| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| Mark Strasser |
Chisholm, the Eleventh Amendment, and Sovereign Immunity: on Alden's Return to Confederation Principles |
28 Florida State University Law Review 605 (Spring, 2001) |
I. L2-3,T3Introduction 605 II. L2-3,T3The Chisholm Decision 606 A. Doing Justice. 607 B. Becoming Part of the Union. 612 III. L2-3,T3The Passage of the Eleventh Amendment 617 A. The Eleventh Amendment. 617 B. Why Only Preclude Citizens of Other States and Countries from Suing?. 620 C. Does the Amendment Preclude Federal Question Jurisdiction?. 625... |
2001 |
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| Helen M. Kim |
Chopping down the Birds: Logging and the Migratory Bird Treaty Act |
31 Environmental Law 125 (Winter, 2001) |
Loggers and the United States Forest Service have consistently violated the Migratory Bird Treaty Act by taking and killing migratory birds through logging practices. However, neither the Forest Service nor any contracting loggers have ever been found guilty under the Act, even though their actions directly violate the clear language and purpose of... |
2001 |
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| Tracy Laaveg |
Constitutional Law--state Sovereign Immunity: Limiting Federal Power to Abrogate State Immunity Kimel v. Florida Board of Regents, 528 U.s. 62 (2000) |
77 North Dakota Law Review 491 (2001) |
he Eleventh Amendment guarantees that individual states may not be sued in federal court by Citizens of another State, or by Citizens or Subjects of any Foreign State. The United States Supreme Court has, through the years, carved out exemptions to this rule, providing that suits may be commenced against states in three instances. The state may... |
2001 |
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Constitutional Law--state Sovereign Immunity--seventh Circuit Holds That States Waive Sovereign Immunity by Arbitrating Interconnection Agreements under the Telecommunications Act of 1996.--mci Telecommunications Corp. v. Illinois Bell Telephone Co., 222 |
114 Harvard Law Review 1819 (April, 2001) |
In Seminole Tribe v. Florida, the Supreme Court adopted a robust doctrine of state sovereign immunity, holding that Congress could not abrogate sovereign immunity pursuant to its Article I powers. Three years later, the Court refined its Eleventh Amendment jurisprudence in College Savings Bank v. Florida Prepaid Postsecondary Education Expense... |
2001 |
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| Erwin Chemerinsky |
Court Expands State Sovereign Immunity-again |
37-MAY Trial 78 (May, 2001) |
Without a doubt, one of the most dramatic changes in constitutional law in recent years has been the Supreme Court's substantial expansion of state sovereign immunity. The Court's recent ruling in Board of Trustees v. Garrett held that state governments may not be sued for employment discrimination in violation of Title I of the Americans with... |
2001 |
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| B.J. Chisholm |
Credible Definitions: a Critique of U.s. Asylum Law's Treatment of Gender-related Claims |
44 Howard Law Journal 427 (Spring 2001) |
Don't conspire with oblivion, tear down the silence. I want to be the appeared woman from among the labyrinths come back, return name myself. Call my name. - Marjorie Agosin A woman leaves her country, realizing that she may never return. She is in exile in a new country; she was in exile within her own country. Arriving in the United States, this... |
2001 |
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| Anthony C. Infanti |
Curtailing Tax Treaty Overrides: a Call to Action |
62 University of Pittsburgh Law Review 677 (Summer, 2001) |
It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. During the past quarter-century, Congress has taken an increasing interest in the formulation and reformulation of tax policy, including the tax rules applying to international business and investment transactions. An unfortunate... |
2001 |
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| Mark R. Brown |
Deterring Bully Government: a Sovereign Dilemma |
76 Tulane Law Review 149 (November, 2001) |
Sovereign immunity supplies state and local governments with a formidable shield, one that commentators have for some time tried to normatively explain. Recent scholarship suggests that sovereign immunity is sound because forced compensation cannot deter government. In short, the argument is that government does not respond to incentives in the... |
2001 |
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| Laura M. Murray |
Domestic Court Implementation of Coordinative Treaties: Formulating Rules for Determining the Seat of Arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards |
41 Virginia Journal of International Law 859 (Summer 2001) |
