AuthorTitleCitationSummaryYearKey Terms
Elizabeth A. Lingle Treating Children by Faith Colliding Constitutional Issues 17 Journal of Legal Medicine 301 (June, 1996) Seven-year-old Anthony Tony Hays from Brownsville, Oregon, died on November 4, 1994, of acute lymphocytic leukemia. Tony was sick for about three weeks prior to his death, but he never saw a physician about his condition. Christina Hays, Tony's mother, told police that Tony did not receive medical treatment because he did not ask to see a... 1996  
Matthew Calhoun Frost Treatment of Interest Rate Swaps under the Sec's Net Capital Rule: a Proposal for Change 37 William and Mary Law Review 791 (Winter, 1996) If a loss of this magnitude had happened on my watch, I would have slept like a baby. That is to say, I would have woken up every two hours screaming. So commented a derivatives broker and former county executive about the first reports of losses from speculative trading in interest-sensitive derivatives that eventually cost Orange County,... 1996  
Wendi Shohen United States v. Vertac Chemical Corporation, 46 F.3d 803 (8th Cir. 1995), Cert. Denied, 115 S. Ct. 2609 (1995): a Missed Opportunity to Clarify Whether the Government Waives Sovereign Immunity When Acting in its Regulatory Capacity 15 Temple Environmental Law and Technology Journal 143 (Spring 1996) Throughout the 1960's, the United States government entered into contracts with private chemical companies to supply chemical weapons for the Vietnam War. The government ensured that these chemical companies received the essential materials necessary for the production of chemical weapons. The chemical companies, in turn, sold their completed... 1996  
Antonio F. Perez Who Killed Sovereignty? Or: Changing Norms Concerning Sovereignty in International Law 14 Wisconsin International Law Journal 463 (Spring, 1996) One of the oldest distinctions in philosophical discourse is that between words about words and words about things. Much scholarship among international lawyers and political scientists, as well as table-talk of diplomats and other practitioners concerning the somewhat airy concept of sovereignty, has suffered all too much from a failure to... 1996  
Rsm International Tax Committee, Roger D. Lorence, Editor Will the World Follow the U.s. Lead on Limitation of Treaty Benefits? 7 Journal of International Taxation 124 (March, 1996) U.S. Policymakers are fixated on whether the underlying ownership of the taxpayer is Appropriate, which can lead to the extreme complexities of LOB provisions. A subject of intense scrutiny in U.S. international tax policy is the restriction of the benefits of bilateral income tax treaties to bona fide treaty country taxpayers. The U.S. has... 1996  
Professor Catherine Tinker A "New Breed" of Treaty: the United Nations Convention on Biological Diversity 13 Pace Environmental Law Review 191 (Fall 1995) The United Nations Convention on Biological Diversity (Treaty or Convention) entered into force on December 29, 1993. One of the unique things about this Convention is the speed with which it was negotiated, which was a record due to the desire to produce a document for signing at the United Nations Conference on Environment and Development in Rio... 1995  
Arthur R. Hessel , Susan M. Sturman A Lean and Mean Hud? 4-WTR Journal of Affordable Housing & Community Development Law 20 (Fall/Winter, 1994/1995) The U.S. Department of Housing and Urban Development has been in the midst of a massive reorganization since February 1993. Prompted by Vice President Al Gore's reinventing government campaign, the reorganization is intended to pare down the bureaucracy and make the department more results-oriented rather than process-driven. The HUD... 1995  
Norman B. Smith A Plea for the Total Ban of Land Mines by International Treaty 17 Loyola of Los Angeles International and Comparative Law Journal 507 (April, 1995) A child picks up a curiously-shaped plastic object lying on the ground; her arms are blown off, she is blinded, and she receives horribly disfiguring facial wounds. A herdsman driving his cattle to water hears an ominous clicking noise underfoot, and, in a blinding flash, one of his legs is destroyed up to the knee, his other foot is mangled beyond... 1995  
