| Author | Title | Citation | Summary | Year | Key Terms |
| Steve Charnovitz |
Using Framework Statutes to Facilitate U.s. Treaty Making |
98 American Journal of International Law 696 (October, 2004) |
What can be learned from the exemplary congressional-executive cooperation achieved in the negotiation, approval, and implementation of new United States free trade agreements (FTAs)? Commentators have examined the significance of these FTAs for economic growth and international trade policy, but they have given insufficient attention to the legal... |
2004 |
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| David K. Pinckney, Jones, Patterson, Simpson & Newton PA, Hilton Head Island and Bluffton, S.C., dpinckney@jsplaw.net |
We the People Did Not Divest the States of Their Sovereign Immunity in Bankruptcy |
22-JAN American Bankruptcy Institute Journal 10 (December/January, 2004) |
Editor's Note: This article was originally written as Part II of a thesis submitted to the LL.M. in Bankruptcy Program at St. John's University School of Law, Spring 2002. The general theory of a blanket surrender of sovereign immunity by the states through their adoption of the original Constitution is nothing new. In fact, the U.S. Supreme Court... |
2004 |
|
| Carl Tobias |
Western Sovereignty for the Twenty-first Century: a Book Review of Daniel Kemmis's this Sovereign Land |
34 Environmental Law 819 (Summer 2004) |
The American West has been a perpetual source of fascination and wonder. The region includes strikingly beautiful landscapes and exotic wildlife that inspire awe and fear. The human need to eke out a living from the arid, inhospitable terrain has perennially conflicted with natural resource protection. A century of exploitation preceded recent... |
2004 |
|
| Carl Tobias |
Western Sovereignty for the Twenty-first Century: a Book Review of Daniel Kemmis's this Sovereign Land |
34 Environmental Law 819 (Summer 2004) |
The American West has been a perpetual source of fascination and wonder. The region includes strikingly beautiful landscapes and exotic wildlife that inspire awe and fear. The human need to eke out a living from the arid, inhospitable terrain has perennially conflicted with natural resource protection. A century of exploitation preceded recent... |
2004 |
|
| Ryan Sudbury |
When Good Streams Go Dry: United States v. Adair and the Unprincipled Elimination of a Federal Forum for Treaty Reserved Rights |
25 Public Land & Resources Law Review 147 (Spring 2004) |
In 1864, the United States and the Klamath Indians entered into a treaty in which the tribe ceded its interest in over 22 million acres of land to the United States government, which also reserved 1.9 million acres for the Klamath Indians to be held and regarded as an Indian reservation. By the terms of the treaty both parties recognized the... |
2004 |
|
| Jeff Timmerman |
When Her Feet Touch the Ground: Conflict Between the Roma Familistic Custom of Arranged Juvenile Marriage and Enforcement of International Human Rights Treaties |
13 Journal of Transnational Law & Policy 475 (Spring 2004) |
Sit your daughter in a chair and if her feet touch the ground, she's ready for marriage. Romani Proverb When self-declared Romanian Gypsy king Florin Cioaba married his twelve-year-old daughter Ana Maria to fifteen-year-old suitor Birita Mihai in September 2003, the international human rights community finally decided to cry foul. The... |
2004 |
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| |
Abrogation of State Sovereign Immunity Through Congress's Bankruptcy Power: Considering the Framers' Intent with Respect to the AtTributes of Sovereignty, Uniformity, and Bankruptcy Exceptionalism |
23 Bankruptcy Law Letter Letter 1 (3/1/2003) |
In a very dramatic development in the still-evolving jurisprudence of state sovereign immunity in bankruptcy, a panel of the Sixth Circuit has created the first clear circuit split with its opinion in Hood v. Tennessee Student Assistance Corp. (In re Hood), ___ F.3d ___, 2003 WL 214962 (Feb. 3, 2003), affirming the basic reasoning of the BAP panel... |
2003 |
Yes |
| |
Abrogation of State Sovereign Immunity Through Congress's Bankruptcy Power: Considering the Framers' Intent with Respect to the AtTributes of Sovereignty, Uniformity, and Bankruptcy Exceptionalism |
23 Bankruptcy Law Letter Letter 1 (3/1/2003) |
In a very dramatic development in the still-evolving jurisprudence of state sovereign immunity in bankruptcy, a panel of the Sixth Circuit has created the first clear circuit split with its opinion in Hood v. Tennessee Student Assistance Corp. (In re Hood), ___ F.3d ___, 2003 WL 214962 (Feb. 3, 2003), affirming the basic reasoning of the BAP panel... |
