AuthorTitleCitationSummaryYearKey Terms
Andrew P. Thomson Australia-salmon and Compliance Issues Surrounding the Sps Agreement: Sovereign Acceptance and Measure Adaptation 33 Law and Policy in International Business 717 (Summer, 2002) The trading relationships of the world changed when the General Agreement on Tariffs and Trade (GATT) was merged into the Uruguay Round Final Act and the World Trade Organization (WTO) was created. With this change came several brand new treaties aimed at curtailing restrictive trade measures. One such treaty is the Agreement on the Application of... 2002  
Christina Bohannan Beyond Abrogation of Sovereign Immunity: State Waivers, Private Contracts, and Federal Incentives 77 New York University Law Review 273 (May, 2002) Few judicial decisions in recent years have captured the attention of lawmakers, practitioners, and academics more than the Supreme Court's decisions dealing with state sovereign immunity. Holding that Congress may not abrogate state sovereign immunity from federal statutory claims when acting pursuant to its Article I regulatory powers, those... 2002  
C.M. Williams Cafos: Issues and Development of New Waste Treatment Technology 10 Penn State Environmental Law Review 217 (Summer 2002) The impact of animal agriculture on the environment and health effects attributed to concentrated animal feeding operations (CAFOs) are significant issues facing the livestock industry, intensive swine production in particular. In the United States and elsewhere, researchers give considerable attention relative to procurement of objective data and... 2002  
Michael J. Kelly Can Sovereigns Be Brought to Justice? The Crime of Genocide's Evolution and the Meaning of the Milosevic Trial 76 Saint John's Law Review 257 (Spring 2002) Introduction. 260 I. Historical Context. 260 II. Conceptual Evolution of Genocide as an Internationally Recognized Crime. 264 A. Genocide and the Period of World Wars (1915-1945). 266 B. Genocide Convention Defines the Crime (1948). 281 C. Genocide and Inaction During the Cold War(1950-1990). 288 D. Genocide and Reaction After the Cold War... 2002  
Nsongurua J. Udombana Can the Leopard Change its Spots? The African Union Treaty and Human Rights 17 American University International Law Review 1177 (2002) INTRODUCTION. 1178 I. THE AU TREATY AND THE POLEMICS OF HUMAN RIGHTS. 1186 II. THE AU TREATY AND THE PRACTICE OF HUMAN RIGHTS. 1200 A. The Reserve Domain in a Dynamic World. 1200 B. The State of Human Rights in Africa. 1206 1. The State of Human Rights Before the Entry into Force of the Banjul Charter. 1207 2. The State of Human Rights After the... 2002  
Joseph Kelly Caught in the Intersection Between Public Policy and Practicality: a Survey of the Legal Treatment of Gambling-related Obligations in the United States 5 Chapman Law Review 87 (Spring 2002) This article offers a survey of the law and practice of gambling debt enforcement and recovery in the United States. Two historical sources of law influence modern gambling debt enforcement and recovery. The English common law interpretation of the Statute of Anne is the first historical source; the second tradition traces its roots to classical... 2002  
Dennis Pu'Uhonua “Bumpy” Kanahele Clandestine Manipulation Toward Genocide 34 Arizona State Law Journal 63 (Spring, 2002) Kaulana Na Pua Kaulana na pua a'o Hawai'i Famous are the children of Hawai'i Kupa'a mahope o ka aina Ever loyal to the land Hiki mai ka elele o ka loko ino When the evil-hearted messenger comes Palapala anunu me ka pakaha. With his greedy document of extortion. Pane mai Hawai'i moku o Keawe Hawai'i, land of Keawe, answers Kokua na Hono a'o... 2002  
Antony Anghie Colonialism and the Birth of International Institutions: Sovereignty, Economy, and the Mandate System of the League of Nations 34 New York University Journal of International Law & Politics 513 (Spring 2002) All sovereign states are equal. Colonies, by definition, lack sovereignty. But the transformation of colonial territories into sovereign, independent states enabled these territories, which previously had been excluded from the realm of international law, to enter the international system with all the powers and attributes of sovereignty and as... 2002  
