| Author | Title | Citation | Summary | Year | Key Terms |
| Celia M., Rumann, &, Jon M. Sands, Celia M. Rumann is an, Assistant Professor of, Law, University of St., Thomas, School of Law,, Minneapolis, Jon M. Sands is an, Assistant Federal Public, Defender, District of, Arizona, Both authors were, members of the |
Lost in Incarceration: Native American Advisory Group's Suggested Treatment for Sex Offenders |
2004 Federal Sentencing Reporter 2189133 (2/1/2004) |
Federal prosecutions for all types of sex offenses have been increasing. This is a result of shifting prosecutorial priorities, both from the Department of Justice and from Congress, as related to child pornography, traveler child sex cases, sexual tourism, sex slavery, prostitution, and sexual offenses that arise from areas of exclusive... |
2004 |
Yes |
| Scott C. Idleman |
Multiculturalism and the Future of Tribal Sovereignty |
35 Columbia Human Rights Law Review 589 (Summer 2004) |
One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... |
2004 |
Yes |
| Lindsay Halm |
Putting Flesh on the Bones of United States v. Winans: Private Party Liability under Treaties That Reserve Actual Fish for the Tribal Taking |
79 Washington Law Review 1181 (November, 2004) |
Abstract: One hundred years ago, in United States v. Winans, the United States Supreme Court announced that private parties are subject to the rights reserved by Indians under treaty. Accordingly, tribes enforce their treaty fishing rights in federal court to halt private and government actions that threaten to impair their reserved right to take a... |
2004 |
Yes |
| Steven Andrew Light , Kathryn R.L. Rand |
Reconciling the Paradox of Tribal Sovereignty: Three Frameworks for Developing Indian Gaming Law and Policy |
4 Nevada Law Journal 262 (Winter 2003/2004) |
Wow, man - Indians have it good! - Eric, upon arriving at the Three Feathers casino, on Fox television's South Park Indian gaming, perhaps more so than any issue facing tribes in the last half-century, is a subject of ever-increasing public fascination and policy debate. In tribal gaming's second decade of rapid expansion across the country,... |
2004 |
Yes |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Michael C. Blumm |
Retracing the Discovery Doctrine: Aboriginal Title, Tribal Sovereignty, and Their Significance to Treaty-making and Modern Natural Resources Policy in Indian Country |
28 Vermont Law Review 713 (Spring, 2004) |
C1-3Table of Contents L1-2,T2Introduction 713. I. The Origins of the Discovery Doctrine. 719 II. Judicial Recognition of Indian Title: Fletcher v. Peck. 726 III. Judicial Ratification of the Discovery Doctrine: Johnson v. M'Intosh. 731 IV. Clarifying Aboriginal Rights and Federalizing Indian Affairs: The Cherokee Cases. 747 V. The Legacy of the... |
2004 |
Yes |
| Anna-Marie Tabor |
Sovereignty in the Balance: Taxation by Tribal Governments |
15 University of Florida Journal of Law and Public Policy 349 (Summer, 2004) |
I. L2-4,T4Introduction 350 II. L2-4,T4Understanding Tribal Powers to Tax 353 A. L3-4,T4A Brief History of Federal Indian Policy 353. B. L3-4,T4Balance of Powers 360. C. L3-4,T4Tribal Taxes 365. D. L3-4,T4Taxing Nonmembers After Montana and Colville 368. III. L2-4,T4State Taxation 372 A. L3-4,T4State Tax Power 373. B. L3-4,T4Legal Incidence Versus... |
2004 |
Yes |
| Terrion L. Williamson |
The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government Native American Tribes |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
Yes |
| Thomas H. Lee |
The Supreme Court of the United States as Quasi-international Tribunal: Reclaiming the Court's Original and Exclusive Jurisdiction over Treaty-based Suits by Foreign States Against States |
104 Columbia Law Review 1765 (November, 2004) |
In this Article, Professor Lee argues that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violations of treaties of the United States. The basis for nonimmunity is a peacekeeping theory of ratification consent: Just as, by ratifying the Constitution, the... |
2004 |
Yes |
| William H. Rodgers, Jr. |
Treatment as Tribe, Treatment as State: the Penobscot Indians and the Clean Water Act |
55 Alabama Law Review 815 (Spring 2004) |
(T)he Penobscot Tribe of Indians (is declared) to be enemies,rebels and traitors to his Majesty. Proclamation of War, Colony of Massachusetts, Council Chamber in Boston, November 3, 1755 The Indians say, that the (Penobscot) river once ran both ways, one half up and the other down, but, that since the white man came, it all runs down, and now... |