2003 |
Yes |
| Joseph William Singer |
Canons of Conquest: the Supreme Court's Attack on Tribal Sovereignty |
37 New England Law Review 641 (Spring 2003) |
We desire you to consider, brothers, that our only demand is the peaceable possession of a small part of our once great country. Look back and review the lands from whence we have been driven to this spot. We can retreat no farther . . .. When the Supreme Court decided Bush v. Gore on December 12, 2000, the entire country paid attention. The Court... |
2003 |
Yes |
| Nicholas V. Merkley |
Compulsory Party Joinder and Tribal Sovereign Immunity: a Proposal to Modify Federal Courts' Application of Rule 19 to Cases Involving Absent Tribes as "Necessary" Parties |
56 Oklahoma Law Review 931 (Winter 2003) |
Because [m]odern federal civil procedure stresses the virtues of avoiding multiple suits and potentially inconsistent verdicts, Rule 19 of the Federal Rules of Civil Procedure implements the doctrine of compulsory party joinder. The rule seeks not only to identify nonparties whose joinder is necessary for a just adjudication, but also to secure... |
2003 |
Yes |
| David M. Blurton |
John v. Baker and the Jurisdiction of Tribal Sovereigns Without Territorial Reach |
20 Alaska Law Review Rev. 1 (June, 2003) |
This Article examines statutory and case law defining the jurisdictional reach of Alaska Native tribal organizations. The Author argues that the Alaska Supreme Court's decision in John v. Baker conflicts with U.S. Supreme Court precedent and is, therefore, erroneous. Acknowledging the policy arguments in favor of an expansive interpretation of... |
2003 |
Yes |
| Courtney A. Stouff |
Native Americans and Homeland Security: Failure of the Homeland Security Act to Recognize Tribal Sovereignty |
108 Penn State Law Review 375 (Summer, 2003) |
The United States of America was forever changed on September 11, 2001 when terrorists from the al Qaeda network hijacked two commercial airliners and flew them into the twin towers of the World Trade Center in New York City. A third hijacked airliner flew into the Pentagon in Washington, D.C., while a fourth hijacked airliner crashed in a deserted... |
2003 |
Yes |
| Carlos Scott López |
Native Title in Mabo's Wake: Aboriginal Sovereignty and Reconciliation in Post-centenary Australia |
11 Tulsa Journal of Comparative & International Law 21 (Fall 2003) |
Few issues have spurred more vigorous debate among Australia's citizenry than Native Title and, more broadly, the roles of Native Australians. Like most former colonial outposts, the settlement of the Australian continent was marked by nothing less than an invasion by a European power (Great Britain), which subsequently imposed its will on the... |
2003 |
Yes |
| Heather Chamberlain |
Native Waters: Contemporary Indian Water Settlements and the Second Treaty Era, the University of Arizona Press, Tucson (2002); 237pp; $45.00; Isbn 0-8165-2227-8, Hardcover. |
7 University of Denver Water Law Review 129 (Fall 2003) |
Native Waters evaluates the cultural, economic, and ecological effects of Indian/Anglo water settlements. The second treaty era refers to settlement agreements between tribes and their Anglo neighbors over Indian water rights reserved during the creation of tribal reservations. Typically during settlements, tribes have given away a portion of... |
2003 |
Yes |
| Jonathan I. Sirois |
Remote Vendor Cigarette Sales, Tribal Sovereignty, and the Jenkins Act: Can I Get a Remedy? |
42 Duquesne Law Review 27 (Fall, 2003) |
Nearly $900 million in revenue went up in smoke [in 2002] because [New York State] didn't collect taxes on sales made over the Internet [by] Indian[s]. [T]his Court [has] held that Indian retailers on an Indian reservation may be required to collect all state taxes applicable to [cigarette] sales to non-Indians. We determined that requiring the... |
2003 |
Yes |
| Robert J. Nordhaus , G. Emlen Hall, , Anne Alise Rudio |
Revisiting Merrion v. Jicarilla Apache Tribe: Robert Nordhaus and Sovereign Indian Control over Natural Resources on Reservations |
43 Natural Resources Journal 223 (Winter 2003) |
In 1982, the Supreme Court held in Merrion v. Jicarilla Apache Tribe that tribes have the sovereign power to tax non-member oil and gas lessees on reservations. Merrion sanctioned an expansive view of tribal sovereignty at a time when many western tribes were adapting to a new federal policy of self determination by trying to take charge of natural... |
2003 |
Yes |
| Lauren K. Robel |
Sovereignty and Democracy: the States' Obligations to Their Citizens under Federal Statutory Law |
