AuthorTitleCitationSummaryYearKey Terms
Honorable Marian Blank Horn A Trial Judge's Perspective--promoting Justice and Fairness While Protecting Privilege 26 Fordham Urban Law Journal 1429 (May, 1999) Let me start this evening by saying how happy I am to be here with you tonight. I feel fortunate to have been chosen to follow in the proud tradition of Maureen McNamara and to deliver this lecture in her honor. I take my place behind Ms. McNamara and the other distinguished women who have preceded me. Unlike some of my predecessors, however, I am... 1999  
By Douglas W. Kmiec Alden 1998-99 PREVIEW of United States Supreme Court Cases 358 (3/15/1999) The federal government has purported to authorize employees to sue state employers in state court for overtime wages due under federal law. The Supreme Court of Maine found this to violate a long-standing background principle of state sovereigntynamely, that no state can be sued in its own courts without its consent. Surprisingly, in over two... 1999  
Maureen P. O'Sullivan An Examination of the State and Federal Courts' Treatment of the Parent-child Privilege 39 Catholic Lawyer 201 (Summer-Fall 1999) Who would a child most likely go to if he or she got into trouble with the law? Optimally, a child would seek the guidance of his or her parents. Recently, family values has been the topic of much discussion. Society has become very concerned with striving to maintain the familial sanctum, yet the law generally does not protect confidential... 1999  
Marilyn J. Ward Ford , Robert Rude Ancsa: Sovereignty and a Just Settlement of Land Claims or an Act of Deception 15 Touro Law Review 479 (Winter, 1999) Over the last two decades, many comments have appeared in newspaper editorial pages condemning the Alaska Native Claims Settlement Act (ANCSA) as a gift of land and money to the Natives of Alaska. Contrary to these reports, ANCSA was not a gift to Natives of Alaska, it was a settlement of aboriginal land rights. Pursuant to ANCSA, Alaska Natives... 1999  
James Hunnicutt Another Reason to Reform the Federal Regulatory System: Agencies' Treating Nonlegislative Rules as Binding Law 41 Boston College Law Review 153 (December, 1999) Abstract: This Note analyzes the nonlegislative rule exception to the rulemaking requirements of the Administrative Procedure Act (APA). To lend greater accountability to federal agencies, the APA places an obligation on agencies to incorporate public input when creating new rules. Agencies, however, can avoid considering public commentary... 1999  
Patrick T. Mottola Article Iii, Section 2, Clause 2-original Jurisdiction of the United States Supreme Court-in an Interstate Boundary Dispute, New Jersey Was Granted Sovereign Authority over the Landfilled Portion of Ellis Island, with New York Retaining Sovereign Authorit 9 Seton Hall Constitutional Law Journal 1113 (Summer, 1999) For many Americans, the words Ellis Island elicit more than just thoughts of an island territory near the Statute of Liberty. Instead, Ellis Island symbolizes the place where the American Dream began for more than twelve million immigrants between 1892 and 1954, significantly more people than the handful that landed at either Jamestown or... 1999  
Ferdinand P. Schoettle Big Bucks, Cloudy Thinking: Constitutional Challenges to State Taxes - Illumination from the Gatt 19 Virginia Tax Review 277 (Fall, 1999) I. Introduction. 280 II. The Supreme Court's Current Standards Governing State Taxation of Income from Intangibles. 288 A. Taxing Big Oil in the 1970s: Mobil Oil Corp. v. Commissioner of Taxes of Vermont and the Importance of Unitary in State Tax Litigation. 290 B. Applying Mobil in 1982 and 1992. 298 1. ASARCO, Inc. v. Idaho State Tax... 1999  
Carlos Manuel Vázquez Breard, Printz, and the Treaty Power 70 University of Colorado Law Review 1317 (Fall 1999) Virginia's execution of Angel Breard last year, with the blessing of the United States Supreme Court but in the teeth of an order of the International Court of Justice (ICJ) and a request of the United States Secretary of State, raised a number of important questions concerning the distribution of powers and responsibilities among the state and... 1999  
