AuthorTitleCitationSummaryYearKey Terms
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
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
Benjamin W. Thompson The De Facto Termi Native Sovereignty: an Anomaly in an Era of Self-determination 24 American Indian Law Review 421 (2000) Chefornak is a village of two hundred Eskimos, on the edge of the Bering Sea. I arrived on the day the people had met to consider the adoption of a written tribal constitution. Discussion went on in Yup'ik for an afternoon. Their sense that a tribal government is best for them was manifest, for they consider that neither a municipal form of... 2000 Yes
Christopher B. Chaney The Effect of the United States Supreme Court's Decisions During the Last Quarter of the Nineteenth Century on Tribal Criminal Jurisdiction 14 BYU Journal of Public Law 173 (2000) The roots of modern federal Indian law were established in a trilogy of United States Supreme Court decisions written by Justice John Marshall during the period of 1823 to 1832. In Johnson v. McIntosh, the Supreme Court established the notion of European discovery as the basis upon which the United States government obtained control over its... 2000 Yes
Vejay Lalla The Effectiveness of the Comprehensive Test Ban Treaty on Nuclear Weapons Proliferation: a Review of Nuclear Non-proliferation Treaties and the Impact of the Indian and Pakistani Nuclear Tests on the Non-proliferation Regime 8 Cardozo Journal of International and Comparative Law 103 (Spring 2000) On May 11, 1995, the world seemed to be a safer place when 178 countries agreed to permanently extend the United Nations Nuclear Non-Proliferation Treaty (NPT). On September 10, 1996, the United Nations General Assembly (UNGA) signed the Comprehensive Test Ban Treaty (CTBT), which was designed to ban all nuclear weapons test explosions and... 2000 Yes
Ann Tweedy The Liberal Forces Driving the Supreme Court's Divestment and Debasement of Tribal Sovereignty 18 Buffalo Public Interest Law Journal 147 (2000) This paper examines the Supreme Court's substantial abandonment of a territorially based conception of Indian tribal sovereignty in favor of a consent-based conception and its recent characterization of tribal sovereignty as a special right, which may be claimed only by weak and dependent tribes. It ultimately attributes these trends, in... 2000 Yes
Reverend Monsignor Franklyn M. Casale The President's Welcome Address for the Fifth St. Thomas University Tribal Sovereignty Symposium 13 Saint Thomas Law Review Rev. 3 (Fall, 2000) It is with great pleasure that I welcome you all to our Fifth Tribal Sovereignty Symposium. This year's main concern is a very local one, but one with national and international implications. Its title is Sacred Sites and Modern Lives: The Miami Circle and Beyond. We are very proud that St. Thomas University is the location for such an important... 2000 Yes
Mary Christina Wood The Tribal Property Right to Wildlife Capital (Part I): Applying Principles of Sovereignty to Protect Imperiled Wildlife Populations 37 Idaho Law Review Rev. 1 (2000) As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... 2000 Yes
Mary Christina Wood The Tribal Property Right to Wildlife Capital (Part I): Applying Principles of Sovereignty to Protect Imperiled Wildlife Populations 37 Idaho Law Review Rev. 1 (2000) As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... 2000 Yes
Jill Norgren, John Jay College and University Graduate Center, CUNY Vine Deloria Jr. and David E. Wilkins, Tribes, Treaties, and Constitutional Tribulations. Austin: University of Texas Press, 1999. 209 Pp. $30 (Hardback). $14.95 (Paperback) 44 American Journal of Legal History 325 (July, 2000) Two things are certain about federal Indian law: its history is little known and its substance is even less well understood. Federal Indian law is a complex, often contradictory body of rules, a two century-long accretion of statutes, judicial opinions and executive branch decisions. Vine Deloria, Jr. and David E. Wilkins, both respected scholars... 2000 Yes