78 Indiana Law Journal 543 (Winter/Spring, 2003) |
I. L2-3,T3Strong Sovereignty: The Dignity of the States 546 II. L2-3,T3Sovereign Immunity in the States 547 A. Sovereign Immunity and Democratic Values. 553 B. Sovereign Immunity and the Modern Administrative State. 555 C. Sovereign Immunity and Post-War Theories of Loss-Spreading. 556 D. Sovereign Immunity and Justice: The Political Salience of... |
2003 |
Yes |
| Douglas Luckerman |
Sovereignty, Jurisdiction, and Environmental Primacy on Tribal Lands |
37 New England Law Review 635 (Spring 2003) |
Good afternoon everybody. As Professor Dussias just mentioned, I came to Indian law sort of in a different fashion, in that, in 1992, I was just a white guy from Chicago working at the Environmental Protection Agency (EPA). My experience with Native Americans, at that time, consisted of television and maybe the odd book or two. In 1992, I had the... |
2003 |
Yes |
| Eric Cheyfitz |
The Colonial Double Bind: Sovereignty and Civil Rights in Indian Country |
5 University of Pennsylvania Journal of Constitutional Law 223 (January, 2003) |
Federal Indian law emerges from the late eighteenth century onward as a corpus that departs distinctively from the central core of U.S. law. While the latter is grounded, in the first instance, in the civil rights of the individual, understood in the Lockean sense as having a fundamental property in him or herself and thus as always an actual or... |
2003 |
Yes |
| Susan R. Fiorentino |
Timpanogos Tribe v. Conway: Fishing for an Exception to State Sovereign Immunity in Natural Resource Regulation |
14 Villanova Environmental Law Journal 255 (2003) |
At times, we did not have enough to eat and we were not allowed to hunt. All we wanted was peace and to be let alone. -- Crazy Horse of the Sioux The land and its natural resources have always played an integral role in the lives of Native Americans. Hunting and fishing on tribal reservations provide tribes with more than just food; such... |
2003 |
Yes |
| L. Scott Gould |
Tough Love for Tribes: Rethinking Sovereignty after Atkinson and Hicks |
37 New England Law Review 669 (Spring 2003) |
It is an article of faith among American Indian tribes, and most scholars who write about them, that tribes possess the powers of inherent sovereigns. The reasoning, based on an 1832 opinion by Chief Justice Marshall, is that tribes are free to govern their territories as they choose, except as limited by acts of Congress. What many tribes and... |
2003 |
Yes |
| Daan Braveman |
Tribal Sovereignty: Them and Us |
82 Oregon Law Review 75 (Spring 2003) |
A central theme in federal Indian law focuses on the inherent sovereign power of tribes to regulate the activities of non-tribal members who enter Indian country. Chief Justice Marshall addressed this issue 170 years ago in Worcester v. Georgia, one of the foundational cases in federal Indian law. Worcester did not end the matter, and tribal... |
2003 |
Yes |
| Gregory C. Sisk |
Yesterday and Today: of Indians, Breach of Trust, Money, and Sovereign Immunity |
39 Tulsa Law Review 313 (Winter 2003) |
Twice in the past quarter century, the Supreme Court has composed a duet of Indian breach of trust decisions that, through dynamic counterpoint, complement each other to produce a reasonably harmonious arrangement. Each of these two judicial movements sets one decision that finds an actionable fiduciary relationship against another decision that... |
2003 |
Yes |
| William E. Thro |
A Question of Sovereignty: a Review of John T. Noonan, Jr.'s Narrowing the Nation's Power: the Supreme Court Sides with the States |
29 Journal of College and University Law 745 (2003) |
The Framers split the atom of sovereignty. It was the genius of their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other. The resulting Constitution created a legal system unprecedented in form and design, establishing two orders of government, each with its own direct... |
2003 |
|
| Sean M. Monahan |
A Tempest in the Teapot: State Sovereign Immunity and Federal Administrative Adjudications in Federal Maritime Commission v. South Carolina State Ports Authority |
88 Cornell Law Review 1794 (September, 2003) |
Introduction. 1795 I. The Eleventh Amendment: Origins and Recent Developments. 1798 A. Historical Origins of the Eleventh Amendment. 1798 B. Judicial Expansion of State Sovereign Immunity. 1801 1. Hans v. Louisiana. 1801 2. Seminole Tribe v. Florida & Alden v. Maine. 1802 II. Case Discussion: Federal Maritime Commission v. South Carolina State... |
2003 |
|
| Larry J. Pittman |
A Thirteenth Amendment Challenge to Both Racial Disparities in Medical Treatments and Improper Physicians' Informed Consent Disclosures |
