AuthorTitleCitationSummaryYearKey Terms
Joseph M. Pellicciotti Redefining the Relationship Between the States and the Federal Government: a Focus on the Supreme Court's Expansion of the Principle of State Sovereign Immunity 11 Boston University Public Interest Law Journal L.J. 1 (Fall, 2001) The United States Supreme Court has handed down a number of decisions over the past decade that have markedly altered the relationship between the states and the national government in the American federal system. These decisions have enhanced states' rights by defining more broadly the constitutional limitations on the national government to act... 2001  
Joseph W. Dellapenna Refining the Foreign Sovereign Immunities Act 9 Willamette Journal of International Law and Dispute Resolution 57 (2001) I. L2-4,T4Introduction 58 II. L2-4,T4Suits Against Foreign States 62 A. L3-4,T4Identifying a Foreign State 63. B. L3-4,T4Establishing Judicial Competence 66. C. L3-4,T4Personal Jurisdiction and Venue 68. D. L3-4,T4Other Common Issues 70. 1. Service of Process. 71 2. The Place and Manner of Trial. 73 3. The Rule of Decision (Choice-of-Law). 74 E.... 2001  
Jane Rutherford Religion, Rationality, and Special Treatment 9 William & Mary Bill of Rights Journal 303 (February, 2001) Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty.... 2001  
  Restructuring the Modern Treaty Power 114 Harvard Law Review 2478 (June, 2001) The treaty power of the Constitution has attained a new importance in recent years. Despite concerns about the impact of international law on national sovereignty, the United States has greatly expanded its participation in multilateral agreements that touch on subjects traditionally considered to be purely domestic. For example, the United States... 2001  
Glenda J. Pearson Rohn's World Treaty Index: its past and Future 29 International Journal of Legal Information 543 (Winter, 2001) The question of national self interest reconciled to the demands of a treaty obligation inevitably calls upon a different level of perception than pure self-interest, outside such a system, invites. Maxwell Cohen The World Treaty Index (WTI), first published in print form in 1974, has been a mainstay of treaty research for over a quarter of a... 2001  
James A. Timko Section 525 (A) of the Bankruptcy Code and Sovereign Immunity: the Supreme Court's Creation of a Super Creditor 17 Bankruptcy Developments Journal 605 (2001) The issue of sovereign immunity has been the subject of several of the United States Supreme Court's recent decisions. In two different decisions, the Court held that states cannot be sued in federal court or even in state courts if they are being sued pursuant to federal laws enacted under Article I of the Constitution. However, if the state... 2001  
Dana R. Gotfredsen Seeking Comfort in America: Why an Amendment to the Foreign Sovereign Immunities Act Is the Most Effective Means of Holding Foreign Governments Accountable for Gender-based Crimes 15 Emory International Law Review 647 (Fall 2001) On September 18, 2000, fifteen Asian women filed a class-action lawsuit against Japan in the United States District Court for the District of Columbia, seeking compensation and an apology for their forced enslavement and repeated rapes by the Japanese military during World War II. In their complaint, the women, referred to as comfort women,... 2001  
Adam J. Rosen Slaughtering Sovereignty: How Congress Can Abrogate State Sovereign Immunity to Enforce the Privileges or Immunities Clause of the Fourteenth Amendment 11 Temple Political & Civil Rights Law Review 111 (Fall 2001) The sovereign immunity of the states as a procedural bar to private litigation in the federal courts has created a subclass of employees within the scope of the federal anti-discrimination laws. Employees working in the economy's private sector are generally capable of utilizing the statutory remedies available under such laws. However, the... 2001  