Dianne Otto A Question of Law or Politics? Indigenous Claims to Sovereignty in Australia 21 Syracuse Journal of International Law and Commerce 65 (Spring 1995) I. Introduction . 65 II. Indigenous Discourses of Sovereignty . 68 A. The Emerging Narrative of a Post-Colonial Australia . 69 B. The Continuing Importance of Indigenous Sovereignty . 72 1. Sovereignty as Fundamental to Identity . 74 2. Sovereignty as the Means to International Personality . 75 3. Sovereignty as Acknowledgement of Indigenous... 1995  
Brad W. Morse A View from the North: Aboriginal and Treaty Issues in Canada 7 St. Thomas Law Review 671 (Summer, 1995) Let me begin by expressing my sincere appreciation to the organizers, and in particular Professor Siegfried Wiessner, for inviting me to participate in this symposium. As Professor Wiessner indicated, for the past 18 years I have been a law professor and legal counsel for a number of Indian tribes, which are called First Nations in Canada, and... 1995  
Hiram E. Chodosh An Interpretive Theory of International Law: the Distinction Between Treaty and Customary Law 28 Vanderbilt Journal of Transnational Law 973 (11/1/1995) The author begins with an explanation of the importance of the distinction between treaty and customary law. The author then presents six alternative principles currently used to inform that distinction (dichotomy, overlap, relativity, interdependence, equivalence, and indeterminacy) and evaluates the application of these principles according to... 1995  
Shelby A.D. Moore Battered Woman Syndrome: Selling the Shadow to Support the Substance 38 Howard Law Journal 297 (Spring 1995) According to Thelma Jean Banks's testimony, on the day of the murder of her live-in partner James McDonald (nicknamed Brother), Jean and Brother, both alcoholics, spent the day drinking and arguing. During an argument, Brother struck Jean, pushed her to the ground, and attempted to cut her with a grass cutter. In response, Jean, a large African... 1995  
Nicholas A. Robinson Colloquium: the Rio Environmental Law Treaties Iucn's Proposed Covenant on Environment & Development 13 Pace Environmental Law Review 133 (Fall 1995) Most nations today confront multiple challenges to the environmental quality which underpins and nourishes their socio-economic development. The goal of the 1992 Rio de Janeiro United Nations Conference on Environment and Development (UNCED) was to establish an action plan, Agenda 21, by which these challenges could be effectively met. UNCED... 1995  
Steven M. Perez Confronting Biased Treatment of Trademark Parody under the Lanham Act 44 Emory Law Journal 1451 (Fall 1995) Introduction. 1452 I. The Basics of Federal Trademark Protection. 1455 A.The Appurtenant Nature of Trademarks. 1455 B.The Lanham Act: Protection and Flexibility. 1457 C.Too Much of a Good Thing?. 1460 II. Gadfly in the Ointment: Identifying the First Amendment Issues. 1464 A.The Late Arrival of Free Speech. 1465 B.The Importance of a... 1995  
S. Elizabeth Gibson Congressional Response to Hoffman and Nordic Village: Amended Section 106 and Sovereign Immunity 69 American Bankruptcy Law Journal 311 (Summer, 1995) Seeking to remedy the Bankruptcy Act's lack of express attention to its impact on governmental entities, Congress included in the Bankruptcy Reform Act of 1978 a provision dealing with the Bankruptcy Code's applicability to governmental units and the circumstances under which the sovereign immunity of governmental parties was deemed waived.... 1995  
Jennifer G. Schecter Constitutional Law -- Sovereign Immunity -- a Bistate Entity, Created by the Compact Clause and Financially Independent of its Founding States, Is Not Entitled to Eleventh Amendment Immunity from Suit in Federal Courts -- Hess v. Port Auth. Trans-hudson C 26 Seton Hall Law Review 431 (1995) One of the most basic characteristics of a federalist system of government is that the states composing the confederation are themselves independent sovereigns. In the United States, a federal form of government is guaranteed by the Tenth Amendment to the United States Constitution, which reserves to the states all powers not expressly delegated to... 1995  
