AuthorTitleCitationSummaryYearKey Terms
Melvin D. Chan Fortino v. Quasar Co.: Invocation of Parents' U.s.-japan Fcn Treaty Rights Gives Japanese-owned U.s. Subsidiaries a Defense Against Title Vii 6 Transnational Lawyer 653 (Fall, 1993) C1-3TABLE OF CONTENTS I. INTRODUCTION. 654 II. LEGAL BACKGROUND. 655 A. The U.S.-Japan Treaty of Friendship, Commerce and Navigation. 656 B. Title VII of the Civil Rights Act of 1964. 658 1. Distinction Between National Origin and Citizenship. 659 2. Bona Fide Occupational Qualification Exception. 660 C. Judicial Attempts to Reconcile the of Their... 1993  
John Webb Genocide Treaty-ethnic Cleansing-substantive and Procedural Hurdles in the Application of the Genocide Convention to Alleged Crimes in the Former Yugoslavia 23 Georgia Journal of International and Comparative Law 377 (Summer, 1993) On Tuesday, October 15, 1991, in a controversial vote, the parliament of the Yugoslav republic of Bosnia-Herzegovina proclaimed their republic a sovereign state and adopted documents to secede from Yugoslavia. In so doing, Bosnia-Herzegovina joined Croatia and Slovenia who declared independence in June of 1991. Fearing political and economic... 1993  
Samuel K. Murumba Grappling with a Grotian Moment: Sovereignty and the Quest for a Normative World Order 19 Brooklyn Journal of International Law 829 (1993) I. Introduction On the first day of the same French Revolution that Wordsworth captured in his exuberant lines, Bliss was it in that dawn to be alive But to be young was very heaven! legend has it that one Frenchman's diary entry read: Nothing happened here today. The same mixture of enthusiasm and skepticism greeted President Bush's 1991... 1993  
Ronald G. Morgan Identifying Protected Government Acts under the Sovereign Acts Doctrine: a Question of Acts and Actors 22 Public Contract Law Journal 223 (Winter, 1993) I. Introduction II. Nature of the Doctrine A. Theory of Dual Capacity B. Scenarios under Which the Doctrine Arises C. Purposes of the Doctrine D. Effects of the Doctrine III. Elements of the Doctrine A. Development and Coverage of Elements 1. Articulation of the Elements 2. Centrality of Public and General Application 3. Elements Accorded Varying... 1993  
Laura M. Plastine In God We Trust: When Parents Refuse Medical Treatment for Their Children Based upon Their Sincere Religious Beliefs 3 Seton Hall Constitutional Law Journal 123 (Spring, 1993) I. INTRODUCTION. 123 II. THE SCOPE OF THE FREE EXERCISE CLAUSE. 125 III. IS SPIRITUAL HEALING A PROTECTED RELIGIOUS ACTIVITY UNDER THE FREE EXERCISE CLAUSE?. 138 A. Court-Ordered Medical Treatment. 141 1. Life-Threatening Afflictions. 141 2. Non Life-Threatening Afflictions. 145 3. Incurable Afflictions. 147 B. Criminal Prosecution of the Parents... 1993  
Lance Compa International Labor Rights and the Sovereignty Question: Nafta and Guatemala, Two Case Studies 9 American University Journal of International Law and Policy 117 (Fall, 1993) Worker rights advocates in trade unions, human rights groups, and other non-governmental organizations (NGOs) have played an increasingly important role in promoting internationally established fair labor standards as a factor in international trade. Particularly in the United States, recent developments have widened the scope for action on labor... 1993  
Carol Weisbrod Minorities and Diversities: the "Remarkable Experiment" of the League of Nations 8 Connecticut Journal of International Law 359 (Spring, 1993) The State exists for the sake of Society, not Society for the sake of the State. Woodrow Wilson This paper considers some issues relating to state frameworks intended to permit and encourage large diversities in societal group life. It focuses illustratively on material relating to the period after the First World War, when the League of Nations... 1993  
Jonathan A. Lonner Official Government Abductions in the Presence of Extradition Treaties 83 Journal of Criminal Law and Criminology 998 (Winter, 1993) In United States v. Alvarez-Machain, the United States Supreme Court held that a defendant who was abducted from Mexico in order to be tried for an alleged crime cannot prevent United States courts from exercising personal jurisdiction over him, even though the United States has an extradition treaty with Mexico and the abduction was conducted... 1993  
