AuthorTitleCitationSummaryYearKey Terms
  B. United States v. Lopez: the Commerce Clause Vs. State Sovereignty, Once Again 22 Journal of Contemporary Law 158 (1996) In United States v. Lopez, the Supreme Court, for the first time in almost sixty years, struck down a congressional statute regulating private parties as beyond the reach of the commerce power of Article I Section 8 of the United States Constitution. This controversial case produced a fragmented five-four decision through six different opinions... 1996  
Patricia C. Kuszler Balancing the Barriers: Exploiting and Creating Incentives to Promote Development of New Tuberculosis Treatments 71 Washington Law Review 919 (October, 1996) Tuberculosis is one of the great medical paradoxes of our age. There are powerful drugs to cure the disease, yet it is far from being eradicated. Instead, it has re-emerged with the deadly form--the multidrug-resistant tuberculosis . . . and it is gaining the upper hand unless other new effective drugs are discovered soon . . . . As we face the... 1996  
Michael Kukuk Bioremediation: a Growing Trend in Pollution Treatment and Control 4 Missouri Environmental Law & Policy Review 11 (1996) On the list of things that people feel warm and fuzzy about, bacteria are somewhere between traffic jams and taxes. Bacteria are responsible for botulism poisoning and infections on skinned knees. In 1976, they killed 29 people at a Legionnaire's convention in Philadelphia. Just recently, because of them, one person died and more than 600 became... 1996  
Michael H. Gottesman Chickens Come Home to Roost: Have American Treaties Fenced off Some of Our Best Jobs from Americans? 27 Law and Policy in International Business 601 (Spring, 1996) The worm has turned, the pendulum swung, the chickens come home to roost. The bully is hoist on his own petard, there to suffer his just desserts. Our language abounds in metaphors reflecting our delight in David-and-Goliath stories, in which underdogs rise up to bite their oppressors. Here's one such story you may not find so delightful. The... 1996  
Charles Liu Chinese Sovereignty and Joint Development: a Pragmatic Solution to the Spratly Islands Dispute 18 Loyola of Los Angeles International and Comparative Law Journal 865 (September, 1996) The South China Sea contains a collection of tiny islands known as the Spratlys, which are the subject of a sovereignty dispute between China, Vietnam, the Philippines, Malaysia, and Brunei (claimants). Following World War II, the Spratlys remained largely unnoticed, except for a small Chinese garrison stationed there, and China's and Vietnam's... 1996  
Bradley C. Karkkainen Comment: Conceptions of Fiscal Federalism: Dual and Shared Sovereignty 2 Columbia Journal of European Law 565 (Spring/Summer, 1996) The principal papers presented here, by Lerke Osterloh and Richard Briffault, are highly informative and illuminating. The authors analyze the factual realities and practical limitations, as well as the legal underpinnings, of the fiscal constitutions of three federal systems: the United States, Germany, and the European Union. These papers thus... 1996  
Kevin C. Kennedy Conditional Approval of Treaties by the U.s. Senate 19 Loyola of Los Angeles International and Comparative Law Journal 89 (October, 1996) Article II, Section 2 of the U.S. Constitution provides that [the President] shall have power, by and with the Advice and Consent of the Senate, to make treaties. Beginning in the late 1980s and continuing into the 1990s, the Senate approved several human rights treaties that the political process had previously set aside. The Senate included a... 1996  
Nestor M. Davidson Constitutional Mass Torts: Sovereign Immunity and the Human Radiation Experiments 96 Columbia Law Review 1203 (June, 1996) On April 10, 1945, a few months before the first atomic bomb test at Trinity, New Mexico, doctors at a hospital near the Manhattan Project installation at Oak Ridge, Tennessee injected the victim of a car accident with plutonium. Project staff neither informed the patient of the nature of the experiment nor sought his consent. Federal officials,... 1996  
