AuthorTitleCitationSummaryYearKey Terms
Jeffrey C. Goldman Of Treaties and Torture: How the Supreme Court Can Restrain the Executive 55 Duke Law Journal 609 (December, 2005) The Bush administration's original (and now superseded) torture memos strain contemporary understandings of the United States' obligations under the Convention Against Torture. These documents also mock traditional understandings of the relationship between international law and treaties and of the executive's power to interpret and apply them.... 2005  
Jeffrey C. Goldman Of Treaties and Torture: How the Supreme Court Can Restrain the Executive 55 Duke Law Journal 609 (December, 2005) The Bush administration's original (and now superseded) torture memos strain contemporary understandings of the United States' obligations under the Convention Against Torture. These documents also mock traditional understandings of the relationship between international law and treaties and of the executive's power to interpret and apply them.... 2005  
Jeffrey M. Goldman Protecting Gays from the Government's Crosshairs: a Reevaluation of the Ninth Circuit's Treatment of Gays under the Federal Constitution's Equal Protection Clause Following Lawrence v. Texas 39 University of San Francisco Law Review 617 (Spring 2005) The Supreme Court [in Bowers v. Hardwick] has ruled that homosexual activity is not a fundamental right protected by substantive due process . . . . [I]f there is no fundamental right to engage in homosexual sodomy under the Due Process Clause of the Fifth Amendment, it would be incongruous to expand the reach of equal protection to find a... 2005  
Jeffrey M. Goldman Protecting Gays from the Government's Crosshairs: a Reevaluation of the Ninth Circuit's Treatment of Gays under the Federal Constitution's Equal Protection Clause Following Lawrence v. Texas 39 University of San Francisco Law Review 617 (Spring 2005) The Supreme Court [in Bowers v. Hardwick] has ruled that homosexual activity is not a fundamental right protected by substantive due process . . . . [I]f there is no fundamental right to engage in homosexual sodomy under the Due Process Clause of the Fifth Amendment, it would be incongruous to expand the reach of equal protection to find a... 2005  
Robin Kundis Craig Protecting International Marine Biodiversity: International Treaties and National Systems of Marine Protected Areas 20 Journal of Land Use & Environmental Law 333 (Spring, 2005) The oceans are one of the truly global resources. All parts of the ocean are connected. Moreover, at least some marine resources that humans deem important have world-wide ranges. Bluefin tuna, for example, are some of the most expensive fish in the world. Buyers in Japan will pay upwards of $80 a pound for high quality bluefin tuna for sushi, and... 2005  
Robin Kundis Craig Protecting International Marine Biodiversity: International Treaties and National Systems of Marine Protected Areas 20 Journal of Land Use & Environmental Law 333 (Spring, 2005) The oceans are one of the truly global resources. All parts of the ocean are connected. Moreover, at least some marine resources that humans deem important have world-wide ranges. Bluefin tuna, for example, are some of the most expensive fish in the world. Buyers in Japan will pay upwards of $80 a pound for high quality bluefin tuna for sushi, and... 2005  
Wilma Mankiller Public Perception as a Sovereignty Protection Issue 14-SPG Kansas Journal of Law & Public Policy 639 (Spring, 2005) Over the course of the past few years, a plethora of misleading negative media attacks have been launched against tribal governments, particularly gaming tribes. If left unanswered these media attacks could impact the overall public perception of tribal people and ultimately tribal sovereignty. While legislative and judicial threats to sovereignty... 2005  
Michael J. Kelly Pulling at the Threads of Westphalia: "Involuntary Sovereignty Waiver" - Revolutionary International Legal Theory or Return to Rule by the Great Powers? 10 UCLA Journal of International Law and Foreign Affairs 361 (Fall 2005) This paper explores the nature of sovereignty, its 17th century fusion with the state as a new political entity, its evolution over time, and challenges to its systemic primacy in the 21st century by thinkers such as Dr. Richard Haass, whose involuntary sovereignty waiver theory is deconstructed as a viable alternative to UN Security Council... 2005  