David A. Koplow Parsing Good Faith: Has the United States Violated Article Vi of the Nuclear Non-proliferation Treaty? 1993 Wisconsin Law Review 301 (1993) The Nuclear Non-Proliferation Treaty (NPT) has long been the cornerstone of the international effort to retard the spread of nuclear weaponry to additional countries, now appreciated as the greatest post-cold war threat to international peace and security. Under this treaty, the parties also undertook to pursue in good faith additional negotiations... 1993  
Edward M. Melillo Post-war Friendship, Commerce and Navigation Treaties - Interpreting the Right of Foreign Treaty Employers in the United States to Engage in Selective Employment Discrimination "Of Their Choice": Is it Justified? 6 DePaul Business Law Journal 101 (Fall/Winter, 1993) C1-3Table of Contents L1-2Introduction 103 I. Development of the Post-War Friendship, Commerce and Navigation Treaties. 106 A. History. 106 B. Purpose and Meaning. 108 C. The Employer-Choice Provision and Title VII of the Civil Rights Act of 1964. 109 II. FCN Treaty Interpretations of the Employer-Choice Provision. 111 A. Interpretations by the... 1993  
Eric W. Treene Prayer-treatment Exemptions to Child Abuse and Neglect Statutes, Manslaughter Prosecutions, and Due Process of Law 30 Harvard Journal on Legislation 135 (Winter, 1993) In some well-publicized instances, Christian Scientist parents who, in accordance with their religious beliefs, have treated their sick children with prayer rather than modern medicine have found themselves in the midst of criminal prosecutions for manslaughter or child abuse and neglect. Defenses to these prosecutions are often raised in the... 1993  
Bruce A. Grabow R.a.v. v. City of St. Paul: Dismantling Free Speech Jurisprudence to Make Room for Equal Treatment 3 Widener Journal of Public Law 577 (1993) I. Introduction II. The Majority Opinion A. Principles of Analysis: What Is Judicially Correct? B. Application to the St. Paul Ordinance III. The Concurring Opinions: What Is Really Judicially Correct? A. Justice White B. Justice Blackmun C. Justice Stevens IV. Evaluation: Which Opinion Was Judicially Correct? A. Undercutting the Categorical... 1993  
Karen Knop Re/statements: Feminism and State Sovereignty in International Law 3 Transnational Law & Contemporary Problems 293 (Fall, 1993) I. Introduction. 294 II. Statism. 298 III. Centrality of the State. 308 IV. The State As Bounded, Unified Self. 318 A. The State as Individual. 320 1. Relations Between States. 323 2. Jurisdiction in International Law. 328 B. Breaking Down the State. 332 1. Policy-Oriented and Functionalist Approaches to Sovereignty. 334 2. Normative Approaches to... 1993  
Judith A. Potoka Reconsidering the Conflict Between Title Vii and Treaties of Friendship, Commerce and Navigation: the Seventh Circuit Decision in Fortino v. Quasar 13 Journal of Law and Commerce 179 (Fall 1993) The Treaty of Friendship, Commerce and Navigation between the United States and Japan, like many other treaties of friendship, commerce and navigation, contains a provision which allows nationals and companies of either party-country to hire executive personnel of their choice within the territories of the host country. Japanese business people... 1993  
Timothy J. Simeone Rule 11 and Federal Sovereign Immunity: Respecting the Explicit Waiver Requirement 60 University of Chicago Law Review 1043 (Summer/Fall, 1993) Federal Rule of Civil Procedure 11 requires courts to impose sanctions on attorneys or represented parties who file signed papers that are not well-grounded in law and fact or are interposed for improper purposes. Rule 11 does not specify the precise penalty to be imposed, but rather delegates to the courts the authority to fashion an appropriate... 1993  
Dana W. Hayter Scapegoat for the Trade Deficit: Does Eec Antitrust Treatment of Joint Ventures Place the United States at a Competitive Disadvantage? 16 Hastings International and Comparative Law Review 391 (Spring, 1993) Member of the Class of 1993 Some political figures and economists portray the United States antitrust laws as contributors to the nation's economic decline. While this assertion is hotly contested by others, pro-business commentators on both sides of the Atlantic will often cite the antitrust policy of their foreign counterparts as an example to be... 1993  
