| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| William Trapani |
Native American Sovereignty in an Age of Manifest Manners |
3 Journal of Law in Society Society 1 (Winter, 2002) |
According to a circular law with which philosophy is familiar, we will affirm that the one who is the most, most purely, or most rigorously, most essentially, Franco-Maghrebian would allow us to decipher what it is to be Franco-Maghrebian in general. We will decipher the essence of the Franco-Maghrebian from the paradigmatic example of the most... |
2002 |
Yes |
| 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 |
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| Emily J. Huitsing |
Native American Tribes to Waive Their Tribal Sovereign Immunity in Clear and Unequivocal Contracts to Arbitrate |
2002 Journal of Dispute Resolution 213 (2002) |
Native American tribes enjoy immunity from suits on contracts made on or off a reservation. A tribe is subject to suit only if it has clearly waived its immunity or Congress has expressly authorized the suit. Tribal immunity was given to the tribes on the principle that tribes are sovereigns or quasi sovereigns enjoying immunity from judicial... |
2002 |
Yes |
| R. H K Lei Lindsey |
Native Hawaiians, Legal Realities, and Politics as Usual |
24 University of Hawaii Law Review 693 (Summer, 2002) |
This land is ours, our Hawai'i. Shall we be deprived of our nationality? More than 104 years have passed since Native Hawaiians united in protest to support their nation-the Hawaiian Kingdom-and to oppose annexation to the United States. The century since has witnessed significant changes that have had a detrimental impact on the Native Hawaiian... |
2002 |
Yes |
| Amy Crafts |
Nevada v. Hicks and its Implication on American Indian Sovereignty |
34 Connecticut Law Review 1249 (Summer, 2002) |
In Oliphant v. Suquamish Indian Tribe, we held that tribes have no inherent criminal jurisdiction over non-Indians in tribal court. In light of the nearly universal understanding dating from the origins of this country's dealings with the tribes that they do not possess criminal jurisdiction over non-Indians except as permitted by treaty, and in... |
2002 |
Yes |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Sarah H. Cleveland |
Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power over Foreign Affairs |
81 Texas Law Review Rev. 1 (November, 2002) |
I. Introduction. 3 II. Sovereignty and the Constitution. 15 A. Sovereignty. 15 B. The Constitution's Scope. 17 1. Enumerated Powers-Limited Government. 19 2. Social Contract-Membership. 20 3. Territoriality. 22 III. Inherent Power Over Indian Tribes. 25 A. Indians and Sovereignty under International Law. 28 B. The Doctrine of Discovery and The... |
2002 |
Yes |
| 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 |
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| 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 |
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| 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 |
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| Robert Erickson |
Protecting Tribal Waters: the Clean Water Act Takes over Where Tribal Sovereignty Leaves off |
15 Tulane Environmental Law Journal 425 (Summer 2002) |
I. Introduction. 425 II. Tribal Sovereignty and Early Reservation Water Rights. 426 III. The Clean Water Act. 429 IV. Treating Tribes as States. 432 V. Improving and Preserving Reservation Water Quality. 437 VI. Conclusion. 442 |
2002 |
Yes |
| 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 |
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| Gavin Clarkson |
Reclaiming Jurisprudential Sovereignty: a Tribal Judiciary Analysis |
50 University of Kansas Law Review 473 (April, 2002) |
For both political and economic reasons, American Indian tribes should reclaim jurisprudential sovereignty by establishing or reestablishing vibrant judiciaries, and those tribes can look to other tribal court systems as potential structural models of jurisprudence. Such reclamation is politically important since tribal courts are the primary... |
2002 |
Yes |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Francine R. Skenandore |
Revisiting Santa Clara Pueblo v. Martinez: Feminist Perspectives on Tribal Sovereignty |
17 Wisconsin Women's Law Journal 347 (Fall 2002) |
Much has been written about tribal sovereignty. If those words have any meaning at all, they must mean that a tribe can make and enforce its decisions without regard to whether an external authority considers those decisions wise. To abrogate tribal decisions, particularly in the delicate area of membership, for whatever good reasons, is to... |
2002 |
Yes |
| Jeanette Wolfley |
Rice v. Cayetano: the Supreme Court Declines to Extend Federal Indian Law Native Hawaiians Sovereign Rights |
3 Asian-Pacific Law and Policy Journal J. 6 (July, 2002) |
Good Evening. I am honored to be here with you and to participate on this panel to discuss the decision in Rice v. Cayetano. I feel privileged to share some thoughts with you about the decision as it relates to Indian Country, and its impact on Indian tribes and individual Indians. The grand scholar of federal Indian law, Felix S. Cohen, wrote in... |
2002 |
Yes |
| 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 |
