AuthorTitleCitationSummaryYearKey Terms
Lara Gardner State Employers Are Not Sovereign: by Analogy, Transfer the Market Participant Exception to the Dormant Commerce Clause to States as Employers 79 Chicago-Kent Law Review 725 (2004) This Note argues that states should be treated as market participants and not be given sovereign immunity under the Eleventh Amendment when they are acting as private employers. Through an expansive reading of the Eleventh Amendment, the Supreme Court has restricted the right of state employees to sue under federal statutes intended to protect... 2004  
Virginia F. Milstead State Sovereign Immunity and the Plaintiff State: Does the Eleventh Amendment Bar Removal of Actions Filed in State Court? 38 John Marshall Law Review 513 (Winter 2004) California recently filed suit against multiple energy suppliers in California state court, alleging unfair competition arising from California's energy crisis of 2000 and 2001. The defendants promptly removed the action, alleging bases for federal jurisdiction. The state moved to remand the action, arguing among other things, that the removal was... 2004  
Jeffrey W. Childers State Sovereign Immunity and the Protection of Intellectual Property: Do Recent Congressional Attempts to "Level the Playing Field" Run Afoul of Current Eleventh Amendment Jurisprudence and Other Constitutional Doctrines? 82 North Carolina Law Review 1067 (March, 2004) Introduction. 1069 I. Description of the IPPRA of 2003 and the Draft Leahy/Hatch Amendments. 1076 A. Purposes of the IPPRA of 2003. 1077 B. Equalization of Intellectual Property Remedies by Conditional Waiver. 1079 C. Clarification of Remedies Available for Infringement by State Officers and Employees. 1080 D. Liability of States for Constitutional... 2004  
Kenneth R. Thomas State Sovereign Immunity: Will its Application to Student Loans Prove "Bankrupt"? 51-APR Federal Lawyer 26 (March/April, 2004) Even though five federal courts of appeals have held that federal bankruptcy laws cannot be used to abrogate state sovereign immunity under the 11th Amendment, the Sixth Circuit has held to the contrary. This case, Hood v. Tennessee Student Assistance Corp., is currently before the Supreme Court. The Court's track record in the area of sovereign... 2004  
Michael J. Lichtenstein, Swidler Berlin Shereff Friedman LLP Washington, D.C., mjlichtenstein@swidlaw.com Supreme Court Ducks Sovereign Immunity Question 23-AUG American Bankruptcy Institute Journal 28 (July/August, 2004) Under the Eleventh Amendment to the U.S. Constitution, no individual may sue a state without its consent. Using its powers granted under the Bankruptcy Clause in Article I of the Constitution, Congress enacted §106 of the Bankruptcy Code, under which sovereign immunity is expressly abrogated. The circuit courts have split on whether or not Congress... 2004  
by Ralph C. Anzivino Tennessee Student Assistance Corp. 2003-04 Preview of United States Supreme Court Cases 252 (2/16/2004) Section 106 of the Bankruptcy Code abrogates a state's sovereign immunity in bankruptcy. A debtor filed a complaint in bankruptcy court against the state of Tennessee to discharge her student loans. Tennessee claims that § 106 of the Bankruptcy Code violates the Eleventh Amendment, which protects a state's sovereign immunity. Does Congress have the... 2004  
Alberto J. Gil Ibáñez The "Standard" Administrative Procedure for Supervising and Enforcing Ec Law: Ec Treaty Articles 226 and 228 68-WTR Law and Contemporary Problems 135 (Winter 2004) Although the Treaty Establishing the European Community (EC Treaty or Treaty) has created several procedures for combating Member States' breaches of European Community (EC) law, the European Commission (Commission) enforcement procedure under EC Treaty Articles 226 and 228 is still the most far-reaching and most commonly used. This Article... 2004  
Winston P. Nagan, FRSA , Craig Hammer The Changing Character of Sovereignty in International Law and International Relations 43 Columbia Journal of Transnational Law 141 (2004) This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state... 2004  
