AuthorTitleCitationSummaryYearKey Terms
Damien M. Schiff Rollin', Rollin', Rollin' on the River: a Story of Drought, Treaty Interpretation, and Other Rio Grande Problems 14 Indiana International & Comparative Law Review 117 (2003) Colonel Edward Hatch, Commander of the U.S. Ninth Cavalry, in his report to Congress detailing the actions he and his troops took to put down a disturbance that took place in late December of 1877 in the town of El Paso, Texas, over the attempted private appropriation of what theretofore had been public salt ponds, made the following observation:... 2003  
Sanjay Sanghvi Ruling Settles Law in India on Protocols and Treaty Interpretation 14 Journal of International Taxation 24 (May, 2003) The Appellate Tribunal's ruling on technical service fees adopts a position that is the accepted norm internationally: the benefit of the lower rate for, or the restricted scope of, fees for technical services under a tax treaty does not depend on any further action by the respective governments. Ever since the opening up of the Indian economy... 2003  
Lorie Graham Securing Economic Sovereignty Through Agreement 37 New England Law Review 523 (Spring 2003) Economic development is one of the most important issues facing Indian nations today. Politically, it speaks to a tribe's fundamental right to development, which is closely linked to its right of self-determination. Socio-economically, it is the means by which a tribe seeks to confront the enduring consequences of poverty. Culturally, it offers a... 2003  
Harvey Gee Semblances of Sovereignty: the Constitution, the State, and American Citizenship, T. Alexander Aleinikoff, Harvard University Press, 2002. Pp. 223. 16 Saint Thomas Law Review 147 (Fall 2003) A major contribution to the contemporary thinking about immigration, citizenship, and assimilation is offered by Georgetown Law Center Law Professor T. Alexander Aleinikoff in his recent volume, Semblances of Sovereignty: The Constitution, the State, and American Citizenship. The book helps to advance the immigration debate and define what it means... 2003  
Victor Nnamdi Opara Sovereign & Diplomatic Immunity as Customary International Law: Beyond R. v. Bow Street Metropolitan Stipendiary Magistrate & Others, ex Parte Pinochet Ugarte 21 Wisconsin International Law Journal 255 (Spring 2003) [I]t will be the first time, so far as counsel have discovered, when a local domestic court has refused immunity to a head of state or former head of state on the grounds that there can be no immunity against prosecution for certain international crimes. For the first time in the history of the world, a local domestic court denied immunity to a... 2003  
Jason Lane, Robert M. Hendrickson, and M. Christopher Brown Sovereign Immunity and Public Education 182 West's Education Law Reporter Rep. 7 (12/18/2003) While often perceived as abstract and sometimes archaic, the idea of sovereign immunity (i.e. the idea that a government as a sovereign has no legal superior) is one of the key principles that dictate government regulation of educational institutions. By not explicitly indicating education as a national responsibility, the framers of the U.S.... 2003  
Hillina Taddesse Tamrat Sovereign Immunity under the Eleventh Amendment: Kimel and Garrett, What next for State Employees? 11 Elder Law Journal 171 (2003) The Eleventh Amendment guarantees the states immunity from suits by private individuals in federal court. Congress can abrogate this sovereign immunity by using its enforcement powers under the Fourteenth Amendment, but in recent years the Supreme Court has placed significant limitations upon exercises of this authority, first in Kimel v. Florida... 2003  
Charles R. Walsh, Jr. Sovereign Ownership of Private Property in the Name of Preservation: a Contradiction in Terms and of the Constitution 19 New York Law School Journal of Human Rights 529 (2003) While metal detecting in his back yard in Demopolis, Alabama, Eric Sherman found a gold watch from the Civil War era. Excited about the find, Eric showed the gold watch to some of his friends and neighbors. A week later, the police knocked on his door, arrested Eric and confiscated the watch. Eric had violated an Alabama statute that grants the... 2003  
