| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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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| 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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| Claire M. Diallo |
The U.s. Empire: Is Any Sovereign Nation Safe after the Russian and Belarus Democracy Acts? |
91 Iowa Law Review 673 (January, 2006) |
ABSTRACT: The United States Congress passed the Russian and Belarus Democracy Acts in 2002 and 2004, respectively. These Acts represent non-forcible intervention into the domestic affairs of another nation. Their implications for the principles of sovereignty and non-intervention, as well as the complementary principle of humanitarian intervention,... |
2006 |
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| Sarah Krakoff |
The Virtues and Vices of Sovereignty |
38 Connecticut Law Review 797 (May, 2006) |
As the title to this symposium suggests, American Indian law is indeed at a crossroads. The paths of American Indian tribal sovereignty are diverging in the following way. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court's path is... |
2006 |
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| Elizabeth A. Wilson |
The War on Terrorism and "The Water's Edge": Sovereignty, "Territorial Jurisdiction," and the Reach of the U.s. Constitution in the Guantánamo Detainee Litigation |
8 University of Pennsylvania Journal of Constitutional Law 165 (March, 2006) |
In June of 2004, shortly after the Abu Ghraib prison crisis, the Supreme Court held that the district courts of the United States had jurisdiction to hear habeas petitions filed by alien detainees being held in Guantánamo Bay, Cuba challenging the legality of their detentions. Rasul v. Bush, and its companion cases Hamdi v. Rumsfeld and Rumsfeld v.... |
2006 |
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| Dr. Mihály Ficsor |
The Wipo "Internet Treaties:" the United States as the Driver; the United States as the Main Source of Obstruction--as Seen by an Antirevolutionary Central European |
6 John Marshall Review of Intellectual Property Law 17 (Fall, 2006) |
Under the first copyright law of the United States, adopted in 1790, only the works of U.S. citizens and residents were protected. The 1891 Chase Act offered an alternative to isolationism by authorizing the President to extend protection to foreigners, while still maintaining protection for U.S. citizens, on the basis of international treaties or... |
2006 |
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| Eric Mack |
The World Health Organization's New International Health Regulations: Incursion on State Sovereignty and Ill-fated Response to Global Health Issues |
7 Chicago Journal of International Law 365 (Summer 2006) |
The fact that [i]nfectious diseases are the leading cause of death worldwide may explain why the World Health Assembly chose to adopt a new set of International Health Regulations (IHRs 2005) in May 2005. According to the World Health Organization (WHO), the regulations will prevent, protect against, control and provide a public health... |
2006 |
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| Tom C. W. Lin |
Treating an Unhealthy Conscience: a Prescription for Medical Conscience Clauses |
31 Vermont Law Review 105 (Fall, 2006) |
She sits in an immaculate hospital room. She is eighteen and was raped a few hours ago. The officer has obtained the necessary evidence. The doctor has examined her. She sees a counselor, then leaves for home. She was not given any emergency contraception. The doctor makes no mention of it as the doctor is personally opposed to contraception on... |
2006 |
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| Eduardo Moisés Peñalver |
Treating Religion as Speech: Justice Stevens's Religion Clause Jurisprudence |
74 Fordham Law Review 2241 (March, 2006) |
Justice Stevens has sometimes been caricatured as the U.S. Supreme Court Justice who hates religion. Whether considering questions under the Establishment Clause or the Free Exercise Clause, questions about the funding or regulation of religious groups, or the permissibility of religious speech in public places, in case after case he has voted... |
2006 |
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| William W. Park , Alexander A. Yanos |
Treaty Obligations and National Law: Emerging Conflicts in International Arbitration |
58 Hastings Law Journal 251 (December, 2006) |
In determining the effect of treaties, the adage pacta sunt servanda (agreements are to be kept) remains a foundation of international law. By contrast, when American courts consider international conventions, the principle barely rises to the rank of analytic starting point. In the United States, the application and interpretation of... |
2006 |
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| James Podgers |
Troubled Paradise |
92-AUG ABA Journal 65 (August, 2006) |