Alberto Szekely, J. Alan Beesley, Albert E. Utton Cuixmala Model Draft Treaty for the Protection of the Environment and the Natural Resources of North America 36 Natural Resources Journal 591 (Summer, 1996) The basic research paper for the preparation of this Model Draft Treaty was carried out and published by Alberto Székely under the title Establishing a Region for Ecological Cooperation in North America, in 32 Nat. Resources J. 563 (1992). The Cuixmala Model Draft was then prepared by the International Transboundary Resources Center's (CIRT)... 1996  
David J. Bederman Dead Man's Hand: Reshuffling Foreign Sovereign Immunities in U.s. Human Rights Litigation 25 Georgia Journal of International and Comparative Law 255 (1995/1996) Those litigating human rights claims in the federal courts of the United States have had a run of especially good luck of late. The adoption of the Torture Victim Protection Act (TVPA) in 1991, along with notable victories in the Marcos cases, Paul v. Avril, and Taye v. Negewo, have galvanized the human rights advocacy community here. There have... 1996  
P.R.V. Raghavan Decision Confuses Tax Status, Treaty Benefits for Companies Doing Business in India 7 Journal of International Taxation 427 (September, 1996) A December 1995 decision by the Authority for Advance Ruling (AAR) in India is creating confusion regarding the tax status of U.S. and other foreign companies investing in India. It has also called into question when these companies would be entitled to treaty benefits. National Westminster Bank (NatWest), a U.K. bank, formed two wholly owned... 1996  
Thomas Michael McDonnell Defensivley Invoking Treaties in American Courts-jurisdictional Challenges under the U.n. Drug Trafficking Convention by Foreign Defendents Kidnapped Abroad by U.s. Agents 37 William and Mary Law Review 1401 (Summer, 1996) Article VI of the United States Constitution makes treaties the supreme Law of the Land. Through this clause, the Framers intended, among other things, to grant foreigners the right to invoke treaties in American courts. The Framers thereby hoped to avoid conflicts with a foreigner's home country. The potential for such conflict rises when our... 1996  
Astrid A.M. Mattijssen, Charlene L. Smith Dutch Treats: the Lessons the U.s. Can Learn from How the Netherlands Protects Lesbians and Gays 4 American University Journal of Gender & the Law 303 (Spring 1996) Imagine the following: a small militant religious group led by the Reverend Goeree publishes a journal entitled Evan. An article in the journal's most recent edition attacks homosexuals under the banner headline Sodom is Everywhere. Reverend Goeree reprints the article in pamphlets and distributes it widely throughout the country. Included in the... 1996  
Michael W. Grainey , Dirk A. Dunning Federal Sovereign Immunity: How Self-regulation Became No Regulation at Hanford and Other Nuclear Weapons Facilities 31 Gonzaga Law Review 83 (1995-1996) I. Introduction. 84 II. Hanford: A Case Study in the Legacy of Self-Regulation. 85 A. Past Waste Management Practices. 85 B. Environmental Restoration and Disposal Facility. 92 III. Inadequate Federal Regulation. 95 IV. State Regulation of Federal Facilities. 96 V. The Doctrine of Sovereign Immunity and Recent Attempts to Curb Its Effect. 98 A.... 1996  
Danny Abir Foreign Sovereign Immunities Act: the Right to a Jury Trial in Suits Against Foreign Government-owned Corporations 32 Stanford Journal of International Law 159 (Summer, 1996) The King Can Do No Wrong!? In the United States, the Foreign Sovereign Immunities Act (the FSIA or the Act) is the sole basis for federal subject matter jurisdiction in civil actions against foreign states. The Act authorizes federal jurisdiction over any non-jury civil action brought by American plaintiffs against a foreign state. A... 1996  
Scott Finet Habitat Protection and the Migratory Bird Treaty Act 10 Tulane Environmental Law Journal L.J. 1 (Winter 1996) I. Introduction: The Acceleration of Extinction. 2 II. The Origins and Interpretations of the Migratory Bird Treaty Act. 5 A. Forces that Contributed to the Coreation of MBTA. 5 B. The Migratory Bird Treaty Act's Legislative History. 7 C. The MBTA Treaties. 9 D. Pre-ESA MBTA CAses. 11 E. Factors Influencing the MBTA Habitat Preservation Cases. 13... 1996  