Jeremy A. Rabkin Recalling the Case for Sovereignty 5 Chicago Journal of International Law 435 (Winter 2005) In the spring of 1994, Louis Henkin, then the president of the American Society for International Law, urged that the word sovereignty should be banished from polite or educated society. By the spring of 2004, as the UN Security Council grappled with the impending transfer of authority to a new government in Iraq, diplomats could not stop... 2005  
Douglas E. Abrams Reforming Juvenile Delinquency Treatment to Enhance Rehabilitation, Personal Accountability, and Public Safety 84 Oregon Law Review 1001 (2005) Shortly before eight on the morning of July 21, 1999, fourteen-year-old Gina Score lay dying of heatstroke on a steamy dirt road in South Dakota's Plankinton girls boot camp. Guards laughed, ignored her pleas, and left her semiconscious in the hot sun for three more hours after she collapsed during the morning's 2.6-mile mandatory run, a daily... 2005  
Douglas E. Abrams Reforming Juvenile Delinquency Treatment to Enhance Rehabilitation, Personal Accountability, and Public Safety 84 Oregon Law Review 1001 (2005) Shortly before eight on the morning of July 21, 1999, fourteen-year-old Gina Score lay dying of heatstroke on a steamy dirt road in South Dakota's Plankinton girls boot camp. Guards laughed, ignored her pleas, and left her semiconscious in the hot sun for three more hours after she collapsed during the morning's 2.6-mile mandatory run, a daily... 2005  
Christopher J. Borgen Resolving Treaty Conflicts 37 George Washington International Law Review 573 (2005) Should the rules of the World Trade Organization trump international environmental agreements? How are treaties between the United States and its European partners affected by the construction of the European Union? What can be done to avert conflict among Russia, Iran, and certain central Asian states over the control of the oil beneath the... 2005  
Christopher J. Borgen Resolving Treaty Conflicts 37 George Washington International Law Review 573 (2005) Should the rules of the World Trade Organization trump international environmental agreements? How are treaties between the United States and its European partners affected by the construction of the European Union? What can be done to avert conflict among Russia, Iran, and certain central Asian states over the control of the oil beneath the... 2005  
Kathryn E. Kovacs Revealing Redundancy: the Tension Between Federal Sovereign Immunity and Nonstatutory Review 54 Drake Law Review 77 (Fall 2005) I. Introduction. 78 II. Suing the United States. 79 III. Holes in the Major Waivers of Sovereign Immunity. 83 IV. A Brief History of Nonstatutory Review. 87 A. The Turn of the Twentieth Century. 87 B. The Larson- Dugan Era. 89 C. The Turn of the Twenty-First Century. 92 V. The Debate: Federal Sovereign Immunity Versus Nonstatutory Review. 94 A.... 2005  
Dr. Saby Ghoshray Revisiting the Challenging Landscape of Self-determination Within the Context of Nation's Right to Sovereignty 11 ILSA Journal of International and Comparative Law 443 (Spring, 2005) Academic perspectives on the issue of Self-Determination are in abundance as the International Standards with respect to the Rights of People and their Rights to Self-Determination have taken huge steps in the last two decades. This has resulted in a large number of a secessionist movements, claiming various forms of Self-Determination, in today's... 2005  
Melissa A. Jamison Rural Electric Cooperatives: a Model for Indigenous Peoples' Permanent Sovereignty over Their Natural Resources 12 Tulsa Journal of Comparative & International Law 401 (Spring 2005) After enduring centuries of a unique form of colonization, the 300-500 million indigenous peoples of the world continue to live as marginalized peoples. One of the most significant and enduring aspects of their marginalization is the deprivation of indigenous control over their land and natural resources. This disruption adversely affects a... 2005  