Sandeep Gopalan The Creation of International Commercial Law: Sovereignty Felled? 5 San Diego International Law Journal 267 (2004) I. Introduction. 268 II. The Landscape. 268 A. The Nature of Harmonization. 272 1. Harmonization Defined. 274 2. Historical Context. 276 B. Arguments for the Creation of International Commercial Law. 278 1. Divergent National Laws Cause Problems. 278 . 2. National Laws May be Inadequate for International Transactions. 282 3. Modernization and... 2004  
Dan Sarooshi The Essentially Contested Nature of the Concept of Sovereignty: Implications for the Exercise by International Organizations of Delegated Powers of Government 25 Michigan Journal of International Law 1107 (Summer 2004) I. Introduction. 1107 II. Sovereignty as an Essentially Contested Concept and International Organizations. 1108 A. Sovereignty as an Essentially Contested Concept'. 1108 B. Sovereignty and International Organizations. 1110 C. The Nation-State as Exemplar'. 1111 D. The Normative Character of Sovereignty and the Question of Values. 1114 E. The... 2004  
Tamara Karel The Failure of Ohio's Drug Treatment Initiative 51 Cleveland State Law Review 203 (2004) I. L2-5,T5Introduction 203 II. L2-5,T5A History of the Initiative Power 205 A. L3-5,T5The History of Initiatives in the United States 206 B. L3-5,T5The Ohio Constitution 209 C. L3-5,T5The History of Initiatives in Ohio 211 III. L2-5,T5An Overview of the Ohio Drug Treatment Initiative 214 IV. L2-5,T5Analysis 218 A. L3-5,T5Comparison to Current Drug... 2004  
Ann Bartow The Hegemony of the Copyright Treatise 73 University of Cincinnati Law Review 581 (Winter 2004) Unthinking respect for authority is the greatest enemy of truth. - Albert Einstein Copyright laws do not reflect or support the social norms associated with authorship and the creative process, or the actual use of copyrighted works by consumers. Wealthy large-scale content owners engage in deal-making, log-rolling, interest-pandering,... 2004  
Stephen D. Krasner The Hole in the Whole: Sovereignty, Shared Sovereignty, and International Law 25 Michigan Journal of International Law 1075 (Summer 2004) Introduction. 1075 I. Sovereignty. 1077 II. Inescapable Tensions. 1078 III. The Durability of Deviations from Conventional Sovereignty. 1085 IV. Bad Governance. 1088 V. The Present Policy Repertoire:Governance Assistance and Transitional Administration. 1089 VI. Trusteeships: An Unlikely Possibility. 1090 VII. Shared Sovereignty: A Promising... 2004  
Steven M. Ruby The International Treaty on Plant Genetic Resources for Food and Agriculture: Friend of the International Farmer 2 Oklahoma Journal of Law & Technology 23 (2004) The world's population is growing at an extremely rapid pace, and in order to keep up with the nutritional needs of the population [p]lant genetic resources for food and agriculture [PGRFA] are crucial for feeding the world's population. PGRFA include the raw material that farmers and plant breeder's use to improve the quality and productivity... 2004  
Hye-Jong Linda Lee The Pragmatic Migratory Bird Treaty Act: Protecting "Property" 31 Boston College Environmental Affairs Law Review 649 (2004) Abstract: In 1916, the United States of America entered into a treaty with the United Kingdom, acting on behalf of Canada, to protect migratory birds from unrestrained killing. Two years later, Congress enacted the Migratory Bird Treaty Act (MBTA) to give effect to this convention. The United States subsequently entered into similar agreements with... 2004  
Jennifer L. Arnett The Quest for Hawaiian Sovereignty: an Argument for the Rejection of Federal Acknowledgement 14-FALL Kansas Journal of Law & Public Policy 169 (Fall, 2004) Originally called the Sandwich Islands, the Hawaiian Islands have a long history of civilization and government. The Hawaiian people have been part of a robust political community for almost two centuries. The first Europeans arrived on the islands in 1776 and discovered that the Native Hawaiian people, whose population was estimated at more than... 2004  
Michael P. Allen The Supreme Court, Punitive Damages and State Sovereignty 13 George Mason Law Review Rev. 1 (Fall 2004) Introduction. 3 I. The Landscape of Federal Constitutional Punitive Damages Review. 7 A. The Role of Punitive Damages, According to the Supreme Court. 8 B. Constitutional Constraints on Punitive Damages. 9 1. Due Process Limitations Concerning Punitive Damages. 12 2. State Sovereignty Issues and Punitive Damages. 13 a. A Doctor, a Car, and Some... 2004  