Hardly a shot was fired in the 1893 overthrow of Queen Lili'uokalani that triggered Hawaii's transition from a sovereign nation to a U.S. territory and eventually the 50th state. But since then, various coalitions in Hawaii's melting-pot population have skirmished over the question of whether Native Hawaiians should be granted some measure of... |
2006 |
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| Catherine Baker Stetson, Jennifer L. Chino, Managing Partner, Associate Attorney, Stetson & Jordan, P.C., 1305 Rio Grande Blvd. NW, Albuquerque, NM 87104, Phone: 505-256-4911, Fax: 505-256-5177, e-mail: cbs@stetsonlaw.com |
Waiving Sovereign Immunity Grows Trickier |
43 Rocky Mountain Mineral Law Foundation Journal 53 (2006) |
Providing limited waivers of a tribe's immunity from suit has become a virtual necessity in today's legal and business environment. The creation of tribal corporations allows a tribe to enter into important economic ventures providing limited waivers of its immunity that are specific to that particular enterprise and often to a particular court,... |
2006 |
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| Nathan Smith |
Water, Water Everywhere, and Not a Bite to Eat: Sovereign Immunity, Federal Disaster Relief, and Hurricane Katrina |
43 San Diego Law Review 699 (Summer 2006) |
I. Introduction. 700 II. Sovereign Immunity. 703 A. Roots in English Common Law. 704 B. Incorporation in American Law. 705 C. The Federal Tort Claims Act and the Discretionary Function Exception. 707 1. The Quagmire of Early Doctrine. 709 2. Berkovitz: A Two-Part Test Emerges. 711 III. Federal Disaster Relief Legislation. 712 A. Early Disaster... |
2006 |
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| Jamie C. Chanin |
What Is it Good For? Absolutely Nothing: Eliminating Disparate Treatment of Third Party Sexual Harassment and All Other Forms of Third Party Harassment |
33 Pepperdine Law Review 385 (1/1/2006) |
I. Introduction II. History of Federal Harassment Law A. Legal Basis for Sexual Harassment B. Sexual Harassment: The Doctrine Explained 1. The Contribution of the EEOC 2. Elements: Protected Category, Unwelcome Conduct, Based on Sex 3. Types of Harassment: Quid Pro Quo and Hostile Environment 4. Employer Liability a. Where Supervisors Sexually... |
2006 |
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| Joseph J. Bellinger, Jr. , Matthew G. Summers , Ballard Spahr Andrews & Ingersoll, LLP, Baltimore, bellingerj@ballardspahr.com, Ballard Spahr Andrews & Ingersoll, LLP, Baltimore, summersm@ballardspahr.com |
What's Left of Sovereign Immunity after Katz? |
25-MAY American Bankruptcy Institute Journal 10 (May, 2006) |
Resolving a split among the circuits regarding the constitutionality of 11 U.S.C. § 106(a), the Supreme Court held, in a 5-4 decision, that lawsuits to avoid preferential transfers brought in federal bankruptcy court against states or state agencies are not barred by the doctrine of sovereign immunity established by the Eleventh Amendment. Central... |
2006 |
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| David Sloss |
When Do Treaties Create Individually Enforceable Rights? The Supreme Court Ducks the Issue in Hamdan and Sanchez-llamas |
45 Columbia Journal of Transnational Law 20 (2006) |
In both Hamdan v. Rumsfeld and Sanchez-Llamas v. Oregon, government briefs asserted that there is a long-established presumption that treaties do not create judicially-enforceable individual rights. In his dissent in Sanchez-Llamas, Justice Breyer challenged this claim. The debate about whether the Supreme Court should adopt such a presumption is... |
2006 |
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| Jesse H. Choper , John C. Yoo |
Who's Afraid of the Eleventh Amendment? The Limited Impact of the Court's Sovereign Immunity Rulings |
106 Columbia Law Review 213 (January, 2006) |
This Essay argues that critics have exaggerated the impact and importance of the Rehnquist Court's Eleventh Amendment cases. This is not to deny that revived judicial security for states' rights became the signature issue of the Rehnquist Court. Rather, a series of doctrines, both internal and external to the Eleventh Amendment, basically allows... |
2006 |
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| David Krinsky |
A Plan Revised: How the Congressional Power to Abrogate State Sovereign Immunity Has Expanded since the Eleventh Amendment |
93 Georgetown Law Journal 2067 (August, 2005) |
[W]here there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded. While the Union survived the Civil War, the Constitution did not. In its place arose a new, more promising basis for justice and equality, the fourteenth amendment. Over the past fifteen years, the Supreme Court has embarked on a... |
2005 |
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| Gregory C. Sisk |
A Primer on the Doctrine of Federal Sovereign Immunity |
58 Oklahoma Law Review 439 (Fall, 2005) |
Because it is the quintessential repeat-player in federal litigation, the federal government exerts a powerful influence on the federal courts and the development of legal doctrine. As political scientist Christopher J.W. Zorn has observed, because of its ubiquitous presence in federal litigation, more than any other entity, the federal government... |