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| 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 |
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| 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 |
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| 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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| Joan Fitzpatrick |
Sovereignty, Territoriality, and the Rule of Law |
25 Hastings International and Comparative Law Review 303 (Summer 2002) |
This exploration of sovereignty, territoriality, and the rule of law takes as its point of departure the November 13, 2001, Military Order issued by President George W. Bush. In the Order, the President claims power as Commander in Chief to detain indefinitely and, if he chooses, to try, by ad hoc military commissions, persons designated by him as... |
2002 |
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| Jack Druff |
State Court Sovereign Immunity: Just When Is the Emperor Armor-clad? |
24 University of Arkansas at Little Rock Law Review 255 (Winter 2002) |
Imagine yourself the State's attorney involved in highly sensitive preliminary negotiations to settle a class action lawsuit involving a politically charged topic such as school desegregation or prison reform. In the course of negotiations, the presiding judge informs you that the State may not only have waived sovereign immunity by the very act of... |
2002 |
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| Brent W. Landau |
State Employees and Sovereign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws |
39 Harvard Journal on Legislation 169 (Winter, 2002) |
Recently, the Supreme Court has interpreted the doctrine of state sovereign immunity as barring suits for damages by state employees against state employers for violations of their federal employment rights. As a result, the ability of federal employment laws to protect state employees has been greatly diminished. In this Note, Mr. Landau presents... |
2002 |
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| Richard F. Russell |
State Sovereign Immunity and the Pulse of the United States Supreme Court |
38-MAY Tennessee Bar Journal 29 (May, 2002) |
Even apart from trying its hand at effectively securing the outcome of our most recent presidential election, our current Supreme Court has repeatedly captured the attention of lawyers and non-lawyers alike. Indeed, against the backdrop of the colorful political and social climate of the last decade, many legally significant developments have... |
2002 |
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| Jessica B. Pulliam |
State Sovereign Immunity in Administrative Adjudication |
80 Texas Law Review 1179 (April, 2002) |
Recent Supreme Court decisions extending states' Eleventh Amendment immunity from suit have foreclosed many avenues for private plaintiffs seeking to enforce federal law against the states. Under the Court's state-sovereign-immunity doctrine, nonconsenting states are constitutionally protected from suit by private plaintiffs in both federal and... |
2002 |
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| Elizabeth Cook-Lynn |
Strategies |
34 Arizona State Law Journal 261 (Spring, 2002) |
Good morning. As a Dakota, one always begins by saying Nape cheuzapi. I want to shake hands with all of you and the essential question which we heard articulated so well, taku iniciapi he? Who are all of you in relation to the rest of us? That is, I guess, what we are interested in as we come here together. This has been a wonderful conference on... |
2002 |
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| Kami Lammon-Hilinski |
The American Inventors Protection Act: How Should the Courts Treat the "Substantially Identical" Requirement of the New Provisional Rights Statute? |
40 Duquesne Law Review 667 (Summer 2002) |
In November of 1999, Congress enacted the American Inventors Protection Act (AIPA) as part of the Intellectual Property and Communications Omnibus Reform Act of 1999 (Omnibus Reform Act). The AIPA institutes several important changes to the Patent Act and brings the United States' patent law into greater harmony with the rest of the... |
2002 |
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| Stephen P. Mumme |
The Case for Adding an Ecology Minute to the 1944 United States-mexico Water Treaty |
15 Tulane Environmental Law Journal 239 (Summer 2002) |
I. Introduction. 239 II. The 1944 Water Treaty and Ecological Utilization of Boundary Water: Background and Debate. 241 III. The Necessity of an Ecological Minute to the 1944 Water Treaty. 246 IV. Conclusion. 254 |
2002 |
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| Kenneth B. Nunn |
The Child as Other: Race and Differential Treatment in the Juvenile Justice System |
51 DePaul Law Review 679 (Spring 2002) |
Adolescence may be described as a period of transition from childhood to adulthood, when those yet to become adults gain greater physical and mental abilities than children, but continue to lack the wisdom and judgment possessed by mature adults. This symposium has been given the title The End of Adolescence. Many of the articles in this volume... |
2002 |
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| Mary De Ming Fan |