Charles R. Walsh, Jr. Sovereign Ownership of Private Property in the Name of Preservation: a Contradiction in Terms and of the Constitution 22 New York Law School Journal of International and Comparative Law 529 (2003) While metal detecting in his back yard in Demopolis, Alabama, Eric Sherman found a gold watch from the Civil War era. Excited about the find, Eric showed the gold watch to some of his friends and neighbors. A week later, the police knocked on his door, arrested Eric and confiscated the watch. Eric had violated an Alabama statute that grants the... 2003  
Charles R. Walsh, Jr. Sovereign Ownership of Private Property in the Name of Preservation: a Contradiction in Terms and of the Constitution 46 New York Law School Law Review 899 (2002-2003) While metal detecting in his back yard in Demopolis, Alabama, Eric Sherman found a gold watch from the Civil War era. Excited about the find, Eric showed the gold watch to some of his friends and neighbors. A week later, the police knocked on his door, arrested Eric and confiscated the watch. Eric had violated an Alabama statute that grants the... 2003  
Thomas A. Telesca Sovereignty or the Precautionary Principle: Which Will Save Our Fish? 12 Southeastern Environmental Law Journal 23 (Fall, 2003) The world's fisheries present a classic case of the tragedy of the commons, a phenomenon that occurs whenever a resource, such as clean air or a high seas fishery, is owned by none, but utilized by all, thereby precluding market forces from accurately reflecting scarcity and environmental degradation. The commons problem in regard to fisheries is... 2003  
David D. Caron, David A. Colson , LeBoeuf, Lamb, Greene & MacRae, LLP, Washington, D.C. Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/malaysia). 97 American Journal of International Law 398 (April, 2003) Title to territoryinterpretation of colonial treatiesassessment of effectivités On December 17, 2002, the International Court of Justice (ICJ) rendered its decision in Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia). The case was brought by Special Agreement filed with the Court on November 2, 1998. Article 2 of the Special... 2003  
Michael J. Cetra State Sovereign Immunity, as Recognized and Extended Through the Eleventh Amendment of the Constitution of the United States, Bars Administrative Commissions from Adjudicating Private Complaints Against a State Agency That Has Not Consented to Being Subje 41 Duquesne Law Review 795 (Summer 2003) Constitutional Law--Eleventh Amendment - State Sovereign Immunity - Administrative Proceedings - The Supreme Court of the United States held that state sovereign immunity, as understood and extended through the Eleventh Amendment of the Constitution of the United States, bars the Federal Maritime Commission, and similar administrative bodies, from... 2003  
Peter W. Salsich, Jr. Suing and Defending Cities for Federal Constitutional Violations: a Treatise for City Attorneys and Public Interest Litigators M. David Gelfand Lexis Publishing, New York, New York; Third Edition, 2001; Loose-leaf 35 Urban Lawyer 379 (Spring, 2003) Professor David Gelfand has returned a third time to a subject dear to his heart, the extent to which the federal Constitution holds local governments and their officials responsible for decisions that harm private citizens. His one volume book, Suing and Defending Cities for Federal Constitutional Violations, has been dressed up in a loose-leaf... 2003  
Vicki C. Jackson Suing the Federal Government: Sovereignty, Immunity, and Judicial Independence 35 George Washington International Law Review 521 (2003) Sovereign immunity has become a place of contest between important values of constitutionalism. On the one hand, constitutionalism entails a commitment that government should be limited by law and accountable under law for the protection of fundamental rights; if the essence of civil liberty is that the law provide remedies for violations of... 2003  
Abigail Hing Wen Suing the Sovereign's Servant: the Implications of Privatization for the Scope of Foreign Sovereign Immunities 103 Columbia Law Review 1538 (October, 2003) In light of the global trend of states' privatization of traditionally public functions, the question arises whether private entities performing sovereign functions for foreign states should be extended the immunity of their sovereign employers. This Note argues that under the current state of the law, immunity should not be extended to such... 2003  