Marcus R. Mumford Building upon a Foundation of Sand: a Commentary on the International Criminal Court Treaty Conference 8 Journal of International Law and Practice 151 (Spring, 1999) International human rights groups have proclaimed the recent International Criminal Court (ICC) treaty a voice for victims, an end to impunity, and one of the greatest victories for peace in the past 100 years. Their cheering and the cheering of many national delegations responsible for finalizing the ICC treaty resounded through the ruins of... 1999  
Erwin Chemerinsky Bulletproof States? 85-APR ABA Journal 32 (April, 1999) When may states be sued in federal and state courts? This is the question posed by three cases now pending in the U.S. Supreme Court. The stakes are high because rulings for state governments could leave injured plaintiffs with no opportunity for relief. All three cases ask the justices to clarify the meaning and scope of Seminole Tribe v. Florida,... 1999  
Donald A. MacLean Can the Ec Kill the Irish Unborn?: an Investigation of the European Community's Ability to Impinge on the Moral Sovereignty of Member States 28 Hofstra Law Review 527 (Winter 1999) Ireland considers abortion to be morally wrong, and the Bunreacht na hÉireann, Ireland's Constitution, specifically protects the right to life of the unborn. The European Community (EC), on the other hand, considers abortion to be a service, and restricts a Member State's ability to hamper access to services. While Ireland has successfully... 1999  
G. Carol Brani Civil Rights and Mortgage Lending Discrimination: Establishing a Prima Facie Case under the Disparate Treatment Theory 5 Race and Ethnic Ancestry Law Journal 42 (Spring, 1999) The disincentives to pursue mortgage lending discrimination claims have rarely been more clear than in the Latimore v. Citibank Federal Savings Bank decision, a 1998 fair-lending case heard by the United States Court of Appeals for the Seventh Circuit. Helen Latimore, a creditworthy black applicant, alleged that Citibank Federal Savings Bank... 1999  
James J. Moriarty Congressional Claims for Treaty Termination Powers in the Age of the Diminished Presidency 14 Connecticut Journal of International Law 123 (Summer 1999) The Constitution expressly grants to the President and the Senate the power to make treaties but does not explicitly address the issue of treaty termination. As such, [t]he silence of the Constitution renders a textual analysis impossible, but the nature, character, and structure of the treaty making power and the conclusions to be drawn from the... 1999  
David J. Bederman Deference or Deception: Treaty Rights as Political Questions 70 University of Colorado Law Review 1439 (Fall 1999) In his path-breaking article, Is There a Political Question Doctrine?, Professor Louis Henkin considered a number of aspects of the separation of powers doctrine and judicial competence to decide certain types of interbranch disputes. He elucidated a positively crucial distinction, one that reverberates with consequences for understanding the... 1999  
Joseph E. Bush Defining Group Rights and Delineating Sovereignty: a Case from the Republic of Fiji 14 American University International Law Review 735 (1999) INTRODUCTION. 735 I. THE 1990 CONSTITUTION. 737 II. CONSTITUTIONAL REVIEW. 739 III. SELF-DETERMINATION. 740 IV. GROUP RIGHTS. 744 V. LAND, LEADERSHIP, AND CUSTOMS. 747 VI. FIJIAN AFFAIRS ACT. 749 VII. NATIVE LANDS ACT AND NATIVE LAND TRUST ACT. 751 VIII. RHETORICAL INDIVISIBILITY AND HISTORICAL COMPROMISE. 753 CONCLUSION. 758 1999  
James A. Adkins Ethical Treatment of Private Property Owners When Implementing Protection Measures for Rare and Endangered Species 26 Northern Kentucky Law Review 421 (Summer, 1999) Funny thing how it is. If a man owns a little property, that property is him, it's part of him, and it's like him. If he owns property only so he can walk on it and handle it and be sad when it isn't doing well, and feel fine when the rain falls on it, that property is him, and some way he's bigger because he owns it. -John Steinbeck The Grapes... 1999  
Eric W. Castillo Federal Tax Treatment of Computer Software under Norwest v. Commissioner 26 Rutgers Computer and Technology Law Journal 157 (1999) Since the birth of the computer software industry in the 1970's, the courts and lawmakers have been repeatedly faced with the task of classifying software under the common law labels of tangible or intangible property. One area of the law in which these classifications for software are of great importance is federal taxation. Under the Internal... 1999  
