AuthorTitleCitationSummaryYearKey Terms
Paul W. Kahn American Hegemony and International Law Speaking Law to Power: Popular Sovereignty, Human Rights, and the New International Order 1 Chicago Journal of International Law L. 1 (Spring 2000) Hegemony is a concept of political power. It speaks to a global order structured by asymmetries of power. Modern law, in contrast, begins with an idea of equality among subjects. For domestic law, this is an equality among individuals; for international law, it is an equality among states. Legal outcomes are determined by identifying claims of... 2000  
Scott D. Nelson Big Brother Stole My Patent: the Expansion of the Doctrine of State Sovereign Immunity and the Dramatic Weakening of Federal Patent Law 34 U.C. Davis Law Review 271 (Fall 2000) Introduction. 273 I. Background. 275 A. Congress's Fourteenth Amendment Power to Abrogate State Soveriegn Immunity. 275 B. Other Exceptions to Sovereign Immunity: Ex parte Young, Discretionary Grants, and Implied Waivers. 280 1. Discretionary Waivers. 280 2. The Ex parte Young Doctrine. 281 3. Congress's Commerce Clause Power to Abrogate State... 2000  
Steve France 'Class of One' 86-APR ABA Journal 35 (April, 2000) Depending on how things shake out, the Supreme Court's decision allowing Grace Olech to sue a suburb of Chicago could be among the least important--or most significant--cases of the term. The decision actually does not seem all that unusual: Olech's complaint against the village of Willow-brook, Ill., states a claim under the equal protection... 2000  
Mary L. Senkbeil Constitutional Law 26 William Mitchell Law Review 1235 (2000) In the past year, the Supreme Court revisited its interpretation of state sovereign immunity. Only eleven years ago, the Court issued an opinion broadly construing Congress' power to override states' immunity to suit. More recently a new majority has begun to reign in and overrule prior decisions while expounding on the history of federalism. In... 2000  
Chad Alston Horner Constitutional Law Ii-eleventh Amendment Sovereign Immunity 22 University of Arkansas at Little Rock Law Review 777 (Summer, 2000) In Alden v. Maine, the United States Supreme Court addressed whether Congress can require the State of Maine to defend a Fair Labor Standards Act action in its own state courts. A group of Maine probation officers sued the state, under the Fair Labor Standards Act, to collect unpaid overtime compensation. They initially brought the action in the... 2000  
  Constitutional Law--state Sovereign Immunity--fifth Circuit Holds That Eleventh Amendment Bars Qui Tam Suits Against States When the Department of Justice Does Not Intervene.--united States ex Rel. Foulds v. Texas Tech University, 171 F.3d 279 (5th Cir. 1 113 Harvard Law Review 1057 (February, 2000) Over the past eight years, the circuits have considered whether the Eleventh Amendment bars suits against states by qui tam plaintiffs when the Department of Justice chooses not to intervene. The first four circuits to reach the issue concluded that qui tam actions were effectively suits by the United States, and that the states' sovereign immunity... 2000  
  Constitutional Law--treaty Clause--district Court Holds That Nafta Is a Valid Exercise of the Foreign Commerce Power.--made in the Usa Foundation v. United States, 56 F. Supp. 2d 1226 (N.d. Ala. 1999). 113 Harvard Law Review 1234 (March, 2000) On November 20, 1993, Congress passed legislation approving and implementing the North American Free Trade Agreement (NAFTA), marking the end of a long political struggle over the wisdom of continental free trade. The vote prompted a new legal battle, however, over whether NAFTA is constitutional despite having failed to receive two-thirds Senate... 2000  
H. Jefferson Powell , Benjamin J. Priester Convenient Shorthand: the Supreme Court and the Language of State Sovereignty 71 University of Colorado Law Review 645 (Summer 2000) Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription and federal court litigation. In addition, the Court has broadened the effective... 2000  
