AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Natsu Taylor Saito The Plenary Power Doctrine: Subverting Human Rights in the Name of Sovereignty 51 Catholic University Law Review 1115 (Summer, 2002) To deny any person their human rights is to challenge their very humanity. Nelson Mandela Human rights law is a subset of the system of international law that evolved in Europe over the several centuries during which European states were consolidated and reached out to lay claim to the rest of the world. Because it is a system created by states,... 2002  
Andrea Denise Botticelli The Premier of the North Atlantic Treaty's Article V: Is Article V Still a Deterrent? 26 Suffolk Transnational Law Review 51 (Winter 2002) This is the world's fight. This is civilization's fight. This is the fight of all who believe in progress and pluralism, tolerance and freedom . . . Perhaps the NATO charter reflects best the attitude of the world: An attack on one is an attack on all. The civilized world is rallying to America's side. On October 2, 2001, the North Atlantic Treaty... 2002  
John K. Setear The President's Rational Choice of a Treaty's Preratification Pathway: Article Ii, Congressional-executive Agreement, or Executive Agreement? 31 Journal of Legal Studies Stud. 5 (January, 2002) A president who chooses to seek legislative approval of a treaty risks delay, textual modification, and even outright defeat. Neither the Constitution nor Congress nor the courts constrain this choice. The president nonetheless often seeks legislative approval before ratifying a treaty, whether through the constitutionally specified process of... 2002  
Michael Sinclair The Proper Treatment of "Interpretive Choice" in Statutory Decision-making 45 New York Law School Law Review 389 (2002) Interpretive choice is the neologism introduced by Professor Adrian Vermeule for the decision a judge must make about how to apply a statute. Interpretive choice is the process by which interpreters holding various high-level theories of interpretive authority arrive at conclusions about these kinds of doctrinal questions. The problem plagues... 2002  
Herbert V. Morais The Quest for International Standards: Global Governance Vs. Sovereignty 50 University of Kansas Law Review 779 (May, 2002) In the twentieth century, for the first time in the history of the human race, most of the peoples of the world have been brought into more or less continual relations with each other. We speak without hesitation of a world economy, a world technology, world-wide communications, world organizations, world science, world literature, world... 2002  
Dennis Cusack The Sovereignty Continuum and Conflict Resolution 25 Hastings International and Comparative Law Review 297 (Summer 2002) Good morning. I'm very pleased and honored to be back at my alma mater to participate in today's symposium on the subject of changing notions of sovereignty. My path to this subject has been a little bit different than my very distinguished panelists. I have come to the subject as a human rights lawyer specializing in the problems faced by the... 2002  
Noel Cox The Treaty of Waitangi and the Relationship Between the Crown and Maori in New Zealand 28 Brooklyn Journal of International Law 123 (2002) The orthodox legitimacy of the Crown, in those countries that derive their constitutional principles from Great Britain, is the legitimacy of the inherited legal form. So long as government is conducted in accordance with the rule of law, and meets the aspirations of the majority of the population, the legitimacy of the government based on such a... 2002  
Raj Bhala Theological Categories for Special and Differential Treatment 50 University of Kansas Law Review 635 (May, 2002) There are many congregations that spoil the rich; it is good to have one congregation in the name of the poor, to spoil the poor. Mother Teresa, In the Heart of the World 58 (1997) (comments at a seminary in Bangalore) We are told, often rather loudly, by anti-globalization protestors that international trade law spoils the minority congregation... 2002  
Charles G. Hodgson There Is Help . Guidelines for the Foreign Student Trapped in the Internal Revenue - Tax Treaty Maze 2002-SPG Federal Bar Association Section of Taxation Report Rep. 6 (Spring, 2002) Each year, many foreign individuals come to the United States to study, teach, and research at American colleges and universities. They enter the U.S. as non-immigrants and generally possess F , M , J , or Q visas issued by the U.S. Immigration and Naturalization Service. The allure of the opportunities available in education brings with it the... 2002  
Rana Lehr-Lehnardt Treat Your Women Well: Comparisons and Lessons from an Imperfect Example Across the Waters 26 Southern Illinois University Law Journal 403 (Spring, 2002) A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four... 2002  
Carlos Manuel Vázquez Treaties and the Eleventh Amendment 42 Virginia Journal of International Law 713 (Winter 2002) Introduction. 713 I. Background. 716 II. Missouri v. Holland and Foreign Affairs Exceptionalism. 719 III. Treaties and State Sovereign Immunity. 724 A. The Strongest Case for Concluding that Congress May Abrogate State Sovereign Immunity Under the Treaty Power. 726 B. The Weakness of the Case for a Treaty-Based Abrogation Power. 730 IV. The... 2002  