Gabriel J. Chin Syllabus: Asian Pacific Americans and the Law 10 Asian Law Journal 115 (May, 2003) For background: Ronald T. Takaki, Strangers From a Different Shore 3-18 (1989). Report to the Governor, Senate and House of Representatives of the State of Wyoming Recommending Repeal of the Racially Discriminatory Alien Land Law, 1-15 (2000). Gabriel J. Chin, The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. 151, 151-57 (1996)... 2003  
William E. Thro That Those Limits May Not Be Forgotten: an Explanation of Dual Sovereignty 12 Widener Law Journal 567 (2003) [T]hat those limits may not be mistaken or forgotten, the constitution is written. Chief Justice John Marshall, Marbury v. Madison Judicial Review is the power to nullify the results of the democratic process. The elected members of Congress, thinking that they are acting in accordance with the Constitution, pass a law that has the overwhelming... 2003  
Dr. John Temple Lang The Commission: the Key to the Constitutional Treaty for Europe 26 Fordham International Law Journal 1598 (June, 2003) It would be irrational, and contradictory, to suppose that things that have never yet been done could be done, except by means not yet tried. The human understanding more easily invents new things than new words. There is nothing more difficult to handle, more doubtful of success, and more dangerous to carry through than initiating changes in... 2003  
Ayelet Ben-Ezer , Ariel L. Bendor The Constitution and Conflict-of-laws Treaties: Upgrading the International Comity 29 North Carolina Journal of International Law and Commercial Regulation Reg. 1 (Fall 2003) In the United States, like other federations, the Constitution's relationship to the conflict-of-laws in the internal state context has been debated intensively. On the other hand, to date, little attention has been paid to the constitutional conflicts arising from international conflict-of-laws. More specifically, there has been little discussion... 2003  
Barbi Appelquist The European Union v. the North Atlantic Treaty Organization: Estonia's Conflicting Interests as a Party to the International Criminal Court 27 Hastings International and Comparative Law Review 77 (Fall 2003) Estonia, the United States and all current members of the European Union have signed the United Nations Declaration of Human Rights. This body of public international law protects the following human rights of alleged criminals: the protection against arbitrary arrest, detention, or invasions of privacy; a presumption of innocence; and a promise... 2003  
  The Extent of a State's Waiver of Sovereign Immunity by Filing a Proof of Claim 23 Bankruptcy Law Letter Letter 1 (9/1/2003) The courts continue to grapple with the full implications of state sovereign immunity in bankruptcy in the wake of the Supreme Court's decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S. Ct. 1114 (1996) (Norton Bankruptcy Law and Practice (2d ed.) §§ 14:1, 14:2, 14:16, 4:58, 4:59, 4:62, 52:13, 157:7; Bankr. Serv., L Ed §§ 2B:40,... 2003  
Peter J. Spiro The Impossibility of Citizenship 101 Michigan Law Review 1492 (May, 2003) These are interesting times at the constitutional margins. Questions about where the Constitution takes up and leaves off are more frequently in play; one can no longer so readily assume the Constitution to supply an authoritative metric as we confront prominent cases of nonapplication. At the same time, the increasing robustness of international... 2003  
Marshall L. Wilde The Liability of Alaska Mental Health Providers for Mandated Treatment 20 Alaska Law Review 271 (December, 2003) This Article analyzes the liability of mental health professionals for services rendered to patients who are ordered by a court to undergo mental health treatment. After a brief review of relevant legal authority, this Article examines mandated treatment under the framework of quasi-judicial immunity and continues by discussing the specific duties... 2003  