Adam J. Rosen Slaughtering Sovereignty: How Congress Can Abrogate State Sovereign Immunity to Enforce the Privileges or Immunities Clause of the Fourteenth Amendment 11 Temple Political & Civil Rights Law Review 111 (Fall 2001) The sovereign immunity of the states as a procedural bar to private litigation in the federal courts has created a subclass of employees within the scope of the federal anti-discrimination laws. Employees working in the economy's private sector are generally capable of utilizing the statutory remedies available under such laws. However, the... 2001  
Michael J. Zimmer Slicing & Dicing of Individual Disparate Treatment Law 61 Louisiana Law Review 577 (Summer, 2001) This article discusses the decision of the Supreme Court in Reeves v. Sanderson Plumbing Products, Inc. This case may be an even more important individual disparate treatment case than the Supreme Court's 1993 decisions in Hazen Paper Co. v. Biggins, and St. Mary's Honor Center v. Hicks. After Hicks, Professor Deborah Malamud analyzed all of the... 2001  
Dermot McCann Small States in Globalizing Markets: the End of National Economic Sovereignty? 34 New York University Journal of International Law & Politics 281 (Fall 2001) Globalization presents a challenge to sovereign states. In a growing number of areas, stretching from trade in goods and services to rules on investment, environmental, and competition policy, national systems are subject to an increasing number of external restrictions. Governments find their economic and social policy choices ever more... 2001  
Matthew Mustokoff Sovereign Immunity and the Crisis of Constitutional Absolutism: Interpreting the Eleventh Amendment after Alden v. Maine 53 Maine Law Review 81 (2001) I. L2-3Introduction II. L2-3The General Practice of Mankind: The Absolutist Message of Alden and the Ever-Expanding Universe of State Sovereign Immunity III. L2-3The Anti-Sovereignty Discourse of Remedy: A Meta-Originalist Narrative IV. L2-3Disputing the Indisputable: Sovereignty and Minimalism A. Can Eleventh Amendment Jurisprudence Proceed One... 2001  
Steven M. Wachstein Sovereign Immunity: the Effect upon a Debtor's Attempt to Discharge Student Loans under ยง 523(a)(8) of the Bankruptcy Code 70 University of Cincinnati Law Review 251 (Fall, 2001) Article I, Section 8, Clause 4 of the United States Constitution provides that [the] Congress shall have Power . . . [t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States[.] In the early part of the nineteenth century, bankruptcy laws were primarily instituted to assist creditors with debt collection. For... 2001  
  Sovereignty 2000-01 Preview of United States Supreme Court Cases 474 (8/2/2001) For Case Analysis: See ABA preview 380 (April 10, 2001) When it entered the Union, did Idaho retain its sovereign interest in certain submerged lands beneath Lake Coeur d'Alene and the St. Joe River? No. The Court ruled that when Idaho was admitted to the Union, the federal government intended to retain the submerged lands in trust for the Coeur... 2001  
Danielle S. Petito Sovereignty and Globalization: Fallacies, Truth, and Perception 17 New York Law School Journal of Human Rights 1139 (Summer 2001) Public debate may still be hostage to the outdated vocabulary of political borders, but the daily realities facing most people in the developed and developing worlds . . . speak . . . differently . . . Theirs is the language of an increasingly borderless economy . . . [in which] the primary features of the landscape--the traditional nation-states... 2001  
Earl M. Maltz Sovereignty, Autonomy and Conditional Spending 4 Chapman Law Review 107 (Spring 2001) One of the most conspicuous features of the Rehnquist era has been the revival of the concept of enumerated powers as an important theme in constitutional jurisprudence. In the period from 1937 through 1995, the Court routinely concluded that the Commerce Clause granted the federal government power to regulate private activities which were... 2001  
Father Robert Araujo Sovereignty, Human Rights, and Self-determination: the Meaning of International Law 24 Fordham International Law Journal 1477 (June, 2001) Genuine cultural diversity demands more than the mere preservation of colourful artistic facets. A nation's right to its own culture presupposes the safeguard and the opportunity to exercise the nation's right to freely shape its life according to its own traditions, conditioned only by the full respect of human rights, and not by the overbearing... 2001  