Catharine A. MacKinnon Disputing Male Sovereignty: on United States v. Morrison 114 Harvard Law Review 135 (November, 2000) Last Term, in United States v. Morrison, the Violence Against Women Act (the VAWA) became one of only two federal laws against discrimination to be invalidated by the United States Supreme Court since Reconstruction. In passing the VAWA, Congress sought to remedy well-documented inadequacies in existing laws against domestic violence and sexual... 2000  
Chrystal Bobbitt Domestic Sovereign Immunity: a Long Way Back to the Eleventh Amendment 22 Whittier Law Review 531 (2000) [H]ow true it is, that States and Governments were made for man; and, at the same time, how true it is, that his creatures and servants have first deceived, next vilified, and, at last, oppressed their master and maker. Sovereign immunity and the Eleventh Amendment, two terms that are deeply entrenched in our legal vocabulary, have come to... 2000  
Peter S. Menell Economic Implications of State Sovereign Immunity from Infringement of Federal Intellectual Property Rights 33 Loyola of Los Angeles Law Review 1399 (June, 2000) The federal intellectual property system serves as a principal means of promoting progress in Science and useful Arts through the provision of limited monopolies to authors and inventors. By this logic, enhancing the scope or enforceability of intellectual property rights increases the expected reward to those engaged in intellectual work,... 2000  
Steven H. Steinglass Eleventh Amendment Federalism and State Sovereign Immunity Cases: Direct Effect on Section 1983? 16 Touro Law Review 769 (Spring, 2000) Dean Steinglass is going to lead our next discussion, and lead off with a discussion on Alden v. Maine. I was asked to address briefly the impact of the Supreme Court's recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on... 2000  
Ann Valdivia Eleventh and Fourteenth Amendments - Patent Remedy Act - Congress, in an Effort to Abrogate State Sovereign Immunity by Subjecting the States and Their Instrumentalities to Liability in Federal Court for Patent Infringement, Exceeded its Authority under § 11 Seton Hall Constitutional Law Journal 197 (Fall 2000) The United States Supreme Court recently held that the Patent Remedy Act (hereafter the Act) was an unconstitutional attempt to abrogate states' sovereign immunity with respect to patent infringement. See Florida Prepaid Postsecondary Educ. Expense Bd. v. Coll. Sav. Bank, 527 U.S. 627, 630 (1999). In so holding, the Court reasoned that Congress'... 2000  
Panayiota Alexandropoulos Enforceability of Executive-congressional Agreements in Lieu of an Article Ii Treaty for Purposes of Extradition: Elizaphan Ntakirutimana v. Janet Reno 45 Villanova Law Review 107 (2000) Although the Constitution does not expressly refer to executive branch authority to conclude international agreements other than treaties, executive agreements have become an accepted part of United States law and practice. More than ninety percent of the United States' international agreements are one of three types of executive agreements. The... 2000  
David Sloss Ex Parte Young and Federal Remedies for Human Rights Treaty Violations 75 Washington Law Review 1103 (October, 2000) Abstract: The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local... 2000  
Henry J. Richardson III Excluding Race Strategies from International Legal History: the Self-executing Treaty Doctrine and the Southern Africa Tripartite Agreement 45 Villanova Law Review 1091 (2000) PROFESSOR Ruth E. Gordon has thoughtfully suggested that our mission in this Symposium is to explore what viewing the world through the prism of race consciousness portends for future efforts to remake the international system by giving a voice to the voiceless. This Article asks how this mission relates to the writing of international legal... 2000  
Steven McLain Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank: Sovereign Impenetrability? 9 George Mason Law Review 529 (Winter, 2000) The United States Congress has the power to promote the Progress of Science and useful Arts, by securing for Limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. That the Framers saw the need to include such a power in the Constitution speaks directly to the importance of the issue. To foment... 2000  