Alisa Roberts, George Mason University School of Law Congress' Latest Attempt to Abrogate States' Sovereign Immunity Defense Against Copyright Infringement Actions: Will Ippra Help the Music Industry Combat Online Piracy on College Campuses? 12 DePaul-LCA Journal of Art and Entertainment Law 39 (Spring 2002) This article examines State's sovereign immunity from suits for damages arising out of copyright infringement, and the burden that this immunity places on the music industry and its efforts to combat music piracy on college campuses. This article also reviews the Intellectual Property Protection Restoration Act of 2001- a legislative initiative... 2002  
Michael T. Gibson Congressional Authority to Induce Waivers of State Sovereign Immunity: the Conditional Spending Power (And Beyond) 29 Hastings Constitutional Law Quarterly 439 (Spring 2002) Supporters of state sovereign immunity eventually will rue June 23, 1999. On that day, the Supreme Court's conservative justices seemingly produced three triumphs for states' rights. In Alden v. Maine, they revealed that sovereign immunity protects States from suits in federal and state courts. In Florida Prepaid Postsecondary Education Expense... 2002  
  Court Bars State's Preferential Treatment of Local Wines 12-JUN Journal of Multistate Taxation and Incentives 41 (June, 2002) ALABAMA In Henri-Duval Winery, L.L.C. v. Alabama Alcoholic Beverage Control Board, Ala. Cir. Ct., Docket No. CV-01-703-GR, 9/17/01, the Montgomery County Circuit Court held that a statute taxing out-of-state table wines at a higher rate than native table wines was discriminatory and violated the Commerce Clause of the U.S. Constitution. The... 2002  
Erwin Chemerinsky Court Continues to Focus on Sovereign Immunity 38-AUG Trial 66 (August, 2002) The Supreme Court decided four cases last term that concerned the sovereign immunity of state governments. Although the decisions continue the Court's trend of expanding immunity, they help plaintiffs seeking relief from state governments by reaffirming that state officers may be sued in federal court and that states may waive their Eleventh... 2002  
George Miron Did the Abm Treaty of 1972 Remain in Force after the Ussr Ceased to Exist in December 1991 and Did it Become a Treaty Between the United States and the Russian Federation? 17 American University International Law Review 189 (2002) I. QUESTIONS ADDRESSED BY THE MEMORANDUM. 195 II. BACKGROUND. 195 A. The Thesis That Under International Law the ABM Treaty of 1972 with the USSR Became a Treaty Between the United States and the Russian Federation. 198 1. The Position Stated by Assistant Attorney General Walter Dellinger. 198 2. The Positions of Other Commentators. 199 B. The... 2002  
Shauna Fuller Veach Dissension among the Ranks--the Courts Are at Odds over 11 U.s.c. § 106 and its Purported Abrogation of Sovereign Immunity in the Bankruptcy Code 32 University of Memphis Law Review 475 (Winter 2002) I. INTRODUCTION. 476 II. AN OVERVIEW: SOVEREIGN IMMUNITY THROUGH THE ELEVENTH AMENDMENT. 478 A. Waiver. 479 B. Abrogation. 480 III. ARE BANKRUPTCY ACTIONS SUITS IN LAW OR EQUITY AND THEREFORE SUBJECT TO THE ELEVENTH AMENDMENT?. 482 A. Bankruptcy Actions That Have Been Determined To Be Suits. 485 B. Bankruptcy Actions That Generally Are Not Suits.... 2002  
Seon J. Lee Does Mobil Oil Weaken the Sovereign Defenses of Government Breach-of-contract Claims? An Analysis of the Unmistakability Doctrine and the Sovereign Acts Doctrine 31 Public Contract Law Journal 559 (Spring, 2002) I. L2-4Introduction 559 II. L2-4Winstar Limits the Applicability of the Government's Sovereign Defenses: The Unmistakability Doctrine and the Sovereign Acts Doctrine 560 A. L3-4Winstar Decision Reduced the Effect of the Unmistakability Doctrine 561 B. L3-4Winstar Decision Narrowed the Application of the Sovereign Acts Doctrine 564 III. L2-4Overview... 2002  
Kristin Calabrese Does State Participation in Regulation under the 1996 Telecommunications Act Constitute a Waiver of Sovereign Immunity? 70 University of Cincinnati Law Review 1127 (Spring, 2002) The Eleventh Amendment to the U.S. Constitution reads: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Although the words of the Amendment only bar suits... 2002  