Neil S. Siegel State Sovereign Immunity and Stare Decisis: Solving the Prisoners' Dilemma Within the Court 89 California Law Review 1165 (July, 2001) I remain convinced that Union Gas was correctly decided and that the decision of five Justices in Seminole Tribe to overrule that case was profoundly misguided. Despite my respect for stare decisis, I am unwilling to accept Seminole Tribe as controlling precedent. . . . [B]y its own repeated overruling of earlier precedent, the majority has itself... 2001  
James Eugene Fitzgerald State Sovereign Immunity: Searching for Stability 48 UCLA Law Review 1203 (June, 2001) During the last decade, the Supreme Court flip-flopped between subconstitutionalist and superconstitutionalist interpretations of the eleventh amendment doctrine of state sovereign immunity. The result has been a lack of predictability as the abandonment of stare decisis makes the most recent interpretation of state sovereignty no more reliable... 2001  
James A. Ewing The 1972 U.s.-soviet Abm Treaty: Cornerstone of Stability or Relic of the Cold War? 43 William and Mary Law Review 787 (December, 2001) With Cold War tensions running high in May of 1972, the United States and the Union of Soviet Socialist Republics signed a treaty limiting the development and deployment of anti-ballistic missile (ABM) systems. The ABM Treaty covered defensive systems designed to shield their respective nations from nuclear missile attack. In simple terms, the... 2001  
Richard H. Seamon The Asymmetry of State Sovereign Immunity 76 Washington Law Review 1067 (October, 2001) Abstract: This Article discusses whether a State has sovereign immunity from claims for just compensation. The Article concludes that the States are indeed immune from just-compensation suits brought against them in federal court; States are not necessarily immune, however, from just-compensation suits brought against them in their own courts of... 2001  
Joshua Spector The Cuba Triangle: Sovereign Immunity, Private Diplomacy, and State (In-)Action. Reverberations of the "Brothers to the Rescue' Case. 32 University of Miami Inter-American Law Review 321 (Spring-Summer 2001) I. Introduction. 322 II. Background. 323 III. Alejandre v. Republic of Cuba. 328 IV. Operacion Escorpion. 332 V. The United Nations Millennium Summit. 335 VI. The U.S. Action Against Noriega3. 338 VII. Brothers to the Rescue: Private Interference with U.S. Foreign Policy. 344 A. The Logan Act. 344 B. The Neutrality Act. 348 VIII. Rounding out the... 2001  
Stephanie C. Bovee The Family Medical Leave Act: State Sovereignty and the Narrowing of Fourteenth Amendment Protection 7 William and Mary Journal of Women and the Law 1011 (Spring, 2001) As many Americans struggled to balance the demands of both work and family life, President Clinton signed the Family Medical Leave Act (FMLA) into law in 1993. The FMLA was the culmination of several years of debate about family policy. As more women entered the workforce, the traditional role of women as the sole caretakers of the home and... 2001  
David A. Colson The Impact of Federalism and Border Issues on Canada-u.s. Relations: Pacific Salmon Treaty 27 Canada-United States Law Journal 259 (2001) Thank you very much for the invitation to participate in this important annual event sponsored by the Canada-United States Law Institute. I am particularly delighted to have the opportunity to share the podium with my colleague, Professor Don McRae. The subject is the Pacific Salmon dispute between the United States and Canada with a particular... 2001  
J. Michael McGuinness The Impact of Village of Willowbrook v. Olech on Disparate Treatment Claims 17 Touro Law Review 595 (Spring, 2001) Good afternoon. I am here to address equal protection law and Village of Willowbrook v. Olech. Willowbrook is the latest word from the Supreme Court on one of the most fascinating issues of our time. Willowbrook is also the first case in at least ten years that the Supreme Court has had the occasion to touch upon this issue. The issue is this: to... 2001  