Marcelo Halpern , Ajay K. Mehrotra From International Treaties to Internet Norms:the Evolution of International Trademark Disputes in the Internet Age 21 University of Pennsylvania Journal of International Economic Law 523 (Fall 2000) In today's dynamic, digital economy, there is a global clash between geographically bounded trademarks and the limitless reach of the Internet. Trademark law, by definition, is premised on the principle of territoriality. The legal rights that give trademarks and other forms of intellectual property economic value are circumscribed by geography.... 2000  
Todd M. Rowe Global Technology Protection: Moving past the Treaty 4 Marquette Intellectual Property Law Review 107 (2000) When the farmer was absent from his fields, the scarecrow was positioned to discourage local animals' best attempts to feed on the fall's harvest. However, the scarecrow's effectiveness may have been overrated. Moreover, this confidence in the scarecrow may have actually inhibited the development of more effective methods to protect the farmer's... 2000  
Ely Todd Chayet Hypothetical Jurisdiction and Interjurisdictional Preclusion: a "Comity" of Errors 28 Pepperdine Law Review 75 (2000) When people hear the term federal subject matter jurisdiction, they do not usually come running enthusiastically toward the conversation. Many find the subject boring, complicated, or confusing. For whatever reason, they just do not want to deal with it. This perception is not limited to cocktail party conversation topics; it is manifest even in... 2000  
Bernard H. Oxman, Peter H. F. Bekker, White Case LLP, New York Icj Jurisdiction-general Act for Pacific Settlement of International Disputes-treaty Succession-commonwealth and Multilateral-treaty Reservations in Optional Clause Declarations-un Charter as Basis of Jurisdiction-effect of Obligation to Settle Disputes b 94 American Journal of International Law 707 (October, 2000) On September 21, 1999, Pakistan filed an application requesting the International Court of Justice (ICJ) to declare India responsible for the shooting down of an unarmed aircraft of the Pakistani navy by Indian air force planes on August 10, 1999. Pakistan also maintained that Indian air force helicopters violated its territorial integrity by... 2000  
Robin Kundis Craig Idaho Sporting Congress v. Thomas and Sovereign Immunity: Federal Facility Nonpoint Sources, the Apa, and the Meaning of "In the Same Manner and to the Same Extent as Any Nongovernmental Entity" 30 Environmental Law 527 (Summer, 2000) As far back as 1972, Congress recognized that both federal facilities and nonpoint sources contribute significantly to water pollution, and recent observations emphasize that nonpoint source water pollution on federal lands from federally conducted or federally authorized activities-federal facility nonpoint sources-are significant continuing... 2000  
Homi Mistry India: Treaty Benefit Qualification Rules 11-JAN Journal of International Taxation 14 (January, 2000) India's Authority for Advance Rulings (AAR) recently held that individuals in the United Arab Emirates (U.A.E.) are not eligible for tax benefits under the India-U.A.E tax treaty since they are not subject to tax. The AAR ruled that a person's fiscal residence must be determined based on the liability to pay tax. The individual cannot get relief on... 2000  
David Milton Whalin John C. Calhoun Becomes the Tenth Justice: State Sovereignty, Judicial Review, and Environmental Law after June 23, 1999 27 Boston College Environmental Affairs Law Review 193 (2000) The past several years have witnessed a five Justice majority of the Supreme Court enunciating increasingly severe limitations upon Congress' Article I powers. One effort by these five Justices has emanated from a unique explication of the Eleventh Amendment which began with Seminole Tribe v. Florida in 1996 and was expanded by three decisions... 2000  