Antony Anghie Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-century International Law 40 Harvard International Law Journal L.J. 1 (Winter, 1999) International law is universal. It is a body of law that applies to all states regardless of their specific cultures, belief systems, and political organizations. It is a common set of doctrines that all states use to regulate relations with each other. The association between international law and universality is so ingrained that pointing to this... 1999  
Shoshana K. Kehoe Giving the Disabled and Terminally Ill a Voice: Mandating Mediation for All Physician-assisted Suicide, Withdrawal of Life Support, or Life-sustaining Treatment Requests 20 Hamline Journal of Public Law and Policy 373 (Spring 1999) The State may not authorize the taking of life (or liberty or property) without due process, and the process that is due depends on the stakes involved and chances of error. No stakes are higher than when a human life is at issue, and the chances of error are high when the issue is knowing what is going on inside the mind of a person disabled from... 1999  
John C. Yoo Globalism and the Constitution: Treaties, Non-self-execution, and the Original Understanding 99 Columbia Law Review 1955 (December, 1999) As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the... 1999  
Christopher W. Rudolph Globalization, Sovereignty, and Migration: a Conceptual Framework 3 UCLA Journal of International Law and Foreign Affairs 325 (Fall/Winter, 1998-1999) Change is no stranger to the international system. Yet, the rate of change experienced in the contemporary new world order has left many to ponder how such changes affect our lives and our futures. The proliferation of regional trade and integration regimes, such as the EU, NAFTA, and APEC, among others, signal the growing global consensus that... 1999  
Hon. Samuel P. King Hawaiian Sovereignty 3-JUL Hawaii Bar Journal B.J. 6 (July, 1999) The idea of a resurrected nation of, by, and for Hawaiians has gained momentum since the early 1970s and is now a major political issue facing the people of the State of Hawaii. This drive for separate recognition has coincided with an increasing loss by Hawaiians of political power and patronage in both elective and appointive government positions... 1999  
Wythe Holt How a Founder Becomes Forgotten: Chief Justice John Rutledge, Slavery, and the Jay Treaty 7 Journal of Southern Legal History Hist. 5 (1999) The second Chief Justice of the United States, John Rutledge of South Carolina, is today a forgotten member of the Founding Generation. One of the most effective, successful, and well-remunerated lawyers of his day, a forceful legislator and political leader of his colony and state from his youth through middle age, a noted judge who was twice... 1999  
Kaighn Smith, Jr. How Do We Work This? Making Sense of the Liability Standard in "Disparate Treatment" Employment Discrimination Cases 14 Maine Bar Journal 34 (January, 1999) In 1991, Congress amended Title VII of the 1964 Civil Rights Act to give plaintiffs alleging adverse employment treatment because of race, sex, religion, or national origin the right to jury trials and to recover compensatory and punitive damages. In 1997, the Maine legislature followed suit and amended the Maine Human Rights Act (MHRA) to track... 1999  
Surya P. Subedi Hydro-diplomacy in South Asia: the Conclusion of the Mahakali and Ganges River Treaties 93 American Journal of International Law 953 (October, 1999) South Asia, one of the most populous and thirsty regions of the world, has had to deal with more than its fair share of international water-related problems in the second half of this century. The first major water-related problem, which concerned the river Indus between India and Pakistan, was resolved by these two states to their satisfaction and... 1999  
