AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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  
Wallace Coffey, Rebecca Tsosie Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 Stanford Law and Policy Review 191 (Spring, 2001) Cultural sovereignty is the heart and soul that you have, and no one has jurisdiction over that but God. Wallace Coffey (Comanche) This article is the result of a dialogue between colleagues who live and work within a particular universe which Indian people know very well and non-Indians know very little: the cultural existence of an Indian nation... 2001 Yes
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  
Annmarie M. Liermann Seeking Sovereignty: the Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy 41 Santa Clara Law Review 509 (2001) In January 1993, the United States took the extraordinary step of apologizing for its wrongdoing. Even more extraordinarily, the United States issued this apology to a native people. Public Law 103-150 (Apology Resolution) apologized to the Hawaiians who, prior to the illegal overthrow of their government with the help of the United States in... 2001 Yes
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 § 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  
Alfred R. Light Sovereignty Myths and Intergovernmental Realities: the Etiquette of Tribal Federalism 14 Saint Thomas Law Review 373 (Winter, 2001) I. Sovereignty Myths. 375 II. Intergovernmental Relations Realities. 379 III. The Anti-Conscription Principle and Inherent Tribal Sovereignty. 384 IV. Printz Contrasted with Hicks. 388 V. Conclusion. 391 It is written that no prophet is accepted in his hometown. Perhaps this accounts for the calls from American Indian Law scholars to other legal... 2001 Yes
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  
John P. LaVelle Strengthening Tribal Sovereignty Through Indian Participation in American Politics: a Reply to Professor Porter 10-SPG Kansas Journal of Law & Public Policy 533 (Spring, 2001) I hope that we have had enough fighting amongst ourselves. The occasion for this essay came about in a peculiar way. I missed the first day of fall 2000 classes at the University of South Dakota School of Law because my wife and I were attending the Democratic National Convention in Los Angeles. When I returned to my office at the law school, I... 2001 Yes
Jeffrey A. Dempsey Surfing for Wampum: Federal Regulation of Internet Gambling and Native American Sovereignty 25 American Indian Law Review 133 (2000-2001) With the recent explosion in the use of the Internet and computer technology, the federal government has been struggling to keep up. Some federal laws in place now were written years ago and do not seem to apply to the new areas opened by technology. It has been observed that: [m]ost state and federal anti-gambling statutes were written before the... 2001 Yes
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  
Mary Christina Wood The Tribal Property Right to Wildlife Capital (Part Ii): Asserting a Sovereign Servitude to Protect Habitat of Imperiled Species 25 Vermont Law Review 355 (Winter, 2001) Across the country, native nations currently face one of the greatest threats ever to their traditional livelihoods: the extinction of species they have harvested for millennia. Because federal statutes such as the Endangered Species Act have largely failed to protect wildlife populations from imperilment, tribes are beginning to look to their... 2001 Yes
Mary Christina Wood The Tribal Property Right to Wildlife Capital (Part Ii): Asserting a Sovereign Servitude to Protect Habitat of Imperiled Species 25 Vermont Law Review 355 (Winter, 2001) Across the country, native nations currently face one of the greatest threats ever to their traditional livelihoods: the extinction of species they have harvested for millennia. Because federal statutes such as the Endangered Species Act have largely failed to protect wildlife populations from imperilment, tribes are beginning to look to their... 2001 Yes
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  
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