Michael C. Blumm, , Dale D. Goble, , Judith V. Royster, , Mary Christina Wood, Judicial Termination of Treaty Water Rights: the Snake River Case 36 Idaho Law Review 449 (2000) Idaho's Snake River Basin Adjudication (SRBA) will have a profound influence on Idaho's future: the SRBA court is now in the process of adjudicating the water right claims in nearly ninety percent of the state. Since most of the Snake Riverthe largest tributary of the Columbia Riveris located within Idaho, the SRBA will also have a substantial... 2000  
Rachel S. Brass Made in the Usa Foundation v. United States: Nafta, the Treaty Clause, and Constitutional Obsolescence 9 Minnesota Journal of Global Trade 663 (Summer 2000) After years of negotiation and domestic political conflict, the United States, Mexico and Canada adopted the North American Free Trade Agreement (NAFTA) in 1994. Four years later, the Made in the USA Foundation and the United Steel Workers of America filed suit in the Northern District of Alabama, charging the United States with passing NAFTA in... 2000  
Gerald J. Mossinghoff National Obligations under Intellectual Property Treaties: the Beginning of a True International Regime 9 Federal Circuit Bar Journal 591 (2000) Distinguished Jurists, Honored Guests, Ladies & Gentlemen: It is an honor for me to be able to participate in this major conference on International and Multinational Issues in Intellectual Property Law. Having served as U.S. Commissioner of Patents and Trademarks and as U.S. Ambassador to the Diplomatic Conference held in the early 1980s on the... 2000  
Jian Zhou National Treatment in Foreign Investment Law: a Compartive Study from a Chinese Perspective 10 Touro International Law Review 39 (Spring, 2000) I. L2-4Introduction 42 II. L2-4Chinese Foreign Investment Regimes 50 A. L3-4Foreign Investment in China: The Past Twenty Years 50 1. Initial Experimental Period (1979 -1982) 51 2. The Period of Fast Growth (1983-1989) 53 3. From Controlling to Regulating (1989-1996) 57 4. The Asian Financial Crisis to Present (1997) 61 B. L3-4Chinese Foreign... 2000  
Dr. Klinton W. Alexander Nato's Intervention in Kosovo: the Legal Case for Violating Yugoslavia's National Sovereignty in the Absence of Security Council Approval 22 Houston Journal of International Law 403 (Spring, 2000) I. L2-4Introduction 404 II. L2-4The Concept of National Sovereignty in International Law 408 A. L3-4National Sovereignty Prior to the U.N. Charter 408 B. L3-4The U.N. Charter and the Principle of National Sovereignty 409 III. L2-4The Doctrine of Humanitarian Intervention: The Emergence of a Special Exception to the Principle of National Sovereignty... 2000  
Edward T. Swaine Negotiating Federalism: State Bargaining and the Dormant Treaty Power 49 Duke Law Journal 1127 (March, 2000) The orthodox view that states have no role in U.S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a dormant bar on state participation--that is, absent a controlling federal statute or treaty--is obscure. Revisionist scholarship and recent Supreme Court case law suggest... 2000  
Dax Eric Lopez Not Twice for the Same: How the Dual Sovereignty Doctrine Is Used to Circumvent non Bis in Idem 33 Vanderbilt Journal of Transnational Law 1263 (November, 2000) Today, it is quite possible for a criminal defendant who has violated the laws of several countries with one criminal act to be subject to multiple prosecutions. In situations where two countries share concurrent criminal jurisdiction, it is unclear whether the defendant would be able to rely on some level of double jeopardy protection.... 2000  
Ana Maria Merico-Stephens Of Maine's Sovereignty, Alden's Federalism, and the Myth of Absolute Principles: the Newest Oldest Question of Constitutional Law 33 U.C. Davis Law Review 325 (Winter, 2000) C1-5Table of Contents L1-4Introduction 327 I. L2-4The Genealogy of Alden v. Maine: Mystical Categorical Federalism 334 II. L2-4Alden and the Myth of Absolute Sovereignty 347 A. L3-4An Examination of Alden's Doctrinal Justifications 349 B. L3-4An Examination of Alden's Historical Justifications 356 1. The Debate over Sovereign Immunity. 356 2. The... 2000  