Christina Chiafolo Montgomery Social and Schematic Injustice: the Treatment of Offender Personal Characteristics under the Federal Sentencing Guidelines 20 New England Journal on Criminal and Civil Confinement 27 (Winter, 1993) Between the Guidelines' digits, there is no space for morality, for justice, for mercy. Most significantly, there is no place in these numbers for wisdom. It is difficult to see how a sentence can be designed to meet rehabilitative or true retributive goals when the Act requires that a penalty relate solely to the consequences for society and... 1993  
Raul S. Mariani Sovereignty at Issue: Supreme Court's Ambiguity and the Circuits' Conflict on the Application of the Dual Sovereignty Doctrine to Puerto Rico 63 Revista Juridica Universidad de Puerto Rico 807 (1993) No one demanded from Congress a free people's constitution like the one requested by Baldorioty de Castro in the Spanish Parliament, neither an Autonomic Charter, with substantial sovereignty powers, like the one requested from the metropolis towards the end of the XIX century. Not even a repudiation of colonialism. Not even a cordial calling to... 1993  
Joel S. Hjelmaas Stepping Back from the Thicket: a Proposal for the Treatment of Rebuttable Presumptions and Inferences 42 Drake Law Review 427 (1993) C1-3Table of Contents I. Introduction. 427 II. A Background for Analysis: Understanding Rebuttable Presumptions and Inferences. 430 A. Definitions. 430 B. Policies Underlying Rebuttable Presumptions. 434 C. The Effect of Rebuttable Presumptions on Litigation: A Review of the Competing Theories. 436 III. Defining the Problem: The Unworkable State of... 1993  
Sienho Yee The Discretionary Function Exception under the Foreign Sovereign Immunities Act: When in America, Do the Romans Do as the Romans Wish? 93 Columbia Law Review 744 (April, 1993) In a significant departure from the traditional principle of absolute foreign sovereign immunity, the Foreign Sovereign Immunities Act of 1976 (the FSIA) codified the doctrine of restrictive foreign sovereign immunity. The FSIA confers broad immunity on foreign sovereigns, but also carves out several exceptions to this immunity. One of the... 1993  
Ann Fagan Ginger The Energizing Effect of Enforcing a Human Rights Treaty 42 DePaul Law Review 1341 (Summer, 1993) I. Some Promises to Keep. 1342 A. Initial Assumptions. 1344 B. United Nations Enforcement Powers. 1345 II. Obstacles and Responsibilities. 1349 A. Obstacles to Enforcement. 1349 B. Economic Rights in U.S. Law Ignored. 1353 C. Treaty Power Ignored. 1355 D. What We Know We Cannot Ignore. 1356 III. The Commitments in the Covenant. 1358 IV. The... 1993  
J. Thompson Thornton , Aurora A. Ares The Foreign Sovereign Immunities Act of 1976: Misjoinder, Nonjoinder, and Collusive Joinder 58 Journal of Air Law and Commerce 703 (Spring, 1993) UNLIKE UNITED STATES airlines, foreign air carriers are often owned and operated by their respective national governments. Additionally, foreign state-owned commercial ventures participate in the business of commercial aviation by manufacturing aircraft engines and other components. It is, therefore, not unusual to see the joinder of a foreign... 1993  
Michael J. Weiner The Importance of a Clear Rule for Judicial Deference to Executive Interpretations of Treaties: a Defense of United States v. Alvarez-machain 12 Wisconsin International Law Journal 125 (Fall, 1993) When the executive branch has spoken If the courts do not follow its lead, our country will be heard in confused tones. The problem, then is to reconcile obeisance to the judicial function with the need for harmony when our words are to be heard around the world. In United States v. Alvarez-Machain, the Supreme Court ruled that officers of the... 1993  
Neal F. Splaine The Incompetent Individual's Right to Refuse Life-sustaining Medical Treatment: Legislating, Not Litigating, a Profoundly Private Decision 27 Suffolk University Law Review 905 (Fall, 1993) Medical technology has effectively created a twilight zone of suspended animation where death commences while life, in some form, continues. Some patients, however, want no part of a life sustained only by medical technology. Instead, they prefer a plan of medical treatment that allows nature to take its course and permits them to die with dignity.... 1993  