John R. Hinrichs Weston v. Jones: Using State Court Subject Matter Jurisdiction by Estoppel to Undermine Tribal Sovereignty 45 South Dakota Law Review 345 (1999-2000) In Weston v. Jones, the South Dakota Supreme Court ruled that a party to a divorce proceeding in state court could not collaterally attack that court's jurisdiction after a decree had been rendered. The original decree was void for lack of jurisdiction because a tribal court had exclusive jurisdiction over the divorce proceeding. According to... 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  
Scott D. Nelson Big Brother Stole My Patent: the Expansion of the Doctrine of State Sovereign Immunity and the Dramatic Weakening of Federal Patent Law 34 U.C. Davis Law Review 271 (Fall 2000) Introduction. 273 I. Background. 275 A. Congress's Fourteenth Amendment Power to Abrogate State Soveriegn Immunity. 275 B. Other Exceptions to Sovereign Immunity: Ex parte Young, Discretionary Grants, and Implied Waivers. 280 1. Discretionary Waivers. 280 2. The Ex parte Young Doctrine. 281 3. Congress's Commerce Clause Power to Abrogate State... 2000  
Steve France 'Class of One' 86-APR ABA Journal 35 (April, 2000) Depending on how things shake out, the Supreme Court's decision allowing Grace Olech to sue a suburb of Chicago could be among the least important--or most significant--cases of the term. The decision actually does not seem all that unusual: Olech's complaint against the village of Willow-brook, Ill., states a claim under the equal protection... 2000  
Mary L. Senkbeil Constitutional Law 26 William Mitchell Law Review 1235 (2000) In the past year, the Supreme Court revisited its interpretation of state sovereign immunity. Only eleven years ago, the Court issued an opinion broadly construing Congress' power to override states' immunity to suit. More recently a new majority has begun to reign in and overrule prior decisions while expounding on the history of federalism. In... 2000  
Chad Alston Horner Constitutional Law Ii-eleventh Amendment Sovereign Immunity 22 University of Arkansas at Little Rock Law Review 777 (Summer, 2000) In Alden v. Maine, the United States Supreme Court addressed whether Congress can require the State of Maine to defend a Fair Labor Standards Act action in its own state courts. A group of Maine probation officers sued the state, under the Fair Labor Standards Act, to collect unpaid overtime compensation. They initially brought the action in the... 2000  
  Constitutional Law--state Sovereign Immunity--fifth Circuit Holds That Eleventh Amendment Bars Qui Tam Suits Against States When the Department of Justice Does Not Intervene.--united States ex Rel. Foulds v. Texas Tech University, 171 F.3d 279 (5th Cir. 1 113 Harvard Law Review 1057 (February, 2000) Over the past eight years, the circuits have considered whether the Eleventh Amendment bars suits against states by qui tam plaintiffs when the Department of Justice chooses not to intervene. The first four circuits to reach the issue concluded that qui tam actions were effectively suits by the United States, and that the states' sovereign immunity... 2000  
  Constitutional Law--treaty Clause--district Court Holds That Nafta Is a Valid Exercise of the Foreign Commerce Power.--made in the Usa Foundation v. United States, 56 F. Supp. 2d 1226 (N.d. Ala. 1999). 113 Harvard Law Review 1234 (March, 2000) On November 20, 1993, Congress passed legislation approving and implementing the North American Free Trade Agreement (NAFTA), marking the end of a long political struggle over the wisdom of continental free trade. The vote prompted a new legal battle, however, over whether NAFTA is constitutional despite having failed to receive two-thirds Senate... 2000  
H. Jefferson Powell , Benjamin J. Priester Convenient Shorthand: the Supreme Court and the Language of State Sovereignty 71 University of Colorado Law Review 645 (Summer 2000) Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription and federal court litigation. In addition, the Court has broadened the effective... 2000  
Catharine A. MacKinnon Disputing Male Sovereignty: on United States v. Morrison 114 Harvard Law Review 135 (November, 2000) Last Term, in United States v. Morrison, the Violence Against Women Act (the VAWA) became one of only two federal laws against discrimination to be invalidated by the United States Supreme Court since Reconstruction. In passing the VAWA, Congress sought to remedy well-documented inadequacies in existing laws against domestic violence and sexual... 2000  