Ann Woolhandler Old Property, New Property, and Sovereign Immunity 75 Notre Dame Law Review 919 (March, 2000) The Court last term built on Seminole Tribe's decision that Congress could not abrogate state immunity when acting under the commerce power. Alden v. Maine held that sovereign immunity could not be avoided merely by resort to state court. And the two Florida Prepaid cases indicated that state violations of federal statutes are not automatically... 2000  
Daniel A. Farber Pledging a New Allegiance: an Essay on Sovereignty and the New Federalism 75 Notre Dame Law Review 1133 (March, 2000) This Essay explores an emerging vision of federalism and its implementation in recent state immunity cases. Those recent cases reflect, I believe, not just a legal interpretation of the Tenth and Eleventh Amendments, but a coherent understanding of our governmental system and its relationship with citizens. Beyond that, I believe, these decisions... 2000  
Conrad A. Fjetland Possibilities for Expansion of the Migratory Bird Treaty Act for the Protection of Migratory Birds 40 Natural Resources Journal 47 (Winter, 2000) In 1916, the Migratory Bird Treaty Act (MBTA) was passed to address concerns about the indiscriminate killing of migratory birds. The MBTA has proven to be an effective tool in regulating hunting, the main concern of the early 1900s. However, since the 1970s, attempts to expand the MBTA to protect migratory birds from indirect killing resulting... 2000  
Vicki C. Jackson Principle and Compromise in Constitutional Adjudication: the Eleventh Amendment and State Sovereign Immunity 75 Notre Dame Law Review 953 (March, 2000) The Court's Eleventh Amendment and sovereign immunity case law deserves the condemnation and resistance of scholars. The Court has for the last ten years chosen to expand the range of government immunity from suit for wrongdoing, a result compelled neither by history nor logic. But in elevating state sovereign immunity to the status of a... 2000  
Daniel E. Reitz Raising a Paper Tiger: Public Law No. 105-277 § 117(d) and the Gutting of the State-sponsored Terrorism Exception to the Foreign Sovereign Immunities Act 69 University of Cincinnati Law Review 357 (Fall, 2000) On December 21, 1988, a bomb exploded in the cargo hold of Pan Am Flight 103 while in flight over Lockerbie, Scotland. The explosion killed all 259 people on board as well as eleven on the ground below. An intense international investigation later identified evidence indicating that the bombing had been committed by agents of the Libyan government.... 2000  
Catherine T. Struve Raising Arizona: Reflections on Sovereignty and the Nature of the Plaintiff in Federal Suits Against States 61 Montana Law Review 105 (Winter 2000) Introduction. 106 I. The Court's Current View of State Sovereign Immunity. 113 A. The Court's Recent Decisions. 116 B. Alden and the Court's Theoretical Approach. 119 1. The formal analysis. 120 2. The functional analysis. 121 II. Qui Tam Suits and the Federal-Private Plaintiff Distinction. 124 III. Arizona and Subsequent Cases. 133 A. Arizona. 133... 2000  
Robert Uhlfelder Recent Decisions: the United States Court of Appeals for the Fourth Circuit 59 Maryland Law Review 1275 (2000) In In re NVR, LP the United States Court of Appeals for the Fourth Circuit denied a chapter 11 debtor a judicial forum and thereby allowed the states of Maryland and Pennsylvania to keep approximately seven million dollars worth of transfer and recording taxes that two federal courts previously held were not owed to the States under federal law.... 2000  
Rollie Wilson Removing Dam Development to Recover Columbia Basin Treaty Protected Salmon Economies 24 American Indian Law Review 357 (2000) I. L2-3,T3Introduction 358 II. L2-3,T3The 1855 Treaties Reserve the Harvest of an Economically Viable Fishery 361 A. Tribal Economies in the Columbia Basin. 363 B. Negotiating to Reserve their Salmon Economies. 368 III. L2-3,T3The 1855 Treaties are a Continuing Source of Law Governing the Columbia Basin 373 A. The United States Never Abrogated the... 2000  
Rebecca Tsosie Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural... 2000  
