AuthorTitleCitationSummaryYearKey Terms
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  
Andrea M. Seielstad The Recognition and Evolution of Tribal Sovereign Immunity under Federal Law: Legal, Historical, and Normative Reflections on a Fundamental Aspect of American Indian Sovereignty 37 Tulsa Law Review 661 (Spring 2002) It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union. [Indian tribes are] distinct, independent... 2002 Yes
Andrea M. Seielstad The Recognition and Evolution of Tribal Sovereign Immunity under Federal Law: Legal, Historical, and Normative Reflections on a Fundamental Aspect of American Indian Sovereignty 37 Tulsa Law Review 661 (Spring 2002) It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union. [Indian tribes are] distinct, independent... 2002 Yes
Claudeen Bates Arthur The Role of the Tribal Attorney 34 Arizona State Law Journal 21 (Spring, 2002) My name is Claudeen Bates Arthur. That is what they call me, but who I really am is a Tsenjikini woman. My fathers are Naaneesht'ezhi Tachiinii and my grandparents on my father's side are Kinyaa'aanii and on my mother's side are Naakai. That is who I really am. I also am the grandmother of eight grandsons and only one granddaughter. I tell you this... 2002 Yes
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  
Kirsten Matoy Carlson Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies 101 Michigan Law Review 569 (November, 2002) Introduction. 569 I. Courts Should Hear Tribal Sovereign Immunity First Because Sovereign Immunity Is Jurisdictional. 580 A. Courts Treat Defenses of Sovereign Immunity Like Jurisdiction. 581 B. Exhaustion of Tribal Remedies Is Not Jurisdictional. 584 II. A Model for Hearing Tribal Defenses in Federal Courts. 587 A. Nonwaiver Cases. 588 B. Waiver... 2002 Yes
Kirsten Matoy Carlson Towards Tribal Sovereignty and Judicial Efficiency: Ordering the Defenses of Tribal Sovereign Immunity and Exhaustion of Tribal Remedies 101 Michigan Law Review 569 (November, 2002) Introduction. 569 I. Courts Should Hear Tribal Sovereign Immunity First Because Sovereign Immunity Is Jurisdictional. 580 A. Courts Treat Defenses of Sovereign Immunity Like Jurisdiction. 581 B. Exhaustion of Tribal Remedies Is Not Jurisdictional. 584 II. A Model for Hearing Tribal Defenses in Federal Courts. 587 A. Nonwaiver Cases. 588 B. Waiver... 2002 Yes
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  
David Matheson Tribal Sovereignty: Preserving Our Way of Life 34 Arizona State Law Journal 15 (Spring, 2002) Thank you everybody. It's good to be here. When I was looking at the speakers' panel that I was going to be on, I couldn't help but notice that it was all attorneys. I started trying to think of what I was going to talk about, trying to predict what the others were going to talk about, and that's why I thought I'd talk more on the cultural side.... 2002 Yes
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  
Robert B. Porter - Odawi Two Kinds of Indians, Two Kinds of Indian Nation Sovereignty: a Surreply to Professor Lavelle 11 Kansas Journal of Law & Public Policy 629 (Spring, 2002) If you can free your mind, the body will follow. - Morpheus I. INTRODUCTION John LaVelle, my colleague at the University of South Dakota, graciously took up the task of commenting on my article arguing against the increasing practice of American Indians to self-identify as, and to exercise the political rights of, American citizens. Professor... 2002 Yes
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  
Joan Meyler A Matter of Misinterpretation, State Sovereign Immunity, and Eleventh Amendment Jurisprudence: the Supreme Court's Reformation of the Constitution Inseminole Tribe and its Progeny 45 Howard Law Journal 77 (Fall 2001) Justice Kennedy, in Alden v. Maine, states the underpinnings of the United States Supreme Court's recent decisions holding that Congress cannot subject states to suit by individuals under its Article I powers: This Court has been consistent in interpreting the adoption of the Eleventh Amendment as conclusive evidence that the decision in Chisholm... 2001 Yes
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  
John Rockwell Snowden , Wayne Tyndall , David Smith American Indian Sovereignty and Naturalization: It's a Race Thing 80 Nebraska Law Review 171 (2001) I. A Sketch of Naturalization in the United States. 176 A. The Historical Background of Naturalization in the United States. 176 1. English Roots: The Theory of Natural Allegiance. 176 2. The Colonial Experience: The Theory of Volitional Allegiance Emerges. 179 3. Defining the Qualifications for Naturalization After Independence. 181 B. Current... 2001 Yes