Salman M.A. Salman, Kishor Uprety Hydro-politics in South Asia: a Comparative Analysis of the Mahakali and the Ganges Treaties 39 Natural Resources Journal 295 (Spring, 1999) The numerous problems raised by the management of water resources are currently receiving ever-greater attention from governments around the globe. These problems stem from the fact that water resources are qualitatively and quantitatively limited, and that opportunities for the exploitation of these resources abound. These factors have led to an... 1999  
John Matthew Guard Impotent Figureheads ? State Sovereignty, Federalism, and the Constitutionality of Section 2 of the Voting Rights Act after Lopez v. Monterey County and City of Boerne v. Flores 74 Tulane Law Review 329 (November, 1999) The Supreme Court has never clearly defined Congress's power, under the Enforcement Clauses of the Reconstruction Amendments, to burden neutral state laws that may have a discriminatory effect, but are themselves not constitutional violations. Section 2 of the Voting Rights Act represents one of the most burdensome and expansive regulations of a... 1999  
By Timothy M. Sullivan Inadequate Analysis Leading to an Accurate Conclusion: the Ninth Circuit's Cursory Treatment of the Constitutionality of the Lacey Act in United States v. Senchenko 29 Environmental Law 743 (Fall 1999) Under the Lacey Act, violation of a state law or regulation governing the taking of wildlife can form the basis for a federal criminal conviction. By prohibiting the movement in interstate commerce of wildlife taken in violation of federal, state, foreign, or tribal laws or regulations, the Act incorporates state criminal law as a basis for federal... 1999  
Mari M. “Miki” Presley Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators' Treatment and Care Act: Replacing Criminal Justice with Civil Commitment 26 Florida State University Law Review 487 (Winter, 1999) I. Introduction. 488 II. The Jimmy Ryce Act Procedure for Commitment and Release. 490 A. Commitment. 490 B. Release. 492 III. Double Jeopardy and Ex Post Facto Clauses: Is the Commitment of Sexual Predators Subsequent to Their Jail Sentence a Fundamentally Civil or Criminal Proceeding?. 492 A. Kansas v. Hendricks. 492 B. The Practical Reality of... 1999  
Robert J. Sternberg ;and Elena L. Grigorenko Jumping the Queue: an Inquiry into the Legal Treatment of Students with Learning Disabilities. By Mark Kelman and Gillian Lester. Cambridge: Harvard University Press. Pp. Xi, 313. $39.95. 97 Michigan Law Review 1928 (May, 1999) It is annoying when one is in a long line--at a ticket counter, at a supermarket, at a bank--and someone jumps the queue, taking a position in line ahead of other people who lined up first. The title of Mark Kelman and Gillian Lester's book, Jumping the Queue, gives the reader advance warning of the authors' position on people who edge ahead in... 1999  
Kevin M. Clermont Jurisdictional Salvation and the Hague Treaty 85 Cornell Law Review 89 (November, 1999) The United States' law of territorial jurisdiction in civil cases is a mess. Many commentators, here and abroad, have said so for a long time. The United States' treatment of foreign judgments, however, stands in contrast. As a well-behaved member of the international community of nations, the United States eagerly gives appropriate respect to... 1999  
By Douglas W. Kmiec Kimel 1999-00 Preview of United States Supreme Court Cases 13 (9/13/1999) Federal-state relations remain in play in the Supreme Court. In this case, state employees allege that they have been discriminated against on the basis of age. The federal government argues that it can impose its more strict theory of age discrimination on the states, claiming both that it has explicitly abrogated the state's immunity from such... 1999  
Carlos Manuel Vázquez Laughing at Treaties 99 Columbia Law Review 2154 (December, 1999) Professor Vázquez argues in this Response that constitutional text, doctrine, and structure--to say nothing of the Founders' intent--rule out Professor Yoo's claim that all or most treaties categorically or presumptively lack the force of domestic law and thus, unless implemented by statute, can be disregarded by citizens, the courts, and other... 1999  
Sulaiman M. Qazi Licensed to Steal: Has Sovereign Immunity Gone Too Far? 32 John Marshall Law Review 779 (Spring 1999) Q Labs, a hypothetical small biotechnology company, discovered and patented an enzyme used to catalyze a set of reactions. State University, through its perusal of Q Labs' research papers and presentations, was able to reproduce the enzyme in its research facility. State University used the Q enzyme in its own chemical reaction to produce an... 1999  