Eric Ting-Lun Huang The Modern Concept of Sovereignty, Statehood and Recognition: a Case Study of Taiwan 16 New York International Law Review 99 (Winter, 2003) In the past, contact between governments was essentially political. However, in today's world, multilateral contacts and intergovernmental organizations provide channels involving matters such as commercial, economic, humanitarian, trade, cultural and environmental-protection issues that have increased the cooperative machinery in our world... 2003  
Carrie M. Bowden The Need for Comity: a Proposal for Federal Court Review of Suppression Issues in the Dual Sovereignty Context after the Antiterrorism and Effective Death Penalty Act of 1996 60 Washington and Lee Law Review 185 (Winter, 2003) I. L2-5,T5Introduction 186 II. L2-5,T5The Dual Sovereignty Doctrine 190 A. L3-5,T5The Historical Development of the Doctrine 190 B. L3-5,T5Modern Development of the Doctrine 192 C. L3-5,T5Rationale and Criticism of the Doctrine 194 III. L2-5,T5The Dual Sovereignty Doctrine and Suppression Rulings 198 A. L3-5,T5State Versus Federal Exclusionary... 2003  
David Golove The New Confederalism: Treaty Delegations of Legislative, Executive, and Judicial Authority 55 Stanford Law Review 1697 (May, 2003) Introduction. 1697 I. Delegations, Popular Sovereignty, and Confederations. 1702 A. Federal Theory Before the Founding. 17036 B. Congress Is Not a Legislative Assembly, nor a Representative Assembly, but Only a Diplomatic Assembly . 1706 C. The People Have No Right to Enter into Leagues, Alliances, or Confederations . . . . States and Foreign... 2003  
David N. Cinotti The New Isolationism: Non-self-execution Declarations and Treaties as the Supreme Law of the Land 91 Georgetown Law Journal 1277 (August, 2003) In December 1966, the International Covenant on Civil and Political Rights (ICCPR) was opened for signature; 151 countries are now parties to this treaty, the most comprehensive international expression of civil rights ever articulated. Although the ideals embodied in the ICCPR are derived from U.S. roots, it took twenty-six years for the United... 2003  
Thomas O. Sargentich The Rehnquist Court and State Sovereignty: Limitations of the New Federalism 12 Widener Law Journal 459 (2003) During the past decade, a bare majority of the Rehnquist Court has invalidated numerous national laws in the name of state sovereignty. As a group, these decisions reflect striking judicial activism directed at shrinking the dimensions of federal legislative power. The five-member majoritycomprised of Chief Justice Rehnquist and Associate Justices... 2003  
Jeremy I. Levitt The Responsibility to Protect: a Beaver Without a Dam? 25 Michigan Journal of International Law 153 (Fall 2003) The beaver's dam is comparable to protective intervention for at-risk populations. Beavers need dams to enlarge the underwater habitat that will be open to them in winter, by creating a pond deep enough so that the bottom will not freeze. Humanitarian corridors and safe havens serve parallel functions for displaced civilians during times of... 2003  
Frederick J. Kenney, Jr. , Vasilios Tasikas The Tampa Incident: Imo Perspectives and Responses on the Treatment of Persons Rescued at Sea 12 Pacific Rim Law & Policy Journal 143 (January, 2003) Abstract: The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modern formalization of this duty in international law, however, has created a division between the duty to provide assistance and the obligation to rescue. This division has created ambiguity and friction as the former duty... 2003  
Gregory C. Sisk The Tapestry Unravels: Statutory Waivers of Sovereign Immunity and Money Claims Against the United States 71 George Washington Law Review 602 (September/October, 2003) Introduction. 602 I. Weaving the Tapestry of Waivers of Sovereign Immunity. 606 A. The Origins of the Court of Federal Claims and the Tucker Act. 606 B. A Primer on Tucker Act Jurisprudence. 611 C. The Administrative Procedure Act and Sovereign Immunity. 615 II. The Tapestry is Unraveled: Bowen v. Massachusetts. 618 III. The Tear in the Fabric... 2003  
Todd Weiler The Treatment of Sps Measures under Nafta Chapter 11: Preliminary Answers to an Open-ended Question 26 Boston College International and Comparative Law Review 229 (Spring, 2003) Abstract: NAFTA Chapter 11 permits eligible foreign investors to use binding international arbitration to seek compensation for the harmful economic impacts of most regulatory measures. This mechanism effectively provides a second avenue of redress for individuals affected by risk regulation, in addition to any remedies that may be available to... 2003  