Keith M. Stolte If it Walks like a Duck: a Proposal to Unify U.s. Customs' Treatment of Infringing Imports 29 John Marshall Law Review 711 (Spring 1996) A United States Customs Service official from Seattle contacted the General Counsel of ACME Widget Company, a world leader in the manufacture and sale of widgets, and informed her that Customs had seized an imported shipment of 500,000 widgets which bore the trademark WIGGIES. This mark was identical to a registered trademark under which ACME... 1996  
John K. Gamble , (with the Research Assistance of Donald Wagner) International Law and the Information Age 17 Michigan Journal of International Law 747 (Spring 1996) Introduction . 748 I. Information-Seeking Techniques . 751 A. Assumptions About, and Approaches to, Research . 752 B. An Inventory of Electronic Systems . 760 1. Lexis . 760 2. Westlaw . 762 3. QUICKLAW . 764 4. CD-ROM . 766 5. The Internet . 767 6. Discussion Groups, e.g., INT-LAW . 770 7. Multilaterals Project . 771 C. Hypertext . 773 II.... 1996  
Teresa L. Peters International Refugee Law the Treatment of Gender-based Persecution: International Initiatives as a Model and Mandate for National Reform 6 Transnational Law & Contemporary Problems 225 (Spring, 1996) I. Introduction. 226 II. Factual and Historical Background. 227 A. Overarching History of Immigration Prior to 1951. 227 B. Early International Response to the Plight of Refugees. 230 C. The Unique Situation of Female Refugees. 231 III. International Recognition and Response to the Need for Protection of Women. 234 A. Documents Pertaining to Women... 1996  
Martin A. Rogoff Interpretation of International Agreements by Domestic Courts and the Politics of International Treaty Relations: Reflections on Some Recent Decisions of the United States Supreme Court 11 American University Journal of International Law and Policy 559 (1996) In its 1993 decision in Sale v. Haitian Centers Council, Inc., the United States Supreme Court upheld the policy of the Clinton administration of intercepting on the high seas Haitians bound by ship for the United States and forcibly repatriating them without first determining whether they could be classified as refugees, thereby qualifying for... 1996  
Joshua I. Schwartz Liability for Sovereign Acts: Congruence and Exceptionalism in Government Contracts Law 64 George Washington Law Review 633 (April, 1996) This Article explores two doctrines that have been employed to relieve the United States of liability for certain kinds of governmental actions that interfere with performance of a federal governmental contract. The scope and rationale of each of these two doctrines, the sovereign acts doctrine and the unmistakability doctrine, have been far from... 1996  
James L. Wescoat, Jr. Main Currents in Early Multilateral Water Treaties: a Historical-geographic Perspective, 1648-1948 7 Colorado Journal of International Environmental Law and Policy 39 (Winter, 1996) Phrases like water for peace, water wars, integrated water management, hydropolitics, and water sharing have become common in international water policy discussions of the past decade. Although most recently applied to the Middle East, these expressions have also found currency in Asia, North America, multilateral forums, and elsewhere.... 1996  
A.J. Tangeman Nafta and the Changing Role of State Government in a Global Economy: Will the Nafta Federal-state Consultation Process Preserve State Sovereignty? 20 Seattle University Law Review 243 (Fall 1996) Over the last several years, state and federal officials have become increasingly concerned about the security of state sovereignty in the face of the United States government's aggressive trade policy. As barriers among countries diminish and the domestic and foreign spheres of government become more integrated, a state's ability to regulate and... 1996  
