AuthorTitleCitationSummaryYearKey Terms
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  
Sarah Krakoff Undoing Indian Law One Case at a Time: Judicial Minimalism and Tribal Sovereignty 50 American University Law Review 1177 (June, 2001) Introduction. 1178 I. Minimalism and the Core of the Court. 1182 II. Indian Law's Normative and Doctrinal Backdrop. 1190 A. Indian Law Origins. 1193 B. Supreme Court Cases in the Era of Self-Determination.. 1205 III. Minimalism, Lack-of-Interest Convergence, and the Current Court's Indian Law Cases. 1215 A. Strate v. A-1 Contractors: Minimalist... 2001 Yes
Dee Garceau, Rhodes College Vine Deloria, Jr. and Raymond J. Demallie, Eds., Documents of American Indian Diplomacy: Treaties, Agreements and Conventions, 1775-1979. 2 Vols. Legal History of North America Series. Norman, Okl., University of Oklahoma Press, 1999. 1,536 Pp. $95.00 45 American Journal of Legal History 99 (January, 2001) Thoroughly researched and well crafted, this two-volume set reveals the complexity and range of American Indian diplomatic concerns. The documents provide a wealth of new information about Indian relations with the United States and its European predecessors that should prove invaluable to both legal and historical researchers. Chronologically, the... 2001 Yes
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  
Fred Kantrow Wheeler for Two, Do You Have a Reservation? The Supreme Court's Inconsistent Treatment of Tribal Sovereignty 17 Touro Law Review 801 (Summer, 2001) In 1978 the Supreme Court decided United States v. Wheeler, where the Court held that the Double Jeopardy Clause of the Fifth Amendment does not bar the prosecution of a Native American in a Federal District Court under the Federal Major Crimes Act, even though the defendant had previously been convicted in a tribal court of a lesser included... 2001 Yes
Fred Kantrow Wheeler for Two, Do You Have a Reservation? The Supreme Court's Inconsistent Treatment of Tribal Sovereignty 17 Touro Law Review 801 (Summer, 2001) In 1978 the Supreme Court decided United States v. Wheeler, where the Court held that the Double Jeopardy Clause of the Fifth Amendment does not bar the prosecution of a Native American in a Federal District Court under the Federal Major Crimes Act, even though the defendant had previously been convicted in a tribal court of a lesser included... 2001 Yes
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  
Brian J. Perron When Tribal Treaty Fishing Rights Become a Mere Opportunity to Dip One's Net into the Water and Pull it out Empty: the Case for Money Damages When Treaty-reserved Fish Habitat Is Degraded 25 William and Mary Environmental Law and Policy Review 783 (Spring, 2001) Salmon may be one of our greatest natural treasures. They have survived for two million years enduring floods, droughts, disease, volcanic eruptions, and even ice ages. Nowhere is the circle of life more apparent, tenacious and poignant. And nowhere else would the loss of this life cycle be so all encompassing, ecologically disastrous and... 2001 Yes
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  
David E. Wilkins A Constitutional Conundrum: the Resilience of Tribal Sovereignty During American Nationalism and Expansion: 1810-1871 25 Oklahoma City University Law Review 87 (Spring-Summer 2000) Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by... 2000 Yes
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  
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  
David Wilkins An Inquiry into Indigenous Political Participation: Implications for Tribal Sovereignty 9-SUM Kansas Journal of Law & Public Policy 732 (Summer, 2000) When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to-tribal, state, and federal-we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only... 2000 Yes
Patrick Cleveland Apposition of Recent U.s. Supreme Court Decisions Regarding Tribal Sovereignty and International Indigenous Rights Declarations 12 Pace International Law Review 397 (Fall 2000) I. Introduction. 397 II. Background. 400 A. The Legal Relationship between the United States and Native Americans. 400 B. Development of International Indigenous Rights. 408 III. Apposition of Recent U.S. Supreme Court Decisions on Tribal Sovereignty and Indigenous Rights Declarations. 413 IV. Conclusion. 423 2000 Yes