Matthew D. Taggart Title Ii of the Americans with Disabilities Act after Garrett: Defective Abrogation of Sovereign Immunity and its Remedial Impact 91 California Law Review 827 (May, 2003) Introduction. 829 I Title II, Equal Protection, and the Doctrine of State Sovereign Immunity. 836 A. Title II of the Americans with Disabilities Act. 836 B. The Source of Congressional Authority to Enact Antidiscrimination Laws: The Equal Protection Clause and Section 5 Enforcement Powers. 839 C. The Rehnquist Court's Use of State Sovereign... 2003  
  Too Sovereign but Not Sovereign Enough: Are U.s. States Beyond the Reach of the Law of Nations? 116 Harvard Law Review 2654 (June, 2003) In June of 2001, the International Court of Justice (ICJ) ruled that governmental authorities in a signatory nation of the 1963 Vienna Convention on Consular Relations had fail[ed] . . . to comply with their obligation to provide consular access to detained foreign nationals, and had failed to take all the steps they could have taken to give... 2003  
Ryan Goodman , Derek Jinks Toward an Institutional Theory of Sovereignty 55 Stanford Law Review 1749 (May, 2003) Introduction. 1750 I. The Model: World Polity Institutionalism and the State. 1753 A. Understanding Social Organization: Sociological Institutionalism. 1754 B. Understanding the State as a Social Organization: An Introduction to the World Polity. 1757 C. The Production and Legitimation of States in the World Polity. 1758 1. Organizational... 2003  
Eric E. Bowman Trademark Distinctiveness in a Multilingual Context: Harmonization of the Treatment of Marks in the European Union and the United States 4 San Diego International Law Journal 513 (2003) I. Introduction. 514 II. The Community Trade Mark. 515 III. Grounds for Refusal of Community Trade Mark Registration. 516 IV. Linguistic Aspects of Community Trade Mark Examination. 519 V. Community Trade Mark Law Applied. 519 VI. Registration of Trademarks in the United States. 520 VII. Foreign Language Marks Under the Trademark Act. 521 VIII.... 2003  
Peter J. Spiro Treaties, International Law, and Constitutional Rights 55 Stanford Law Review 1999 (May, 2003) Introduction. 1999 I. Constitutional Hegemony in Historical Perspective. 2002 A. The Doctrine of Constitutional Hegemony. 2002 B. Overriding Rights, Quietly. 2007 C. Hegemony Entrenched. 2012 II. Questioning Hegemony. 2017 A. Current Practice in a National-Interests Perspective. 2018 B. Redefining Constitutional Community Upwards. 2021 C.... 2003  
Rodney K. Smith Treating Others as Our Own: Professor Levinson, Friendship, Religion, and the Public Square 38 Tulsa Law Review 731 (Summer 2003) As to matters of religion in the public square, Professor Sanford Levinson (Sandy) refers to himself as a secular[] accommodationist. In this self-description, Sandy adopts Professor Emily Hartigan's definition of secular accommodationist: one who asks for the public to embrace the previously personalized religious sphere, but does not... 2003  
O. Yale Lewis III Treaty Fishing Rights: a Habitat Right as Part of the Trinity of Rights Implied by the Fishing Clause of the Stevens Treaties 27 American Indian Law Review 281 (2002-2003) Abstract: The fishing right guaranteed by the fishing clause of the Stevens Treaties between the United States and the Indians of Western Washington should be considered a trinity of rights: a right of access, a right of equitable apportionment, and a habitat right. While seven different Supreme Court decisions and scores of lower court decisions... 2003  
John W. Ragsdale, Jr. Treaty-based Exclusions from the Boundaries and Jurisdiction of the States 71 UMKC Law Review 763 (Summer 2003) The Johnson County, Kansas codes officer, charged with the personal service of citations for the unlawful sale of fireworks on Shawnee Reserve 206, probably should have mailed them, as had been done in the past. On the other hand, Jim Oyler, Jr., who was fortunate to escape prosecution after pushing an official around and breaking his cell phone a... 2003  