Bryan L. Sutter The Nonproliferation Treaty and the "New World Order" 26 Vanderbilt Journal of Transnational Law 181 (April, 1993) The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the... 1993  
Michael W. Ridgeway The Potawatomi/oklahoma Gaming Compact of 1992: Have Two Sovereigns Achieved a Meeting of the Minds? 18 American Indian Law Review 515 (1993) With the passage of the Indian Gaming Regulatory Act (IGRA) in 1988, Congress provided the statutory framework for regulating gaming activities by Indians on Indian land. The Act cleared up some of the confusion and disagreement about the powers and duties of the various state and tribal governments. However, the IGRA has spawned some new areas of... 1993  
Henry H. Drummonds The Sister Sovereign States: Preemption and the Second Twentieth Century Revolution in the Law of the American Workplace 62 Fordham Law Review 469 (December, 1993) In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and... 1993  
Stephanie A. Re The Treaty Doesn't Say We Can't Kidnap Anyone--government Sponsored Kidnapping as a Means of Circumventing Extradition Treaties 44 Washington University Journal of Urban and Contemporary Law 265 (Summer/Fall, 1993) The United States often secures individuals for prosecution from other countries through extradition treaty procedures. Extradition generally occurs when one government requests another to surrender an individual accused or convicted of an offense that occurred within the requesting government's territorial jurisdiction. Other principles justify... 1993  
Kenneth J. Vandevelde U.s. Bilateral Investment Treaties: the Second Wave 14 Michigan Journal of International Law 621 (Summer, 1993) INTRODUCTION. 622 I. THE EVOLUTION OF THE BIT PROGRAM. 624 A. 1977-1981: Launching the BIT Program. 624 B. 1982-1986: The First Wave of Negotiations. 627 C. 1988-1992: The Second Wave of Negotiations. 629 II. INVESTMENT POLICY IN THE SECOND WAVE. 633 A. Use of Investment Policy to Promote Foreign Policy. 633 B. The Changing Investment Climate. 637... 1993  
by Robert H. Abrams United States 1992-93 Preview of United States Supreme Court Cases 314 (3/19/1993) The issue presented by this case is whether the United States must pay state-imposed filing fees in general water adjudications in which the extent of federal water rights are to be decided. The United States claims that its surrender of sovereign immunity allowing it to be made a party to those water adjudications did not include a waiver of its... 1993  
Ann MacLean Massie Withdrawal of Treatment for Minors in a Persistent Vegetative State: Parents Should Decide 35 Arizona Law Review 173 (Spring, 1993) Table of Contents I. Introduction. 174 A. The Problem Delineated. 174 B. Why Are Minors Different?. 181 II. The Rights of Parents to Make Decisions on Behalf of Their Minor Children. 186 A. Sources and Scope of the Right. 186 B. When Should Parents Be Disqualified?. 188 1. Competence. 189 2. Conflict of Interest. 191 3. Cases of Abuse or Neglect.... 1993  
David Y. Loh A Critical Analysis of Academic Tenure Decisions: the Disparate Treatment Model under Title Vii Examined 12 Boston College Third World Law Journal 389 (Summer, 1992) Academic tenure is a hierarchical system by which educational institutions give faculty members academic and economic security. Prior to 1972, colleges and universities awarded tenure free from interference from the federal government. In 1972, however, Congress removed the exemption for educational institutions from the equal employment... 1992  
W. Shan Thompson Cercla and the Abrogation of State Sovereign Immunity 6 BYU Journal of Public Law 457 (1992) Since the inception of our nation, the most serious threats to the rights of the people have come when legislators and judges have considered the country to be pressed with problems so great as to require creative interpretation of our constitutional rights. Today, the most urgent problems facing our nation are the imminent dangers threatening... 1992  
Alex E. Rogers Clothing State Governmental Entities with Sovereign Immunity: Disarray in the Eleventh Amendment Arm-of-the-state Doctrine 92 Columbia Law Review 1243 (June, 1992) The Eleventh Amendment arm-of-the-state doctrine bestows sovereign immunity on entities created by state governments that operate as alter egos or instrumentalities of the states. In deciding whether a state governmental body may seek refuge behind the Eleventh Amendment shieldand thereby remain insulated from suit in federal courtcourts... 1992  