Robert John Araujo, S.J. The International Personality and Sovereignty of the Holy See 50 Catholic University Law Review 291 (Winter 2001) Go therefore and make disciples of all nations . . . . Go into all the whole world and proclaim the good news to the whole creation. And I tell you, you are Peter, and on this rock I will build my church, and the gates of Hades will not prevail against it. I will give you the keys of the kingdom of heaven, and whatever you bind on earth will... 2001  
  The Irrational Application of Rational Basis: Kimel, Garrett, and Congressional Power to Abrogate State Sovereign Immunity 114 Harvard Law Review 2146 (May, 2001) Congress has frequently relied on both the Commerce Clause and the Equal Protection Clause to enact federal antidiscrimination legislation. Such legislation has helped members of minority groups preserve their civil, political, and social rights in the face of intentional discrimination and irrational prejudice. But in recent years, the Supreme... 2001  
Lauren Benton The Laws of this Country: Foreigners and the Legal Construction of Sovereignty in Uruguay, 1830-1875 19 Law and History Review 479 (Fall, 2001) State making in nineteenth-century colonial settings involved contests over the configuration of plural legal systems. Colonial powers limited the jurisdiction of colonial courts and adopted complex, shifting rules for the articulation of imposed and indigenous law. The politics of legal pluralism in such settings became tied to discourse about... 2001  
Tracy Collins The Pharmaceutical Companies Versus Aids Victims: a Classic Case of Bad Versus Good? A Look at the Struggle Between International Intellectual Property Rights and Access to Treatment 29 Syracuse Journal of International Law and Commerce 159 (Fall 2001) For many years, a struggle has existed between the drug industry and acquired immunodeficiency syndrome (hereinafter AIDS) activists. At issue is the inability of many AIDS patients in developing countries such as South Africa to obtain the medicines that can help treat them. Activists maintain that the patent protection afforded to new drugs... 2001  
Norbert Ehrenfreund , Lise Breakey The Proposed Equal Treatment Act of the Slovak Republic and the Need for a Public Accommodations Provision 24 Thomas Jefferson Law Review 17 (Fall 2001) Like many countries of Central and Eastern Europe freed from the grip of Communism, the Slovak Republic is engaged in building a democratic state from the ground up. In an effort to assist the process of legal reform in the region, and in the New Independent States of the former Soviet Union, the American Bar Association developed the Central and... 2001  
Jason R. Harris The Protection of Sunken Warships as Gravesites at Sea 7 Ocean and Coastal Law Journal 75 (2001) I. Introduction. 77 II. Background. 80 A. International Law of the Sea. 80 1. High Seas. 80 2. Territorial Waters. 80 3. Contiguous Zone. 81 4. Exclusive Economic Zone. 81 5. The Continental Shelf. 82 6. UNCLOS Proposals Relating to the Appropriate Treatment of Sunken Warships. 83 B. International Law of the Sea--Cultural Property. 85 C. Domestic... 2001  
Peter L. Lallas The Role of Process and Participation in the Development of Effective International Environmental Agreements: a Study of the Global Treaty on Persistent Organic Pollutants (Pops) 19 UCLA Journal of Environmental Law & Policy 83 (2000/2001) The number of treaties in the environmental field has grown markedly in the past thirty years, as people and societies have become increasingly aware of, and concerned about, the health of the global environment. Studies of these treaties have considered a number of questions relevant to their effectiveness. Some offer an in-depth review of key... 2001  