by Christopher Karns Sherrill, New York 2004-05 Preview of United States Supreme Court Cases 198 (1/10/2005) During the 18th and early 19th centuries, the Oneida Nation lost possession of nearly all of its landholdings in central New York even though, in the 1794 Treaty of Canandaigua, the United States had acknowledged the Oneidas' ownership of the Oneida Reservation and promised that they would be secure in its possession. During the 20th century, the... 2005  
by Christopher Karns Sherrill, New York 2004-05 Preview of United States Supreme Court Cases 198 (1/10/2005) During the 18th and early 19th centuries, the Oneida Nation lost possession of nearly all of its landholdings in central New York even though, in the 1794 Treaty of Canandaigua, the United States had acknowledged the Oneidas' ownership of the Oneida Reservation and promised that they would be secure in its possession. During the 20th century, the... 2005  
Palitha T. B. Kohona Some Notable Developments in the Practice of the Un Secretary-general as Depositary of Multilateral Treaties: Reservations and Declarations 99 American Journal of International Law 433 (April, 2005) This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice,... 2005  
Palitha T. B. Kohona Some Notable Developments in the Practice of the Un Secretary-general as Depositary of Multilateral Treaties: Reservations and Declarations 99 American Journal of International Law 433 (April, 2005) This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice,... 2005  
Michelle Visser Sovereign Immunity and Informant Defectors: the United States' Refusal to Protect its Protectors 58 Stanford Law Review 663 (November, 2005) Introduction. 663 I. The Story of Adnan Awad: From Terrorist, to Hero, to Victim. 665 II. The Arguments for and Against Sovereign Immunity. 673 A. Justifications for Sovereign Immunity's Continuing Role in American Law. 675 B. Arguments Against Sovereign Immunity's Continuing Role in American Law. 677 III. Congressional and Judicial Waivers of... 2005  
Michael W. Klein, Esq. Sovereignty of Reason: an Approach to Sovereign Immunity and Copyright Ownership of Distance-education Courses at Public Colleges and Universities 34 Journal of Law and Education 199 (April, 2005) What if it tempt you toward the flood, my lord, Or to the dreadful summit of the cliff That beetles o'er his base into the sea, And there assume some other horrible form Which might deprive your sovereignty of reason, And draw you into madness? --William Shakespeare, Hamlet When the Software and Information Industry Association (SIIA)--which... 2005  
Michael W. Klein, Esq. Sovereignty of Reason: an Approach to Sovereign Immunity and Copyright Ownership of Distance-education Courses at Public Colleges and Universities 34 Journal of Law and Education 199 (April, 2005) What if it tempt you toward the flood, my lord, Or to the dreadful summit of the cliff That beetles o'er his base into the sea, And there assume some other horrible form Which might deprive your sovereignty of reason, And draw you into madness? --William Shakespeare, Hamlet When the Software and Information Industry Association (SIIA)--which... 2005  
William D. Wallace, University of Oklahoma, College of Law Sovereignty, Challenges to Sovereignty and Reassertion of Sovereign Interests 5 Chicago-Kent Journal of International and Comparative Law L. 5 (Spring, 2005) Sovereignty and aspects of its defeasance, acknowledgement, assertion or recovery comprise a series of topics, which are encountered in an ever-decreasing sphere of coincidence. No meaningful discussion of any of these topics can begin without first surveying the history of the preceding topic. As such, it is a tournament of privileges, which will... 2005  
William D. Wallace, University of Oklahoma, College of Law Sovereignty, Challenges to Sovereignty and Reassertion of Sovereign Interests 5 Chicago-Kent Journal of International and Comparative Law L. 5 (Spring, 2005) Sovereignty and aspects of its defeasance, acknowledgement, assertion or recovery comprise a series of topics, which are encountered in an ever-decreasing sphere of coincidence. No meaningful discussion of any of these topics can begin without first surveying the history of the preceding topic. As such, it is a tournament of privileges, which will... 2005  
