AuthorTitleCitationSummaryYearKey Terms
Ken Nakasu Davison The Mixed-race Experience: Treatment of Racially Miscategorized Individuals under Title Vii 12 Asian Law Journal 161 (April, 2005) One observer writes, Race may be America's single most confounding problem, but the confounding problem about race is that few people seem to know what race is. This remark poignantly captures the irony of race--that is, race still remains an enigma even though we live in a society in which race determines so much of our lives. Indeed, notions of... 2005  
Ken Nakasu Davison The Mixed-race Experience: Treatment of Racially Miscategorized Individuals under Title Vii 12 Asian Law Journal 161 (April, 2005) One observer writes, Race may be America's single most confounding problem, but the confounding problem about race is that few people seem to know what race is. This remark poignantly captures the irony of race--that is, race still remains an enigma even though we live in a society in which race determines so much of our lives. Indeed, notions of... 2005  
Jonathan Curci The New Challenges to the International Patentability of Biotechnology: Legal Relations Between the Wto Treaty on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity 2 International Law & Management Review Rev. 1 (Winter, 2005) The patentability of biotechnology took off after the United States Supreme Court's landmark decision in Diamond v. Chakrabarty. By acknowledging that statutorily patentable subject matter included anything under the sun that is made by man, the Court encompassed both foreseeable and unforeseeable subject matter. This Diamond standard encompassed... 2005  
Jonathan Curci The New Challenges to the International Patentability of Biotechnology: Legal Relations Between the Wto Treaty on Trade-related Aspects of Intellectual Property Rights and the Convention on Biological Diversity 2 International Law & Management Review Rev. 1 (Winter, 2005) The patentability of biotechnology took off after the United States Supreme Court's landmark decision in Diamond v. Chakrabarty. By acknowledging that statutorily patentable subject matter included anything under the sun that is made by man, the Court encompassed both foreseeable and unforeseeable subject matter. This Diamond standard encompassed... 2005  
Guy I. Seidman The Origins of Accountability: Everything I Know about the Sovereign's Immunity, I Learned from King Henry Iii 49 Saint Louis University Law Journal 393 (Winter 2005) That the king can do no wrong, is a necessary and fundamental principle of the English Constitution. Princeps Legibus Solutus Est. Throughout the history of Western civilization, one central question of political organization concerns the limits of sovereign power: Whether the sovereign, formerly the king, is accountable to man's law and judgment.... 2005  
Julissa Mantilla Falcón The Peruvian Truth and Reconciliation Commission's Treatment of Sexual Violence Against Women 12 Human Rights Brief Brief 1 (Winter, 2005) sexual violence against women is an expression of gender-based violence that affects thousands of women around the world during times of armed conflict, as well as in times of peace. Impunity and silence typically surround these cases. Many times, victims do not discuss what happened to them because of feelings of shame and guilt. In most cases,... 2005  
Julissa Mantilla Falcón The Peruvian Truth and Reconciliation Commission's Treatment of Sexual Violence Against Women 12 Human Rights Brief Brief 1 (Winter, 2005) sexual violence against women is an expression of gender-based violence that affects thousands of women around the world during times of armed conflict, as well as in times of peace. Impunity and silence typically surround these cases. Many times, victims do not discuss what happened to them because of feelings of shame and guilt. In most cases,... 2005  
Katherine E. Abel The Pregnancy Discrimination Act and Insurance Coverage for Infertility Treatment: an Inconceivable Union 37 Connecticut Law Review 819 (Spring, 2005) Call it a clan, call it a network, call it a tribe, call it a family. Whatever you call it, whoever you are, you need one. --Jane Howard Other things may change us, but we start and end with family. --Anthony Brandt For most people, family is the driving force behind one's life. It is not only the family in which a person was raised, but also... 2005  