2004 |
Yes |
| Allan Kanner |
Tribal Sovereignty and Natural Resource Damages |
25 Public Land & Resources Law Review 93 (Spring 2004) |
I. Introduction 93 II. Natural Resources and Federal Law 94 A. Overview 94 B. Putting NRD Claims in Perspective 95 C. Natural Resources 97 D. Injury 97 E. Partial Summary Judgment 100 F. Damages 102 G. The Natural Resource Damage Assessment Process 104 H. Trustees 105 I. Defenses 107 III. Lessons Learned 109 IV. Conclusion 111 |
2004 |
Yes |
| Jessica Owley |
Tribal Sovereignty over Water Quality |
20 Journal of Land Use & Environmental Law 61 (Fall, 2004) |
Indian tribes are independent sovereigns located within the United States. As sovereign entities, they have the same rights and responsibilities that apply to nations of the world. However, this sovereignty is limited by the unique relationship between tribes and the U.S. government. Not fully independent, tribes are under the protection of the... |
2004 |
Yes |
| April L. Seibert |
Who Defines Tribal Sovereignty? An Analysis of United States v. Lara |
28 American Indian Law Review 393 (2003-2004) |
This note addresses the current controversy regarding the extent of tribal criminal jurisdiction over non-member Indians. This controversy implicates issues of tribal sovereignty, congressional authority, constitutional interpretation and separation of powers within the United States Government. The first part of this note discusses the relevant... |
2004 |
Yes |
| Melissa A. Murphy |
A "World Occupation" of the Iraqi Economy? How Order 39 Will Create a Semi-sovereign State |
19 Connecticut Journal of International Law 445 (Spring, 2004) |
Eleven days in Iraq left indelible images in our minds. [Y]oung men waiting in long lines everywhere jobs are announced . snaking lines of cars at gas stations . the energy, commitment and intensity of Iraqis as they discussed their country's future . the sincere efforts of civilians to forge ahead despite the looming insecurity. On September 20,... |
2004 |
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| Robert B.Chapman |
A Matter of Trust, or Why "Erisa-qualified" Is "Nonsense upon Stilts" : the Tax and Bankruptcy Treatment of Section 457 Deferred Compensation Plans as Exemplar |
40 Willamette Law Review Rev. 1 (Winter 2004) |
My propositions serve as elucidations in the following way: anyone who understands me eventually recognizes them as nonsensical, when he has used them as steps to climb up beyond them. He must, so to speak, throw away the ladder after he has climbed up it. He must transcend these propositions, and then he will see the world aright. I. Introduction.... |
2004 |
|
| Robert B. Chapman |
A Matter of Trust, or Why "Erisa-qualified" Is "Nonsense upon Stilts": the Tax and Bankruptcy Treatment of Section 457 Deferred Compensation Plans as Exemplar |
13 Journal of Bankruptcy Law and Practice Art. 1 (2004) |
My propositions serve as elucidations in the following way: anyone who understands me eventually recognizes them as nonsensical, when he has used them as steps to climb up beyond them. He must, so to speak, throw away the ladder after he has climbed up it. He must transcend these propositions, and then he will see the world aright. I'll gladly pay... |
2004 |
|
| Sarah Krakoff |
A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation |
83 Oregon Law Review 1109 (Winter 2004) |
In my view, the tribes either are or are not separate sovereigns, and our federal Indian law cases untenably hold both positions simultaneously. The [U.S.] Constitution never took away Indian self-governance; that governance flows from the people. The Courts are trying to do what the [executive and legislative] branch[es] have learned they... |
2004 |
|
| Brandon C. Gruner |
A New Hope for International Space Law: Incorporating Nineteenth Century First Possession Principles into the 1967 Space Treaty for the Colonization of Outer Space in the Twenty-first Century |
35 Seton Hall Law Review 299 (2004) |
Legend has it that a friend once asked Mark Twain what he should invest in, and the good-humored author responded Buy land; they've stopped making it. The author's advice was given more than 100 years ago and it still makes good sense. If a resource is scarce, it is almost always going to become more valuable. It is amazing that even in the... |
2004 |
|
| Carlos G. Garcia |