Piero Tozzi Constitutional Reform on Taiwan: Fulfilling a Chinese Notion of Democratic Sovereignty? 64 Fordham Law Review 1193 (December, 1995) In an 1824 notebook entry on the Celestial Empire, the celebrated American poet and Transcendentalist Ralph Waldo Emerson remarked: The closer contemplation we condescend to bestow, the more disgustful is that booby nation. The Chinese Empire enjoys precisely a Mummy's reputation, that of having preserved to a hair for 3 or 4,000 years the ugliest... 1995  
Kimberly Younce Schooley Cultural Sovereignty, Islam, and Human Rights--toward a Communitarian Revision 25 Cumberland Law Review 651 (1994-1995) Without the past, I conceive Egypt to be utterly uninhabitable. Oh, if you were to see the people! No ideas that I had of polygamy come near the fact; and my wonder is now, not that Sarah and Rachel were so bad, but that they were not a great deal worse. Polygamy strikes at the root of everything in womanshe is not a wifeshe is not a mother;and... 1995  
Timothy D. Rudy Did We Treaty Away Ker-frisbie? 26 Saint Mary's Law Journal 791 (1995) I. Introduction . 791 II. International Practice and the American Rule on Abductions . 798 A. Customary International Law . 798 B. The Ker-Frisbie Doctrine . 802 1. Ker and Frisbie . 802 2. Toscanino and Its Progeny . 807 3. Noriega . 809 4. Verdugo-Urquidez and Alvarez-Machain . 811 III. Application of the Civil and Political Covenant to... 1995  
Kathleen M. Sullivan Dueling Sovereignties: U.s. Term Limits, Inc. v. Thornton 109 Harvard Law Review 78 (November, 1995) Between 1990 and 1994, twenty-three states barred candidates who had already served more than a maximum number of terms in Congress from running for reelection. In U.S. Term Limits, Inc. v. Thornton, the Supreme Court, by a vote of 5-4, held all such term-limits laws unconstitutional. The case arose from an amendment to the Arkansas constitution,... 1995  
Summary of Remarks by Justin R. Ward Environmental Reform Priorities for the World Trading System 35 Santa Clara Law Review 1205 (1995) The Uruguay Round agreements, which enter into force this month, establish a new World Trade Organization [hereinafter WTO] that will supplant the more informal organizational structure that has existed throughout the GATT's history. As part of the Uruguay Round package, trade ministers from around the world chartered a new WTO Committee on Trade... 1995  
Teresa M. Thomas Florida Supreme Court Finds Florida's Rules and Regulations Do Not Allow for the Extension of a Wastewater Treatment Facility's Construction and Testing Permit While an Operating Permit Is Pending 4 South Carolina Environmental Law Journal 94 (Spring 1995) In Legal Environmental Assistance Foundation, Inc. v. Board of County Commissioners, the Florida Supreme Court answered a certified question from the Eleventh Circuit Court of Appeals. The court held that a construction and testing permit for a wastewater treatment facility is not effective past its expiration date while an operating permit... 1995  
Daniel H. Tabak Friendship Treaties and Discriminatory Practices 28 Columbia Journal of Law and Social Problems 475 (Spring 1995) Foreign companies doing business in the United States operate under bilateral Treaties of Friendship, Commerce and Navigation signed by their home countries and the United States. These treaties contain a provision allowing foreign companies to hire personnel of their choice for specified positions. At the same time, United States citizens are... 1995  
Jeffrey A. Levick From Sovereignty to Fishing Rights: the Historical Evolution of the Law of the Territorial Sea 3 Digest of International Law 36 (1994-1995) For as long as man has inhabited the earth, he has migrated and settled near the sea. The resourceful hunter found the waters to contain an abundant food supply, while the adventurous took to the waters in efforts to seek new lands. As populations spread across the world's coastlines and imperial powers sought to explore and conquer the globe, a... 1995  
Samuel C. Straight Gatt and Nafta: Marrying Effective Dispute Settlement and the Sovereignty of the Fifty States 45 Duke Law Journal 216 (10/1/1995) (T)he sovereignty issue is a red herring. . . . (I)f our rights are being trampled we are going to be able to fix it. In 1776, Adam Smith admonished the world that (t)he most effectual expedient . . . for raising the value of . . . surplus pro()duce, for encouraging its increase . . . would be to allow the most perfect freedom to the trade of all... 1995  