Elizabeth Roat Analyzing Conflicts Between Indian Treaty Rights and Federal Conservation Regulations: Are State Regulation Standards Appropriate? 84 Marquette Law Review 701 (Spring 2001) In July 1998, officials of the United States Department of Agriculture's Forest Service cited David J. Gotchnik for using a motorized vehicle in a no motor area of the Boundary Waters Canoe Area Wilderness (BWCAW) in the Superior National Forest in Minnesota. Gotchnik was traveling across Basswood Lake in northern Minnesota in a canoe powered by... 2001 Yes
  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  
Bernard H. Oxman, Barbara Kwiatkowska, Netherlands Institute for the Law of the Sea Arbitration-jurisdictional Effect of Different Dispute Settlement Provisions in Related Treaties-high Seas Fishing-relationship Between Un Convention on the Law of the Sea and Specialized Treaties 95 American Journal of International Law 162 (January, 2001) Southern Bluefin Tuna (Australia and New Zealand v. Japan). Jurisdiction and Admissibility. Arbitral Tribunal, August 4, 2000. The Southern Bluefin Tuna case initially arose out of a dispute under the trilateral Convention for the Conservation of Southern Bluefin Tuna (CSBT Convention) of... 2001  
Dianne K. LeVerrier Are Some Polluters More Equal than Others? A Critique of Caselaw Establishing Preferential Treatment of Federal Potentially Responsible Parties (Prps) under Cercla 17 Touro Law Review 503 (Winter, 2001) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is, to put it simply, a tough statute. By its terms, the arm of the statute is long, subjecting a wide range of parties associated with hazardous waste to liability including: owners and operators, those who owned or operated the facility at the time of the... 2001  
Arizona Supreme, Court, Administrative Office, of the Courts, Adult Probation, Services Division, This report presents, data for Fiscal Year, 1999. Arizona Drug Treatment and Education Fund Annual Report 2002 Federal Sentencing Reporter 31685262 (11/1/2001) Editor's Note: This excerpted report from the Arizona Supreme Court presents the most recent official data on the operations and impact of Arizona's Proposition 200. In 1996, the people of Arizona passed the Drug Medicalization, Prevention... 2001  
Robert Anderson IV Ascertained in a Different Way: the Treaty Power at the Crossroads of Contract, Compact, and Constitution 69 George Washington Law Review 189 (February, 2001) Nearly eighty years ago, in Missouri v. Holland, the Supreme Court settled a constitutional question that had haunted the Treaty Power since its inception. Writing for a seven Justice majority, Justice Oliver Wendell Holmes confirmed that the Treaty Power's scope extends beyond the legislative powers of Congress. That is, the President and Senate... 2001  
Victoria Sutton , Texas Tech University Bioterrorism Preparation and Response Legislation-the Struggle to Protect States' Sovereignty While Preserving National Security 6 Georgetown Public Policy Review 93 (Spring, 2001) At the heart of the issue of bioterrorism is the balance between state and federal powers for public health regulation. Although the provision of national security falls squarely into the powers of the federal government, the use of these powers has been almost exclusively in the international arena for intelligence gathering for defense and for... 2001  
by Vicki J. Limas C & L Enterprises, Inc. 2000-01 Preview of United States Supreme Court Cases 337 (3/13/2001) Under federal law, Indian tribes, as sovereign governments, cannot be sued unless they have consented to suit or the federal government has consented for them; any consent to be sued--i.e., any waiver of sovereign immunity--must be clear and unequivocally expressed. In this case, officials of an Indian tribe signed a construction contract... 2001  
  California Indian Tribe Treated as a Corporation for Tax Purposes 11-OCT Journal of Multistate Taxation and Incentives 43 (October, 2001) In a novel administrative case, Appeal of Flores, 2001 WL 809299 (Cal. SBE No. 98R-0910, Case No. 89002462360, 6/21/01), the California State Board of Equalization (SBE) concluded that, for tax purposes, an Indian tribe more closely resembled a corporation than a partnership. This determination, which reversed the findings of the California... 2001 Yes
Trishanda L. Hinton Child Custody Proceedings: Replace the Uniform Child Custody Jurisdiction Enforcement Act; Establish Updated, Uniform Procedures for Child Custody Proceedings; Provide How Courts of this State Shall Treat Indian Tribes and Foreign Countries in Child Custo 18 Georgia State University Law Review 58 (Fall, 2001) Code Sections: O.C.G.A. §§ 19-9-40 to -51, -61 to -70, -81 to -97, -101 to -104 (amended) Bill Number: SB 118 Act Number: 28 Georgia Laws: 2001 Ga. Laws 129 Summary: This Act updates the Uniform Child Custody Jurisdiction Act to include the requirements of the Hague Convention and two federal statutes enacted since the passage of the original law.... 2001 Yes
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