All the Other Dirty Little Secrets: Investment Treaties, Latin America, and the Necessary Evil of Investor-state Arbitration |
16 Florida Journal of International Law 301 (June, 2004) |
Over the past several years, a remarkable amount of attention - mostly negative - has been directed at Chapter 11 of the North American Free Trade Agreement (NAFTA). Put simply, Chapter 11 gives investors of each member state the right to directly sue the governments of the other two member states for measures affecting their investments which... |
2004 |
|
| Bless Young , Kurt Gurka |
An Overview of State Sovereign Immunity in the Federal System |
17-OCT Utah Bar Journal 22 (October, 2004) |
Sovereign immunity shields states from having to defend themselves against suits in law or at equity in the federal system. Although not explicitly incorporated into the constitutional text, it seemed apparent that sovereign immunity, as it had existed up to ratification, would remain in place. However, this assumption was destroyed by the 1793... |
2004 |
|
| Heather Kendall-Miller |
Ancsa and Sovereignty Litigation |
24 Journal of Land, Resources, and Environmental Law 465 (2004) |
The Venetie case is commonly associated with Venetie's failed attempt to maintain its Indian country status as a basis for territorial jurisdiction over non-members. The case is less well known for its success. Venetie was the first Alaska Native village to establish that it was a tribe, possessed with inherent powers of self-government with... |
2004 |
|
| Francesco Francioni |
Beyond State Sovereignty: the Protection of Cultural Heritage as a Shared Interest of Humanity |
25 Michigan Journal of International Law 1209 (Summer 2004) |
Introduction. 1209 I. Cultural Heritage and Human Rights. 1212 II. Culture and International Responsibility. 1215 III. International Law and Cultural Diversity. 1220 A. Intangible Cultural Heritage. 1222 B. Diversity of Cultural Contents and Artistic Expressions. 1226 |
2004 |
|
| Anna Gelpern |
Building a Better Seating Chart for Sovereign Restructurings |
53 Emory Law Journal 1115 (2004) |
Introduction: The Odd World of Sovereign Debt. 1115 I. Mining the Bankruptcy Analogy. 1119 II. The Divine Right of Kings. 1124 III. A Foggy Status Quo. 1126 A. Not So Sacred Livestock. 1128 B. Tension at the Top. 1130 C. The Pari Passu Snafu. 1131 D. A New Frontier. 1137 IV. Priority for Priorities?. 1138 V. Elusive Solutions. 1143 Conclusions.... |
2004 |
|
| Jeffrey M. Hirsch |
Can Congress Use its War Powers to Protect Military Employees from State Sovereign Immunity? |
34 Seton Hall Law Review 999 (2004) |
The need to attract and keep soldiers has never been greater, yet that necessity is threatened by the Supreme Court's burgeoning state sovereign immunity jurisprudence. Congress has sought to promote military service in the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects soldiers from adverse employment actions... |
2004 |
|
| Edward T. Hayes |
Changing Notions of Sovereignty and Federalism in the International Economic System: a Reassessment of Wto Regulation of Federal States and the Regional and Local Governments Within Their Territories |
25 Northwestern Journal of International Law and Business Bus. 1 (Fall 2004) |
On November 14, 2001 the 142 Members of the World Trade Organization (WTO) successfully concluded their 4 Ministerial Conference in Doha, Qatar by agreeing to launch a new round of trade negotiations. The Doha Ministerial Declaration provides a mandate for negotiations on twenty-one subjects, including topics already under negotiation and new... |
2004 |
|
| Beth Garrison |
Children Are Not Second Class Citizens: Can Parents Stop Public Schools from Treating Their Children like Guinea Pigs? |
39 Valparaiso University Law Review 147 (Fall, 2004) |
Dear Senator Grassley: I am writing you to express my frustration with the present condition of our education system .. Imagine . an area surrounded by green lawns, sidewalks, and rows of one indistinguishable house followed by another. In this suburbia-like neighborhood live the Wilsons. The Wilsons are a traditional, hardworking, middle-class... |
2004 |
|
| Jaykant M. Patidar |
Citizenship and the Treatment of American Citizen Terrorists in the United States |
42 Brandeis Law Journal 805 (Summer, 2004) |