The Fallacy of the Sovereign Prerogative to Set De Minimis Liability Rules for Sexual Slavery |
27 Yale Journal of International Law 395 (Summer 2002) |
I. Introduction. 395 II. State-Sponsored Commodified Sexual Slavery and its Aftermath: Doctrinal Reversion. 399 A. Commodified Sexual Slavery at the Point of a Sword. 399 B. Struggle for Justice Against a Political Tide. 402 C. Turn to U.S. Court: Hwang Geum Joo and its Holding on the Commercial Activity Waiver of Foreign Sovereign Immunity. 404 1.... |
2002 |
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| April L. Cherry |
The Free Exercise Rights of Pregnant Women Who Refuse Medical Treatment |
69 Tennessee Law Review 563 (Spring, 2002) |
Pregnant women do not generally refuse to follow the treatment plans outlined by their attending physicians. Therefore, when they do refuse to submit to medical procedures that physicians deem are either beneficial to pregnant women or their fetuses, legal and ethical issues may arise. Law Professor Michelle Oberman has recently noted, At the... |
2002 |
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| William C. Scott |
The Impact of Atkinson on 'Treatment as States' Jurisdictional Determinations |
34 ABA Trends 12 (September/October, 2002) |
In Montana v. United States, 450 U.S. 544 (1981), the Supreme Court articulated the general rule that, absent delegation by federal statute or treaty, Indian tribes lack inherent authority to regulate the conduct of nontribal members. The Montana Court recognized two exceptions to that rule. First, a tribe may regulate, through taxation, licensing... |
2002 |
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| Judith Olans Brown , Wendy E. Parmet |
The Imperial Sovereign: Sovereign Immunity & the Ada |
35 University of Michigan Journal of Law Reform Reform 1 (Fall 2001/Winter 2002) |
Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett . Placing Garrett within the context of the Rehnquist Court's evolving... |
2002 |
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| Thomas E. Luebben , Cathy Nelson |
The Indian Wars: Efforts to Resolve Western Shoshone Land and Treaty Issues and to DisTribute the Indian Claims Commission Judgment Fund |
42 Natural Resources Journal 801 (Fall, 2002) |
International human rights agencies have found the United States in violation of international treaties and human rights standards by denying the Western Shoshone Nation the use of their ancestral lands. The 1863 Treaty of Ruby Valley did not cede any Western Shoshone land to the United States, nor did it purport to take or extinguish Western... |
2002 |
Yes |
| Askar Halwan Al-Enazy |
The International Boundary Treaty (Treaty of Jeddah) Concluded Between the Kingdom of Saudi Arabia and the Yemeni Republic on June 12, 2000 |
96 American Journal of International Law 161 (January, 2002) |
The long-running boundary dispute between Saudi Arabia and Yemen can be traced back to the controversial Mecca agreement signed in 1926 under which the territory of the south west Arabia Idrisi emirate, long claimed by Yemen, came under the sovereignty of the newly established state of Saudi Arabia. The ensuing dispute over the sovereignty of the... |
2002 |
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| Michael P. Van Alstine |
The Judicial Power and Treaty Delegation |
90 California Law Review 1263 (July, 2002) |
In this Essay, Professor Van Alstine addresses the power of federal courts to develop the law within the scope of a treaty. In response to an earlier essay by Professor John Yoo in this Review, Professor Van Alstine first challenges the assertion that the President has the sole constitutional power to interpret all treaties. He argues that for... |
2002 |
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| Robert B. Porter |
The Meaning of Indigenous Nation Sovereignty |
34 Arizona State Law Journal 75 (Spring, 2002) |
A lot of Indians and non-Indians, especially policymakers, lawyers, and scholars, have spent a lot of time trying to figure out what sovereignty means as it relates to the Indigenous peoples and nations of the world. Having long been a participant in this quest myself, I too, have come up with a few ideas about what the term means. As I see it, ... |
2002 |
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| Scott Dodson |
The Metes and Bounds of State Sovereign Immunity |
29 Hastings Constitutional Law Quarterly 721 (Summer 2002) |
I. Introduction. 721 II. The Development of State Sovereign Immunity. 727 III. The Boundaries of State Sovereign Immunity. 742 A. Article I. 743 B. The Original Constitution. 750 C. Amendments. 760 IV. Conclusion. 764 Sovereign immunity, the right of a sovereign to refuse to appear as a defendant in court, has been a principal topic of a recent... |
2002 |
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| Steven G. Gey |
The Myth of State Sovereignty |
63 Ohio State Law Journal 1601 (2002) |
In recent years the Supreme Court has revived the concept of state sovereignty and used this concept as the basis for fundamentally altering existing constitutional doctrine governing relations between the federal and state governments. The problem posed by the Court's recent federalism decisions is that the state-sovereignty rationale used to... |
2002 |
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