Introduction. 860 I. Context: The Treaty Framework and the Issue of Seat Designation. 863 A. United States Policy and the Significance of the New York Convention. 864 B. The Importance of the Seat of Arbitration. 868 C. Federal Arbitration Act and New York Convention Provisions Relating to Designation of the Seat. 870 D. Legal Rules on Interpreting... |
2001 |
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| Cory Eichhorn |
Eleventh Amendment Immunity Jurisprudence in an Era of Globalization: the Tension Between State Sovereign Rights and Federal Treaty Obligations |
32 University of Miami Inter-American Law Review 523 (Fall 2001) |
I. INTRODUCTION. 524 II. HISTORICAL BACKGROUND OF THE ELEVENTH AMENDMENT. 526 III. PRIVATE CAUSES OF ACTION IN THE TREATY CONTEXT. 528 A. Hypothetical Example of a Claim Based on Treaty Rights. 530 IV. SKIRTING THE ELEVENTH AMENDMENT IMMUNITY QUESTION. 530 V. SETTING FOOT ON UNCHARTERED GROUND. 534 A. The Supremacy Clause and Treaties. 534 B. Lower... |
2001 |
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| Cory Eichhorn |
Eleventh Amendment Immunity Jurisprudence in an Era of Globalization: the Tension Between State Sovereign Rights and Federal Treaty Obligations |
32 University of Miami Inter-American Law Review 523 (Fall 2001) |
I. INTRODUCTION. 524 II. HISTORICAL BACKGROUND OF THE ELEVENTH AMENDMENT. 526 III. PRIVATE CAUSES OF ACTION IN THE TREATY CONTEXT. 528 A. Hypothetical Example of a Claim Based on Treaty Rights. 530 IV. SKIRTING THE ELEVENTH AMENDMENT IMMUNITY QUESTION. 530 V. SETTING FOOT ON UNCHARTERED GROUND. 534 A. The Supremacy Clause and Treaties. 534 B. Lower... |
2001 |
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| Cheryl I. Harris |
Equal Treatment and the Reproduction of Inequality |
69 Fordham Law Review 1753 (April, 2001) |
A way of seeing is also a way of not seeing. . . . The title of this article owes a great deal to the provocative questions raised by the framers, and here I mean the framers of the conference. Specifically they ask: Do the Constitution's protections of certain freedoms and of equality itself limit what government may do to secure equal... |
2001 |
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| Melinda Herrera |
Fair Labor Standards Act and Sovereign Immunity: Unlocking the Courthouse Door for Texas State Employees |
32 Saint Mary's Law Journal 269 (2001) |
I. Introduction. 270 II. Federalism. 275 A. The Eleventh Amendment. 276 1. Brief Summary of Eleventh Amendment Jurisprudence. 278 2. Recent Eleventh Amendment Case Law. 280 a. National League of Cities v. Usery. 280 b. Garcia v. San Antonio Metropolitan Transit Authority. 282 c. Pennsylvania v. Union Gas Co. . 283 3. Two Locks Barring the... |
2001 |
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| MICHAEL R. SAMARDZIJA, Trademarks, September 2000 |
Federal Trademark Infringement and State Sovereign Immunity: a Case Note |
12 Journal of Contemporary Legal Issues Issues 9 (2001) |
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. Any State . . . shall not be immune, under the eleventh amendment of the Constitution of the United States . .... |
2001 |
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| John H. Clough |
Federalism: the Imprecise Calculus of Dual Sovereignty |
35 John Marshall Law Review Rev. 1 (Fall 2001) |
We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the... |
2001 |
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| Mark Strasser |
Hans, Ayers, and Eleventh Amendment Jurisprudence: on Justification, Rationalization, and Sovereign Immunity |
10 George Mason Law Review 251 (Winter, 2001) |
Over the past several years, the Supreme Court has expanded the breadth of the Eleventh Amendment protections accorded to the states, making it increasingly difficult for a citizen to sue a state without that state's consent. This new-found vitality in the Eleventh Amendment is traced to Hans v. Louisiana, a decision thought to be the font of the... |
2001 |
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| Jennifer Polse |
Holding the Sovereign's Universities Accountable for Patent Infringement after Florida Prepaid and College Savings Bank |
89 California Law Review 507 (March, 2001) |
Two terms ago, the Rehnquist Court's expanding doctrine of state sovereign immunity finally engulfed federal intellectual property law. After the Court's decision in Florida Prepaid, states and their universities enjoy broad immunity from suit for violations of the patent law. This ruling comes at a time when state universities, guided by the... |
2001 |
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| Jennifer Cotner |
How the Spending Clause Can Solve the Dilemma of State Sovereign Immunity from Intellectual Property Suits |
51 Duke Law Journal 713 (November, 2001) |
The United States Supreme Court held in two cases, Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (Florida Prepaid) and College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (College Savings Bank), that states' Eleventh Amendment immunity from patent and trademark infringement suits was not... |
2001 |