Peter J. Carney International Forum non Conveniens: "Section 1404.5" -- a Proposal in the Interest of Sovereignty, Comity, and Individual Justice 45 American University Law Review 415 (December, 1995) C1-3Table of Contents Introduction . 417 I. Historical Development of Modern Forum Non Conveniens Doctrine . 423 A. Overview . 423 B. Early Origins 424 C. Development in Federal Court in Gulf Oil Corp. v. Gilbert . 426 D. Liberalization of Use of Forum Non Conveniens . 428 E. Refinement of Forum Non Conveniens for International Forums in Piper... 1995  
Leila P. Sayeh , Adriaen M. Morse, Jr. Islam and the Treatment of Women: an Incomplete Understanding of Gradualism 30 Texas International Law Journal 311 (Spring, 1995) C1-3Summary I. Introduction. 312 II. Understanding Islam. 313 A. Islam as Religion. 313 B. Islam as Jurisprudence: Principles of Interpretation. 316 III. Gradualism and Islam. 318 A. Gradualism as a Method of Interpretation. 318 B. Gradualism as Applied to Certain Practices. 319 IV. Evolution or Regression: Islam and Women. 321 A. The Age of the... 1995  
Grant H. Morris Judging Judgment: Assessing the Competence of Mental Patients to Refuse Treatment 32 San Diego Law Review 343 (Spring 1995) In the interface of psychiatry and law, no issue has generated more controversy than the claim by involuntarily confined mental patients of a right to refuse psychotropic medication. The debate was fueled by two early, and often-cited, articles -- one asserting that the right to refuse psychiatric treatments is necessary to inhibit a therapeutic... 1995  
P. Kenneth Kiplagat Legal Status of Integration Treaties and the Enforcement of Treaty Obligations: a Look at the Comesa Process. 23 Denver Journal of International Law and Policy 259 (Spring 1995) Integration treaties are international treaties that bring together different countries as equals. Such integration treaties necessarily impact the domestic jurisdictions of the Member States and interfere with their sovereignty. It is important, therefore, that those States be equipped to handle the interference caused by this impact through... 1995  
William J. Aceves Lost Sovereignty? The Implications of the Uruguay Round Agreements 19 Fordham International Law Journal 427 (December, 1995) On December 15, 1993, the Uruguay Round multilateral trade negotiations were concluded after seven years of extensive and often contentious negotiations. The Uruguay Round Agreements were subsequently signed on April 15, 1994 in Marrakesh, Morocco by 108 countries. The Uruguay Round Agreements were designed to fundamentally restructure and improve... 1995  
Mark L. Van Valkenburgh Massachusetts General Laws Chapter 258, S 10: Slouching Toward Sovereign Immunity 29 New England Law Review 1079 (Summer 1995) John Zukowski was sentenced to life in prison for the crime of murder in 1972. The Massachusetts Parole Board refused to grant him parole in September 1985 and again in September 1986. Immediately after the denial in 1986, however, a parole board employee incorrectly informed the Department of Corrections that Zukowski had been granted parole, and... 1995  
Dana Johnson Native American Treaty Rights to Scarce Natural Resources 43 UCLA Law Review 547 (12/1/1995) Introduction. 548 I. Court Decisions Precipitating Fishing Vessel. 552 A. Access to Treaty-Secured Wildlife Resources. 552 B. State Regulation of Treaty Rights. 554 II. Fishing Vessel. 556 A. The Underlying Dispute. 557 B. Phase I -- The Boldt Decision. 558 1. Resolution of the Question Whether the Treaties Guarantee Access or Allocation. 558 2.... 1995  
Noelle M. Kahanu , Jon M. Van Dyke Native Hawaiian Entitlement to Sovereignty: an Overview 17 University of Hawaii Law Review 427 (Fall, 1995) The indwelling yearning for sovereignty among the Hawaiian people burst forth in 1993 -- 100 years after the illegal overthrow of the Kingdom of Hawaii -- with a cacophonous display of demonstrations, protests, demands, and legislative proposals. A process is now underway to reestablish an autonomous Hawaiian nation, and it appears likely that a... 1995  