An American citizen, also a suspected terrorist, is captured on a battlefield in Afghanistan and then taken to the United States where he is charged in the civilian court system. A second American is also captured in Afghanistan; however, he is not formally charged, but instead placed into military custody, and denied contact with an attorney.... |
2004 |
|
| Paul M. Rashkind |
Confrontation, Sovereignty, Seizures Top Court Action |
19-SUM Criminal Justice 40 (Summer, 2004) |
The third quarter of the Supreme Court's 2003-04 Term produced a balanced docket--nine decisions and nine new cert grants relating to criminal cases. In keeping with recent Terms, the cases are spread over a broad spectrum. The decided cases present significant developments in three areas of the law. First, the Court overruled its own precedent... |
2004 |
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Constitutional Law -- State Sovereign Immunity -- Fifth Circuit Bars Challenge to Statutes' Constitutionality in Interlocutory Appeal Reviewing Denial of State Sovereign Immunity. -- Mccarthy ex Rel. Travis v. Hawkins, 381 F.3d 407 (5th Cir. 2004). |
118 Harvard Law Review 786 (December, 2004) |
Ever since the concept of state sovereign immunity entered the constitutional realm, courts have struggled to balance the sovereign interests of the State with the supremacy of federal law. The doctrine of Ex parte Young carves an exception out of Eleventh Amendment jurisprudence, allowing prospective relief against a state official engaged in... |
2004 |
|
| Edward J. Everitt |
Constitutional Law--eleventh Amendment--abrogation of States' Sovereign Immunity in Title Ii of the Americans with Disabilities Act Held a Valid Exercise of Congress's Fourteenth Amendment Section Five Power |
74 Mississippi Law Journal 253 (Fall 2004) |
Congress passed the Americans with Disabilities Act of 1990 (ADA) in order to remedy discrimination against disabled persons. Respondents George Lane and Beverly Jones, both disabled, filed suit in federal court against the State of Tennessee for alleged violations of Title II of the ADA. Lane alleged he was unable to answer a criminal charge in a... |
2004 |
|
| Michael J. Mano |
Contemporary Visions of the Early Federalist Ideology of James Madison: an Analysis of the United States Supreme Court's Treatment of the Federalist No. 39 |
16 Washington University Journal of Law and Policy 257 (2004) |
The theory of New Federalism was one of the dominant themes guiding Republican politics throughout the 1980s and 1990s. In retrospect, it should have come as no surprise that four of the Justices appointed to the Supreme Court by Presidents Reagan and George H.W. Bush have proven to be rigid advocates of state sovereignty. Headed by Chief Justice... |
2004 |
|
| Darryll M. Halcomb Lewis , James R. Jones |
Culture Shock in the Workplace: the Legal Treatment of Cultural Behavior under Title Vii |
29 Oklahoma City University Law Review 139 (Spring, 2004) |
[P]ermanent resident alien[s], married to an American citizen, and [their] children will be native-born American citizens. But that first generation has the greatest adjustments to make to their new country. Their unfamiliarity with America makes them the most vulnerable to exploitation and discriminatory treatment. They, of course, have the same... |
2004 |
|
| David J. D'Addio |
Dual Sovereignty and the Sixth Amendment Right to Counsel |
113 Yale Law Journal 1991 (June, 2004) |
In Texas v. Cobb, the Supreme Court affirmed that the Sixth Amendment right to counsel is offense specific and attaches only to charged offenses. Prior to Cobb, lower courts had created an exception to this rule, holding that the right to counsel also attached to any additional uncharged crimes that were factually related to a specific charged... |
2004 |
|
| Jana L. Tibben |
Family Leave Policies Trump States' Rights: Nevada Department of Human Resources v. Hibbs and its Impact on Sovereign Immunity Jurisprudence |
37 John Marshall Law Review 599 (Winter 2004) |
In late May 2003, the top headline of the Chicago Tribune proclaimed, Court bolsters family leave: Justices reject stereotypes; say states not exempt from U.S. law. The headline referred to the United States Supreme Court case Nevada Department of Human Resources v. Hibbs, which held that states could be sued in federal court for money damages... |
2004 |
|
| Michael P. Van Alstine |
Federal Common Law in an Age of Treaties |
89 Cornell Law Review 892 (May, 2004) |