Robert Batey Naked Lunch for Lawyers: William S. Burroughs on Capital Punishment, Pornography, the Drug Trade, and the Predatory Nature of Human Interaction 27 California Western International Law Journal 101 (Fall 1996) At eighty-two, William S. Burroughs has become a literary icon, arguably the most influential American prose writer of the last 40 years, the rebel spirit who has witch-doctored our culture and consciousness the most. In addition to literature, Burroughs' influence is discernible in contemporary music, art, filmmaking, and virtually any other... 1996  
Matthew Schaefer National Review of Wto Dispute Settlement Reports: in the Name of Sovereignty or Enhanced Wto Rule Compliance? 11 Saint John's Journal of Legal Commentary 307 (Spring 1996) The Uruguay Round of Multilateral Trade Negotiations expanded the scope of substantive obligations within the world trading system to include rules on trade-in-services and trade-related intellectual property rights. This Round also strengthened existing rules relating to trade-in-goods, including a forty percent reduction in worldwide tariffs and... 1996  
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
G. Porter Elliott Neutrality, the Acquis Communautaire and the European Union's Search for a Common Foreign and Security Policy under Title V of the Maastricht Treaty: the Accession of Austria, Finland and Sweden 25 Georgia Journal of International and Comparative Law 601 (Summer, 1996) Page I. INTRODUCTION. 603 II. SUMMARY OF RECENT SECURITY THREATS TO THE EUROPEAN COMMUNITY. 607 A. The Former Soviet Union. 607 B. The Former Yugoslavia. 609 C. Germany. 611 III. LAYING THE LEGAL FOUNDATION FOR A MORE SECURE UNION. 613 A. Title V of the Maastricht Treaty. 614 B. The Western European Union. 615 IV. ACQUIS COMMUNAUTAIRE, THE 1995... 1996  
Leo P. Martinez Of Fairness and Might: the Limits of Sovereign Power to Tax after Winstar 28 Arizona State Law Journal 1193 (Winter, 1996) The power to tax is . . . the most pervading of all the powers of government. A legal duty with no legal remedy is an illusion. C1-3TABLE OF CONTENTS I. INTRODUCTION. 1194 II. THE POWER TO TAX. 1196 A. Government's Broad Powers of Taxation. 1196 B. Limitations on the Power to Tax. 1199 1. Deterrent Taxes. 1201 2. Punitive Taxes. 1204 3. Harsh... 1996  
Steven Pachman Preventing the Friendship, Commerce and Navigation Treaty "From Being Set at Naught": Allowing Subsidiaries to Assert Foreign Parent's Treaty Rights 69 Temple Law Review 485 (Spring 1996) Following World War II, the United States sought to protect and facilitate international investment by signing friendship, commerce, and navigation (FCN) treaties with more than two dozen countries. The basic intent in negotiating these treaties was to promote and preserve both foreign investment in the United States and United States investment... 1996  
Renna Rhodes Principles of Governmental Immunity in Texas: the Texas Government Waives Sovereign Immunity When it Contracts -- or Does It? 27 Saint Mary's Law Journal 679 (1996) I. Introduction . 679 II. Governmental Immunity in General . 684 A. English Roots . 684 B. Assimilation into American Law . 686 C. Governmental Immunity in Texas . 689 III. Sovereign Immunity . 693 A. In General . 693 1. Distinguished from Governmental Immunity . 693 2. Who and What Sovereign Immunity Protects . 695 3. Distinguished from Official... 1996  
  Private Sovereignties 109 Harvard Law Review 669 (1/1/1996) American political thought has long grappled with the proper relationship between the state and private groups defined by race, religion, political belief, and a host of other characteristics. In Law and the Company We Keep, Aviam Soifer explores the degree of protection American law should afford such groups in the face of public encroachment.... 1996  
Susan C. Lonowski Recognizing the Right of Terminally-ill Mature Minors to Refuse Life-sustaining Medical Treatment: the Need for Legislative Guidelines to Give Full Effect to Minors' Expanded Rights 34 University of Louisville Journal of Family Law 421 (1995-1996) In recent years, the medical profession has witnessed a dramatic increase in its ability to sustain life where it previously could not do so. As a result, it is not uncommon for patients, especially those with terminal illnesses, to face the decision whether to accept or reject medical treatment that would sustain their life and prolong the dying... 1996  