Sunny Knight Salmon Recovery and the Pacific Salmon Treaty 27 Ecology Law Quarterly 885 (2000) Transboundary management of Pacific salmon is governed by the Pacific Salmon Treaty. In 1999, the United States and Canada negotiated several long-term Annexes to the Treaty regarding specific management regimes. The Annexes address the previous failure to provide adequately for conservation by adopting an abundance-based allocation mechanism, by... 2000  
David Chang Selling the Market-driven Message: Commercial Television, Consumer Sovereignty, and the First Amendment 85 Minnesota Law Review 451 (December, 2000) I. Television Programming Decisions as Part of the First Amendment's Freedom of Speech: The Conventional View. 467 A. In Congress and the FCC: Editorial Discretion and the Fairness Doctrine . 467 B. In the Supreme Court: Editorial Discretion and Must-Carry Requirements. 470 C. Doctrinal Consequences of Viewing Television Programming... 2000  
Lauren W. Blatt Sos (Save Our Ship)! Can the Unesco 1999 Draft Convention on the Treatment of Underwater Cultural Heritage Do Any Better? 14 Emory International Law Review 1581 (Fall 2000) We are now in a position to consider studying the whole sweep of the evolution of human culture in its relation to the sea over the last 40,000 years. Cultural property is crucial to learning about heritage and important for the advancement of civilization. With many recent findings of underwater sunken ships and treasures, this cultural property,... 2000  
George Rutherglen Sovereign Immunity 31 Journal of Maritime Law and Commerce 317 (April, 2000) A field as doctrinally complex as admiralty perhaps does not need the additional complexity of the doctrine of sovereign immunity. Yet it is inevitable that sovereign immunity should play an important role in admiralty law, both in theory and in practice. At the theoretical level, sovereign immunity marks the boundary between admiralty law,... 2000  
Eugene Volokh Sovereign Immunity and Intellectual Property 73 Southern California Law Review 1161 (July, 2000) Do states have constitutional sovereign immunity in copyright and patent lawsuits? The Supreme Court's recent conclusion in Florida Prepaid Postsecondary Educ. Expense Board v. College Savings Bank that the answer is yes has generated a firestorm of criticism. This result, some argue, is indefensible as a matter of constitutional text, original... 2000  
Carlos Manuel Vázquez Sovereign Immunity, Due Process, and Thealden Trilogy 109 Yale Law Journal 1927 (June, 2000) On the last day of the Supreme Court's 1998 Term, the Justices delivered their opinions in Alden v. Maine from the bench with great drama, reportedly holding spectators spellbound for close to an hour. The Court's holding in that case that the doctrine of sovereign immunity protects states from being sued in their own courts without their consent... 2000  
Thomas P. Schlosser Sovereign Immunity: Should the Sovereign Control the Purse? 24 American Indian Law Review 309 (2000) I. L2-3,T3What Is Sovereign Immunity? 310 A. Historical Roots. 310 B. The Public Treasury or Domain. 311 C. Officer's Suits Regarding Land. 313 II. L2-3,T3Federal and State Sovereigns Continue to Define Forums, Procedures, and Limits to Suits Against Themselves 317 A. Except as Provided by Statute, the United States Retains Sovereign Immunity. 317... 2000  
Bardie C. Wolfe, Jr. , The Honorable Oren Lyons, Keynote Address, Chief, Onondaga Nation Sovereignty and Sacred Land 13 Saint Thomas Law Review 19 (Fall, 2000) I was pleased to come down here for several reasons: one being that my son is down here and I get a chance to say hello to him, and the other, to talk about the importance of not only sacred sites but the term sovereignty; tribal sovereignty. We know that sovereignty is an English term, a European term. It deals with sovereigns; it deals with... 2000  
Richard A. Monette Sovereignty and Survival 86-MAR ABA Journal 64 (March, 2000) A young Anishinabe lawyer had been speaking on the topic of tribal sovereignty for several years before an audience member squarely asked him, What is this tribal sovereignty anyway? The Anishinabe--the Native American word for Indian--was taken aback by the question and deeply troubled by his own response, or utter lack of one. Upon retreating... 2000  
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