Jack N. Rakove Making a Hash of Sovereignty, Part Ii 3 Green Bag 51 (Autumn 1999) IN THE FIRST INSTALLMENT of this essay, I proposed that Americans should long since have banished the word sovereignty from their political vocabulary (at least as it is applied to issues of domestic governance, as opposed to the usage which sees all nation-states as equally sovereign jurisdictions). The traditional definition of sovereignty--which... 1999  
Jennifer L. Hartsell Mother May I...Live? Parental Refusal of Life-sustaining Medical Treatment for Children Based on Religious Objections 66 Tennessee Law Review 499 (Winter 1999) C1-6Table of Contents L1-6 I. L2-5,T5INTRODUCTION 499 II. L2-5,T5RELIGIOUS DENOMINATIONS CHOOSING SPIRITUAL HEALING OVER CONVENTIONAL MEDICAL TREATMENT 503 III. L2-5,T5CRIMINAL CHARGES AND CIVIL PENALTIES 506 IV. L2-5,T5DEFENSES TO CRIMINAL CHARGES 509 A. L3-5,T5Statutory Exemptions for Spiritual Treatment 509 1. L4-5,T5Child Abuse, Neglect, and... 1999  
Mitchell B. Weiss Mr. Justice Holmes's Constitutionally Crooked Path Part Ii: the State Sovereignty Jurisdictional Stopgap 47 Cleveland State Law Review 497 (1999) I. L2-3Congress's (In)Ability to Regulate the States' Internal Affairs 499 A. Before the New Deal. 499 B. During and After the New Deal. 501 II. L2-3The State Sovereignty Jurisdictional Stopgap 506 A. Charting the Course. 506 B. The Jurisdictional Turn. 507 C. Alden, et al. vs. The State of Maine. 509 D. The Tenth Amendment vs. The Supremacy... 1999  
F. Ryan Keith Must Courts Raise the Eleventh Amendment Sua Sponte?: the Jurisdictional Difficulty of State Sovereign Immunity 56 Washington and Lee Law Review 1037 (Summer, 1999) Table of Contents I. Introduction. 1038 II. The Love-Hate Relationship of the Eleventh Amendment and State Sovereign Immunity. 1040 A. The Love. 1040 B. The Hate. 1041 III. How Sovereign Immunity Looks Like Jurisdiction. 1044 IV. Can a State Waive Its Sovereign Immunity by Omission?: A Split in the Circuits. 1048 A. Patsy's Permissive Standard: A... 1999  
David A. Nill National Sovereignty: must it Be Sacrificed to the International Criminal Court? 14 BYU Journal of Public Law 119 (1999) The essence of statehood, of being a country distinct from neighboring lands, is the capacity for self-determination. For centuries, if not for all of human history, sovereignty has been the core element of differentiation between groups, people, and nations. With the rise of international agreements, and the formation of multinational trading... 1999  
M. Cherif Bassiouni Negotiating the Treaty of Rome on the Establishment of an International Criminal Court 32 Cornell International Law Journal 443 (1999) From 1995 to 1998, the United Nations General Assembly convened two committees to produce what was called a consolidated text of the Draft Statute for the Establishment of an International Criminal Court (ICC). The Ad Hoc Committee on the Establishment of an International Criminal Court (Ad Hoc Committee) met throughout 1995 to discuss major... 1999  
Gillian Hadfield Of Sovereignty and Contract: Damages for Breach of Contract by Government 8 Southern California Interdisciplinary Law Journal 467 (Spring, 1999) The ability of the sovereign to bind itself in contract has been an important step in the evolution of the modern democratic state. Through the use of contracts, government has been able to perform its functions more effectively by drawing on private resources to deliver governmental goods and services. Politically, by honoring its contracts,... 1999  
Guadalupe T. Luna On the Complexities of Race: the Treaty of Guadalupe Hidalgo Anddred Scott v. Sandford 53 University of Miami Law Review 691 (July, 1999) Failure to see the complexity of race leads to failure to understand racism. LatCrit theory endeavors to transform our understanding of race. Moving towards a more sophisticated understanding of race, LatCrit theorists are exposing denied linkages between the marginalization of communities of color and legal norms refuted by mainstream law.... 1999  