Brian A. Snow , William E. Thro The Significance of Blackstone's Understanding of Sovereign Immunity for America's Public Institutions of Higher Education 28 Journal of College and University Law 97 (2001) Almost two and a half centuries after William Blackstone wrote his monumental Commentaries on the Laws of England, the influence of Blackstone on American law is both widespread and profound. Some of Blackstone's legacy, particularly in the area of criminal law and torts, is obvious to even the most casual student of legal history. Other aspects of... 2001  
John K. Flanagan The Treaty of St. Louis and Black Hawk's Bitterness 21 Northern Illinois University Law Review 405 (2001) In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians.... 2001  
Detlev F. Vagts The United States and its Treaties: Observance and Breach 95 American Journal of International Law 313 (April, 2001) The commitment of the United States to its treaty obligations has recently been put in question by two persistent histories of treaty violationthe refusal to pay U.S. United Nations dues in full until the contentious and tenuous settlement of early 2001 and the repeated failure to advise alien prisoners of their rights under the Vienna Convention... 2001  
Read Sawczyn The United States Immigration Policy Toward Cuba Violates Established Maritime Policy, it Does Not Curtail Illegal Immigration, and Thus Should Be Changed So That Cuban Immigrants Are Treated Similarly to Other Immigrants 13 Florida Journal of International Law 343 (Summer, 2001) I. L2-4,T4Introduction 344 A. L3-4,T4Cuban Plane Crash off of Key West 344 B. L3-4,T4Elian Gonzalez Rescue 345 C. L3-4,T4Issues Discussed 346 II. L2-4,T4Background 346 A. L3-4,T4United States Immigration Policy Towards Cubans 346 B. L3-4,T4United States Policy Towards its Territorial Sea and the High Seas 349 III. L2-4,T4Analysis 350 A.... 2001  
Gregory C. Shaffer The World Trade Organization under Challenge: Democracy and the Law and Politics of the Wto's Treatment of Trade and Environment Matters 25 Harvard Environmental Law Review Rev. 1 (2001) Hey-Hey! Ho-Ho! The WTO has got to go! chanted a potpourri of protestors at the third Ministerial Meeting of the World Trade Organization (WTO), held in Seattle, Washington, in December 1999. Mainstream U.S. environmental groups formed a core part of the protests, having taken the lead in challenging the legitimacy of WTO decision-making... 2001  
J. Patrick Kelly The Wto and Global Governance: the Case for Contractual Treaty Regimes 7 Widener Law Symposium Journal 109 (Spring, 2001) This article examines the proper allocation of authority between the World Trade Organization (WTO) and nation-states in the context of increasing demands on the WTO to expand its reach to include environmental concerns, human rights, and other social issues. The linking of trade with other issues has a long pedigree. The General Agreement on... 2001  
Charles Wood, The Montana Lawyer Things Looking up for the Court 26-MAR Montana Lawyer Law. 6 (March, 2001) Surrounded by a foot and a half of snow, everything at the Justice Building in Helena, home of the Montana Supreme Court, seemed to be coming up roses. As light from midwinter's first real sunny day poured in through the acres of glass in the chief justice's expansive office, Karla Gray, who had held the chief justice's job for less than two... 2001  
Mark A. Williams , Kent N. Schneider Timber Dispositions: a Primer on Obtaining Favorable Tax Treatment 57 Journal of the Missouri Bar 24 (January-February, 2001) Federal income taxation of timber dispositions depends upon the structure of the transaction. The owner has the choice of cutting the timber, entering into a pay-as-cut agreement, or selling the standing timber. Using a flowchart, this article analyzes each of these options and identifies the opportunities and pitfalls presented to the tax... 2001  
Benjamin C. Mizer Toward a Motivating Factor Test for Individual Disparate Treatment Claims 100 Michigan Law Review 234 (October, 2001) Introduction. 234 I. Making (Non)Sense of It All: Price Waterhouse and the Civil Rights Act of 1991. 243 A. Price Waterhouse, Mixed Motives, and the Direct Evidence Requirement. 244 B. The Plain Language of the Civil Rights Act. 248 1. T he 1991 Act: Congress Responds to the Supreme Court. 248 2. The Text. 250 C. Legislative History of the Civil... 2001  