John Holmes End the Moratorium: the Timor Gap Treaty as a Model for the Complete Resolution of the Western Gap in the Gulf of Mexico 35 Vanderbilt Journal of Transnational Law 925 (May, 2002) The United States and Mexico recently entered into a treaty to delimit the continental shelf in the Gulf of Mexico, allowing both countries access to explore and exploit valuable natural resources in the Western Gulf. Included in the treaty is a ten-year moratorium on oil production within a buffer zone that encompasses transboundary reserves. This... 2002  
Himanshu Vyas Federal Intellectual Property Law v. State Sovereignty: Can Congress Win? 2 John Marshall Review of Intellectual Property Law 159 (Fall, 2002) You have finally done it! After years of research, modification and perfection, you have created the Widget. This Widget is what everyone wants. To protect your creation you have filed a patent application and you will register your Widget trademark. Two years later, you have accumulated all of the investments you need. Your patented Widget just... 2002  
Stacey Allen Carroll Federal Preemption of State Products Liability Claims: Adding Clarity and Respect for State Sovereignty to the Analysis of Federal Preemption Defenses 36 Georgia Law Review 797 (Spring, 2002) The interplay between the power of the federal government and state sovereignty was a controversial issue during the first Constitutional Convention, and the debate surrounding the proper balance between state and federal powers rages on today. Article VI of the Constitution provides that the laws of the United States shall be the supreme Law of... 2002  
Daniel Riess Federal Sovereign Immunity and Compensatory Contempt 80 Texas Law Review 1487 (May, 2002) No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. But the broader reason [for sovereign immunity] is, that it would be inconsistent with the very idea of... 2002  
Jack Trachtenberg Federalism, Popular Sovereignty, and the Individual Right to Keep and Bear Arms: a Structural Alternative Tounited States v. Emerson 50 Buffalo Law Review 445 (Winter 2002) Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the rights of which they are in actual possession, than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors. -- James Madison Debate on guns, gun control, and the Second Amendment is... 2002  
Jamie Cameron Federalism, Treaties and International Human Rights under the Canadian Constitution 48 Wayne Law Review Rev. 1 (Spring, 2002) Early last year, Canada chided Nigeria for publicly flogging a teenage mother under the sharia, the Islamic code of law that governs in the state of Zamfara. President Obasanjo's rejoinder to Canada's interference in Nigerian matters was non-confrontational but firm: We have a federal system. You come from a federal system of government. Why can't... 2002  
Rebecca E. Zietlow Federalism's Paradox: the Spending Power and Waiver of Sovereign Immunity 37 Wake Forest Law Review 141 (Spring 2002) The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. I. Recent Rulings on Congressional Power. 147 A. The Commerce Clause. 148 B. Section 5 of the Fourteenth Amendment. 151 C. State Sovereignty Based Limits on Congressional Power. 157 1. States'... 2002  
Koren L. Bell From Laggard to Leader: Canadian Lessons on a Role for U.s. States in Making and Implementing Human Rights Treaties 5 Yale Human Rights and Development Law Journal 255 (2002) Human rights treaty-making and implementation pose special challenges for federal states. The unique quality of human rights--inherent, universal, urgent, and compelling--and the existence of entrenched domestic rights-protecting instruments give rise to complexities that distinguish these treaties from their international counterparts. Of... 2002  
David M. Turoff Illegal Aliens: Can Monetary Damages Be Recovered from Countries of Origin under an Exception to the Foreign Sovereign Immunities Act? 28 Brooklyn Journal of International Law 179 (2002) For many years the United States (U.S.) has struggled with the high costs of illegal immigration, mounting to $5.4 billion in public assistance alone in 1990, according to one study. In response the federal government has restricted social service and health care benefits paid to illegal aliens. Affected states, including Arizona, California,... 2002  