Katherine E. Abel The Pregnancy Discrimination Act and Insurance Coverage for Infertility Treatment: an Inconceivable Union 37 Connecticut Law Review 819 (Spring, 2005) Call it a clan, call it a network, call it a tribe, call it a family. Whatever you call it, whoever you are, you need one. --Jane Howard Other things may change us, but we start and end with family. --Anthony Brandt For most people, family is the driving force behind one's life. It is not only the family in which a person was raised, but also... 2005  
Sydney M. Cone, III The Promotion of Free-trade Areas Viewed in Terms of Most-favored-nation Treatment and "Imperial Preference" 26 Michigan Journal of International Law 563 (Winter 2005) I. Introduction. 563 II. Free-Trade Areas Under the WTO Agreements. 566 III. Historical Attitudes Toward Preferential Trading Systems. 570 IV. Imperial Free Trade, Hegemony, and Today's Free-Trade Areas. 573 A. Australia. 575 B. Chile. 575 C. Singapore. 576 D. Australia, Chile, and Singapore: Investment Aspects. 577 E. Reactions in Latin America,... 2005  
Sydney M. Cone, III The Promotion of Free-trade Areas Viewed in Terms of Most-favored-nation Treatment and "Imperial Preference" 26 Michigan Journal of International Law 563 (Winter 2005) I. Introduction. 563 II. Free-Trade Areas Under the WTO Agreements. 566 III. Historical Attitudes Toward Preferential Trading Systems. 570 IV. Imperial Free Trade, Hegemony, and Today's Free-Trade Areas. 573 A. Australia. 575 B. Chile. 575 C. Singapore. 576 D. Australia, Chile, and Singapore: Investment Aspects. 577 E. Reactions in Latin America,... 2005  
Dorothy A. Brown The Tax Treatment of Children: Separate but Unequal 54 Emory Law Journal 755 (Spring 2005) Introduction. 757 I. Tax Benefits for Families with Children. 765 A. Earned Income Tax Credit. 765 1. Who Is Eligible?. 765 2. EITC Calculations: How Much?. 770 3. Government Scrutiny and the EITC. 773 B. Child Tax Credit. 782 1. Who Is Eligible?. 782 2. CTC Calculations: How Much?. 788 C. Comparison of the EITC and the CTC. 788 D. Separate but... 2005  
Dorothy A. Brown The Tax Treatment of Children: Separate but Unequal 54 Emory Law Journal 755 (Spring 2005) Introduction. 757 I. Tax Benefits for Families with Children. 765 A. Earned Income Tax Credit. 765 1. Who Is Eligible?. 765 2. EITC Calculations: How Much?. 770 3. Government Scrutiny and the EITC. 773 B. Child Tax Credit. 782 1. Who Is Eligible?. 782 2. CTC Calculations: How Much?. 788 C. Comparison of the EITC and the CTC. 788 D. Separate but... 2005  
Laurence H. Tribe The Treatise Power 8 Green Bag 291 (Spring, 2005) In 2000, Professor Tribe completed the first volume of what was going to be a two-volume third edition of his constitutional law treatise, but he has decided to stop at volume one, at least for now. The following letters explain that decision in short form (a two-page letter to Justice Stephen Breyer) and long form (a thirteen-page open letter to... 2005  
Laurence H. Tribe The Treatise Power 8 Green Bag 291 (Spring, 2005) In 2000, Professor Tribe completed the first volume of what was going to be a two-volume third edition of his constitutional law treatise, but he has decided to stop at volume one, at least for now. The following letters explain that decision in short form (a two-page letter to Justice Stephen Breyer) and long form (a thirteen-page open letter to... 2005  
Michelle S. Friedman The Uneasy U.s. Relationship with Human Rights Treaties: the Constitutional Treaty System and Nonself-execution Declarations 17 Florida Journal of International Law 187 (March, 2005) The body of international law that governs the rights of individuals, rather than states, began its development at the end of the Second World War. Until that time, international law dealt exclusively with relationships between nations and left each nation's treatment of its citizens to that nation's government. However, at the end of the Second... 2005  
Michelle S. Friedman The Uneasy U.s. Relationship with Human Rights Treaties: the Constitutional Treaty System and Nonself-execution Declarations 17 Florida Journal of International Law 187 (March, 2005) The body of international law that governs the rights of individuals, rather than states, began its development at the end of the Second World War. Until that time, international law dealt exclusively with relationships between nations and left each nation's treatment of its citizens to that nation's government. However, at the end of the Second... 2005  