2005 |
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| Jeremy M. Sher |
A Question of Dignity: the Renewed Significance of James Wilson's Writings on Popular Sovereignty in the Wake of Alden v. Maine |
61 New York University Annual Survey of American Law 591 (2005) |
In December of 1992, probation officer John Alden sued his employer, the State of Maine, in federal court. Alden, along with sixty-six co-plaintiffs, contended that the state had failed to provide him with overtime pay as required under the federal Fair Labor Standards Act (FLSA). Whether Alden was entitled to damages remains unknown, as no judge... |
2005 |
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| Dean C. Rowan, Boalt Hall School of Law |
Aboriginal Societies and the Common Law: a History of Sovereignty, Status, and Self-determination. By P.g. Mchugh. Oxford; New York: Oxford University Press, 2004. Pp. Ix, 661. Isbn 0-19-825248-x. Gb£80.00; Us$150.00 |
33 International Journal of Legal Information 294 (Summer, 2005) |
In an absorbing, dense, and detailed account of the interactions of indigenous groups of North America, Australia, and New Zealand with British settlers and conquerors, Aboriginal Societies and the Common Law presents not only a history, sweeping in its coverage of time and place, but also a pointed depiction of the vicissitudes of law. This... |
2005 |
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| Joshua Hill |
Administrative Sovereignty: Expanding the Scope of Federal Agency Enforcement Powers in Alaska v. Environmental Protection Agency |
25 Journal of the National Association of Administrative Law Judges 269 (Spring 2005) |
In 1996, Teck Cominco Alaska, Inc. (Cominco) commenced an expansion of one of its zinc mine holdings in rural Alaska. Cominco applied to the Alaska Department of Environmental Conservation (ADEC) for a permit authorizing increased generation by its standby electric generator and the addition of a seventh generator to its mine. Pursuant to its... |
2005 |
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| James J. Friedberg |
Ambiguity, Sovereignty, and Identity in Ireland: Peace and Transition |
20 Ohio State Journal on Dispute Resolution 113 (2005) |
I. Introduction. 114 II. Constructive and Destructive Ambiguity. 115 III. Vocabulary and Ambiguity: The Agreement. 122 IV. History 1. 123 V. Vocabulary and Ambiguity: Ulster. 128 VI. History 2. 129 VII. Vocabulary and Ambiguity: Nationalist and Republican. 132 VIII. Dialogue 1. 133 IX. Good Friday Agreement (Decommissioning Excerpt). 137 X.... |
2005 |
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| David L. Roghair |
Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? |
20 Journal of Environmental Law & Litigation 189 (2005) |
In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... |
2005 |
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| David L. Roghair |
Anderson v. Evans: Will Makah Whaling under the Treaty of Neah Bay Survive the Ninth Circuit's Application of the Mmpa? |
20 Journal of Environmental Law & Litigation 189 (2005) |
In the 1990s, because Congress removed the gray whale from the Endangered Species list, the Makah Indian Tribe sought to revive its centuries-old whaling tradition after nearly seventy years without a hunt. The National Marine Fisheries Service and National Oceanic and Atmospheric Administration assisted the Makah in obtaining a whaling quota from... |
2005 |
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| Michael J. Dennis |
Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation |
99 American Journal of International Law 119 (January, 2005) |
Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... |
2005 |
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| Michael J. Dennis |
Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation |
99 American Journal of International Law 119 (January, 2005) |
Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian... |
2005 |
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| Jason Webb Yackee |
Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm |
12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) |
I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 |
2005 |
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| Jason Webb Yackee |
Are Bits Such a Bright Idea? Exploring the Ideational Basis of Investment Treaty Enthusiasm |
12 U.C. Davis Journal of International Law and Policy 195 (Fall 2005) |
I. Ideas in Theory. 198 II. Changing Ideas of Development. 201 III. The Implications of an Ideational Approach for the Future of BITs. 216 A. The Empirical Effect of BITs on FDI. 217 B. FDI Promotes Economic Growth. 219 C. The Relative Cost of BITs. 221 IV. Conclusion. 223 |
2005 |
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| Timothy Zick |
Are the States Sovereign? |
83 Washington University Law Quarterly 229 (2005) |