Bernard H. Oxman, Glen Plant, Barrister of the Inner Temple International Decisions 96 American Journal of International Law 198 (January, 2002) Maritime Delimitation and Territorial Questions Between Qatar and Bahrain (Qatar v. Bahrain). Judgment. International Court of Justice, March 16, 2001. On March 16, 2001, the International Court of Justice (ICJ) finally decided the merits of Maritime Delimitation and Territorial Questions Between Qatar and Bahrain... 2002  
Rebecca Tsosie Introduction: Symposium on Cultural Sovereignty 34 Arizona State Law Journal L.J. 1 (Spring, 2002) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) Sovereignty is a vital concept to Native people. As Coeur d'Alene tribal leader David Matheson observes, [t]ribal sovereignty is more than a legal doctrine, it is our existence and our continued survival.... 2002  
  Justice by Gender: the Lack of Appropriate Prevention, Diversion and Treatment Alternatives for Girls in the Justice System 9 William and Mary Journal of Women and the Law 73 (Fall, 2002) The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the policy of the American Bar Association. I am pleased to issue Justice by Gender: The Lack of Appropriate Prevention, Diversion and Treatment Alternatives... 2002  
Jonathan Michael Berger Litigation Strategies to Gain Access to Treatment for Hiv/aids: the Case of South Africa's Treatment Action Campaign 20 Wisconsin International Law Journal 595 (Summer, 2002) With an estimated 4.7 millionor approximately one-in-ninepeople living with HIV/AIDS, South Africa is in crisis. While difficult to quantify the degree to which the epidemic will have an impact on South Africa, it is generally accepted that it will result in a significant rise in morbidity and mortality, that an increase in illness and death will... 2002  
Thomas H. Lee Making Sense of the Eleventh Amendment: International Law and State Sovereignty 96 Northwestern University Law Review 1027 (Spring 2002) The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Eleventh Amendment to the Constitution of the United States of America For some time, no one has argued that... 2002  
Melanie Reed Native American Sovereignty Meets a Bend in the Road: Difficulties in Nevada v. Hicks 2002 Brigham Young University Law Review 137 (2002) The path the Supreme Court has forged with regard to tribal sovereignty has meandered through a variety of landscapes with little predictability. The Court finally established a guiding light for determining tribal jurisdiction in the 1980s through the seminal case, Montana v. United States, but since that time has taken several turns in the road.... 2002  
Brent R. Walters Nonprofits Are Corporations Too: Now It's Time for Iowa to Treat Them That Way 28 Journal of Corporation Law 179 (Fall 2002) I. Introduction. 179 II. Background. 181 A. Important Historical Role of Nonprofit Corporations. 181 B. Strength of the Nonprofit Sector. 182 C. State of Current Nonprofit Law. 183 1. The Revised Model Nonprofit Corporation Act. 184 2. The Iowa Nonprofit Corporation Act. 185 III. Analysis: Significant Differences Between the Various Nonprofit... 2002  
David Sloss Non-self-executing Treaties: Exposing a Constitutional Fallacy 36 U.C. Davis Law Review Rev. 1 (November, 2002) Introduction. 3 I. The Intent Thesis. 8 A. Two Key Concepts. 9 1. The Relationship Between Domestic and International Law. 9 2. Primary Law and Remedial Law. 10 B. The Four Versions of the Intent Thesis. 12 II. The Foster Doctrine. 19 A. Foster and the Nineteenth Century Concept of Executory Treaty Provisions. 19 1. Foster and Percheman. 19 2.... 2002  
Gavin Clarkson Not Because They Are Brown, but Because of Ea : Why the Good Guys Lost in Rice v. Cayetano, and Why They Didn't Have to Lose 7 Michigan Journal of Race and Law 317 (Spring 2002) Introduction. 317 I. Contextual Perspective on Relevant History. 319 A. Pre-Contact. 320 B. Treaty Making and Removal (1789-1871). 320 C. Allotment and Assimilation (1871-1928). 325 D. The Period of Indian Reorganization (1928-1945). 329 E. The Termination Period (1945-1961). 331 F. The Era of Self Determination (1961-present). 331 II. The Case of... 2002  