Aaron Ponzo Title Ii of the Americans with Disabilities Act Is a Valid Exercise of Congress' Power to Abrogate State Sovereign Immunity: Tennessee v. Lane 43 Duquesne Law Review 317 (Winter, 2005) Constitutional Law -- Eleventh Amendment -- State Sovereign Immunity -- Fourteenth Amendment -- Remedial Legislation -- The Supreme Court of the United States held that as it applies to the class of cases implicating the fundamental right of access to the courts, Title II of the Americans with Disabilities Act of 1990 constitutes a valid exercise... 2005  
Christopher Nugent Towards Balancing a New Immigration and Nationality Act: Enhanced Immigration Enforcement and Fair, Humane and Cost-effective Treatment of Aliens 5 University of Maryland Law Journal of Race, Religion, Gender and Class 243 (Fall, 2005) This article explores the contours of comprehensive immigration reform, including the enforcement trade-offs contemplated in proposed legislation and the interplay between enforcement and annual appropriations bills. From this analysis, two ideas emerge. First, a general mainstream consensus has emerged across partisan lines that to fix a broken... 2005  
Christopher Nugent Towards Balancing a New Immigration and Nationality Act: Enhanced Immigration Enforcement and Fair, Humane and Cost-effective Treatment of Aliens 5 University of Maryland Law Journal of Race, Religion, Gender and Class 243 (Fall, 2005) This article explores the contours of comprehensive immigration reform, including the enforcement trade-offs contemplated in proposed legislation and the interplay between enforcement and annual appropriations bills. From this analysis, two ideas emerge. First, a general mainstream consensus has emerged across partisan lines that to fix a broken... 2005  
Calvin A. Hamilton , Paula I. Rochwerger Trade and Investment: Foreign Direct Investment Through Bilateral and Multilateral Treaties 18 New York International Law Review Rev. 1 (Winter, 2005) The Bilateral Investment Treaty (BIT) is a useful tool in creating a friendly environment for companies seeking to invest or do business in foreign countries. Since the late 1980s, BITs have come to be universally accepted instruments for the promotion and legal protection of foreign investments. The treaties, which aim to encourage foreign... 2005  
Calvin A. Hamilton , Paula I. Rochwerger Trade and Investment: Foreign Direct Investment Through Bilateral and Multilateral Treaties 18 New York International Law Review Rev. 1 (Winter, 2005) The Bilateral Investment Treaty (BIT) is a useful tool in creating a friendly environment for companies seeking to invest or do business in foreign countries. Since the late 1980s, BITs have come to be universally accepted instruments for the promotion and legal protection of foreign investments. The treaties, which aim to encourage foreign... 2005  
Julian G. Ku Treaties as Laws: a Defense of the Last-in-time Rule for Treaties and Federal Statutes 80 Indiana Law Journal 319 (Spring, 2005) For nearly 150 years, courts have applied the last-in-time rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the... 2005  
Julian G. Ku Treaties as Laws: a Defense of the Last-in-time Rule for Treaties and Federal Statutes 80 Indiana Law Journal 319 (Spring, 2005) For nearly 150 years, courts have applied the last-in-time rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the... 2005  
Shellie Nicholson Treating Families and Children in the Child Protective System: Strategies for Systemic Advocacy and Family Healing 7 Journal of Law and Family Studies 243 (2005) In his book, Treating Families and Children in the Child Protective System, Wes Crenshaw, a psychologist, describes his technique of apology therapy for families with sexual abuse. Crenshaw advocates a flexible approach to family therapy. He involves the family and the offender in attempts to restore the victim and family after they experience what... 2005  
Shellie Nicholson Treating Families and Children in the Child Protective System: Strategies for Systemic Advocacy and Family Healing 7 Journal of Law and Family Studies 243 (2005) In his book, Treating Families and Children in the Child Protective System, Wes Crenshaw, a psychologist, describes his technique of apology therapy for families with sexual abuse. Crenshaw advocates a flexible approach to family therapy. He involves the family and the offender in attempts to restore the victim and family after they experience what... 2005  