I. Introduction. 230 II. Classical Sovereignty--A Brief Introduction. 239 III. Domestic Sovereignty Discourses. 241 A. The Framers. 241 B. The Supreme Court. 243 C. Scholars. 247 1. Classicists. 247 2. Republicans. 249 3. Skeptics. 251 IV. Sovereignty and the Post-Modern State. 255 A. Post-Classical Sovereignty. 257 B. The New Sovereignty . 264... |
2005 |
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| Camille L. Zentner |
Between the Hockey Rink and the Voting Booth: the Ada and Abrogation of Sovereign Immunity in the Educational Context |
71 Brooklyn Law Review 589 (Fall, 2005) |
Since the United States Supreme Court's decision in Tennessee v. Lane on May 17, 2004, there has been a flurry of cases questioning the validity of abrogation of sovereign immunity by Title II of the Americans with Disabilities Act (ADA Title II) in various public service contexts. Two cases, McNulty v. Board of Education of Calvert County and... |
2005 |
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| Victor Mosoti |
Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? |
26 Northwestern Journal of International Law and Business 95 (Fall 2005) |
The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... |
2005 |
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| Victor Mosoti |
Bilateral Investment Treaties and the Possibility of a Multilateral Framework on Investment at the World Trade Organization: Are Poor Economies Caught in Between? |
26 Northwestern Journal of International Law and Business 95 (Fall 2005) |
The increased Foreign Direct Investment (FDI) flows in the past few years have strengthened the belief among many developing countries, especially African countries, that such FDI flows could help in reducing the resource, technology and foreign exchange gaps that constrain their economic development. As a result, many developing countries have... |
2005 |
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| Ellen M. Weber |
Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities |
57 Rutgers Law Review 631 (Winter 2005) |
Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... |
2005 |
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| Ellen M. Weber |
Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities |
57 Rutgers Law Review 631 (Winter 2005) |
Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... |
2005 |
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| M. Wesley Clark, JD, LL.M. |
Can State "Medical" Marijuana Statutes Survive the Sovereign's Federal Drug Laws? A Toke Too Far |
35 University of Baltimore Law Review Rev. 1 (Fall 2005) |
This article explores whether, and to what extent, federal authorities can enforce the federal Controlled Substances Act [CSA] against state and local governments acting under color of a conflicting state or local law. The question is both important and timely, inasmuch as state and local jurisdictions have been enacting legislation in conflict... |
2005 |
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| Karen E. Bravo |
Caricom, the Myth of Sovereignty, and Aspirational Economic Integration |
31 North Carolina Journal of International Law and Commercial Regulation 145 (Fall 2005) |
I. Introduction. 146 II. The Caribbean Story. 153 III. Regional Integration and the Challenge of Sovereignty. 155 A. Regionalism. 155 B. Sovereignty. 158 C. The Myth of Sovereignty. 160 D. Aspirational Economic Integration. 166 IV. CARICOM: Why, When, How. 167 A. 1973 Treaty of Chaguaramas. 168 B. Revised Treaty of Chaguaramas--2001. 171 V. The... |
2005 |
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| Mark J. Chorazak |
Clarity and Confusion: Did Republic of Austria v. Altmann Revive State Department Suggestions of Foreign Sovereign Immunity? |
55 Duke Law Journal 373 (November, 2005) |
For Maria Altmann, a Holocaust survivor in her late eighties, 1938 is not just a year. It marked the beginning of the Anschluss, the Nazi invasion and annexation of her native Austria, and her family's subsequent flight from Vienna. More than sixty years later, following a discovery by a journalist conducting research in the state archives at the... |
2005 |
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| Jeffrey W. Stempel |
Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes |
83 Washington University Law Quarterly 1127 (2005) |
Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... |
2005 |
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| Jeffrey W. Stempel |
Class Actions and Limited Vision: Opportunities for Improvement Through a More Functional Approach to Class Treatment of Disputes |
83 Washington University Law Quarterly 1127 (2005) |
Introduction. 1128 I. The Modern Class Action at Forty: Unrealized Promise and Excessive Backlash. 1133 II. Differentiating Among the Purported Problems of the Class Action: Recognizing the Advantages of Investor Class Actions. 1155 III. Continuing Lost Opportunities to Employ Class Treatment: Three Illustrations. 1171 A. Rhone-Poulenc Rorer. 1172... |
2005 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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