Adeno Addis The Thin State in Thick Globalism: Sovereignty in the Information Age 37 Vanderbilt Journal of Transnational Law L. 1 (January, 2004) Looking at the astonishing technological developments in mass communication over the past several decades, Professor Addis explores whether and how the resulting communication revolution has undermined the notion of territorial sovereignty. Specifically, he argues that (1) although the territorial state has faced serious challenges from the... 2004  
Timothy R. Holbrook The Treaty Power and the Patent Clause: Are There Limits on the United States' Ability to Harmonize? 22 Cardozo Arts and Entertainment Law Journal L.J. 1 (2004) The latter part of the twentieth century saw considerable efforts at the harmonization of international intellectual property laws through international agreements such as the North American Free Trade Agreement and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Efforts at harmonizing international intellectual property... 2004  
Carol Daugherty Rasnic The U.s. Supreme Court on Affirmative Action: Are Some of Us "More Equal" than Others? (With Some Comparisons to Post-good Friday Agreement Police Hiring in Northern Ireland) 7 Scholar: St. Mary's Law Review on Minority Issues 23 (Fall 2004) I. Introduction. 23 II. Pre-Grutter Supreme Court Affirmative Action Decisions. 24 III. Grutter v. Bollinger. 42 IV. Some Comparisons with Policing in Post-Good Friday Agreement Northern Ireland. 62 V. Conclusion. 69 2004  
Evan Criddle The Vienna Convention on the Law of Treaties in U.s. Treaty Interpretation 44 Virginia Journal of International Law 431 (Winter 2004) Introduction. 431 I. U.S. Treaty Interpretation at a Crossroads. 436 A. The Treaty to Govern All Treaties. 437 B. The Nationalist and Internationalist Approaches. 449 1. Should Courts Privilege Extrinsic Sources over Texts?. 450 2. Should Courts Ignore the United States' Other International Obligations?. 455 3. Should Courts Always Defer to the... 2004  
T. Alexander Aleinikoff Thinking Outside the Sovereignty Box: Transnational Law and the U.s. Constitution 82 Texas Law Review 1989 (June, 2004) Recent opinions of the Supreme Court, as well as statements by several of the Justices in extra-judicial speeches, suggest a willingness to look at foreign sources of law as aids in constitutional interpretation. Constitutional scholarship has also taken a comparative turn; numerous scholars now examine non-U.S. constitutional structures and... 2004  
David I. Spector Trade Treaty Threats and Sub-national Sovereignty: Multilateral Trade Treaties and Their Negligible Impact on State Laws 27 Hastings International and Comparative Law Review 367 (Winter 2004) Depending on whom you ask, free trade is either the greatest thing since sliced bread or a sure sign that the end is near. Advocates extol the virtues of trade without borders: the United States Trade Representative proudly asserts that the North American Free Trade Agreement (NAFTA) and the Uruguay Round of the World Trade Organization (WTO),... 2004  
David I. Spector Trade Treaty Threats and Sub-national Sovereignty: Multilateral Trade Treaties and Their Negligible Impact on State Laws 27 Hastings International and Comparative Law Review 367 (Winter 2004) Depending on whom you ask, free trade is either the greatest thing since sliced bread or a sure sign that the end is near. Advocates extol the virtues of trade without borders: the United States Trade Representative proudly asserts that the North American Free Trade Agreement (NAFTA) and the Uruguay Round of the World Trade Organization (WTO),... 2004  
Andrew A. Beerworth Treating Spiritual and Legal Counselors Differently: Mandatory Reporting Laws and the Limitations of Current Free Exercise Doctrine 10 Roger Williams University Law Review 73 (Fall 2004) If the First Amendment is to have any vitality, it ought not be construed to cover only the extreme and hypothetical situation in which a State directly targets a religious practice. Justice O'Connor Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . . It is, at least at this... 2004  