Mark Tushnet Treatise Writing During Constitutional Moments 22 Constitutional Commentary 251 (Spring, 2005) Having written what in the legal academy counts as a notorious review of the first edition of Laurence Tribe's treatise, I found intriguing Professor Tribe's account of his decision to suspend indefinitely the development of the treatise's third edition. For me, it raises once again what I should have focused on more clearly in my earlier... 2005  
Mark Tushnet Treatise Writing During Constitutional Moments 22 Constitutional Commentary 251 (Spring, 2005) Having written what in the legal academy counts as a notorious review of the first edition of Laurence Tribe's treatise, I found intriguing Professor Tribe's account of his decision to suspend indefinitely the development of the treatise's third edition. For me, it raises once again what I should have focused on more clearly in my earlier... 2005  
Cyril Robert Emery Treaty Solutions from the Land down Under: Reconciling American Federalism and International Law 24 Penn State International Law Review 115 (Summer 2005) The United States has ratified various treaties impinging on traditional areas of state concern. Recently, in a nod to federalism, the federal government has adopted practices excusing the states from complying with some of these treaties. These practices have put the United States in violation of treaty obligations and are in tension with... 2005  
Cyril Robert Emery Treaty Solutions from the Land down Under: Reconciling American Federalism and International Law 24 Penn State International Law Review 115 (Summer 2005) The United States has ratified various treaties impinging on traditional areas of state concern. Recently, in a nod to federalism, the federal government has adopted practices excusing the states from complying with some of these treaties. These practices have put the United States in violation of treaty obligations and are in tension with... 2005  
Teresa Stanton, Kathrine R. Everett Law Library, University of North Carolina, Chapel Hill, NC Treaty: Let's Get it Right! Hannah Mcglade, Editor, Canberra, Act: Aboriginal Studies Press, 2003. Pp. Ix, 222. Isbn 0-85575-433-8. Us$18.00 33 International Journal of Legal Information 285 (Summer, 2005) This collection of essays was commissioned by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) from the think tank of the Aboriginal and Torres Strait Islander Commission (ATSIC). The intent was to stimulate discussion and debate about a treaty between Indigenous and non-Indigenous people in Australia. All of the... 2005  
Teresa Stanton, Kathrine R. Everett Law Library, University of North Carolina, Chapel Hill, NC Treaty: Let's Get it Right! Hannah Mcglade, Editor, Canberra, Act: Aboriginal Studies Press, 2003. Pp. Ix, 222. Isbn 0-85575-433-8. Us$18.00 33 International Journal of Legal Information 285 (Summer, 2005) This collection of essays was commissioned by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) from the think tank of the Aboriginal and Torres Strait Islander Commission (ATSIC). The intent was to stimulate discussion and debate about a treaty between Indigenous and non-Indigenous people in Australia. All of the... 2005  
David S. Jonas Variations on Non-nuclear: May the "Final Four" Join the Nuclear Nonproliferation Treaty as Non-nuclear Weapon States While Retaining Their Nuclear Weapons? 2005 Michigan State Law Review 417 (Summer 2005) Introduction. 418 I. The Nuclear Non-Proliferation Treaty. 420 A. NPT Background. 420 B. An Alternate View. 422 C. New Challenges to the NPT. 423 D. NPT Areas of Contention. 426 1. Criticism of the NWS in the NPT Context. 430 2. Specific NPT Problems. 433 E. The NPT Status Quo: A Recipe for Stalemate. 434 II. The Five Options: NPT Accession of the... 2005  
David S. Jonas Variations on Non-nuclear: May the "Final Four" Join the Nuclear Nonproliferation Treaty as Non-nuclear Weapon States While Retaining Their Nuclear Weapons? 2005 Michigan State Law Review 417 (Summer 2005) Introduction. 418 I. The Nuclear Non-Proliferation Treaty. 420 A. NPT Background. 420 B. An Alternate View. 422 C. New Challenges to the NPT. 423 D. NPT Areas of Contention. 426 1. Criticism of the NWS in the NPT Context. 430 2. Specific NPT Problems. 433 E. The NPT Status Quo: A Recipe for Stalemate. 434 II. The Five Options: NPT Accession of the... 2005  
