AuthorTitleCitationSummaryYearKey Terms
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  
John R. Bielski Judicial Denial of Sovereignty for Natives: an End to the Self-determination Era 73 Temple Law Review 1279 (Winter 2000) After nearly two centuries of seeing their land and culture overwhelmed by the destructive impact of many federal Indian policies, Native Americans remained skeptical when President Nixon in 1970 proposed a new national initiative that would promote self-determination for the indigenous peoples of North America. Because he was a former... 2000 Yes
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  
Joshua C. Quinter Minnesota v. Mille Lacs Band of Chippewa Indians: Should the Courts Interpret Treaty Law to Emp Native American Tribes to Hatchet the Environment? 11 Villanova Environmental Law Journal 461 (2000) As increasing globalization brings countries and cultures closer together, treaty law will play a major role in the protection of the environment and the preservation of natural resources. In the recent decision of Minnesota v. Mille Lacs Band of Chippewa Indians the United States Supreme Court confronted the impact treaties, which bind the United... 2000 Yes
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  
Larry EchoHawk Native Americans Requires Returning to Our Constitutional Origins Vine Deloria, Jr. & David E. Wilkins Tribes, Treaties, and Constitutional Tribulations University of Texas Press 1999 4 Green Bag 101 (Autumn 2000) SINCE COLUMBUS DISCOVERY of a new world, legal scholars and jurists have struggled to respect and define the rights of the dark-skinned natives who originally inhabited the land. The Europeans' struggle resulted in the formulation of a Doctrine of Discovery in the 16th Century that gave legal title to the newly discovered lands to the... 2000 Yes
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  
Michael R. Newhouse Recognizing and Native American Treaty Usufructs in the Supreme Court: the Mille Lacs Case 21 Public Land & Resources Law Review 169 (2000) Great nations, like great men, should keep their word. Justice Hugo Black As the United States executed its policy of manifest destiny across North America, it faced a significant hurdle. Native American tribes held property rights in the lands they occupied. The United States entered into treaties to acquire tribal lands in return for... 2000 Yes
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  
Dr. Perry Horse Sovereignty in Spiritual Perspective 13 Saint Thomas Law Review 117 (Fall, 2000) When my forebears entered the Twentieth Century one hundred years ago they were dispirited because of what was lost. Gone was the old religion of K'caaw T'doh (the Medicine Lodge). Gone were the On'gaw Peenh (our own food), i.e., the buffalo. Gone were the days of a free, independent lifestyle. Gone was the old economy of self-sufficiency, hunting,... 2000  
T. Alexander Aleinikoff Sovereignty Studies in Constitutional Law: a Comment 17 Constitutional Commentary 197 (Summer 2000) Constitutional law casebooks are based on an unstated, and perhaps unrecognized, set of assumptions that link constitutional law to a strong conception of the nation-state. This is the explicit message of the periodicization of constitutional law into a Founding Period, Reconstruction, and the New Deal forward. Each stage represents a new and... 2000  
Michael Peter Hatzimichalis Sovereignty, Federalism and Property in the Balance: a Paradox in the Making 8 Journal of Law & Policy 707 (2000) Is not this disgraceful? Is this state to be brought to the bar of justice like a delinquent individual? Is the sovereignty of the state to be arraigned like a culprit, or private offender? Will the states undergo this mortification? Since 1991, the Supreme Court has been taking hearty sips from the goblet of federalism. This judicial policy of... 2000  
Jianming Shen Sovereignty, Statehood, Self-determination, and the Issue of Taiwan 15 American University International Law Review 1101 (Spring 2000) INTRODUCTION. 1102 I. TAIWAN'S ATTRIBUTES AND THE NATURE OF THE TAIWAN ISSUE. 1104 A. Historical Basis for China's Sovereignty over Taiwan. 1105 B. Legal Bases for China's Sovereignty over Taiwan. 1109 1. Historic Title as a Legal Basis. 1109 2. Invalidity of the Shimonoseki Treaty. 1110 3. Legal Effects of the Cairo/Potsdam Declarations. 1112 4.... 2000  
Harold P. Southerland Sovereignty, Value Judgments, and Choice of Law 38 Brandeis Law Journal 451 (Spring, 2000) Modern Times, Paul Johnson's account of world history from 1917 to the 1980s, opens with a chapter entitled A Relativistic World. In it, Johnson locates the origins of this troubled century's record of crisis, confusion, chaos, and death in two events, both following hard on World War I, itself the bloodiest and most destructive war in the... 2000  
Kristen R. Jakobsen Space-age Medicine, Stone-age Government: How Medicare Reimbursement of Telemedicine Services Is Depriving the Elderly of Quality Medical Treatment 8 Elder Law Journal 151 (2000) We have the technology. What is needed is government financial commitment, so argues Kristen Jakobsen in the following discussion of telemedicine. The term refers to the delivery of health care services by means of modern telecommunications technology. According to Ms. Jakobsen, the telephone, the fax machine, the Internet, and interactive... 2000  
James G. Dwyer Spiritual Treatment Exemptions to Child Medical Neglect Laws: What We Outsiders Should Think 76 Notre Dame Law Review 147 (November, 2000) There are strongly opposing views as to whether parents should be exempted from the normal legal responsibility to secure medical treatment for sick or injured children when the parents have religious objections to medical care. There are some who advocate an absolute exemption, even in life-threatening situations, and some who argue that no... 2000  