Chrystal Bobbitt Domestic Sovereign Immunity: a Long Way Back to the Eleventh Amendment 22 Whittier Law Review 531 (2000) [H]ow true it is, that States and Governments were made for man; and, at the same time, how true it is, that his creatures and servants have first deceived, next vilified, and, at last, oppressed their master and maker. Sovereign immunity and the Eleventh Amendment, two terms that are deeply entrenched in our legal vocabulary, have come to... 2000  
Peter S. Menell Economic Implications of State Sovereign Immunity from Infringement of Federal Intellectual Property Rights 33 Loyola of Los Angeles Law Review 1399 (June, 2000) The federal intellectual property system serves as a principal means of promoting progress in Science and useful Arts through the provision of limited monopolies to authors and inventors. By this logic, enhancing the scope or enforceability of intellectual property rights increases the expected reward to those engaged in intellectual work,... 2000  
Steven H. Steinglass Eleventh Amendment Federalism and State Sovereign Immunity Cases: Direct Effect on Section 1983? 16 Touro Law Review 769 (Spring, 2000) Dean Steinglass is going to lead our next discussion, and lead off with a discussion on Alden v. Maine. I was asked to address briefly the impact of the Supreme Court's recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on... 2000  
Ann Valdivia Eleventh and Fourteenth Amendments - Patent Remedy Act - Congress, in an Effort to Abrogate State Sovereign Immunity by Subjecting the States and Their Instrumentalities to Liability in Federal Court for Patent Infringement, Exceeded its Authority under 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  
David Sloss Ex Parte Young and Federal Remedies for Human Rights Treaty Violations 75 Washington Law Review 1103 (October, 2000) Abstract: The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local... 2000  
Henry J. Richardson III Excluding Race Strategies from International Legal History: the Self-executing Treaty Doctrine and the Southern Africa Tripartite Agreement 45 Villanova Law Review 1091 (2000) PROFESSOR Ruth E. Gordon has thoughtfully suggested that our mission in this Symposium is to explore what viewing the world through the prism of race consciousness portends for future efforts to remake the international system by giving a voice to the voiceless. This Article asks how this mission relates to the writing of international legal... 2000  
Steven McLain Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank: Sovereign Impenetrability? 9 George Mason Law Review 529 (Winter, 2000) The United States Congress has the power to promote the Progress of Science and useful Arts, by securing for Limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. That the Framers saw the need to include such a power in the Constitution speaks directly to the importance of the issue. To foment... 2000  
Marcelo Halpern , Ajay K. Mehrotra From International Treaties to Internet Norms:the Evolution of International Trademark Disputes in the Internet Age 21 University of Pennsylvania Journal of International Economic Law 523 (Fall 2000) In today's dynamic, digital economy, there is a global clash between geographically bounded trademarks and the limitless reach of the Internet. Trademark law, by definition, is premised on the principle of territoriality. The legal rights that give trademarks and other forms of intellectual property economic value are circumscribed by geography.... 2000  
Todd M. Rowe Global Technology Protection: Moving past the Treaty 4 Marquette Intellectual Property Law Review 107 (2000) When the farmer was absent from his fields, the scarecrow was positioned to discourage local animals' best attempts to feed on the fall's harvest. However, the scarecrow's effectiveness may have been overrated. Moreover, this confidence in the scarecrow may have actually inhibited the development of more effective methods to protect the farmer's... 2000  
Ely Todd Chayet Hypothetical Jurisdiction and Interjurisdictional Preclusion: a "Comity" of Errors 28 Pepperdine Law Review 75 (2000) When people hear the term federal subject matter jurisdiction, they do not usually come running enthusiastically toward the conversation. Many find the subject boring, complicated, or confusing. For whatever reason, they just do not want to deal with it. This perception is not limited to cocktail party conversation topics; it is manifest even in... 2000  