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| John King Gamble, Teresa A. Bailey, Jared S. Hawk, Erin E. McCurdy |
Human Rights Treaties: a Suggested Typology, an Historical Perspective |
7 Buffalo Human Rights Law Review 33 (2001) |
In many ways, the last half of the 20th century can be characterized as the era of human rights law. It was a time when international law expanded to include many aspects of human rights that, as recently as 1945, could have seemed beyond the pale of international law as usually understood. Our purpose here is not to question the magnificent... |
2001 |
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| Alfred Hill |
In Defense of Our Law of Sovereign Immunity |
42 Boston College Law Review 485 (May, 2001) |
Abstract: Professor Hill maintains that the Constitution was grounded on an understanding that the states would not be suable without their consent, either in the federal or state courts; the Eleventh Amendment, within its purview, is declaratory of this understanding. The Supreme Court has consistently treated sovereign immunity as of... |
2001 |
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| Ellen M. Bublick |
In Praise of the Treatise Writer: Law's Special Knowledge |
25 Seattle University Law Review 53 (Summer 2001) |
A few months after I began my academic career, Chief Judge Richard Posner, in a speech delivered at my new academic home, asked the question: What is the real knowledge that law has? So, I was very fortunate to think about the knowledge that law has at precisely the same moment that I was asking myself: What is the real knowledge that I have? Even... |
2001 |
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| Brandon Johnson |
Interpreting Uruguay Round Agreements Act Section 102(b)'S Safeguards for State Sovereignty: Reconciling Judicial Independence with the United States Trade Representative's Policy Expertise |
22 Michigan Journal of International Law 735 (Summer 2001) |
I. Introduction. 736 II. Protection of State Laws by URAA § 102(b). 739 A. WTO DSB Proceedings. 740 B. Effect of WTO Agreement and DSB Decisionin U.S. Domestic Law. 743 C. URAA § 102 Protection of State Laws fromAdverse DSB Decisions. 746 1. Cooperation and Consultation Provisions. 746 2. Congressional Oversight. 747 3. Procedures Governing Legal... |
2001 |
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| Karen Halverson |
Is a Foreign State a "Person"? Does it Matter?: Personal Jurisdiction, Due Process, and the Foreign Sovereign Immunities Act |
34 New York University Journal of International Law & Politics 115 (Fall 2001) |
Gustav Klimt's 1907 painting Portrait of Adele Bloch-Bauer I (Adele I), displayed at the Austrian Gallery in Vienna, is considered to be a masterpiece and one of Klimt's principal works. Maria Altmann, a niece and heir of Adele Bloch-Bauer, recently brought suit against the Republic of Austria (Austria) seeking restitution for the expropriation... |
2001 |
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| John T. Vaughan III |
Just Compensation or Unjust Enrichment? Critiquing Attempts to Circumvent State Sovereignty in Regulatory Takings Law |
54 Rutgers Law Review 323 (Fall, 2001) |
Constitutional controversies arising from environmental regulation often provide spectators with a lively debate between the two classic American political polesliberal against conservative. While the judiciary, press, and the political class tend to cast disputes on environmental issues as such, individual environmental controversies are far... |
2001 |
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| Katherine K. Seegers |
Kimel and Beyond: Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazmier v. Widmann |
54 SMU Law Review 453 (Winter 2001) |
SEMINOLE Tribe of Fla. v. Florida marked the advent of a new wave of Eleventh Amendment jurisprudence. Overruling Pennsylvania v. Union Gas Co., the Supreme Court held that the Eleventh Amendment estops Congress from using its Article I power to authorize suits by private individuals against non-consenting states. The Court noted, however, that... |
2001 |
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| Lea Brilmayer , Natalie Klein |
Land and Sea: Two Sovereignty Regimes in Search of a Common Denominator |
33 New York University Journal of International Law & Politics 703 (Spring 2001) |
The coastal State has inherent and primordial rights over the continental shelf, which, unlike other rights of a territorial nature, are not susceptible of being subverted by any of the recognized legal means, such as prescription . . . . No adverse interest is capable of derogating in any way from these rights. The international legal regimes for... |
2001 |
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| John C. Yoo |
Laws as Treaties?: the Constitutionality of Congressional-executive Agreements |
99 Michigan Law Review 757 (February, 2001) |