Gerald F. Munitz Treatment of Real Property Liens in Bankruptcy Cases 38 John Marshall Law Review 171 (Fall 2004) The focus of this Article is the treatment of real property liens in cases under the United States Bankruptcy Code (the Code). Topics discussed are (i) the concept of adequate protection, (ii) treatment of postpetition rents as cash collateral, (iii) the estate's ability to obtain credit including the priming of existing liens, (iv) the special... 2004  
Peter M. Gerhart , Michael S. Baron Understanding National Treatment: the Participatory Vision of the Wto 14 Indiana International & Comparative Law Review 505 (2004) Rules against discrimination are easy to state at a general level but are devilishly difficult to apply in particular cases; the gulf between articulating principles of non-discrimination and applying them is wide. So it is with the national treatment provisions of Article III of GATT. At a general level, the national treatment principle is... 2004  
Yohance C. Edwards , Jennifer Ahern Unequal Treatment in State Supreme Courts: Minority and City Schools in Education Finance Reform Litigation 79 New York University Law Review 326 (April, 2004) This Note's primary purpose is to test Professor James Ryan's assertion that at least two extra legal factors--the predominant race and setting of plaintiff school districts--have an influence on the outcome of education finance reform litigation. Although the subject matter of this Note is education finance reform litigation, its findings may be... 2004  
by Melissa L. Tatum United States 2003-04 Preview of United States Supreme Court Cases 214 (1/5/2004) The issue in this case is whether the Double Jeopardy Clause prevents the federal government from prosecuting a nonmember Indian for the same activity to which he pled guilty in tribal court. To resolve that issue, however, the Court must decide how to interpret a federal statute in which Congress recognized and affirmed the inherent power of... 2004  
Steve Charnovitz Using Framework Statutes to Facilitate U.s. Treaty Making 98 American Journal of International Law 696 (October, 2004) What can be learned from the exemplary congressional-executive cooperation achieved in the negotiation, approval, and implementation of new United States free trade agreements (FTAs)? Commentators have examined the significance of these FTAs for economic growth and international trade policy, but they have given insufficient attention to the legal... 2004  
David K. Pinckney, Jones, Patterson, Simpson & Newton PA, Hilton Head Island and Bluffton, S.C., dpinckney@jsplaw.net We the People Did Not Divest the States of Their Sovereign Immunity in Bankruptcy 22-JAN American Bankruptcy Institute Journal 10 (December/January, 2004) Editor's Note: This article was originally written as Part II of a thesis submitted to the LL.M. in Bankruptcy Program at St. John's University School of Law, Spring 2002. The general theory of a blanket surrender of sovereign immunity by the states through their adoption of the original Constitution is nothing new. In fact, the U.S. Supreme Court... 2004  
Carl Tobias Western Sovereignty for the Twenty-first Century: a Book Review of Daniel Kemmis's this Sovereign Land 34 Environmental Law 819 (Summer 2004) The American West has been a perpetual source of fascination and wonder. The region includes strikingly beautiful landscapes and exotic wildlife that inspire awe and fear. The human need to eke out a living from the arid, inhospitable terrain has perennially conflicted with natural resource protection. A century of exploitation preceded recent... 2004  
Carl Tobias Western Sovereignty for the Twenty-first Century: a Book Review of Daniel Kemmis's this Sovereign Land 34 Environmental Law 819 (Summer 2004) The American West has been a perpetual source of fascination and wonder. The region includes strikingly beautiful landscapes and exotic wildlife that inspire awe and fear. The human need to eke out a living from the arid, inhospitable terrain has perennially conflicted with natural resource protection. A century of exploitation preceded recent... 2004  
Ryan Sudbury When Good Streams Go Dry: United States v. Adair and the Unprincipled Elimination of a Federal Forum for Treaty Reserved Rights 25 Public Land & Resources Law Review 147 (Spring 2004) In 1864, the United States and the Klamath Indians entered into a treaty in which the tribe ceded its interest in over 22 million acres of land to the United States government, which also reserved 1.9 million acres for the Klamath Indians to be held and regarded as an Indian reservation. By the terms of the treaty both parties recognized the... 2004  