Introduction. 893 I. The Force and Significance of the Modern Treaty Power. 900 A. Constitutional Background and Text: The Role of Treaties as Directly Applicable Federal Law. 900 1. Federal Power, Foreign Affairs, and Treaties. 900 2. Treaties and the Self-Execution Doctrine. 904 B. Responding to the Revisionist Challenge to Self-Execution. 907 1.... |
2004 |
|
| Joseph M. West |
Federal Fraud Prosecutions of Schemes to Defraud Foreign Sovereigns of Import Taxes |
50 Wayne Law Review 1061 (Fall 2004) |
This note addresses the question of whether the United States can utilize 18 U.S.C. section 1343 to criminally prosecute defendants who use interstate wires in furtherance of a scheme to defraud a foreign government of import taxes. The United States Supreme Court recently granted certiorari to resolve a circuit split on the issue. In 1996, the... |
2004 |
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| Curtis A. Bradley |
Federalism and the Treaty Power |
98 American Society of International Law Proceedings 341 (March 31-April 3, 2004) |
Article II of the Constitution gives the president the power, with the advice and consent of two-thirds of the Senate, to make treaties. The supremacy clause in Article VI of the Constitution provides that treaties made under the authority of the United States shall be the supreme law of the land and shall bind state judges. Thus, like federal... |
2004 |
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| David B. Kopel , Paul Gallant , Joanne D. Eisen |
Firearms Possession by "Non-state Actors": the Question of Sovereignty |
8 Texas Review of Law and Politics 373 (Spring 2004) |
I. Introduction. 374 II. Ancient Greece. 377 III. Mainland Asia. 381 A. Cambodia. 382 B. China. 384 C. Japan. 385 IV. The Pacific. 386 A. East Timor. 386 B. Bougainville. 394 V. Africa. 403 A. Niger. 403 B. Angola. 404 C. Zimbabwe. 405 D. Uganda. 413 VI. Europe. 422 A. The Warsaw Pact. 422 1. Afghanistan. 422 2. 1989 Revolutions. 423 3. Romania.... |
2004 |
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| Maxwell O. Chibundu |
For God, for Country, for Universalism: Sovereignty as Solidarity in Our Age of Terror |
56 Florida Law Review 883 (December, 2004) |
On September 11, 2001, three hijacked jet airliners deliberately were crashed into buildings in New York City and Washington, D.C. A fourth aircraft, apparently intended for the same purpose, crashed into a field in Pennsylvania. The lives of approximately three thousand persons were snuffed out in a matter of barely over an hour, and another two... |
2004 |
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| Gary L. McDowell , Stephen B. Presser |
Foreword: Human Rights, the Rule of Law, and National Sovereignty |
2 Northwestern Journal of International Human Rights Rts. 1 (Spring, 2004) |
On July 23, 2000, in London, England, we were the convenors of a conference jointly sponsored by the University of London's Institutes of Advanced Legal Studies, Historical Research, and United States Studies and Northwestern University School of Law, made possible by a grant from the Searle Fund. The title of the conference was At Century's Dawn:... |
2004 |
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| Katrina L. Fischer |
Harnessing the Treaty Power in Support of Environmental Regulation of Activities That Don't "Substantially Affect Interstate Commerce": Recognizing the Realities of the New Federalism |
22 Virginia Environmental Law Journal 167 (2004) |
I. Introduction. 167 II: The Scope of the Treaty Power Eighty Years after Missouri v. Holland--Ill Understood and Ripe for Narrowing. 177 III: Adducing a Limiting Principle--A Treaty Power Framework that Accommodates the Environment. 187 IV: Applying the Proposed Treaty Power Framework. 201 V. Conclusion. 213 |
2004 |
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Hood's in Rem Exception to State Sovereign Immunity in Bankruptcy: a Personal Jurisdiction Time Warp |
24 Bankruptcy Law Letter Letter 1 (7/1/2004) |
As predicted in the March 2003 issue of the Bankruptcy Law Letter, critiquing the Sixth Circuit's state sovereign immunity decision in Hood v. Tennessee Student Assistance Corp., the circuit split created by the Sixth Circuit prompted the Supreme Court to grant[] certiorari to determine whether the Bankruptcy] Clause grants Congress the authority... |
2004 |
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| Major Alison Martin |
How Far Can They Go: Should Commanders Be Able to Treat Hotel Rooms like an Extension of the Barracks for Search and Seizure Purposes? |