Alex Glashausser What We must Never Forget When it Is a Treaty We Are Expounding 73 University of Cincinnati Law Review 1243 (Summer, 2005) I. Introduction. 1244 II. The Binary View of Treaties. 1248 A. The Framers' Vision. 1251 B. Juristic Conceptions. 1255 1. United States Law. 1255 2. International Law. 1259 a. The Vienna Convention. 1260 b. The International Court of Justice. 1263 C. Scholars' Commentary. 1267 III. The Singularity of Treaties. 1270 A. Envisioning the Document. 1270... 2005  
Alex Glashausser What We must Never Forget When it Is a Treaty We Are Expounding 73 University of Cincinnati Law Review 1243 (Summer, 2005) I. Introduction. 1244 II. The Binary View of Treaties. 1248 A. The Framers' Vision. 1251 B. Juristic Conceptions. 1255 1. United States Law. 1255 2. International Law. 1259 a. The Vienna Convention. 1260 b. The International Court of Justice. 1263 C. Scholars' Commentary. 1267 III. The Singularity of Treaties. 1270 A. Envisioning the Document. 1270... 2005  
Bridget Hiedemann , Jutta M. Joesch Whose Sons and Daughters Are Treated Differently? (Re)examining the Child Gender Literature Through the Lens of Race and Ethnicity 4 Seattle Journal for Social Justice 119 (Fall/Winter 2005) In recent years social scientists have accumulated evidence of differences in family structure, labor market outcomes, and child care in response to sons and daughters in the United States. Newspaper headlines such as It's a Boy! Will You Marry Me? and It's a Girl! (Will the Economy Suffer?) provide the essence of the growing body of literature... 2005  
Bridget Hiedemann , Jutta M. Joesch Whose Sons and Daughters Are Treated Differently? (Re)examining the Child Gender Literature Through the Lens of Race and Ethnicity 4 Seattle Journal for Social Justice 119 (Fall/Winter 2005) In recent years social scientists have accumulated evidence of differences in family structure, labor market outcomes, and child care in response to sons and daughters in the United States. Newspaper headlines such as It's a Boy! Will You Marry Me? and It's a Girl! (Will the Economy Suffer?) provide the essence of the growing body of literature... 2005  
Duncan B. Hollis Why State Consent Still Matters--non-state Actors, Treaties, and the Changing Sources of International Law 23 Berkeley Journal of International Law 137 (2005) Following the end of the Cold War and the subsequent proliferation of international rules, processes, and organizations, some international law scholars argued that there was no longer a need to debate the existence of international law. It was, as Thomas Franck coined it, a post-ontological era, where international lawyers could turn their... 2005  
Duncan B. Hollis Why State Consent Still Matters--non-state Actors, Treaties, and the Changing Sources of International Law 23 Berkeley Journal of International Law 137 (2005) Following the end of the Cold War and the subsequent proliferation of international rules, processes, and organizations, some international law scholars argued that there was no longer a need to debate the existence of international law. It was, as Thomas Franck coined it, a post-ontological era, where international lawyers could turn their... 2005  
Jesselyn A. Radack You Say Defendant, I Say Combatant: Opportunistic Treatment of Terrorism Suspects Held in the United States and the Need for Due Process 29 New York University Review of Law and Social Change 525 (2005) [S]hould the Government determine that the defendant has engaged in conduct proscribed by the offenses now listed . . . the United States may . . . capture and detain the defendant as an unlawful enemy combatant. -- Plea Agreement of American Taliban John Walker Lindh You are not an enemy combatant--you are a terrorist. You are not a soldier... 2005  
Jesselyn A. Radack You Say Defendant, I Say Combatant: Opportunistic Treatment of Terrorism Suspects Held in the United States and the Need for Due Process 29 New York University Review of Law and Social Change 525 (2005) [S]hould the Government determine that the defendant has engaged in conduct proscribed by the offenses now listed . . . the United States may . . . capture and detain the defendant as an unlawful enemy combatant. -- Plea Agreement of American Taliban John Walker Lindh You are not an enemy combatant--you are a terrorist. You are not a soldier... 2005  