Shaun P. Martin Rationalizing the Irrational: the Treatment of Untenable Federal Civil Jury Verdicts 28 Creighton Law Review 683 (April, 1995) The American legal system is imperfect. The results arising therefrom are similarly imperfect. These statements cannot be seriously disputed. Although perfection is impossible, American society nevertheless highly values the quality of the results obtained by its legal structures. Accordingly, the federal system goes to great lengths to establish... 1995  
Robert S. Berger , Patricia C. Campbell , James A. Crolle III , Wendy A. Marsh , Sallie Randolph , Julia A. Solo , Hugh Stephens Recycling Industrial Sites in Erie County: Meeting the Challenge of Brownfield Redevelopment 3 Buffalo Environmental Law Journal 69 (Spring, 1995) I. The Brownfields Problem II. Barriers to Redevelopment of Brownfield Sites III. Legislative Background A. Federal Legislative Background B. New York Legislative Background IV. Lessening the Uncertainty of Brown Field Redevelopment: Liability and Cleanup Standards A. General Dimensions of Liability B. Voluntary Cleanup Programs C. Cleanup... 1995  
By Steven M. Anderson Reforming International Institutions to Improve Global Environmental Relations, Agreement, and Treaty Enforcement 18 Hastings International and Comparative Law Review 771 (Summer 1995) Animals and plants have Owners that take care of them, just as Sibo takes care of human beings. The Owners of plants and animals are supernatural beings, and they are very powerful. They don't like to see us mistreat their possessions, and in fact they punish us if we abuse their animals and plants. That's why we have to be sure to obey Sibo's... 1995  
Professor Francis Anthony Boyle Restoration of the Independent Nation State of Hawaii under International Law 7 St. Thomas Law Review 723 (Summer, 1995) I understand that the Sovereignty Commission is looking into models and examples, of where the native people of Hawaii can go in light of the state legislation that has been adopted, and also in light of the recent federal law that has just been signed into law by President Clinton. I have been asked to discuss one particular model for the future... 1995  
Kathleen Rogers , Dr. James A. Moore Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere: Might Awakening a Visionary but "Sleeping" Treaty Be the Key to Preserving Biodiversity and Threatened Natural Areas in the Americas? 36 Harvard International Law Journal 465 (Spring, 1995) None of the {international environmental} institutions we studied began life as successes, though some have become so. In fact, most international environmental institutions were first considered deep disappointments by those who had worked to create them. The Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere... 1995  
Randall S. Abate , Carolyn H. Cogswell Sovereign Immunity and Citizen Enforcement of Federal Environmental Laws: a Proposal for a New Synthesis 15 Virginia Environmental Law Journal L.J. 1 (Fall 1995) The common law doctrine of sovereign immunity is frequently used by courts to deny a right of action or remedy against the sovereign United States, unless such immunity is specifically waived. Judicial interpretation of waiver has fluctuated throughout the doctrine's history. The current trend favors a narrow interpretation, thereby precluding... 1995  
G. Peter Jemison Sovereignty and Treaty Rights-we Remember 7 St. Thomas Law Review 631 (Summer, 1995) Nyaweh Skannoh gah gwe goh! I want to talk about our original treaties because we not only made treaties with the United States, but we also made treaties with other foreign countries, and perhaps the first one that we made was with the Dutch. We used a wampum belt. That is, a two row wampum belt with two parallel lines on a field of white. We used... 1995  
G. Peter Jemison Sovereignty and Treaty Rights-we Remember 7 St. Thomas Law Review 631 (Summer, 1995) Nyaweh Skannoh gah gwe goh! I want to talk about our original treaties because we not only made treaties with the United States, but we also made treaties with other foreign countries, and perhaps the first one that we made was with the Dutch. We used a wampum belt. That is, a two row wampum belt with two parallel lines on a field of white. We used... 1995  