Bernard H. Oxman, Peter H. F. Bekker, White Case LLP, New York Icj Jurisdiction-general Act for Pacific Settlement of International Disputes-treaty Succession-commonwealth and Multilateral-treaty Reservations in Optional Clause Declarations-un Charter as Basis of Jurisdiction-effect of Obligation to Settle Disputes b 94 American Journal of International Law 707 (October, 2000) On September 21, 1999, Pakistan filed an application requesting the International Court of Justice (ICJ) to declare India responsible for the shooting down of an unarmed aircraft of the Pakistani navy by Indian air force planes on August 10, 1999. Pakistan also maintained that Indian air force helicopters violated its territorial integrity by... 2000  
Robin Kundis Craig Idaho Sporting Congress v. Thomas and Sovereign Immunity: Federal Facility Nonpoint Sources, the Apa, and the Meaning of "In the Same Manner and to the Same Extent as Any Nongovernmental Entity" 30 Environmental Law 527 (Summer, 2000) As far back as 1972, Congress recognized that both federal facilities and nonpoint sources contribute significantly to water pollution, and recent observations emphasize that nonpoint source water pollution on federal lands from federally conducted or federally authorized activities-federal facility nonpoint sources-are significant continuing... 2000  
Homi Mistry India: Treaty Benefit Qualification Rules 11-JAN Journal of International Taxation 14 (January, 2000) India's Authority for Advance Rulings (AAR) recently held that individuals in the United Arab Emirates (U.A.E.) are not eligible for tax benefits under the India-U.A.E tax treaty since they are not subject to tax. The AAR ruled that a person's fiscal residence must be determined based on the liability to pay tax. The individual cannot get relief on... 2000  
David Milton Whalin John C. Calhoun Becomes the Tenth Justice: State Sovereignty, Judicial Review, and Environmental Law after June 23, 1999 27 Boston College Environmental Affairs Law Review 193 (2000) The past several years have witnessed a five Justice majority of the Supreme Court enunciating increasingly severe limitations upon Congress' Article I powers. One effort by these five Justices has emanated from a unique explication of the Eleventh Amendment which began with Seminole Tribe v. Florida in 1996 and was expanded by three decisions... 2000  
Michael C. Blumm, , Dale D. Goble, , Judith V. Royster, , Mary Christina Wood, Judicial Termination of Treaty Water Rights: the Snake River Case 36 Idaho Law Review 449 (2000) Idaho's Snake River Basin Adjudication (SRBA) will have a profound influence on Idaho's future: the SRBA court is now in the process of adjudicating the water right claims in nearly ninety percent of the state. Since most of the Snake Riverthe largest tributary of the Columbia Riveris located within Idaho, the SRBA will also have a substantial... 2000  
Rachel S. Brass Made in the Usa Foundation v. United States: Nafta, the Treaty Clause, and Constitutional Obsolescence 9 Minnesota Journal of Global Trade 663 (Summer 2000) After years of negotiation and domestic political conflict, the United States, Mexico and Canada adopted the North American Free Trade Agreement (NAFTA) in 1994. Four years later, the Made in the USA Foundation and the United Steel Workers of America filed suit in the Northern District of Alabama, charging the United States with passing NAFTA in... 2000  
Gerald J. Mossinghoff National Obligations under Intellectual Property Treaties: the Beginning of a True International Regime 9 Federal Circuit Bar Journal 591 (2000) Distinguished Jurists, Honored Guests, Ladies & Gentlemen: It is an honor for me to be able to participate in this major conference on International and Multinational Issues in Intellectual Property Law. Having served as U.S. Commissioner of Patents and Trademarks and as U.S. Ambassador to the Diplomatic Conference held in the early 1980s on the... 2000  
Jian Zhou National Treatment in Foreign Investment Law: a Compartive Study from a Chinese Perspective 10 Touro International Law Review 39 (Spring, 2000) I. L2-4Introduction 42 II. L2-4Chinese Foreign Investment Regimes 50 A. L3-4Foreign Investment in China: The Past Twenty Years 50 1. Initial Experimental Period (1979 -1982) 51 2. The Period of Fast Growth (1983-1989) 53 3. From Controlling to Regulating (1989-1996) 57 4. The Asian Financial Crisis to Present (1997) 61 B. L3-4Chinese Foreign... 2000  