Ralph Brubaker Of State Sovereign Immunity and Prospective Remedies: the Bankruptcy Discharge as Statutory ex Parte Young Relief 76 American Bankruptcy Law Journal 461 (Fall, 2002) I can see no justification . for . state encroachment upon immunities granted by discharge in federal bankruptcy proceedings .. I cannot agree with a decision which leaves the States free . to impair such an important and historic policy of this Nation as is embodied in its bankruptcy laws. Justice Black in dissent in Kesler v. Department of Public... 2002  
J.M. Spectar Patent Necessity: Intellectual Property Dilemmas in the Biotech Domain & Treatment Equity for Developing Countries 24 Houston Journal of International Law 227 (Winter, 2002) I. L2-4,T4Introduction 228 II. L2-4,T4North-South Debate over Intellectual Property Rights 230 A. L3-4,T4Introduction to Biotechnology 230. B. L3-4,T4Intellectual Property & Multilateral Trade Regimes 232. C. L3-4,T4The View from the South: One Person's Biotech, Another's Biopiracy 236. D. L3-4,T4The Case of Plant Genetic Resources 242. E.... 2002  
CARLOS E. GONZÁLEZ Popular Sovereign Generated Versus Government Institution Generated Constitutional Norms: When Does a Constitutional Amendment Not Amend the Constitution? 80 Washington University Law Quarterly 127 (Spring 2002) I. Introduction. 128 II. First Steps: Reviewing the Meta-Norms Governing Irreconcilably Conflicting Legal Norms. 136 A. An Ordering of Different Kinds of Legal Norms. 141 B. The Categoric and Chronologic Axioms. 144 C. The Presupposed Yet Invisible Nature of the Ordering and Twin Axioms. 149 D. The Two Additional Axiomatic Meta-Norms Behind the... 2002  
Elena Vournas Prefecture of Voiotia v. Federal Republic of Germany: Sovereign Immunity and the Exception for Jus Cogens Violations 21 New York Law School Journal of International and Comparative Law 629 (2002) Since the end of World War II, the Federal Republic of Germany has paid approximately $60 billion in reparations to the victims of Nazi persecution. Despite this staggering amount, there are victims of the Hitler war machine who have yet to be compensated. With the recent agreement to establish a $5.1 billion fund to compensate survivors of slave... 2002  
David C. Scott Presidential Power to "Un-sign" Treaties 69 University of Chicago Law Review 1447 (Summer 2002) Recently, President Bush expressed the desire to escape permanently from the Comprehensive Test Ban Treaty (CTBT), an international agreement prohibiting all testing of nuclear weapons. The President wanted to withdraw the treaty from the Senate but the State Department's legal office advised that a president lacks the power to proceed... 2002  
Christopher P. Mooradian Protecting "Sovereign Rights": the Case for Increased Coastal State Jurisdiction over Vessel-source Pollution in the Exclusive Economic Zone 82 Boston University Law Review 767 (June, 2002) Introduction. 768 I. Background. 771 A. Operational Discharges: A Continuing Source of Vessel-Source Pollution and Regulation. 771 B. Maritime-Coastal State Jurisdiction: Inherent Conflict Between Users and Non-Users. 773 C. The Existing International Legal Regime Regulating Vessel-Source Pollution. 776 II. Theoretical Bases for Increased Coastal... 2002  
Catherine T. Struve, R. Polk Wagner Realspace Sovereigns in Cyberspace: Problems with the Anticybersquatting Consumer Protection Act 17 Berkeley Technology Law Journal 989 (Summer 2002) This Article seeks to fill a critical gap in the current literature relating to the international ordering of cyberspace: the link between jurisdictional assertions by realspace sovereigns and their effects on the global effort to administer the Internet. We analyze the United States' response to disputes over domain names, the Anticybersquatting... 2002  
Jackie S. Levinson, Andrew D. Schifrin Regulatory and Tax Treatment of Electric Interconnection Facilities 23 Energy Law Journal 459 (2002) Over the last twenty-five years, the electric power industry has been transformed from one that favored vertically-integrated monopolies to one that now generally endorses competitive generation supply. The evolution of the industry has created new suppliers of power and new forms of grid ownership and governance. One of the issues generators have... 2002  