Melissa A. Murphy A "World Occupation" of the Iraqi Economy? How Order 39 Will Create a Semi-sovereign State 19 Connecticut Journal of International Law 445 (Spring, 2004) Eleven days in Iraq left indelible images in our minds. [Y]oung men waiting in long lines everywhere jobs are announced . snaking lines of cars at gas stations . the energy, commitment and intensity of Iraqis as they discussed their country's future . the sincere efforts of civilians to forge ahead despite the looming insecurity. On September 20,... 2004  
Robert B.Chapman A Matter of Trust, or Why "Erisa-qualified" Is "Nonsense upon Stilts" : the Tax and Bankruptcy Treatment of Section 457 Deferred Compensation Plans as Exemplar 40 Willamette Law Review Rev. 1 (Winter 2004) My propositions serve as elucidations in the following way: anyone who understands me eventually recognizes them as nonsensical, when he has used them as steps to climb up beyond them. He must, so to speak, throw away the ladder after he has climbed up it. He must transcend these propositions, and then he will see the world aright. I. Introduction.... 2004  
Robert B. Chapman A Matter of Trust, or Why "Erisa-qualified" Is "Nonsense upon Stilts": the Tax and Bankruptcy Treatment of Section 457 Deferred Compensation Plans as Exemplar 13 Journal of Bankruptcy Law and Practice Art. 1 (2004) My propositions serve as elucidations in the following way: anyone who understands me eventually recognizes them as nonsensical, when he has used them as steps to climb up beyond them. He must, so to speak, throw away the ladder after he has climbed up it. He must transcend these propositions, and then he will see the world aright. I'll gladly pay... 2004  
Sarah Krakoff A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation 83 Oregon Law Review 1109 (Winter 2004) In my view, the tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. The [U.S.] Constitution never took away Indian self-governance; that governance flows from the people. The Courts are trying to do what the [executive and legislative] branch[es] have learned they... 2004  
Brandon C. Gruner A New Hope for International Space Law: Incorporating Nineteenth Century First Possession Principles into the 1967 Space Treaty for the Colonization of Outer Space in the Twenty-first Century 35 Seton Hall Law Review 299 (2004) Legend has it that a friend once asked Mark Twain what he should invest in, and the good-humored author responded Buy land; they've stopped making it. The author's advice was given more than 100 years ago and it still makes good sense. If a resource is scarce, it is almost always going to become more valuable. It is amazing that even in the... 2004  
Carlos G. Garcia All the Other Dirty Little Secrets: Investment Treaties, Latin America, and the Necessary Evil of Investor-state Arbitration 16 Florida Journal of International Law 301 (June, 2004) Over the past several years, a remarkable amount of attention - mostly negative - has been directed at Chapter 11 of the North American Free Trade Agreement (NAFTA). Put simply, Chapter 11 gives investors of each member state the right to directly sue the governments of the other two member states for measures affecting their investments which... 2004  
Bless Young , Kurt Gurka An Overview of State Sovereign Immunity in the Federal System 17-OCT Utah Bar Journal 22 (October, 2004) Sovereign immunity shields states from having to defend themselves against suits in law or at equity in the federal system. Although not explicitly incorporated into the constitutional text, it seemed apparent that sovereign immunity, as it had existed up to ratification, would remain in place. However, this assumption was destroyed by the 1793... 2004  
Heather Kendall-Miller Ancsa and Sovereignty Litigation 24 Journal of Land, Resources, and Environmental Law 465 (2004) The Venetie case is commonly associated with Venetie's failed attempt to maintain its Indian country status as a basis for territorial jurisdiction over non-members. The case is less well known for its success. Venetie was the first Alaska Native village to establish that it was a tribe, possessed with inherent powers of self-government with... 2004  
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