Dr. Klinton W. Alexander Nato's Intervention in Kosovo: the Legal Case for Violating Yugoslavia's National Sovereignty in the Absence of Security Council Approval 22 Houston Journal of International Law 403 (Spring, 2000) I. L2-4Introduction 404 II. L2-4The Concept of National Sovereignty in International Law 408 A. L3-4National Sovereignty Prior to the U.N. Charter 408 B. L3-4The U.N. Charter and the Principle of National Sovereignty 409 III. L2-4The Doctrine of Humanitarian Intervention: The Emergence of a Special Exception to the Principle of National Sovereignty... 2000  
Edward T. Swaine Negotiating Federalism: State Bargaining and the Dormant Treaty Power 49 Duke Law Journal 1127 (March, 2000) The orthodox view that states have no role in U.S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a dormant bar on state participation--that is, absent a controlling federal statute or treaty--is obscure. Revisionist scholarship and recent Supreme Court case law suggest... 2000  
Dax Eric Lopez Not Twice for the Same: How the Dual Sovereignty Doctrine Is Used to Circumvent non Bis in Idem 33 Vanderbilt Journal of Transnational Law 1263 (November, 2000) Today, it is quite possible for a criminal defendant who has violated the laws of several countries with one criminal act to be subject to multiple prosecutions. In situations where two countries share concurrent criminal jurisdiction, it is unclear whether the defendant would be able to rely on some level of double jeopardy protection.... 2000  
Ana Maria Merico-Stephens Of Maine's Sovereignty, Alden's Federalism, and the Myth of Absolute Principles: the Newest Oldest Question of Constitutional Law 33 U.C. Davis Law Review 325 (Winter, 2000) C1-5Table of Contents L1-4Introduction 327 I. L2-4The Genealogy of Alden v. Maine: Mystical Categorical Federalism 334 II. L2-4Alden and the Myth of Absolute Sovereignty 347 A. L3-4An Examination of Alden's Doctrinal Justifications 349 B. L3-4An Examination of Alden's Historical Justifications 356 1. The Debate over Sovereign Immunity. 356 2. The... 2000  
Ann Woolhandler Old Property, New Property, and Sovereign Immunity 75 Notre Dame Law Review 919 (March, 2000) The Court last term built on Seminole Tribe's decision that Congress could not abrogate state immunity when acting under the commerce power. Alden v. Maine held that sovereign immunity could not be avoided merely by resort to state court. And the two Florida Prepaid cases indicated that state violations of federal statutes are not automatically... 2000  
Daniel A. Farber Pledging a New Allegiance: an Essay on Sovereignty and the New Federalism 75 Notre Dame Law Review 1133 (March, 2000) This Essay explores an emerging vision of federalism and its implementation in recent state immunity cases. Those recent cases reflect, I believe, not just a legal interpretation of the Tenth and Eleventh Amendments, but a coherent understanding of our governmental system and its relationship with citizens. Beyond that, I believe, these decisions... 2000  
Conrad A. Fjetland Possibilities for Expansion of the Migratory Bird Treaty Act for the Protection of Migratory Birds 40 Natural Resources Journal 47 (Winter, 2000) In 1916, the Migratory Bird Treaty Act (MBTA) was passed to address concerns about the indiscriminate killing of migratory birds. The MBTA has proven to be an effective tool in regulating hunting, the main concern of the early 1900s. However, since the 1970s, attempts to expand the MBTA to protect migratory birds from indirect killing resulting... 2000  
Vicki C. Jackson Principle and Compromise in Constitutional Adjudication: the Eleventh Amendment and State Sovereign Immunity 75 Notre Dame Law Review 953 (March, 2000) The Court's Eleventh Amendment and sovereign immunity case law deserves the condemnation and resistance of scholars. The Court has for the last ten years chosen to expand the range of government immunity from suit for wrongdoing, a result compelled neither by history nor logic. But in elevating state sovereign immunity to the status of a... 2000  
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