48 Saint Louis University Law Journal 131 (Fall 2003) |
On September 11, 2001, supporters of Osama Bin Laden and his terrorist organization hijacked four domestic airplanes, flying two of them into the World Trade Center Towers in New York City, one of them into the Pentagon, and crashing the last one in rural Pennsylvania while likely en route to the White House, thereby killing approximately three... |
2003 |
|
| Zachary Tomlinson |
Abrogation or Regulation? How Anderson v. Evans Discards the Makah's Treaty Whaling Right in the Name of Conservation Necessity |
78 Washington Law Review 1101 (November, 2003) |
Abstract: From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires... |
2003 |
|
| David Bryan Owsley |
Accepting the Dual Sovereignty Exception to Double Jeopardy: a Hard Case Study |
81 Washington University Law Quarterly 765 (Fall 2003) |
I. Introduction. 765 II. The Prosecutions of Robert Angleton. 768 III. History and Criticism. 770 A. Nineteenth Century Dual Sovereign Debate. 770 B. Modern Doctrine. 773 C. The Doctrine's Survival of Incorporation. 776 D. The Petite Policy. 779 E. Criticisms of the Doctrine and Questions Raised. 779 1. Is the Invocation of Federalism Sufficient to... |
2003 |
|
| Judith Resnik , Julie Chi-hye Suk |
Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty |
55 Stanford Law Review 1921 (May, 2003) |
I. Changing Sovereignty and Dignity. 1921 II. The Idea, the Politics, and the Developing Law of Dignity. 1929 III. Bringing the Term Dignity into United States Supreme Court Law. 1933 A. Dignity and the Bill of Rights. 1934 B. Dignity and the Functional Capacity of Institutions. 1941 C. Role-Dignity and Immunity from Suit. 1946 D. Protecting... |
2003 |
|
| Irene P. King |
Are Foreign Sovereigns Entitled to Constitutional Due Process? The Ninth Circuit's Analysis of Personal Jurisdiction in Altmann v. Republic of Austria |
29 North Carolina Journal of International Law and Commercial Regulation 389 (Winter 2003) |
Over sixty-five years after Hitler's declaration of the Anschluss, when Jews were forced to flee from their Austrian homeland, a glimmer of gold sheds light on the legacy of those who lost everything during the Nazi reign. Six gilded paintings by famed Austrian artist Gustav Klimt are the subject of suit in Altmann v. Republic of Austria (Altmann... |
2003 |
|
| Steven Plitt, Valerie J. Fasolo, Daniel Maldonado |
Board of Trustees of the University of Alabama Vs. Garrett: Is Constitutional Authority for Sale and Is State Sovereign Immunity the Purchase Price? |
13 George Mason University Civil Rights Law Journal 151 (Spring 2003) |
In Board of Trustees of the University of Alabama v. Garrett, the United States Supreme Court has refined and reshaped federal employment discrimination law in a direction not anticipated by the circuit courts. In the Garrett decision, the Supreme Court addressed the issue of whether Congress validly abrogated state sovereign immunity in enacting... |
2003 |
|
| Mark W. Starnes |
Boise Cascade Corp. v. State of Oregon: Signaling the End of Sovereign Immunity as a Shield for Environmental Regulation |
17 Journal of Natural Resources & Environmental Law 81 (2002-2003) |
Sovereign immunity has been a part of American jurisprudence since before the Constitution was enacted. The doctrine traveled across the Atlantic Ocean with the early English settlers. Deriving its origin from the English common law system and the fiction that the King can do no wrong, sovereign immunity has caused heated debate among legal... |
2003 |
|
| Maki Tanaka |
Bridging the Gap Between Northern Ngos and Southern Sovereigns in the Trade-environment Debate: the Pursuit of Democratic Dispute Settlements in the Wto under the Rio Principles |
30 Ecology Law Quarterly 113 (2003) |
Introduction. 115 I. Background: Why Does the Participation of Northern NGOs Through Amicus Briefs Encounter Strong Opposition from Southern Sovereigns?. 120 A. Fundamental Tensions Between Northern Environmental Values and Southern Developmental Values. 120 1. Northern Environmental Values Shaped Under Advanced Industrialism. 121 2. Southern... |
2003 |
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| Laurel S. Terry |
But What Will the Wto Disciplines Apply To? Distinguishing among Market Access, National Treatment and Article Vi:4 Measures When Applying the Gats to Legal Services |
2003 Professional Lawyer 83 (2003) |
I. INTRODUCTION II. CURRENT DEVELOPMENTS IN THE WTO APPLICABLE TO LEGAL SERVICES A. The Doha Development Agenda and Track #1 Negotiations B. Track #2 Development of Any Necessary Disciplines 1. WTO Member States Agree to Conduct Voluntary Domestic Consultations 2. No Formal Domestic Consultations Have Occurred in the U.S. Regarding Legal... |