Eric Grant Responding to Imperfection: the Theory and Practice of Constitutional Amendment. Edited by Sanford Levinson. Princeton, N.j.: Princeton University Press. 1995. Pp. Ix, 330. Cloth, $59.50; Paper, $18.95. 13 Constitutional Commentary 125 (Spring, 1996) In this collection of essays, Sanford Levinson has brought together an impressive group of constitutional theorists and political scientists to discuss the theory and practice of amending constitutions. Nine of the volume's thirteen contributions are original, and even the four previously published works are useful abridgements of valuable... 1996  
Eric Mills Holmes Restatement of Promissory Estoppel 32 Willamette Law Review 263 (Spring 1996) C1-3Table of Contents I. Introduction. 265 II. Four Stages in the Doctrinal Evolution of Promissory Estoppel. 271 A. Estoppel Stage One: Defensive and Offensive Equitable Estoppel. 277 1. Defensive Equitable Promissory Estoppel. 277 2. Offensive Equitable Promissory Estoppel. 282 B. Contract Stage Two: Promissory Estoppel as Consideration... 1996  
S. Elizabeth Gibson Sovereign Immunity in Bankruptcy: the next Chapter 70 American Bankruptcy Law Journal 195 (Spring, 1996) In a recent issue of The Journal, I discussed the effort of Congress, as part of the Bankruptcy Reform Act of 1994, to abrogate the states' and the federal government's sovereign immunity in bankruptcy in sufficiently clear terms to satisfy the exacting standards imposed by the Supreme Court for such exercises by Congress. Concluding that amended §... 1996  
Robert Thornton Smith Tax Treaty Interpretation by the Judiciary 49 The Tax Lawyer 845 (Summer, 1996) Tax treaty interpretation is a topic distinct from domestic statutory interpretation, with its own underlying foundational difficulties and specific issues. This Article explores an appropriate foundation for tax treaty interpretation, and addresses certain issues commonly discussed or encountered. Tax treaties generally serve two primary purposes:... 1996  
David R. Tillinghast Tax Treaty Issues 50 University of Miami Law Review 455 (April, 1996) I. The Tax Treaty Program at a Crossroads. 455 II. The World of Withholding: Compliance, the Address System, Conduit Financing and the Enforcement of Treaty-Shopping Limitations. 459 III. The Application of Income Tax Treaties to Partnerships and Other Pass-Through Entities. 467 IV. Extending the United States Treaty Program to Latin America.... 1996  
Vince Lee Farhat Term Limits and the Tenth Amendment: the Popular Sovereignty Model of Reserved Powers 29 Loyola of Los Angeles Law Review 1163 (April, 1996) Nothing in the Constitution deprives the people of each State of the power to prescribe the eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people. In the last two elections,... 1996  
Gerry J. Simpson The Diffusion of Sovereignty: Self-determination in the Postcolonial Age 32 Stanford Journal of International Law 255 (Summer, 1996) -But do you know what a nation means? says John Wyse. -Yes, says Bloom. -What is it? says John Wyse. -A nation, says Bloom. A nation is the same people living in the same place. -By God, then, says Ned, laughing, if that's so I'm a nation for I'm living i 1996  
Catherine Sun The E-2 Treaty Investor Visa: the Current Law and the Proposed Regulations 11 American University Journal of International Law and Policy 511 (1996) For foreign investors who do not have one million dollars to exchange for a green card, many immigration practitioners regard the E-2 treaty investor visa as the next best thing to permanent resident status. With an investment of less than $50,000, and for as long as the E-2 investor maintains an E-2 status, the treaty investor can enjoy the... 1996  