Peter Manus Sovereignty, Self-determination, and Environment-based Cultures: the Emerging Voice of Indigenous Peoples in International Law 23 Wisconsin International Law Journal 553 (Fall 2005) Indigenous peoples' collective right to their land and territories is the most controversial of all human rights issues. . . . Control over indigenous lands, water and resources is also by far the issue that gives rise to most violent conflicts and to human rights violations committed by governments, police, mining companies, logging companies,... 2005  
Richard O. Brooks Speaking (Vermont) Truth to (Washington) Power 29 Vermont Law Review 877 (Spring, 2005) Let me first bid good evening to alums, friends, coworkers in the environmental vineyards, the deans, and trustees. Tonight we gather to celebrate the 25th anniversary of the Environmental Law Center. It is fitting that those assembled in this audience include such people such as Governor Kunin, Doug Costle, Dick Ayres, Tom Jorling, and our own... 2005  
Richard O. Brooks Speaking (Vermont) Truth to (Washington) Power 29 Vermont Law Review 877 (Spring, 2005) Let me first bid good evening to alums, friends, coworkers in the environmental vineyards, the deans, and trustees. Tonight we gather to celebrate the 25th anniversary of the Environmental Law Center. It is fitting that those assembled in this audience include such people such as Governor Kunin, Doug Costle, Dick Ayres, Tom Jorling, and our own... 2005  
Simcha Herzog States' Rights and the Scope of the Treaty Power: Could the Patriot Act Be Constitutional as a Treaty? 3 Pierce Law Review 161 (5/1/2005) Attorney General John Ashcroft defended the Patriot Act on Tuesday, saying that the anti-terrorism measure passed by Congress after the September 11 attacks has been key to the nation's efforts to thwart attacks against Americans. He said: If we knew then (prior to September 11) what we know now, we would have passed the Patriot Act six months... 2005  
Simcha Herzog States' Rights and the Scope of the Treaty Power: Could the Patriot Act Be Constitutional as a Treaty? 3 Pierce Law Review 161 (5/1/2005) Attorney General John Ashcroft defended the Patriot Act on Tuesday, saying that the anti-terrorism measure passed by Congress after the September 11 attacks has been key to the nation's efforts to thwart attacks against Americans. He said: If we knew then (prior to September 11) what we know now, we would have passed the Patriot Act six months... 2005  
Casey L. Westover Structural Interpretation and the New Federalism: Finding the Proper Balance Between State Sovereignty and Federal Supremacy 88 Marquette Law Review 693 (Spring 2005) In a series of cases that have come to be known as the new federalism, five members of the current Supreme Court, led by Chief Justice William Rehnquist, have resurrected the concept of federalism in constitutional law. These cases represent a significant shift in the Court's approach to the federal-state balance. From the well known switch in... 2005  
Maria Aurora Fe Candelaria The Angkor Sites of Cambodia: the Conflicting Values of Sustainable Tourism and State Sovereignty 31 Brooklyn Journal of International Law 253 (2005) The Angkor civilization is recognized among the major world civilizations, equaling those that gave birth to the pyramids in Egypt, the temples of India and the pagodas of China. The Angkor sites are not as well known as any of these monuments, which is unsurprising given the political turmoil that had isolated Cambodia in the last few centuries.... 2005  
Christine Grady, R.N., Ph.D. The Challenge of Assuring Continued Post-trial Access to Beneficial Treatment 5 Yale Journal of Health Policy, Law & Ethics 425 (Winter 2005) Sam Jones has agreed to participate in a clinical trial testing an experimental drug as a possible treatment for his chronic disease. The primary outcome of effectiveness is a decrease in a specific disease marker after two months of taking the drug. Soon after Sam begins to take the drug, he reports feeling better and the level of disease marker... 2005  
Christine Grady, R.N., Ph.D. The Challenge of Assuring Continued Post-trial Access to Beneficial Treatment 5 Yale Journal of Health Policy, Law & Ethics 425 (Winter 2005) Sam Jones has agreed to participate in a clinical trial testing an experimental drug as a possible treatment for his chronic disease. The primary outcome of effectiveness is a decrease in a specific disease marker after two months of taking the drug. Soon after Sam begins to take the drug, he reports feeling better and the level of disease marker... 2005  