2003 |
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| Sarah C. Rispin |
Cooperative Federalism and Constructive Waiver of State Sovereign Immunity |
70 University of Chicago Law Review 1639 (Fall 2003) |
In drafting cooperative federalism statutes, which rely on state government bodies to design and implement local regulation according to national standards, Congress has generally provided for private suits against state regulators to ensure that the states properly carry out the regulatory tasks they undertake on Congress's behalf. The... |
2003 |
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| Hallie Ludsin |
Cultural Denial: What South Africa's Treatment of Witchcraft Says for the Future of its Customary Law |
21 Berkeley Journal of International Law 62 (2003) |
I. Introduction. 63 II. Legal Pluralism In South Africa. 65 A. What is Legal Pluralism?. 65 B. Legal Pluralism in South Africa. 65 1. The Development of Legal Pluralism. 65 2. Legal Pluralism Today. 68 C. Customary Law. 70 III. Witchcraft. 73 A. The Belief in Witchcraft. 73 1. Philosophy of Witchcraft. 73 2. Witches and Their Powers. 76 3. Smelling... |
2003 |
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| Kelly M. Wittner |
Curbing Child-trafficking in Intercountry Adoptions: Will International Treaties and Adoption Moratoriums Accomplish the Job in Cambodia? |
12 Pacific Rim Law & Policy Journal 595 (March, 2003) |
Abstract:Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized baby-trafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for... |
2003 |
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| Derek van Hoften |
Declaring War on the Japanese Constitution: Japan's Right to Military Sovereignty and the United States' Right to Military Presence in Japan |
26 Hastings International and Comparative Law Review 289 (Winter 2003) |
On November 25, 2001, two Japanese naval ships left Yokosuka headed for the Indian Ocean. The forces had been sent to provide logistical support to the international war in Afghanistan, a response to the September 11 terrorist attacks on the United States. In the process, however, this seemingly innocuous event resurrected a pressing legal issue... |
2003 |
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| Christopher C. Wheeler , Amir Attaran |
Declawing the Vulture Funds: Rehabilitation of a Comity Defense in Sovereign Debt Litigation |
39 Stanford Journal of International Law 253 (Summer 2003) |
The collective action problem posed by holdout creditors who defect from debt restructurings is an inherent feature of finance. The market for sovereign debt presents no exception--holdout creditors have always threatened to jeopardize effective sovereign restructurings. Their refusal to go along with the plan tends to deter participation in the... |
2003 |
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| Antonio F. Perez |
Delegalization of Arms Control--a Democracy Deficit in De Facto Treaties of Peace? |
4 Chicago Journal of International Law 19 (Spring 2003) |
Delegalization of arms control is now an accomplished fact. In this period of potential dramatic revision of the international order, it is not surprising that the US is seeking increased flexibility in pursuing several strategies, including the full use of military and technological advantages. The motivations behind this include US interests, as... |
2003 |
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| Scott Dodson |
Dignity: the New Frontier of State Sovereignty |
56 Oklahoma Law Review 777 (Winter 2003) |
Few constitutional doctrines have had as turbulent a history as state sovereign immunity. Sovereign immunity, the right of a sovereign to refuse to appear as a defendant in court, has been described at various times as an assumed part of civilized nations, a common law doctrine that Congress may abrogate, a constitutional doctrine grounded in the... |
2003 |
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| John Alan Doran, Christopher Michael Mason |
Disproportionate Incongruity: State Sovereign Immunity and the Future of Federal Employment Discrimination Law |
2003 Law Review of Michigan State University Detroit College of Law C.L. 1 (Spring 2003) |
I. Early History. 3 II. Contemporary Jurisprudence. 8 III. The Future of Federal Employment Laws as Applied to the States. 15 A. The Family and Medical Leave Act. 16 1. The Conflict Between the Circuits. 19 2. The Future of the FMLA as Applied to the States. 22 a. Those FMLA Provisions Not Directly Linked to Gender-Based Discrimination Violate the... |