Donald D. Raymond, Jr. Balancing "Peculiarly Federal Interests" and Indian Sovereignty in Crimes by and Against Indians in Indian Country 78 Washington University Law Quarterly 347 (2000) As an indigenous people with their own cultures and systems of governance in a land discovered and settled by European nations, American Indian tribes have created unique problems for those governing the American continents from the earliest days of conquest to the present time. One of the major problem areas has always been the relationship... 2000 Yes
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  
Jennifer S. Byram Civil Rights on Reservations: the Indian Civil Rights Act and Tribal Sovereignty 25 Oklahoma City University Law Review 491 (Spring-Summer 2000) This Article explores the conflict between Tribal sovereignty and civil rights, in the context of sexual discrimination by Tribal governments. It reviews the arguments about whether civil rights guarantees should apply on reservations, and concludes that the Congressional provision of civil rights, in the Indian Civil Rights Act, should be... 2000 Yes
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  
Everett Saucedo Curse of the New Buffalo: a Critique of Tribal Sovereignty in the Post-igra World 3 Scholar: St. Mary's Law Review on Minority Issues 71 (Fall 2000) People are afraid to oppose the tribal council because so many of them now work at the casino. . . the council members run the casino, and the council members sign their paychecks. Anyone who challenges them pays for it. - Marty Silvas, former Tigua I. Introduction. 72 II. The Tiguas. 76 III. The Current Crisis. 79 IV. Tribal Sovereignty. 84 V. The... 2000 Yes
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 ยง 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  
Kristen E. Burge Erisa and Indian Tribes: Alternative Approaches for Respecting Tribal Sovereignty 2000 Wisconsin Law Review 1291 (2000) The economies of a number of Indian tribes throughout the United States have experienced tremendous growth and development over the past few years, often due to tribal gaming and related enterprises such as tourism. Indian tribal employers, such as the Ho-Chunk Nation in Wisconsin, are actively recruiting potential employees. They are looking to... 2000 Yes
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  
Jerry C. Straus Florida's War on Indian Gaming: an Attack on Tribal Sovereignty 13 Saint Thomas Law Review 259 (Fall, 2000) In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA). The states, disappointed with certain aspects of the IGRA legislation, launched a war against Indian tribes to stop them from conducting the gaming which Congress had determined was a vital source of economic development for tribes and a proper exercise of tribal sovereignty. In 1994... 2000 Yes
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  
Laura B. Bartell Getting to Waiver--a Legislative Solution to State Sovereign Immunity in Bankruptcy after Seminole Tribe 17 Bankruptcy Developments Journal 17 (2000) In the aftermath of the Supreme Court's decision in Seminole Tribe of Florida v. Florida, the inability of Congress to abrogate state sovereign immunity pursuant to the Bankruptcy Code has been repeatedly recognized. Yet it is essential for the fair and efficient operation of federal bankruptcy jurisdiction that all creditors, including those... 2000 Yes
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  
N. Bruce Duthu Incorporative Discourse in Federal Indian Law: Negotiating Tribal Sovereignty Through Native American Literature 13 Harvard Human Rights Journal 141 (Spring, 2000) Just one time when I'm telling a story somewhere, why don't you stop and listen? Thomas asked. Just once? Just once. Victor waved his arms to let Thomas know that the deal was good. It was a fair trade, and that was all Victor had ever wanted from his whole life. So Victor drove his father's pickup toward home while Thomas went into his... 2000 Yes
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  
Edmund J. Goodman Indian Tribal Sovereignty and Water Resources: Watersheds, Ecosystems and Tribal Co-management 20 Journal of Land, Resources,and Environmental Law 185 (2000) Rivers are the quintessential transboundary resource, and by their nature raise the thorniest interjurisdictional questions between nations, whose borders they demarcate, cross and recross. Within the United States, these interjurisdictional questions acquire additional layers of complexity. U.S. federal law recognizes and protects three sources of... 2000 Yes
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