Michael J. Zimmer The Emerging Uniform Structure of Disparate Treatment Discrimination Litigation 30 Georgia Law Review 563 (Winter 1996) Title VII of the 1964 Civil Rights Act makes it an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensa tion, terms, conditions or privileges of employment because of such individual's race, color, religion, sex or... 1996  
Patricia Doyle The European Community and Wildlife Supervision: the Sovereign Right to Protect National Resources 9 New York International Law Review 49 (Winter, 1996) Since the passage of the Treaty of Rome (Treaty) in 1957, the goal of the European Community (EC) has been free competition among its members. Member States did not discuss the need for enhanced environmental protection until the Paris Summit of 1972, and the issue was not fully incorporated into the Treaty until 1987. Environmental protection is... 1996  
Bruce J. Winick , University of Miami School of Law The Macarthur Treatment Competence Study: Legal and Therapeutic Implications 2 Psychology, Public Policy, and Law 137 (March, 1996) This article assesses the legal and public policy implications of the MacArthur Treatment Competence Study. The study's finding that treatment incapacity cannot be equated with mental illness or any particular diagnostic category creates the need for individualized determinations of incompetence. The incidence of involuntary hospitalization and... 1996  
Patrick Tangney The New Internationalism: the Cession of Sovereign Competences to Supranational Organizations and Constitutional Change in the United States and Germany 21 Yale Journal of International Law 395 (Summer, 1996) I. L2-5,T5introduction 396 L1-6 II. L2-5,T5the New Internationalism: Supranational Institutions and the Challenge to Constitutional Law 399 A. L3-5,T5traditional Notions of International Law and Sovereign Competence 401 B. L3-5,T5the New Internationalism: The Development of Supranational Organizations 402 1. L4-5,T5developing Countries: The... 1996  
Mark L. Movsesian The Persistent Nation State and the Foreign Sovereign Immunities Act 18 Cardozo Law Review 1083 (December, 1996) One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade... 1996  
Tim Dockery The Rule of Law over the Law of Rulers: the Treatment of De Facto Laws in Argentina 19 Fordham International Law Journal 1578 (April, 1996) In 1983, constitutional and democratic government returned to Argentina. During the seven year absence of constitutional and democratic government from 1976 to 1983, a de facto government, a government that rules by force rather than by constitutional right, ruled the country. This de facto government seized power in a coup d'etat, a manner of... 1996  
Daniel J. Meltzer The Seminole Decision and State Sovereign Immunity 1996 Supreme Court Review Rev. 1 (1996) In recent years, the Eleventh Amendment has emerged from relative obscurity to become a major focus of constitutional controversy. A few crude statistics evidence this development: The Amendment was cited in only ten Warren Court decisions (over sixteen Terms), but has been mentioned in 125 decisions in the twenty-seven Terms since. Virtually... 1996  
Henry Paul Monaghan The Sovereign Immunity "Exception" 110 Harvard Law Review 102 (November, 1996) Seminole Tribe v. Florida is the 1995 Term's illustration of the importance that a narrow, but solid, five-Justice majority of the Supreme Court attaches to the constitutional underpinnings of Our Federalism. In Seminole Tribe, this majority declared that Congress lacks authority under its Article I, Section 8 regulatory powers to subject... 1996  
Glen St.Louis The Tangled Web of Sovereignty and Self-governance: Canada's Obligation to the Cree Nation in Consideration of Quebec's Threats to Secede 14 Berkeley Journal of International Law 380 (1996) This article examines the relationship between traditional legal doctrine used in Canada for the protection of the First Nation Indian culture and the Canadian Constitutional Act of 1982, in light of the Province of Quebec's repeated promise to become its own sovereign. Specifically, this article focuses on the legal obligations arising out of... 1996  
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91