2003 |
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| Zhang Naigen |
Dispute Settlement under the Trips Agreement from the Perspective of Treaty Interpretation |
17 Temple International and Comparative Law Journal 199 (Spring 2003) |
It has been recognized that the Trade-Related Intellectual Property Rights (TRIPS) Agreement takes a unique position in the system of the World Trade Organization (WTO) for two main reasons. First, the TRIPS Agreement, one of the three pillars of the WTO, is a potential first step toward linking many possible trade-related issues, such as the... |
2003 |
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| Ronald J. Silverman, Mark W. Deveno |
Distressed Sovereign Debt: a Creditor's Perspective |
11 American Bankruptcy Institute Law Review 179 (Spring, 2003) |
The 1980's and 1990's bore witness to a series of financial crises that proliferated throughout Latin America, Asia, Russia, and other emerging markets. In fact, [s]ome fear [that] such crises may be about to engulf parts of Latin America again, with Argentina's restructuring efforts, of course, serving as an example. Accordingly, creditors... |
2003 |
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| Edward T. Swaine |
Does Federalism Constrain the Treaty Power? |
103 Columbia Law Review 403 (April, 2003) |
The Supreme Court's revival of federalism casts doubt on the previously unimpeachable power of the national government to bind its states by treaty, suggesting potential subject-matter, anti-commandeering, and sovereign immunity limits that could impair U.S. obligations under vital trade and human rights treaties. Existing scholarship treats these... |
2003 |
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| Kathryn J. Gainey |
Does Sovereign Immunity Bar Administrative Proceedings Pursuant to Federal Environmental Statutes? |
27 Harvard Environmental Law Review 227 (2003) |
Recently, the Supreme Court has expanded state sovereign immunity by reversing several established precedents. For example, in 1996, in Seminole Tribe v. Florida, the Court held that Congress does not have the power to abrogate state sovereign immunity under Article I in federal courts. In 1999, the Court extended the holding from Seminole Tribe to... |
2003 |
|
| Andrew Armstrong |
Drug Courts and the De Facto Legalization of Drug Use for Participants in Residential Treatment Facilities |
94 Journal of Criminal Law and Criminology 133 (Fall 2003) |
The recreational possession and use of some drugs is regarded as a criminal offense in every state in the nation. What this means for an offender is that the state views discrete incidents of detected possession not as manifestations of an over-arching addiction, but as isolated crimes deserving punishment. This approach comports with a traditional... |
2003 |
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| Lauren K. Lofton |
Drunk Driving and Deportation--should Dui Convictions Be Treated as Crimes of Violence for Ins Removal Purposes? |
81 Washington University Law Quarterly 591 (Summer 2003) |
Drunk driving poses serious social problems in the United States. In an attempt to combat this problem, several circuit courts have ruled that aliens convicted of multiple drunk driving offenses should be deported while other circuits have disagreed, allowing aliens with drunk driving convictions to remain in the U.S. As a result of this circuit... |
2003 |
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| Scott Clair |
Dual Sovereignty and Preventive Commandeering: Why the Federal Immunity Statute Cannot Preempt State Prosecutions |
2003 University of Illinois Law Review 863 (2003) |
This note analyzes whether the federal immunity statute may forbid states from prosecuting state crimes when the violation of state law was discovered through federally immunized testimony. Early cases dealing with the immunity statute held that federal immunity could not bar subsequent state prosecutions, but during the Warren Court era, the... |
2003 |
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| Karen Heymann |
Earned Sovereignty for Kashmir: the Legal Methodology to Avoiding a Nuclear Holocaust |
19 American University International Law Review 153 (2003) |
INTRODUCTION. 154 I. BACKGROUND. 158 A. HISTORY OF THE KASHMIR CONFLICT. 158 1. The Origin of the Conflict. 158 2. War Breaks Out Between the Parties. 160 3. The Current Insurgency. 163 4. A New Beginning. 166 B. LEGAL STRUCTURES FOR RESOLVING SELF-DETERMINATION CONFLICTS. 168 1. Plebiscites or Referendums. 169 2. Earned Sovereignty: A Possible... |
2003 |
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