Mary-Rose Papandrea Standing to Allege Violations of the Doctrine of Specialty: an Examination of the Relationship Between the Individual and the Sovereign 62 University of Chicago Law Review 1187 (Summer 1995) In extradition treaties, sovereign powers promise to surrender individuals who have been accused or convicted of an offense outside their territory to the country seeking to prosecute the individual for that offense. Because entering into an extradition treaty involves the sacrifice of some sovereign rights, these treaties are always reciprocal: a... 1995  
Evan H. Caminker State Sovereignty and Subordinacy: May Congress Commandeer State Officers to Implement Federal Law? 95 Columbia Law Review 1001 (June, 1995) L1-2Introduction I. Visions of Sovereignty and Subordinacy . 1008 A. States as Subordinate Agents of the Federal Government . 1009 B. States as Sovereign Entities: Emergence of the New Autonomy Model of Federalism . 1015 II. Squaring State Autonomy with Federal Supremacy: The Lesson of State Court Commandeering . 1022 A. Supremacy Principles and... 1995  
Kelly R. Bryan Swimming Upstream: Trying to Enforce the 1992 North Pacific Salmon Treaty 28 Cornell International Law Journal 241 (Winter, 1995) L1-2Introduction 241 I. History of Fishing Agreements in the North Pacific . 244 A. North American-Japanese Relations . 244 B. Russo-Japanese Relations . 246 C. Customary International Law and Related Issues . 247 II. The New Treaty: Changes from the Old Treaty . 250 A. A Ban on High Seas Salmon Fishing . 250 B. The Russian Federation: A New Party... 1995  
Bradley W. Joondeph Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-sponsored Health Insurance 1995 Brigham Young University Law Review 1229 (1995) Section 106 of the Internal Revenue Code permits employees to exclude employer-sponsored health insurance from adjusted gross income. At the same time, employers may fully deduct the cost of purchasing health benefits for their employees. Taxpayers who are self-employed, however, can deduct only 30% of the cost of health insurance, and no deduction... 1995  
Detlev F. Vagts The Exclusive Treaty Power Revisited 89 American Journal of International Law 40 (January, 1995) It is now a half century since the last vigorous debate whether there are types of agreements that can only be concluded as treaties to which the Senate has given its advice and consent. Thus, there are only a few veterans to whom the current debate on how the Uruguay Round trade agreements are to be concluded is déjà vu all over again. In 1945 the... 1995  
Stephen A. Zorn The Federal Income Tax Treatment of Gambling: Fairness or Obsolete Moralism? 49 Tax Lawyer Law. 1 (Fall, 1995) Gambling is big business. From a barely tolerated vice (largely confined, along with such other aberrations as no-fault divorce and legalized prostitution, to the wilds of Nevada), the gambling industry has become an integral part of the American economy, and a major source of financial support for revenuestarved state and local governments. Some... 1995  
Carlos Manuel Vazquez The Four Doctrines of Self-executing Treaties 89 American Journal of International Law 695 (October, 1995) A distinction has become entrenched in United States law between treaties that are self-executing and those that are not. The precise nature of this distinctionindeed, its very existenceis a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the most confounding in the United... 1995  
Tim Gebert The Future of Quebec 4 Journal of International Law and Practice 185 (Spring 1995) What exactly do the next few years hold for Quebec's economic and political future, and who will control this destiny? As with any highly complex and controversial issue, there are far more questions than there are answers. However, one thing is certain, time will invariably answer them all. With the September 1994 election now over, and the Parti... 1995  
Jonathan R. Siegel The Hidden Source of Congress's Power to Abrogate State Sovereign Immunity 73 Texas Law Review 539 (February, 1995) Although the Eleventh Amendment secures state sovereign immunity against suits by individuals, the Supreme Court has held that Congress may abrogate that immunity through its power under Section Five of the Fourteenth Amendment. However, the Court has not fully resolved the question of whether the power to abrogate can flow from other of Congress's... 1995  
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