AuthorTitleCitationSummaryYearKey Terms
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  
Max Minzner Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country 6 Nevada Law Journal 89 (Fall 2005) Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... 2005 Yes
Max Minzner Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country 6 Nevada Law Journal 89 (Fall 2005) Indian tribes are not all alike. Tribes range in size from tremendous to tiny. Some gaming tribes have per capita incomes that rival the richest towns in the United States while other tribes are some of the poorest communities in the country. Some tribes have adopted tribal court systems that largely mimic those present in the states surrounding... 2005 Yes
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  
Anna Fleder , Darren J. Ranco Tribal Environmental Sovereignty: Culturally Appropriate Protection or Paternalism? 19 Journal of Natural Resources & Environmental Law 35 (2004-2005) Public policy is lagging far behind our ability to destroy ourselves, writes Native American activist Winona LaDuke, as she emphasizes the need to heed Iroquois advice and protect the environment for use by the seventh generation. American Indian nations are profoundly affected by the destruction of the environment, because they hold cultural,... 2005 Yes
Carla D. Pratt Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti 11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... 2005 Yes
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  
Emma Garrison Baffling Distinctions Between Criminal and Regulatory: How Public Law 280 Allows Vague Notions of State Policy to Trump Tribal Sovereignty 8 Journal of Gender, Race and Justice 449 (Fall 2004) In 1953, Congress enacted Public Law 280 (PL-280) to solve the problem of lawlessness and inadequate fora on tribal lands, and transferred jurisdiction over Indian matters to courts in designated states. While these states have virtually unlimited jurisdiction over criminal matters on tribal lands, jurisdiction over civil matters has been... 2004 Yes
Francesco Francioni Beyond State Sovereignty: the Protection of Cultural Heritage as a Shared Interest of Humanity 25 Michigan Journal of International Law 1209 (Summer 2004) Introduction. 1209 I. Cultural Heritage and Human Rights. 1212 II. Culture and International Responsibility. 1215 III. International Law and Cultural Diversity. 1220 A. Intangible Cultural Heritage. 1222 B. Diversity of Cultural Contents and Artistic Expressions. 1226 2004  
Joseph R. Selvidio Blumenthal v. Babbitt: How Three Words May Help Redefine Sovereignty for America's Most Native American Tribe 23 QLR 247 (2004) Over the past decade, Native American gambling has helped redefine the character of Connecticut's economy. At the center of this redefinition has been the success of the Mashantucket Pequots, a three hundred member tribe of Native Americans whose gaming empire, Foxwoods Resort & Casino, has grown into the largest gambling enterprise in North... 2004 Yes
Anna Gelpern Building a Better Seating Chart for Sovereign Restructurings 53 Emory Law Journal 1115 (2004) Introduction: The Odd World of Sovereign Debt. 1115 I. Mining the Bankruptcy Analogy. 1119 II. The Divine Right of Kings. 1124 III. A Foggy Status Quo. 1126 A. Not So Sacred Livestock. 1128 B. Tension at the Top. 1130 C. The Pari Passu Snafu. 1131 D. A New Frontier. 1137 IV. Priority for Priorities?. 1138 V. Elusive Solutions. 1143 Conclusions.... 2004  
David D. Haddock, Robert J. Miller Can a Sovereign Protect Investors from Itself? Tribal Institutions to Spur Reservation Investment 8 Journal of Small and Emerging Business Law 173 (Summer 2004) A bilateral danger of underperformance exists when two parties sink investments with payoffs dependent on the behavior of the other. There are five general categories of defense against that danger: (1) Legal action against a misbehaving co-investor; (2) Reliance on a reputation for non-opportunistic behavior; (3) Agreement by the party with the... 2004 Yes