Douglas C. Melcher State Sovereign Immunity and Judicial Review of Interconnection Agreements under the Telecommunications Act of 1996 8 CommLaw Conspectus 61 (Winter 2000) The Telecommunications Act of 1996 (1996 Act), the most significant revision of federal communications law since the adoption of the Communications Act of 1934 (as amended, the Communications Act), addresses a broad range of communications issues, including the areas of common carrier, broadcast, and cable regulation. The stated goals of the... 2000  
Daniel J. Meltzer State Sovereign Immunity: Five Authors in Search of a Theory 75 Notre Dame Law Review 1011 (March, 2000) The Supreme Court's federalism jurisprudence has repeatedly been characterized as under-theorized. The three sovereign immunity decisions handed down on the Term's last day --Alden v. Maine, College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, and Florida Prepaid Postsecondary Education Expense Board v. College Savings... 2000  
Ivan Simonovic State Sovereignty and Globalization: Are Some States More Equal? 28 Georgia Journal of International and Comparative Law 381 (Summer, 2000) The world has always been changing, but never so rapidly and so dramatically as today. The surface of the Earth is changing daily as new buildings, new cities, and new roads emerge. Never before have there been so many newborns with life expectancies so high. But the threat to human life on planet Earth has also never been so serious. The future,... 2000  
Y. Frank Chiang State, Sovereignty, and Taiwan 23 Fordham International Law Journal 959 (April, 2000) Two separate statements made by the high officials of the two Chinese governments in 1999 call into question the sovereignty of Taiwan. One statement was made by President Lee Teng-hui of the government of the Republic of China (or ROC) on Taiwan on July 9, 1999 during an interview by German reporter, Dr. Guenter Knabe. He said that the relation... 2000  
Forde Owens Fairchild States--sovereign Immunity--united States Supreme Court Refuses to Strip States of Their Sovereign Immunity in State Court 76 North Dakota Law Review 659 (2000) Probation officers employed by the state of Maine filed suit against Maine in the United States District Court in 1992. The suit was based upon the Fair Labor Standards Act (FLSA) of 1938, which was passed pursuant to Congress's Article I power. The probation officers claimed the state of Maine had violated this act and accordingly sought redress.... 2000  
Jay Lechner The 1999 Amendments to the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators' Treatment and Care Act: a Dangerous Example of Reactionary Legislation 12 University of Florida Journal of Law and Public Policy 147 (Fall, 2000) The age of positivism . claimed to have been the first to free the mad from a lamentable confusion with the felonious, to separate the innocence of unreason from the guilt of crime. Yet it is simple enough to show the vanity of this claim. I. L2-3,T3Introduction 148 II. L2-3,T3Procedures and Policies of the Jimmy Ryce Act as Amended in 1999 149... 2000  
Ted L. McDorman The 1999 Canada-united States Pacific Salmon Agreement: Resolved and Unresolved Issues 15 Journal of Environmental Law & Litigation Litig. 1 (2000) After years of cross-border rancour, failed mediation, political grandstanding, flag-burning protests, and conservationally-dubious fishing practices, the governments of Canada and the United States announced in mid-1999 that they had reached a multi-year resolution of the Pacific salmon dispute. The general public greeted the announcement with a... 2000  
Jason Dunn The 1999 Pacific Salmon Treaty Agreement 1999 Colorado Journal of International Environmental Law and Policy 164 (2000) At the time the 1985 Pacific Salmon Treaty (Treaty) was signed, it was heralded as an end to the on-going salmon wars between the United States and Canada over Pacific salmon fishing rights. However, the issues that lead to nearly a century of dispute proved more difficult to overcome than the framers of the Treaty imagined. In the years... 2000  
David G. Savage The 5-4 Federalsim Chasm 86-MAR ABA Journal 36 (March, 2000) The nation's nearly 5 million state employees lost their federal protection from age discrimination in January, victims of the latest states' rights pronouncement from the U.S. Supreme Court. The 5-4 vote margin was familiar, as was the lineup of the justices. The ruling broke new ground, however, in reining in Congress' power to remedy civil... 2000  
Kelli Blythe Dexter The Bankruptcy Estate v. the State, Round 11: Recent Developments in Sovereign Immunity 10 Journal of Bankruptcy Law and Practice 41 (November/December, 2000) On June 23 1999, the Supreme Court decided three opinions regarding sovereign immunity. A fourth opinion followed in January of 2000. This article will address developments in bankruptcy law in the area of sovereign immunity subsequent to these recent Supreme Court cases. Three of the Supreme Court cases, College Savings I, College Savings II, and... 2000  
Steven Belenko The Challenges of Integrating Drug Treatment into the Criminal Justice Process 63 Albany Law Review 833 (2000) The enforcement of anti-drug laws and the consequences of drug abuse and addiction have impacted the nation's criminal justice system in profound ways over the past twenty-five years. Police departments and other law enforcement agencies have paid increasing attention to drug crimes, legislatures have passed more and more punitive laws against the... 2000  
Lily Batchelder The Costs of Uniformity: Federal Foreign Policymaking, State Sovereignty, and the Massachusetts Burma Law 18 Yale Law and Policy Review 485 (2000) Last fall's protests at the World Trade Organization (WTO) convention in Seattle evidenced mounting pressure by states and municipalities to retain their authority to further shared values of environmental conservation, labor standards, and human rights through their government procurement policies. As one local commentator lamented, the WTO has... 2000  
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