Mark D. Shaffer Reining in the Rehnquist Court's Expansion of State Sovereign Immunity: a Market Participant Exception 23 Whittier Law Review 1011 (Summer 2002) Imagine a gubernatorial race. One candidate is a bright young entrepreneur running on a platform that he promises will bring economic prosperity to his chronically depressed state. The plan: To manufacture Nike shoes in state-owned factories and sell them for less than what Nike charges. This is possible, he promises, because the state will pay no... 2002  
John C. Yoo Rejoinder 90 California Law Review 1305 (July, 2002) In an earlier Essay published in this Review, Politics as Law?: The Anti-Ballistic Missile Treaty, the Separation of Powers, and Treaty Interpretation (Politics as Law), I examined the principles that govern the interpretation of treaties. The issue had last received intense academic and political attention in the 1980s, when President Ronald... 2002  
Ivan Simonovic Relative Sovereignty of the Twenty First Century 25 Hastings International and Comparative Law Review 371 (Summer 2002) The concept of state sovereignty, originally developed in constitutional law to define supreme authority and distribution of power within a state, has more recently been introduced into the area of international law to define the position and prerogatives of states in international relations. Therefore, for analytical purposes it is useful to... 2002  
Anthony (T.J.) F. Quan Respeta I Taotao Tano : the Recognition and Establishment of the Self-determination and Sovereign Rights of the Indigenous Chamorros of Guam under International, Federal, and Local Law 3 Asian-Pacific Law and Policy Journal J. 3 (Winter 2002) A. The History of Guam and the Chamorros 1. Arrival of the Ancient Chamorros and Establishment of Culture and Society 2. The Spanish Conquest and Colonial Period 3. The 19th to 20th Centuries: Guam as a U.S. Territory, the Japanese Insurgence, and Its New Social, Political, and Economic Makeup 4. The Chamorro Community, Culture, Heritage, and... 2002  
Nick Daum Section 1983, Statutes, and Sovereign Immunity 112 Yale Law Journal 353 (November, 2002) This Comment argues that a significant, but unnoticed, way around state sovereign immunity has become available under current law. Although sovereign immunity now generally prohibits actions against states for violations of the Americans with Disabilities Act (ADA), a plaintiff should be able to use 42 U.S.C. § 1983 to seek damages from state... 2002  
Susan Randall Sovereign Immunity and the Uses of History 81 Nebraska Law Review Rev. 1 (2002) I. Introduction. 2 II. The Supreme Court's Historical Account. 8 III. Sovereign Immunity and Founding Generation. 15 A. The Constitutional Convention's Deliberations. 15 1. The Proposals. 15 2. The Supreme Court and the Federal Judiciary. 18 3. Federal Oversight of State Law. 20 4. Article III. 22 5. Conclusion. 26 B. Sovereign Immunity in... 2002  
Caleb Nelson Sovereign Immunity as a Doctrine of Personal Jurisdiction 115 Harvard Law Review 1559 (April, 2002) Introduction. 1561 I. The Founders' Framework for Sovereign Immunity. 1567 A. Personal Jurisdiction and the Importance of Commanding DefendantsTo Appear. 1568 1. The English Background. 1568 2. The Bottom Line in America. 1573 B. States and Compulsory Process Before the Constitution. 1574 C. Did the Constitution Make States Amenable to Individuals'... 2002  
Cecily Fuhr Sovereign Impunity: the 'Uniform Laws' Theory Tries (And Fails) to Take a Bankruptcy-sized Bite out of the Eleventh Amendment 77 Washington Law Review 511 (April, 2002) Abstract: Sovereign immunity represents the principle that a state cannot be subjected to suit without its consent. In bankruptcy proceedings, it is sometimes necessary for a debtor to file an adversary proceeding against a creditor to determine the dischargeability of a debt. When the creditor is a state, the exercise of sovereign immunity by that... 2002  
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