Jeffrey M. Hirsch Can Congress Use its War Powers to Protect Military Employees from State Sovereign Immunity? 34 Seton Hall Law Review 999 (2004) The need to attract and keep soldiers has never been greater, yet that necessity is threatened by the Supreme Court's burgeoning state sovereign immunity jurisprudence. Congress has sought to promote military service in the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects soldiers from adverse employment actions... 2004  
Edward T. Hayes Changing Notions of Sovereignty and Federalism in the International Economic System: a Reassessment of Wto Regulation of Federal States and the Regional and Local Governments Within Their Territories 25 Northwestern Journal of International Law and Business Bus. 1 (Fall 2004) On November 14, 2001 the 142 Members of the World Trade Organization (WTO) successfully concluded their 4 Ministerial Conference in Doha, Qatar by agreeing to launch a new round of trade negotiations. The Doha Ministerial Declaration provides a mandate for negotiations on twenty-one subjects, including topics already under negotiation and new... 2004  
Beth Garrison Children Are Not Second Class Citizens: Can Parents Stop Public Schools from Treating Their Children like Guinea Pigs? 39 Valparaiso University Law Review 147 (Fall, 2004) Dear Senator Grassley: I am writing you to express my frustration with the present condition of our education system .. Imagine . an area surrounded by green lawns, sidewalks, and rows of one indistinguishable house followed by another. In this suburbia-like neighborhood live the Wilsons. The Wilsons are a traditional, hardworking, middle-class... 2004  
Jaykant M. Patidar Citizenship and the Treatment of American Citizen Terrorists in the United States 42 Brandeis Law Journal 805 (Summer, 2004) An American citizen, also a suspected terrorist, is captured on a battlefield in Afghanistan and then taken to the United States where he is charged in the civilian court system. A second American is also captured in Afghanistan; however, he is not formally charged, but instead placed into military custody, and denied contact with an attorney.... 2004  
Paul M. Rashkind Confrontation, Sovereignty, Seizures Top Court Action 19-SUM Criminal Justice 40 (Summer, 2004) The third quarter of the Supreme Court's 2003-04 Term produced a balanced docket--nine decisions and nine new cert grants relating to criminal cases. In keeping with recent Terms, the cases are spread over a broad spectrum. The decided cases present significant developments in three areas of the law. First, the Court overruled its own precedent... 2004  
  Constitutional Law -- State Sovereign Immunity -- Fifth Circuit Bars Challenge to Statutes' Constitutionality in Interlocutory Appeal Reviewing Denial of State Sovereign Immunity. -- Mccarthy ex Rel. Travis v. Hawkins, 381 F.3d 407 (5th Cir. 2004). 118 Harvard Law Review 786 (December, 2004) Ever since the concept of state sovereign immunity entered the constitutional realm, courts have struggled to balance the sovereign interests of the State with the supremacy of federal law. The doctrine of Ex parte Young carves an exception out of Eleventh Amendment jurisprudence, allowing prospective relief against a state official engaged in... 2004  
Edward J. Everitt Constitutional Law--eleventh Amendment--abrogation of States' Sovereign Immunity in Title Ii of the Americans with Disabilities Act Held a Valid Exercise of Congress's Fourteenth Amendment Section Five Power 74 Mississippi Law Journal 253 (Fall 2004) Congress passed the Americans with Disabilities Act of 1990 (ADA) in order to remedy discrimination against disabled persons. Respondents George Lane and Beverly Jones, both disabled, filed suit in federal court against the State of Tennessee for alleged violations of Title II of the ADA. Lane alleged he was unable to answer a criminal charge in a... 2004  
Sheree R. Weisz Constitutional Law--federal Indian Law: the Erosion of Tribal Sovereignty as the Protection of the Nonintercourse Act Continues to Be Redefined More Narrowly 80 North Dakota Law Review 205 (2004) In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... 2004 Yes