Introduction. 758 I. Congressional-Executive Agreements and the Internationalist Vision. 764 A. The Current Importance of Congressional-Executive Agreements. 764 1. The Explosion of Congressional-Executive Agreements. 765 2. The Lack of Textual Support. 768 3. Interchangeability with Treaties. 771 B. The Defects of Interchangeability. 773 1. The... |
2001 |
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| Diana J. Eitman |
Maintaining Sovereignty and the Tropical Rainforests: the Promise of Debt-for-nature Swaps |
24-SPG Environs Environmental Law and Policy Journal 29 (Spring, 2001) |
L1-3,T3Introduction 30 I. L2-3,T3Major Causes of Deforestation 31 A. Agricultural Practices. 31 B. Logging and Mining. 32 C. Cattle Ranching. 33 D. Underlying Causes. 33 II. L2-3,T3Effects of Deforestation 34 A. Local Impacts. 34 B. Regional Impacts. 35 C. Global Impacts. 35 III. L2-3,T3Local Political Issues Hindering Preservation 36 IV.... |
2001 |
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| Glen Kelley , Winner: 2000 Dorsey & Whitney Student Writing Prize in Comparative and International Law |
Multilateral Investment Treaties: a Balanced Approach to Multinational Corporations |
39 Columbia Journal of Transnational Law 483 (2001) |
Multinational corporations (MNCs) play an important role in the international community, and their foreign direct investment (FDI) can bring substantial benefits to the citizens of developing states. However, FDI by MNCs can also bring negative social consequences, and it has led to a small but substantial number of gross violations of basic... |
2001 |
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| Bryan Nickels |
Native American Free Passage Rights under the 1794 Jay Treaty: Survival under United States Statutory Law and Canadian Common Law |
24 Boston College International and Comparative Law Review 313 (Spring, 2001) |
Abstract: Since 1794, Native American groups in both the United States (U.S.) and Canada have enjoyed the right of free passage across the U.S.-Canadian border per the provisions of the Jay Treaty. However, development and recognition of this right have taken decidedly different courses: while the U.S. has treated the right very liberally under... |
2001 |
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No Authority under Bankruptcy Clause to Abrogate State Sovereign Immunity |
11-MAR Journal of Multistate Taxation and Incentives 37 (March/April, 2001) |
In U.S. v. Gosselin, 252 Bkrptcy. Rptr. 854, 2000 WL 1262532 (DC Mass., 2000), a federal district court for the district of Massachusetts held that the state was entitled to sovereign immunity, barring the discharge in federal bankruptcy court of the petitioner's state income tax liability. The district court held that notwithstanding the... |
2001 |
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| Gavin Clarkson |
Not Because They Are Brown, but Because of Ea : Rice v. Cayetano, 528 U.s. 495 (2000) |
24 Harvard Journal of Law & Public Policy 921 (Summer, 2001) |
I. L2-3,T3Introduction 921 II. L2-3,T3Contextual Perspective on Relevant History 923 A. L2-3,T3Pre-contact 924 B. L2-3,T3Treaty Making and Removal (1789-1871) 925 C. L2-3,T3Allotment and Assimilation (1871-1928) 929 D. L2-3,T3The Period of Indian Reorganization (1928-1945) 934 E. L2-3,T3The Termination Period (1945-1961) 936 F. L2-3,T3The Era of... |
2001 |
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| Louise Weinberg |
Of Sovereignty and Union: the Legends of Alden |
76 Notre Dame Law Review 1113 (June, 2001) |
Introduction. 1114 I. Situating Alden. 1118 A. The Struggle over Union Gas. 1121 B. Ex parte Young. 1129 C. The Diversity Theory Controversy. 1131 D. Take That, Henry Hart!. 1141 II. The Wages of Federalism. 1141 A. Fiscal Fancies: Little Luxuries and Staggering Burdens. 1141 B. Overshooting the Garcia Target. 1145 III. The Magic Mountain: A... |
2001 |
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| Jonathan Shafter |
Original Intentions and International Reality: States, Sovereignty, and the Misinterpretation of Alienage Jurisdiction in Matimak v. Khalily |
39 Columbia Journal of Transnational Law 729 (2001) |
In 1997 the U.S. Court of Appeals, Second Circuit, rendered its decision in the case of Matimak v. Khalily . The Matimak case raised several questions concerning what parties may secure federal jurisdiction through the provision of alienage jurisdiction in Article III of the Constitution. In Matimak, the Second Circuit refused alienage jurisdiction... |
2001 |
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| Stanton K. Oishi |
Patricia N. v. Lemahieu: Abrogation of State Sovereign Immunity under Title Ii of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act after Board of Trustees v. Garrett |
24 University of Hawaii Law Review 347 (Winter, 2001) |
Over two centuries ago, Alexander Hamilton wrote, [i]t 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 . . . is now enjoyed by the government of every State in the Union. The issue of state sovereign... |
2001 |
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| Chad J. Kutmas |
