AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
Louis Antonacci Lessons from Lagrand: an Argument for the Domestic Enforceability of Treaty-based Rights under International Prisoner Transfer Treaties 3 Santa Clara Journal of International Law 22 (2005) I. Introduction. 23 II. LaGrand and Avena. 26 A) Facts of LaGrand. 26 B) The ICJ Interpretation of the Vienna Convention on Consular Relations in LaGrand and Avena. 29 III. The Council of Europe Convention Also Creates Individual Rights. 32 IV. Treaty Obligations Can Create Domestically Enforceable Rights. 36 A) Constitutional Support and... 2005  
Louis Antonacci Lessons from Lagrand: an Argument for the Domestic Enforceability of Treaty-based Rights under International Prisoner Transfer Treaties 3 Santa Clara Journal of International Law 22 (2005) I. Introduction. 23 II. LaGrand and Avena. 26 A) Facts of LaGrand. 26 B) The ICJ Interpretation of the Vienna Convention on Consular Relations in LaGrand and Avena. 29 III. The Council of Europe Convention Also Creates Individual Rights. 32 IV. Treaty Obligations Can Create Domestically Enforceable Rights. 36 A) Constitutional Support and... 2005  
Ryan Golten Lobato v. Taylor: How the Villages of the Rio Culebra, the Colorado Supreme Court, and the Restatement of Servitudes Bailed out the Treaty of Guadalupe Hidalgo 45 Natural Resources Journal 457 (Spring, 2005) In 2002, the Colorado Supreme Court ended one of the state's longest legal battles by announcing that the descendants of individuals who settled the Sangre de Cristo Land Grant in southern Colorado have the right to use the lands within the original Grant. In a shocking ruling, Lobato v. Taylor reversed over 40 years of case law that had rejected... 2005  
Ryan Golten Lobato v. Taylor: How the Villages of the Rio Culebra, the Colorado Supreme Court, and the Restatement of Servitudes Bailed out the Treaty of Guadalupe Hidalgo 45 Natural Resources Journal 457 (Spring, 2005) In 2002, the Colorado Supreme Court ended one of the state's longest legal battles by announcing that the descendants of individuals who settled the Sangre de Cristo Land Grant in southern Colorado have the right to use the lands within the original Grant. In a shocking ruling, Lobato v. Taylor reversed over 40 years of case law that had rejected... 2005  
David J. Langeland - '06 Misapplication of Precedent: the United States Supreme Court Ignores the Overbreadth of the Ada by Abrogating State Sovereignty in Tennessee v. Lane 38 Creighton Law Review 1065 (June, 2005) The Eleventh Amendment to the United States Constitution restricts the judiciary's power over the states by limiting the abilities of a citizen of one state to bring a lawsuit against another state. The United States Supreme Court has interpreted this prohibition to include lawsuits a citizen has brought against his or her own state. However,... 2005  
Erik Laakkonen Mistreating the Treaty Clause 28 Thomas Jefferson Law Review 237 (Fall, 2005) The Ninth Circuit recently held that the United States may enter into treaties with non-sovereign entities. In Wang v. Masaitis, the Court of Appeals rejected a challenge to the Hong Kong Extradition Agreement (HKEA), a treaty governing extradition relations between the United States and the Hong Kong Special Administrative Region (Hong Kong). The... 2005  
Erik Laakkonen Mistreating the Treaty Clause 28 Thomas Jefferson Law Review 237 (Fall, 2005) The Ninth Circuit recently held that the United States may enter into treaties with non-sovereign entities. In Wang v. Masaitis, the Court of Appeals rejected a challenge to the Hong Kong Extradition Agreement (HKEA), a treaty governing extradition relations between the United States and the Hong Kong Special Administrative Region (Hong Kong). The... 2005  
Nan Seuffert Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements 39 Law and Society Review 485 (September, 2005) This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as structural adjustment, or Reaganomics in the United States, which was intended to produce a competitive... 2005  
Nan Seuffert Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements 39 Law and Society Review 485 (September, 2005) This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as structural adjustment, or Reaganomics in the United States, which was intended to produce a competitive... 2005  
Amir Azaran Npt, Where Art Thou? The Nonproliferation Treaty and Bargaining: Iran as a Case Study 6 Chicago Journal of International Law 415 (Summer 2005) In the past two years, the world has witnessed two significant nuclear proliferation problems unfold. In early 2003 North Korea withdrew from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)--the legal instrument that occupies center stage in the international nonproliferation regime--and later admitted to manufacturing nuclear... 2005  
Amir Azaran Npt, Where Art Thou? The Nonproliferation Treaty and Bargaining: Iran as a Case Study 6 Chicago Journal of International Law 415 (Summer 2005) In the past two years, the world has witnessed two significant nuclear proliferation problems unfold. In early 2003 North Korea withdrew from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)--the legal instrument that occupies center stage in the international nonproliferation regime--and later admitted to manufacturing nuclear... 2005  
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