Sabrina Safrin Treaties in Collision? The Biosafety Protocol and the World Trade Organization Agreements 96 American Journal of International Law 606 (July, 2002) On January 29, 2000, over 130 countries adopted the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Biosafety Protocol or Protocol). The Protocol establishes international procedures applicable to the transboundary movement of bioengineered living organisms (referred to in the Protocol as living modified organisms, or... 2002  
Ann Woolhandler Treaties, Self-execution, and the Public Law Litigation Model 42 Virginia Journal of International Law 757 (Winter 2002) Introduction. 757 I. Justiciability in Constitutional and Treaty Cases. 761 A. Non-Self-Execution, Standing, and Political Questions Defined. 761 B. The Private Law Model of Litigating Constitutional and Treaty Issues. 762 II. The Scope of Enforceable Private Rights. 772 III. Public Law Litigation and Foreign Affairs. 779 A. Expanded Justiciability... 2002  
Susan Bandes Treaties, Sovereign Immunity, and "The Plan of the Convention" 42 Virginia Journal of International Law 743 (Winter 2002) Introduction. 743 I. The Power of Treaties to Abrogate State Sovereign Immunity Under Current Doctrine. 744 II. Beyond the Hypothetical: Real World Problems With Abrogation Theory for Treaties and Statutes. 749 A. The Supremacy Strain. 750 B. The State Sovereignty Strain. 755 This most recent addition to Carlos Vazquez's impressive body of Eleventh... 2002  
Susan Bandes Treaties, Sovereign Immunity, and "The Plan of the Convention" 42 Virginia Journal of International Law 743 (Winter 2002) Introduction. 743 I. The Power of Treaties to Abrogate State Sovereign Immunity Under Current Doctrine. 744 II. Beyond the Hypothetical: Real World Problems With Abrogation Theory for Treaties and Statutes. 749 A. The Supremacy Strain. 750 B. The State Sovereignty Strain. 755 This most recent addition to Carlos Vazquez's impressive body of Eleventh... 2002  
Sara K. Sorenson Treating Defendants as Individuals 78 North Dakota Law Review 259 (2002) Chief Judge Rodney S. Webb has been a federal district court judge for over fourteen years. During this time, he has sentenced over one thousand criminal defendants. When compared with the other federal judicial districts around the nation, the District of North Dakota has consistently ranked in the top quarter in criminal case filings per... 2002  
Jonathan Michael Berger Tripping over Patents: Aids, Access to Treatment and the Manufacturing of Scarcity 17 Connecticut Journal of International Law 157 (Spring, 2002) HIV causes AIDS. This much we know. We also know that while the treatment of opportunistic infections associated with HIV infection may serve to delay the inevitable onset of AIDS, but for the intervention of highly active antiretroviral therapy (HAART), HIV infection results in the gradual but inevitable decline and ultimate failure of a body's... 2002  
Elizabeth Herlong Campbell U.s. Supreme Court Reinforces the Armor of the States' Sovereign Immunity 14-OCT South Carolina Lawyer 49 (September/October, 2002) In a landmark decision, the U.S. Supreme Court again reinforces the armor of the states' sovereign immunity. In Federal Maritime Commission v. South Carolina State Ports Authority, 122 S. Ct. 1864 (2002), the Supreme Court decided whether state sovereign immunity precludes the Federal Maritime Commission (Commission or FMC) from adjudicating a... 2002  
W. Michael Reisman Unratified Treaties and Other Unperfected Acts in International Law: Constitutional Functions 35 Vanderbilt Journal of Transnational Law 729 (May, 2002) In E.M. Forster's remarkable novel, A Passage to India, there is, if my memory serves me, a brief but memorable scene. A businessman presents his card, which states his name and then his degree as B.A. Oxford (Failed). Like the businessman in Forster's wonderful cameo, there is a fascinating tendency in modern international law to cite, as... 2002  
James E. Pfander Waiver of Sovereign Immunity in the "Plan of the Convention" 2002 Georgetown Journal of Law and Public Policy 13 (Fall, 2002) In suggesting that some may doubt the legitimacy of the Supreme Court's recent Eleventh Amendment decisions, this provocative Inaugural Issue of the Georgetown Journal of Law & Public Policy invites fundamental reconsideration of the Court's teachings in this area. I will focus my discussion on an aspect of the Court's jurisprudence that has... 2002  
Mark Giordano Wildlife Treaties Series 14 Georgetown International Environmental Law Review 629 (2002) WTS #Treaty Name Date Citation 1351 WTS 1 Treaty between England and Castile 8/1/1351 5 Rymer, Foedera 712 1353 WTS 1 Treaty between England and Portugal 10/20/1353 5 Rymer, Foedera 763 1403 WTS 1 Treaty between England and France 6/27/1403 8 Rymer, Foedera 305 1407 WTS 1 Treaty between England and Burgundy 3/10/1407 8 Rymer, Foedera 469 1656 WTS 1... 2002  