Matthew L.M. Fletcher The Comparative Rights of Indispensable Sovereigns 40 Gonzaga Law Review Rev. 1 (2004-2005) I. Introduction. 2 II. The Compulsory Joinder Rule and Litigation Involving Sovereigns. 6 A. The Purpose of the Compulsory Joinder Rule. 6 B. The Indispensability of a Sovereign. 10 C. The Contours of Tribal Sovereign Immunity. 12 III. The Compulsory Joinder Rule in Indian Cases. 14 A. Natural Resources and Land. 15 1. Treaty Rights. 15 2. Leases.... 2005  
Michael P. Van Alstine The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection 93 Georgetown Law Journal 1885 (August, 2005) C1-3Table of Contents L1-2Introduction . L31886 I. A Review of the Constitutional Status of Treaties. 1892 a. treaties in the constitutional design. 1893 b. the obligation of federal courts to interpret and apply treaties as supreme federal law. 1895 c. understanding the special bifaceted nature of treaties. 1897 1. Treaties as International Legal... 2005  
Michael P. Van Alstine The Death of Good Faith in Treaty Jurisprudence and a Call for Resurrection 93 Georgetown Law Journal 1885 (August, 2005) C1-3Table of Contents L1-2Introduction . L31886 I. A Review of the Constitutional Status of Treaties. 1892 a. treaties in the constitutional design. 1893 b. the obligation of federal courts to interpret and apply treaties as supreme federal law. 1895 c. understanding the special bifaceted nature of treaties. 1897 1. Treaties as International Legal... 2005  
Charles D. Weisselberg The Detention and Treatment of Aliens Three Years after September 11: a New New World? 38 U.C. Davis Law Review 815 (March, 2005) Introduction. 816 I. The (Not So Very) Old World. 817 II. The Old New World. 824 A. The Executive Branch: Investigation and Detention. 825 B. The Legislative Branch: USA PATRIOT Act. 830 C. The Courts: Media Access, Kim, and M.K.B.. 831 III. The New New World. 836 A. Guantánamo Bay. 836 B. José Padilla and Yaser Esam Hamdi. 838 C. Interrogation.... 2005  
Charles D. Weisselberg The Detention and Treatment of Aliens Three Years after September 11: a New New World? 38 U.C. Davis Law Review 815 (March, 2005) Introduction. 816 I. The (Not So Very) Old World. 817 II. The Old New World. 824 A. The Executive Branch: Investigation and Detention. 825 B. The Legislative Branch: USA PATRIOT Act. 830 C. The Courts: Media Access, Kim, and M.K.B.. 831 III. The New New World. 836 A. Guantánamo Bay. 836 B. José Padilla and Yaser Esam Hamdi. 838 C. Interrogation.... 2005  
Lexi Maxwell The Disparity in Treatment of International Custody Disputes in American Courts: a Post-september 11th Analysis 17 Pace International Law Review 105 (Spring 2005) In recent years, as a result of the growing divorce rate in the United States and the increasingly progressive attitude of American judges in advocating shared custody, judicial activism in custody arrangements has begun to play an important role in the lives of many Americans. In addition, due to the increasing mobility of the global population,... 2005  
Lexi Maxwell The Disparity in Treatment of International Custody Disputes in American Courts: a Post-september 11th Analysis 17 Pace International Law Review 105 (Spring 2005) In recent years, as a result of the growing divorce rate in the United States and the increasingly progressive attitude of American judges in advocating shared custody, judicial activism in custody arrangements has begun to play an important role in the lives of many Americans. In addition, due to the increasing mobility of the global population,... 2005  
Robert C. Gavrell The Elephant under the Border: an Argument for a New, Comprehensive Treaty for the Transboundary Waters and Aquifers of the United States and Mexico 16 Colorado Journal of International Environmental Law and Policy 189 (Winter 2005) The Sonoran and Chihuahuan deserts of the North American southwest stretch in a virtually unbroken arc along the United States-Mexico border from California in the west to mid-Texas in the east. These deserts are very hot, and very dry. Because of their unique climates and harsh conditions, these deserts, like all deserts, rank among the most... 2005  