2004-JUN Army Lawyer Law. 1 (June, 2004) |
A military barracks or berthing area may be a foxhole in a remote training or combat area or it may be the almost mythical condominiums referred to in recruiting brochures and motion pictures. It may be represented by elaborate areas of individual room configuration designed to accord to the service member a measure of personal privacy and... |
2004 |
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| Connie de la Vega |
Human Rights and Trade: Inconsistent Application of Treaty Law in the United States |
9 UCLA Journal of International Law and Foreign Affairs Aff. 1 (Spring-Summer 2004) |
Over the past sixty years a dichotomy has developed in the United States' involvement in international agreements, subjecting treaties based on economic concerns to a different ratification mechanism than those relating to human rights abuses. That dichotomy has resulted from actions by all three branches of the federal government that increasingly... |
2004 |
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| Emily A. Benfer |
In the Best Interests of the Child? : an International Human Rights Analysis of the Treatment of Unaccompanied Minors in Australia and the United States |
14 Indiana International & Comparative Law Review 729 (2004) |
[M]ankind owes to the child the best it has to give. A young boy in solitary confinement lay motionlessly on the concrete. His face was red, as though he had been crying. In order to walk, he had to be physically supported by guards. Horrified by being shackled and transferred to a high-security prison, he had not eaten for five days. The child... |
2004 |
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| Haegyung Cho |
Incarcerated Women and Abuse: the Crime Connection and the Lack of Treatment in Correctional Facilities |
14 Southern California Review of Law and Women's Studies 137 (Fall, 2004) |
Ms. Ellen Richardson is incarcerated at Valley State Prison for Women in Chowchilla, California. There are no domestic violence support groups in the prison to help her cope with her abusive past and [she is] basically left to deal with [her] pain as part of [her] sentence. As she articulates, none of the women leaving this prison would be... |
2004 |
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| Stephen J. Choi , G. Mitu Gulati |
Innovation in Boilerplate Contracts: an Empirical Examination of Sovereign Bonds |
53 Emory Law Journal 929 (2004) |
Network externalities may lead contracting parties to stay with a standardized term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead... |
2004 |
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| Katherine Florey |
Insufficiently Jurisdictional: the Case Against Treating State Sovereign Immunity as an Article Iii Doctrine |
92 California Law Review 1375 (October, 2004) |
Introduction. 1377 I. The Jurisdictional Characterization of State Sovereign Immunity Doctrine. 1384 A. An Overview of State Sovereign Immunity's Historical Origins. 1385 B. Three Arguments for the Subject Matter Jurisdiction Theory of Sovereign Immunity. 1389 1. The Eleventh Amendment Explanation for Sovereign Immunity's Jurisdictional Status.... |
2004 |
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| Katherine Florey |
Insufficiently Jurisdictional: the Case Against Treating State Sovereign Immunity as an Article Iii Doctrine |
92 California Law Review 1375 (October, 2004) |
Introduction. 1377 I. The Jurisdictional Characterization of State Sovereign Immunity Doctrine. 1384 A. An Overview of State Sovereign Immunity's Historical Origins. 1385 B. Three Arguments for the Subject Matter Jurisdiction Theory of Sovereign Immunity. 1389 1. The Eleventh Amendment Explanation for Sovereign Immunity's Jurisdictional Status.... |
2004 |
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| Thomas H. Lee |
International Law, International Relations Theory, and Preemptive War: the Vitality of Sovereign Equality Today |
67-AUT Law and Contemporary Problems 147 (Autumn 2004) |
The norm of sovereign equality in international law is so resolutely canonical that its precise meaning, origins, and justifications are rarely examined. Whatever the general merits of the norm, its retention seems fairly open to question when one sovereign state appears supremely unequal among 191 sovereign states in terms of military power. The... |
2004 |
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