 301 A The Colonization of Alta California, New Spain. 301 1. Manifest Destiny and the Spread of American Influence Westward. 303 2. The Mexican-American War and the Treaty of Guadalupe Hidalgo. 304 B. A California Land Case: Plume v. Seward. 306 C. A Different Outcome for Mexican Landowners Under California's... 2005  
Bartram S. Brown Human Rights, Sovereignty, and the Final Status of Kosovo 80 Chicago-Kent Law Review 235 (2005) Introduction. 236 I. Basic Background on Kosova/Kosovo. 238 II. The Principle of Self-Determination: Issues and Applicability. 240 A. Historical Development of Self-Determination. 240 1. The Wilsonian National Model of Self-Determination. 241 2. The Post-WW II Decolonization Model of Self-Determination. 244 3. The Post-Cold War Model. 247 B.... 2005  
Kasey Corbit Inadequate and Inappropriate Mental Health Treatment and Minority Overrepresentation in the Juvenile Justice System 3 Hastings Race and Poverty Law Journal 75 (Fall, 2005) In 2000, the U.S. Surgeon General's office convened a conference specifically on the topic of children's mental health. The conference set forth an overarching vision, and discussed the importance of mental health in ensuring a healthy start in life. Conference participants belabored the point that any approach to providing adequate children's... 2005  
Kasey Corbit Inadequate and Inappropriate Mental Health Treatment and Minority Overrepresentation in the Juvenile Justice System 3 Hastings Race and Poverty Law Journal 75 (Fall, 2005) In 2000, the U.S. Surgeon General's office convened a conference specifically on the topic of children's mental health. The conference set forth an overarching vision, and discussed the importance of mental health in ensuring a healthy start in life. Conference participants belabored the point that any approach to providing adequate children's... 2005  
Erin R. Flanagan It's the "Supreme Law of the Land:" Using the Migratory Bird Treaty Act to Protect Isolated Wetlands Left High and Dry by Swancc 22 Pace Environmental Law Review 175 (Spring 2005) With its ruling in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC), the Supreme Court issued a controversial decision that implicates a major portion of the country's wetlands and has generated a heated legal debate. Although SWANCC's holding is very narrow, parts of the opinion suggest significant... 2005  
Erin R. Flanagan It's the "Supreme Law of the Land:" Using the Migratory Bird Treaty Act to Protect Isolated Wetlands Left High and Dry by Swancc 22 Pace Environmental Law Review 175 (Spring 2005) With its ruling in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC), the Supreme Court issued a controversial decision that implicates a major portion of the country's wetlands and has generated a heated legal debate. Although SWANCC's holding is very narrow, parts of the opinion suggest significant... 2005  
Keith G. Meyer Kansas's Unique Treatment of Agricultural Liens 53 University of Kansas Law Review 1141 (June, 2005) Many states have a variety of statutory liens that give special protection to certain persons and entities that have provided production or general financing of agriculture production. There is neither intrastate nor interstate uniformity with respect to these statutory liens. Agricultural liens give the creditor lien holder rights in specific... 2005  
Keith G. Meyer Kansas's Unique Treatment of Agricultural Liens 53 University of Kansas Law Review 1141 (June, 2005) Many states have a variety of statutory liens that give special protection to certain persons and entities that have provided production or general financing of agriculture production. There is neither intrastate nor interstate uniformity with respect to these statutory liens. Agricultural liens give the creditor lien holder rights in specific... 2005  
Ralph Wilde Legal 'Black Hole'? Extraterritorial State Action and International Treaty Law on Civil and Political Rights 26 Michigan Journal of International Law 739 (Spring 2005) I. Introduction. 740 II. Extraterritorial State Activities. 741 III. The Need for Greater Scrutiny. 752 A. Ignoring Extraterritorial Activity. 753 B. Greater Risks of Rights Violations in the Extraterritorial Context. 754 C. Extreme Measures Taken Against Individuals. 756 D. Official Responses to Abuse Allegations. 764 E. The threat of a bad... 2005  
Ralph Wilde Legal 'Black Hole'? Extraterritorial State Action and International Treaty Law on Civil and Political Rights 26 Michigan Journal of International Law 739 (Spring 2005) I. Introduction. 740 II. Extraterritorial State Activities. 741 III. The Need for Greater Scrutiny. 752 A. Ignoring Extraterritorial Activity. 753 B. Greater Risks of Rights Violations in the Extraterritorial Context. 754 C. Extreme Measures Taken Against Individuals. 756 D. Official Responses to Abuse Allegations. 764 E. The threat of a bad... 2005  
Guadalupe T. Luna Legal Realism and the Treaty of Guadalupe Hidalgo: a Fractionalized Legal Template 2005 Wisconsin Law Review 519 (2005) This project is rooted in the principles of New Legal Realism, which promotes approaching law from the bottom up while also obligating an examination of legal elites. The driving focus of this inquiry thus stems from the law's marginalizing force through the unequal enforcement of an international peace agreement that terminated the U.S. war... 2005  
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