Angelique R. Kuchta A Closer Look: the U.s. Senate's Failure to Ratify the Comprehensive Test Ban Treaty 19 Dickinson Journal of International Law 333 (Winter 2001) A war today or tomorrow, if it led to nuclear war, would not be like any war in history. A full-scale nuclear exchange, lasting less than 60 minutes, with the weapons now in existence, could wipe out more than 300 million Americans, Europeans, and Russians, as well as untold numbers elsewhere. And the survivors . . . the survivors would envy the... 2001  
Peter Brandon Bayer A Plea for Rationality and Decency: the Disparate Treatment of Legal Writing Faculties as a Violation of Both Equal Protection and Professional Ethics 39 Duquesne Law Review 329 (WINTER 2001) I was about to enter my tenth year of teaching legal writing and my fifth year as director of the writing program at St. Thomas University School of Law. On my office wall were several diplomas: a J.D. from New York University, a masters in Sociology from that institution and an LL.M from Harvard. I have experience in legal practice including four... 2001  
Geoffrey G. Hengerer A Return to State Sovereignty: How Individuals with Disabilities in Maryland May Still Seek Relief Against State Employers after Board of Trustees of the University of Alabama v. Garrett 31 University of Baltimore Law Review 67 (Fall 2001) At the foundation of the American political system lies a government of dual sovereigns: federal and state. Two of the Founding Fathers, Alexander Hamilton and James Madison, understood when writing the Constitution that the nation would sometimes require federal supremacy, but they never believed that the states relinquished all of their... 2001  
Peter G. Bernard , Andrew P. Mayer A Tale of Two Sovereigns: Canada, the United States, and Trans-border Pollution Issues 13 University of San Francisco Maritime Law Journal 125 (2000-2001) I. Introduction. 127 A. The NESTUCCA - December 23, 1988. 129 B. The TENU MARU - July 22, 1991. 131 II. Federal and Provincial Canadian Law Relevant to the Protection of the Marine Environment. 132 A. Constitutional Issues. 132 B. Canadian National Legislation. 133 1. Canada Shipping Act. 133 a. Part XV. 134 b. Part XVI. 137 2. Arctic Waters... 2001  
Marc D. Falkoff Abrogating State Sovereign Immunity in Legislative Courts 101 Columbia Law Review 853 (May, 2001) Over the last decade, the Supreme Court has greatly broadened the immunity that states enjoy from citizen suits brought for violations of federal law. With its decisions in Seminole Tribe v. Florida and Alden v. Maine, the Court has assured that states are now substantially immune from suits brought in both federal courts and the states' own... 2001  
Erwin Chemerinsky Against Sovereign Immunity 53 Stanford Law Review 1201 (May, 2001) In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long-discredited royal prerogatives, and that it... 2001  
Evelyn Corwin Mccafferty Age Discrimination and Sovereign Immunity: Does Kimel Signal the End of the Line for Alabama's State Employees? 52 Alabama Law Review 1057 (Spring, 2001) In Marbury v. Madison, Chief Justice John Marshall wrote that the very essence of civil liberty . . . consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. Quoting Blackstone, he stated that where there is a legal right, there is also a legal remedy by suit, or action at law, whenever... 2001  
Andrew B. Pittman Ambassadorial Waiver of Foreign State Sovereign Immunity to Domestic Adjudication in United States Courts 58 Washington and Lee Law Review 645 (Spring, 2001) In an increasingly global marketplace, in which international economic transactions are growing in prominence, there is greater potential for suits involving foreign parties and governments. Technological advancements and transportational improvements are making the world a much smaller place, further increasing overall levels of contact between... 2001  
  Appendix 69 Fordham Law Review 2252 (April, 2001) This Appendix provides supporting history to the application of the public citizen model outlined in Part III. For ease of reference, it is structured to correspond generally with the model's criteria. A controversy developed over America's first major treaty under the Constitution--the Treaty of Amity and Commerce with Great Britain commonly... 2001  
Virginia H. Johnson Application of the Rational Basis Test to Treaty-implementing Legislation: the Need for a More Stringent Standard of Review 23 Cardozo Law Review 347 (November, 2001) The prominent role of the United States in the development of international law is best illustrated by the federal government's ratification of countless treaties addressing a myriad of issues across the legal spectrum. For well over a century, it has been commonplace for the Executive branch to enter into a particular type of treaty that requires... 2001  
Tahirih V. Lee Apres Moi Le Deluge? Judicial Review in Hong Kong since Britain Relinquished Sovereignty 11 Indiana International & Comparative Law Review 319 (2001) One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a high degree of autonomy is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the... 2001  
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