Piercing Sovereign Immunity in Bankruptcy: Myth or Reality? |
37 Tulsa Law Review 457 (Fall 2001) |
There are two United States Supreme Court cases, Seminole Tribe of Florida v. Florida and Alden v. Maine, which create an impenetrable state sovereign immunity rule under the Eleventh Amendment. These two cases, when combined, support the unconscionable proposition that a citizen of a state cannot sue the state in federal or state court for a... |
2001 |
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| John Yoo |
Politics as Law?: the Anti-ballistic Missile Treaty, the Separation of Powers, and Treaty Interpretation |
89 California Law Review 851 (May, 2001) |
According to Reagan administration officials, the crusade to develop a shield against nuclear missile attack began during Ronald Reagan's second Presidential campaign. In July 1979, the future President visited the North American Aerospace Defense Command (NORAD), the high-tech command center built deep in the granite core of Cheyenne Mountain,... |
2001 |
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| Herman Belz |
Popular Sovereignty, the Right of Revolution, and California Statehood |
6-SPG NEXUS: A Journal of Opinion Opinion 3 (Spring, 2001) |
The history of California statehood in the 1840s illustrates the reciprocal relationship that exists between liberty and union as ends of American constitutionalism under the social contract theory of government. In the era of the American Revolution, the philosophy of social contract provided a language of mutual obligation between citizens and... |
2001 |
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| B. Andrew Bednark |
Preferential Treatment: the Varying Constitutionality of Private Scholarship Preferences at Public Universities |
85 Minnesota Law Review 1391 (May, 2001) |
Preference-based scholarships at public universities are under legal attack throughout the country. Curiously, the challenges emanate from all ideological directions. From the left, in Michigan, the ACLU filed suit in June 2000 accusing the state of discriminating against racial minority students by awarding scholarships solely on the basis of test... |
2001 |
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Prison/jail: Treatment/conditions |
25 Mental & Physical Disability Law Reporter 869 (September-October, 2001) |
A New York federal court dismissed an inmate's claims that defendants violated the Americans with Disabilities Act (ADA) Title II, 42 U.S.C. § §12131-12165, and the Rehabilitation Act §504, 29 U.S.C. §794, by placing him in a non-wheelchair accessible cell and denying him outdoor recreation, and the Eighth Amendment by deliberately disregarding his... |
2001 |
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| Robert W. Scheef |
'Public Citizens' and the Constitution: Bridging the Gap Between Popular Sovereignty and Original Intent |
69 Fordham Law Review 2201 (April, 2001) |
I sincerely congratulate the citizens of America upon the fair prospect which now presents itself to their view; and promises a long reign of virtue, happiness, and glory, as the result of a constitution which is the real vox populi so often ardently desired by mankind, in vain, and now, for the first time, discovered by the patriotic sages of... |
2001 |
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| René Bowser |
Racial Bias in Medical Treatment |
105 Dickinson Law Review 365 (Spring 2001) |
There is absolutely no doubt that Mr. North [a Black patient] is treated differently than my White, middle-class patients are treated . . . Every time I send him to a new consultant, I call ahead with an introduction. I tell them how smart Mr. North is, how compliant he is with every aspect of his treatment, and how he knows so much about his... |
2001 |
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| René Bowser |
Racial Profiling in Health Care: an Institutional Analysis of Medical Treatment Disparities |
7 Michigan Journal of Race and Law 79 (Fall 2001) |
INTRODUCTION. 80 I. Seeking Treatment While Black: Empirical Evidence of Racial Discrimination. 83 A. The Schulman Study. 84 B. The Provision of Medicare Services. 85 C. Managed Care. 87 D. Acute Care Settings. 89 II. Poverty of Existing Explanations of Racial Disparity. 91 A. Cultural Preferences. 92 B. Overuse by Whites. 95 C. Unconscious Racism.... |
2001 |
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| Chris Flack |
Recent Decision of the United States Court of Appeals for the District of Columbia Circuit: Federal Sovereign Immunity |
69 George Washington Law Review 656 (May, 2001) |
In Galvan v. Federal Prison Industries, a unanimous panel of the D.C. Circuit determined that Federal Prison Industries (FPI), a wholly-owned governmental corporation chartered by Congress to provide employment for federal prisoners, remained immune from suit under the False Claims Act (FCA) because neither its organic statute nor any other... |
2001 |
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