Robert C. Gavrell The Elephant under the Border: an Argument for a New, Comprehensive Treaty for the Transboundary Waters and Aquifers of the United States and Mexico 16 Colorado Journal of International Environmental Law and Policy 189 (Winter 2005) The Sonoran and Chihuahuan deserts of the North American southwest stretch in a virtually unbroken arc along the United States-Mexico border from California in the west to mid-Texas in the east. These deserts are very hot, and very dry. Because of their unique climates and harsh conditions, these deserts, like all deserts, rank among the most... 2005  
Devon J. Green, Megan S. Shafer The Faces Within: an Examination of the Disparate Treatment of Minority Youth Throughout the North Carolina Juvenile Justice System 40 Wake Forest Law Review 727 (Summer 2005) The face of North Carolina's juvenile justice system is changing. In terms of the juvenile justice process, North Carolina is on the cutting edge of reform. In July 2004, the North Carolina General Assembly created a statewide juvenile defender position, the only position of its kind in the nation. Additionally, in 1998, the North Carolina... 2005  
Devon J. Green, Megan S. Shafer The Faces Within: an Examination of the Disparate Treatment of Minority Youth Throughout the North Carolina Juvenile Justice System 40 Wake Forest Law Review 727 (Summer 2005) The face of North Carolina's juvenile justice system is changing. In terms of the juvenile justice process, North Carolina is on the cutting edge of reform. In July 2004, the North Carolina General Assembly created a statewide juvenile defender position, the only position of its kind in the nation. Additionally, in 1998, the North Carolina... 2005  
H. Brian Holland The Failure of the Rule of Law in Cyberspace?: Reorienting the Normative Debate on Borders and Territorial Sovereignty 24 John Marshall Journal of Computer & Information Law L. 1 (Fall 2005) [O]bservance of the rule of law is necessary if the law is to respect human dignity. Joseph Raz Between 1996 and 2002, over the course of several law review articles, professors David R. Johnson, David Post, and Jack L. Goldsmith engaged in a highly influential debate addressing the significance and legitimacy of physical, geographically-defined... 2005  
Christopher R. Leslie The Importance of Lawrence in the Context of the Supreme Court's Historical Treatment of Gay Litigants 11 Widener Law Review 189 (2005) This Symposium addresses the legal significance of Lawrence v. Texas. This contribution to the Symposium attempts to locate the significance of Lawrence in the historical context of gay rights cases before the Supreme Court. Of course, the Lawrence opinion expands the right to privacy and alters the jurisprudence of substantive due process in... 2005  
Christopher R. Leslie The Importance of Lawrence in the Context of the Supreme Court's Historical Treatment of Gay Litigants 11 Widener Law Review 189 (2005) This Symposium addresses the legal significance of Lawrence v. Texas. This contribution to the Symposium attempts to locate the significance of Lawrence in the historical context of gay rights cases before the Supreme Court. Of course, the Lawrence opinion expands the right to privacy and alters the jurisprudence of substantive due process in... 2005  
Jennifer D. Fease The Importation of Sexism: a Cost-benefit Approach to the U.s.-south Korea Friendship, Commerce and Navigation Treaty 38 Vanderbilt Journal of Transnational Law 825 (May, 2005) The U.S.-South Korea Friendship, Commerce and Navigation Treaty was entered into by the signatory countries following World War II and governs the actions of corporations operating in a foreign country. One provision of the Treaty allows foreign corporations in the United States to choose executives of their choice, arguably without regard to the... 2005  
Jennifer D. Fease The Importation of Sexism: a Cost-benefit Approach to the U.s.-south Korea Friendship, Commerce and Navigation Treaty 38 Vanderbilt Journal of Transnational Law 825 (May, 2005) The U.S.-South Korea Friendship, Commerce and Navigation Treaty was entered into by the signatory countries following World War II and governs the actions of corporations operating in a foreign country. One provision of the Treaty allows foreign corporations in the United States to choose executives of their choice, arguably without regard to the... 2005  
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