Jeff Timmerman When Her Feet Touch the Ground: Conflict Between the Roma Familistic Custom of Arranged Juvenile Marriage and Enforcement of International Human Rights Treaties 13 Journal of Transnational Law & Policy 475 (Spring 2004) Sit your daughter in a chair and if her feet touch the ground, she's ready for marriage. Romani Proverb When self-declared Romanian Gypsy king Florin Cioaba married his twelve-year-old daughter Ana Maria to fifteen-year-old suitor Birita Mihai in September 2003, the international human rights community finally decided to cry foul. The... 2004  
William E. Thro A Question of Sovereignty: a Review of John T. Noonan, Jr.'s Narrowing the Nation's Power: the Supreme Court Sides with the States 29 Journal of College and University Law 745 (2003) The Framers split the atom of sovereignty. It was the genius of their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other. The resulting Constitution created a legal system unprecedented in form and design, establishing two orders of government, each with its own direct... 2003  
Sean M. Monahan A Tempest in the Teapot: State Sovereign Immunity and Federal Administrative Adjudications in Federal Maritime Commission v. South Carolina State Ports Authority 88 Cornell Law Review 1794 (September, 2003) Introduction. 1795 I. The Eleventh Amendment: Origins and Recent Developments. 1798 A. Historical Origins of the Eleventh Amendment. 1798 B. Judicial Expansion of State Sovereign Immunity. 1801 1. Hans v. Louisiana. 1801 2. Seminole Tribe v. Florida & Alden v. Maine. 1802 II. Case Discussion: Federal Maritime Commission v. South Carolina State... 2003  
Larry J. Pittman A Thirteenth Amendment Challenge to Both Racial Disparities in Medical Treatments and Improper Physicians' Informed Consent Disclosures 48 Saint Louis University Law Journal 131 (Fall 2003) On September 11, 2001, supporters of Osama Bin Laden and his terrorist organization hijacked four domestic airplanes, flying two of them into the World Trade Center Towers in New York City, one of them into the Pentagon, and crashing the last one in rural Pennsylvania while likely en route to the White House, thereby killing approximately three... 2003  
Zachary Tomlinson Abrogation or Regulation? How Anderson v. Evans Discards the Makah's Treaty Whaling Right in the Name of Conservation Necessity 78 Washington Law Review 1101 (November, 2003) Abstract: From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires... 2003  
David Bryan Owsley Accepting the Dual Sovereignty Exception to Double Jeopardy: a Hard Case Study 81 Washington University Law Quarterly 765 (Fall 2003) I. Introduction. 765 II. The Prosecutions of Robert Angleton. 768 III. History and Criticism. 770 A. Nineteenth Century Dual Sovereign Debate. 770 B. Modern Doctrine. 773 C. The Doctrine's Survival of Incorporation. 776 D. The Petite Policy. 779 E. Criticisms of the Doctrine and Questions Raised. 779 1. Is the Invocation of Federalism Sufficient to... 2003  
Judith Resnik , Julie Chi-hye Suk Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty 55 Stanford Law Review 1921 (May, 2003) I. Changing Sovereignty and Dignity. 1921 II. The Idea, the Politics, and the Developing Law of Dignity. 1929 III. Bringing the Term Dignity into United States Supreme Court Law. 1933 A. Dignity and the Bill of Rights. 1934 B. Dignity and the Functional Capacity of Institutions. 1941 C. Role-Dignity and Immunity from Suit. 1946 D. Protecting... 2003  
Irene P. King Are Foreign Sovereigns Entitled to Constitutional Due Process? The Ninth Circuit's Analysis of Personal Jurisdiction in Altmann v. Republic of Austria 29 North Carolina Journal of International Law and Commercial Regulation 389 (Winter 2003) Over sixty-five years after Hitler's declaration of the Anschluss, when Jews were forced to flee from their Austrian homeland, a glimmer of gold sheds light on the legacy of those who lost everything during the Nazi reign. Six gilded paintings by famed Austrian artist Gustav Klimt are the subject of suit in Altmann v. Republic of Austria (Altmann... 2003  