Michael J. Mano Contemporary Visions of the Early Federalist Ideology of James Madison: an Analysis of the United States Supreme Court's Treatment of the Federalist No. 39 16 Washington University Journal of Law and Policy 257 (2004) The theory of New Federalism was one of the dominant themes guiding Republican politics throughout the 1980s and 1990s. In retrospect, it should have come as no surprise that four of the Justices appointed to the Supreme Court by Presidents Reagan and George H.W. Bush have proven to be rigid advocates of state sovereignty. Headed by Chief Justice... 2004  
Darryll M. Halcomb Lewis , James R. Jones Culture Shock in the Workplace: the Legal Treatment of Cultural Behavior under Title Vii 29 Oklahoma City University Law Review 139 (Spring, 2004) [P]ermanent resident alien[s], married to an American citizen, and [their] children will be native-born American citizens. But that first generation has the greatest adjustments to make to their new country. Their unfamiliarity with America makes them the most vulnerable to exploitation and discriminatory treatment. They, of course, have the same... 2004  
David J. D'Addio Dual Sovereignty and the Sixth Amendment Right to Counsel 113 Yale Law Journal 1991 (June, 2004) In Texas v. Cobb, the Supreme Court affirmed that the Sixth Amendment right to counsel is offense specific and attaches only to charged offenses. Prior to Cobb, lower courts had created an exception to this rule, holding that the right to counsel also attached to any additional uncharged crimes that were factually related to a specific charged... 2004  
Jana L. Tibben Family Leave Policies Trump States' Rights: Nevada Department of Human Resources v. Hibbs and its Impact on Sovereign Immunity Jurisprudence 37 John Marshall Law Review 599 (Winter 2004) In late May 2003, the top headline of the Chicago Tribune proclaimed, Court bolsters family leave: Justices reject stereotypes; say states not exempt from U.S. law. The headline referred to the United States Supreme Court case Nevada Department of Human Resources v. Hibbs, which held that states could be sued in federal court for money damages... 2004  
Michael P. Van Alstine Federal Common Law in an Age of Treaties 89 Cornell Law Review 892 (May, 2004) Introduction. 893 I. The Force and Significance of the Modern Treaty Power. 900 A. Constitutional Background and Text: The Role of Treaties as Directly Applicable Federal Law. 900 1. Federal Power, Foreign Affairs, and Treaties. 900 2. Treaties and the Self-Execution Doctrine. 904 B. Responding to the Revisionist Challenge to Self-Execution. 907 1.... 2004  
Joseph M. West Federal Fraud Prosecutions of Schemes to Defraud Foreign Sovereigns of Import Taxes 50 Wayne Law Review 1061 (Fall 2004) This note addresses the question of whether the United States can utilize 18 U.S.C. section 1343 to criminally prosecute defendants who use interstate wires in furtherance of a scheme to defraud a foreign government of import taxes. The United States Supreme Court recently granted certiorari to resolve a circuit split on the issue. In 1996, the... 2004  
Curtis A. Bradley Federalism and the Treaty Power 98 American Society of International Law Proceedings 341 (March 31-April 3, 2004) Article II of the Constitution gives the president the power, with the advice and consent of two-thirds of the Senate, to make treaties. The supremacy clause in Article VI of the Constitution provides that treaties made under the authority of the United States shall be the supreme law of the land and shall bind state judges. Thus, like federal... 2004  
David B. Kopel , Paul Gallant , Joanne D. Eisen Firearms Possession by "Non-state Actors": the Question of Sovereignty 8 Texas Review of Law and Politics 373 (Spring 2004) I. Introduction. 374 II. Ancient Greece. 377 III. Mainland Asia. 381 A. Cambodia. 382 B. China. 384 C. Japan. 385 IV. The Pacific. 386 A. East Timor. 386 B. Bougainville. 394 V. Africa. 403 A. Niger. 403 B. Angola. 404 C. Zimbabwe. 405 D. Uganda. 413 VI. Europe. 422 A. The Warsaw Pact. 422 1. Afghanistan. 422 2. 1989 Revolutions. 423 3. Romania.... 2004  
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