Catherine T. Struve Turf Struggles: Land, Sovereignty, and Sovereign Immunity 37 New England Law Review 571 (Spring 2003) As the discussion today illustrates, land is central to tribal sovereignty. For a tribe that lost possession of some or all of its lands in prior years, land claims can form a key part of the strategy to reassert that sovereignty. For many of those tribes, claims against state governmental entities play a central role in obtaining effective... 2003  
Catherine T. Struve Turf Struggles: Land, Sovereignty, and Sovereign Immunity 37 New England Law Review 571 (Spring 2003) As the discussion today illustrates, land is central to tribal sovereignty. For a tribe that lost possession of some or all of its lands in prior years, land claims can form a key part of the strategy to reassert that sovereignty. For many of those tribes, claims against state governmental entities play a central role in obtaining effective... 2003  
Jonathan R. Siegel Waivers of State Sovereign Immunity and the Ideology of the Eleventh Amendment 52 Duke Law Journal 1167 (April, 2003) States normally enjoy immunity from suit by private parties, but they may waive this immunity. The Supreme Court's steady contraction of other exceptions to the rule of state sovereign immunity has renewed interest in the previously little-discussed possibilities of waiver. This Article explores the boundaries of waiver doctrine. This Article shows... 2003  
Kristi Stanton A Call for Co-management: Treaty Fishing Allocation in New Zealand and Western Washington 11 Pacific Rim Law & Policy Journal 745 (June, 2002) Abstract: The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately... 2002  
Thomas Rose A Delicate Balance: Extradition, Sovereignty, and Individual Rights in the United States and Canada 27 Yale Journal of International Law 193 (Winter 2002) I. Introduction. 193 II. The History of Extradition in Canada and the United States . 195 A. United States-Canada. 196 B. Substantive Requirements for Extradition. 197 C. Procedure: General. 198 D. Procedure: The United States. 199 E. Procedure: Canada. 199 III. Extradition and Developments in International Law. 200 A. Canada. 200 B. The United... 2002  
Nsongurua J. Udombana A Harmony or a Cacophony? The Music of Integration in the African Union Treaty and the New Partnership for Africa's Development 13 Indiana International & Comparative Law Review 185 (2002) We have noted, at the close of the 20th century, that of all the regions of the world, Africa is indeed the most backward in terms of development from whatever angle it is viewed and the most vulnerable as far as peace, security and stability are concerned. On July 11, 2000, the Assembly of Heads of State and Government of the Organization of... 2002  
Ann Althouse A Response to Professor Woolhandler's "Treaties, Self-execution, and the Public Law Litigation Model" 42 Virginia Journal of International Law 789 (Winter 2002) Introduction. 789 I. The Usefulness of the Term Public Law Litigation . 790 II. The Significance of Missouri v. Holland and the Nineteenth- Century Treaty Power Cases. 792 III. The Helpfulness of Multiple Doctrinal Protections Against Unwanted Legal Developments. 794 IV. The Treaty Power as a Source of New Individual Rights. 798 Conclusion. 799... 2002  
Allison M. Clifford Abortion in International Waters off the Coast of Ireland: Avoiding a Collision Between Irish Moral Sovereignty and the European Community 14 Pace International Law Review 385 (Fall 2002) I. Introduction. 386 II. Overview of Irish Abortion Law. 395 A. Abortion and the Irish Constitution Prior to the 1983 Amendment. 395 B. Abortion and the Right to Travel Prior to the 1992 Travel Amendment. 398 1. First Information Case: SPUC v. Open Door. 399 2. Second Information Case: SPUC v. Grogan. 402 3. Protocol No. 17 to the Maastricht... 2002  
Marjorie Cohn Affirmative Action and the Equality Principle in Human Rights Treaties: United States' Violation of its International Obligations 43 Virginia Journal of International Law 249 (Fall 2002) I. Introduction. 250 II. Affirmative action under the Race Convention. 251 III. Affirmative Action Under the Women's Convention. 253 IV. Affirmative Action under the International Covenant on Economic, Social and Cultural Rights. 256 V. Equality and Non-discrimination Provisions in the International Covenant on Civil and Political Rights.. 257 VI.... 2002  
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