Steven Plitt, Valerie J. Fasolo, Daniel Maldonado Board of Trustees of the University of Alabama Vs. Garrett: Is Constitutional Authority for Sale and Is State Sovereign Immunity the Purchase Price? 13 George Mason University Civil Rights Law Journal 151 (Spring 2003) In Board of Trustees of the University of Alabama v. Garrett, the United States Supreme Court has refined and reshaped federal employment discrimination law in a direction not anticipated by the circuit courts. In the Garrett decision, the Supreme Court addressed the issue of whether Congress validly abrogated state sovereign immunity in enacting... 2003  
Mark W. Starnes Boise Cascade Corp. v. State of Oregon: Signaling the End of Sovereign Immunity as a Shield for Environmental Regulation 17 Journal of Natural Resources & Environmental Law 81 (2002-2003) Sovereign immunity has been a part of American jurisprudence since before the Constitution was enacted. The doctrine traveled across the Atlantic Ocean with the early English settlers. Deriving its origin from the English common law system and the fiction that the King can do no wrong, sovereign immunity has caused heated debate among legal... 2003  
Maki Tanaka Bridging the Gap Between Northern Ngos and Southern Sovereigns in the Trade-environment Debate: the Pursuit of Democratic Dispute Settlements in the Wto under the Rio Principles 30 Ecology Law Quarterly 113 (2003) Introduction. 115 I. Background: Why Does the Participation of Northern NGOs Through Amicus Briefs Encounter Strong Opposition from Southern Sovereigns?. 120 A. Fundamental Tensions Between Northern Environmental Values and Southern Developmental Values. 120 1. Northern Environmental Values Shaped Under Advanced Industrialism. 121 2. Southern... 2003  
Laurel S. Terry But What Will the Wto Disciplines Apply To? Distinguishing among Market Access, National Treatment and Article Vi:4 Measures When Applying the Gats to Legal Services 2003 Professional Lawyer 83 (2003) I. INTRODUCTION II. CURRENT DEVELOPMENTS IN THE WTO APPLICABLE TO LEGAL SERVICES A. The Doha Development Agenda and Track #1 Negotiations B. Track #2 Development of Any Necessary Disciplines 1. WTO Member States Agree to Conduct Voluntary Domestic Consultations 2. No Formal Domestic Consultations Have Occurred in the U.S. Regarding Legal... 2003  
Sarah C. Rispin Cooperative Federalism and Constructive Waiver of State Sovereign Immunity 70 University of Chicago Law Review 1639 (Fall 2003) In drafting cooperative federalism statutes, which rely on state government bodies to design and implement local regulation according to national standards, Congress has generally provided for private suits against state regulators to ensure that the states properly carry out the regulatory tasks they undertake on Congress's behalf. The... 2003  
Hallie Ludsin Cultural Denial: What South Africa's Treatment of Witchcraft Says for the Future of its Customary Law 21 Berkeley Journal of International Law 62 (2003) I. Introduction. 63 II. Legal Pluralism In South Africa. 65 A. What is Legal Pluralism?. 65 B. Legal Pluralism in South Africa. 65 1. The Development of Legal Pluralism. 65 2. Legal Pluralism Today. 68 C. Customary Law. 70 III. Witchcraft. 73 A. The Belief in Witchcraft. 73 1. Philosophy of Witchcraft. 73 2. Witches and Their Powers. 76 3. Smelling... 2003  
Kelly M. Wittner Curbing Child-trafficking in Intercountry Adoptions: Will International Treaties and Adoption Moratoriums Accomplish the Job in Cambodia? 12 Pacific Rim Law & Policy Journal 595 (March, 2003) Abstract:Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized baby-trafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for... 2003  
Derek van Hoften Declaring War on the Japanese Constitution: Japan's Right to Military Sovereignty and the United States' Right to Military Presence in Japan 26 Hastings International and Comparative Law Review 289 (Winter 2003) On November 25, 2001, two Japanese naval ships left Yokosuka headed for the Indian Ocean. The forces had been sent to provide logistical support to the international war in Afghanistan, a response to the September 11 terrorist attacks on the United States. In the process, however, this seemingly innocuous event resurrected a pressing legal issue... 2003  
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