Report of the Joseph R. Crowley Program One Country, Two Legal Systems? 23 Fordham International Law Journal L.J. 1 (November, 1999) In January 1999, the Hong Kong Court of Final Appeal (or CFA) for the first time exercised its power of judicial review under the Basic Law of the Hong Kong Special Administrative Region (Basic Law). The Basic Law effectively serves as Hong Kong's constitution within the People's Republic of China (China or PRC) and implements the idea that... 1999  
Erwin Chemerinsky Permission to Litigate 85-AUG ABA Journal 42 (August, 1999) In a series of startling decisions, the U.S. Supreme Court has dramatically changed basic principles of judicial jurisdiction. For the last 212 years, Americans have been able to sue state governments for violating federal laws and inflicting injuries. There has always been some judicial forum available for redress. However, in three final rulings... 1999  
Ivy Anderson Protecting the Salmon: an Implied Right of Habitat Protection in the Stevens Treaties, and its Impact on the Columbia River Basin 24 Vermont Law Review 143 (Fall, 1999) The people were starving because the fish could not ascend the Columbia and they appealed to their hero for help. Coyote was too well known to approach directly, so he craftily turned himself into a baby, was strapped onto a cradle board, and set adrift down the river. Eventually he bumped up against the dam. Oh, look at the poor baby! the... 1999  
Lisa M. Durham Protection from Age Discrimination for State Employees: Abrogation of Eleventh Amendment Sovereign Immunity in the Age Discrimination in Employment Act 33 Georgia Law Review 541 (Winter, 1999) Protection from discrimination in the workplace has been a primary legislative concern in the latter half of the twentieth century. Congress has actively promoted a policy of equality in the workplace through its enactment of several statutes to provide for the protection of various classes of workers. The Age Discrimination in Employment Act of... 1999  
Shubha Ghosh Reconciling Property Rights and States' Rights in the Information Age: Federalism, the "Sovereign's Prerogative" and Takings after College Savings 31 University of Toledo Law Review 17 (Fall 1999) IF a state government appropriates or regulates real or personal property, then it in many instances must compensate the property owner under the U.S. Constitution Takings Clause. The same principle should apply when the state infringes upon intellectual property rights, whether in the form of patent, copyright, trademark, trade secret, or unfair... 1999  
Ben Ritterspach Refusal of Medical Treatment on the Basis of Religion and an Analysis of the Duty to Mitigate Damages under Free Exercise Jurisprudence 25 Ohio Northern University Law Review 381 (1999) Courts have generally acknowledged that a patient has the right to refuse medical treatment for religious reasons when the patient is a competent adult, childless, and not pregnant. A unique problem arises when a patient who has refused medical treatment due to his or her religious beliefs seeks recovery in tort for the injury suffered. These... 1999  
Jodi Horowitz Regina v. Bartle and the Commissioner of Police for the Metropolis and Others ex Parte Pinochet: Universal Jurisdiction and Sovereign Immunity for Jus Cogens Violations 23 Fordham International Law Journal 489 (December, 1999) Beginning in 1973 and lasting seventeen years, Senator Augusto Pinochet Ugarte allegedly committed heinous acts of torture upon the citizens of Chile. Under Pinochet's supervision, military subordinates systematically broke people's bones, and burned or dragged them through bushes from a helicopter. Furthermore, these subordinates applied electric... 1999  
Serge V. Pavlyuk Regulation of the Turkish Straits: Unclos as an Alternative to the Treaty of Montreux and the 1994 Maritime Traffic Regulations for the Turkish Straits and Marmara Region 22 Fordham International Law Journal 961 (March, 1999) The international community rarely accepts the unilateral action of one government if the action affects the rights of the international community. Although an action may be justified by a policy of environmental protection, the international community is likely to challenge it. One such challenge occurred when Turkey unilaterally adopted the... 1999  
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