Peter J. Spiro Treaties, Executive Agreements, and Constitutional Method 79 Texas Law Review 961 (April, 2001) Foreign relations law presents a particularly fertile field in which to explore constitutional dynamics. In sharp contrast to other areas of constitutional law, the courts have stood in the shadows where our interac-tion with other nations is implicated. Far from emphatically telling us what the law is, the courts have said almost nothing about the... 2001  
Angela C. Blandino Treatment of Tax-exempt Entities in Louisiana 47 Loyola Law Review 1539 (Winter 2001) The thought of Louisiana conjures pleasant images in the minds of many people: Mardi Gras, jazz, Cajun Country, historic plantation homes, fishing, and, of course, fantastic food. Unfortunately, many of its citizens are unable to enjoy the amenities the state has to offer, as Louisiana has one of the highest percentages of impoverished and... 2001  
John Norton Moore Treaty Interpretation, the Constitution and the Rule of Law 42 Virginia Journal of International Law 163 (Fall 2001) I. Introduction: Great Case and Bad Law. 164 II. Issues and Non-Issues: The Wheat, the Chaff, and the Hidden Virus. 177 III. Disarming the Virus: Dual Versus Unitary Theories of Treaty Interpretation. 190 A General Note on Constitutional Interpretation. 190 B. Constitutional Text and the Treaty Power. 192 C. Constitutional Theory, History and... 2001  
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001  
Jonathan M. Matzner When Category Ii Meets Category Iii: Sovereign Immunity or Liability for the Criminal Acts of Third Parties on Municipally Owned Property 30 Stetson Law Review 1019 (Winter, 2001) In City of Belle Glade v. Woodson, the Fourth District Court of Appeal was presented with the issue of whether a municipality is entitled to sovereign immunity when a plaintiff brings a personal injury suit as a result of a third-party criminal attack on city-owned property. Woodson presents a hybrid in sovereign immunity case law that has not yet... 2001  
Shannon A. Middleton Women's Rights Unveiled: Taliban's Treatment of Women in Afghanistan 11 Indiana International & Comparative Law Review 421 (2001) I have four children. Life is very difficult under the Taliban, especially because of what they have done to women. During the past year, I have been out of my house only three times, always accompanied by a male family member, or my husband. Once, I went to the baker's [sic]. There I saw another woman. She was picking up some bread, and her... 2001  
Matthew S. Cunningham A Shift in the Balance of Power: Alden v. Maine and the Expansion of State Sovereign Immunity at Congress' Expense 35 Wake Forest Law Review 425 (Summer 2000) In Alden v. Maine, the United States Supreme Court held that a group of probation officers could not seek monetary damages for violations of the Fair Labor Standards Act (FLSA) by their employer, the State of Maine. The Alden Court held that the probation officers' suit was barred by the doctrine of sovereign immunity because Maine was a... 2000  
Charles Tiefer Adjusting Sovereignty: Contemporary Congressional-executive Controversies about International Organizations 35 Texas International Law Journal 239 (Spring 2000) II. Rise of the Adjustable System. 244 A. From the 1920s to the 1980s. 244 B. After the Cold War. 247 III. Congressional-Executive Adjustment Controversies of 1997-99. 249 A. Conditional Commitments: IMF Expansion and Voice and Vote Conditions. 249 B. Resistance: United Nations Dues and Killer Amendments . 252 C. Partial Votes, Symbolic... 2000  
Jeffrey H. Canja Alden v. Maine and State Sovereign Immunity Original Intent or an Intent "Congenial to the Court's Desires"? 48 Cleveland State Law Review 503 (2000) I. L2-5,T5Introduction 503 II. L2-5,T5Background 504 III. L2-5,T5The Decision 519 A. L3-5,T5Facts and Procedural History 519 B. L3-5,T5The Decision 521 1. L4-5,T5The Majority Opinion 521. a. Original Intent. 522 b. Structuralism. 524 c. Precedent. 526 d. Conclusion. 527 2. L4-5,T5The Dissenting Opinion 528. a. Original Intent. 528 b. Structuralism.... 2000  
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