Brian M. Spaid Collective Security v. Constitutional Sovereignty: Can the President Commit U.s. Troops under the Sanction of the United Nations Security Council Without Congressional Approval? 17 University of Dayton Law Review 1055 (Spring, 1992) On September 17, 1796, President George Washington announced his plans not to seek reelection by publishing his Farewell Address in Philadelphia's Daily American Advertiser. With the assistance of Alexander Hamilton and James Madison in writing the Address, Washington warned that the United States should avoid foreign entanglements in order to... 1992  
Kurt Eugene Lee Constitutional Law: Requiring States to Treat Foreign and Domestic Subsidiary Dividends Alike 7 Florida Journal of International Law 297 (Summer, 1992) Kraft General Foods, Inc. v. Iowa Department of Revenue & Finance, 112 S. Ct. 2365 (1992) I. L2-3,T3Statement of the Case and Facts 297. II. L2-3,T3Development of Foreign Commerce Clause Jurisprudence 299. A. Cook v. Pennsylvania: The Court's First Case Involving the Foreign Commerce Clause. 300 B. Japan Line, Ltd. v. County of Los Angeles: The... 1992  
Joanna I. Rizoulis Fcn Treaty Rights in Fortino v. Quasar Co: the Seventh Circuit Fails to Speak Definitively on Third-party Standing 5 New York International Law Review 89 (Summer, 1992) The proliferation of Friendship, Commerce, and Navigation (FCN) treaties in the 1940s and 1950s signalled a new willingness on the part of the United States and other nations to facilitate private international investment. One provision, contained in most FCN treaties, allows companies of each treaty partner to conduct business within the... 1992  
Eric Eisenstadt Fish out of Water: Setting a Single Standard for Allocation of Treaty Resources 17 American Indian Law Review 209 (1992) In its sorry history of relations with American Indians, the United States has adopted a variety of approaches in an ongoing attempt to control Indians and their affairs. One such approach, loosely referred to as the treaty era, was marked by formally signed treaties between the Indian tribes and the federal government. This era ended in 1871 when... 1992  
David B. Toscano Forbearance Agreements: Invalid Contracts for the Surrender of Sovereignty 92 Columbia Law Review 426 (March, 1992) When the government enters into a contract with a person subject to its laws, a tension immediately arises between that person's expectations and the government's need to tailor its actions to the demands of sound public policy. Performing its obligations under a contract requires the government to limit the exercise of some facet of its sovereign... 1992  
Deborah K. McKnight , Maureen Bellis Foregoing Life-sustaining Treatment for Adult, Developmentally Disabled, Public Wards: a Proposed Statute 18 American Journal of Law & Medicine 203 (1992) This Article proposes a procedure for making decisions to forego life-sustaining treatment for adult, developmentally disabled, public wards who are not competent to make health care decisions. Few commentators or cases address the special considerations involved in making life-sustaining treatment decisions for this patient population. The... 1992  
Jerry Choe Fortino v. Quasar Co.: Parent-right Invocation of Rights for U.s. Subsidiaries of Japanese Companies under U.s.-japan Treaty of Friendship, Commerce, and Navigation 15 Fordham International Law Journal 1130 (1991/1992) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating in favor of employees on the basis of race, sex and national origin. As Japanese companies continue to operate in the United States through wholly-owned U.S.-incorporated subsidiaries, the U.S. employees of these subsidiaries continue to claim Title VII... 1992  
Priya Alagiri Give Us Sovereignty or Give Us Debt: Debtor Countries' Perspective on Debt-for-nature Swaps 41 American University Law Review 485 (Winter, 1992) It is clearly recognized that developing countries (DCs) are experiencing a debt crisis. Beginning in the mid-1970s, bad lending and borrowing decisions, skyrocketing interest rates, and deteriorating terms of trade for their chief exports engendered a dramatic increase in the external debt of DCs. Today, in an attempt to settle the debt, DCs... 1992  
Bill Monahan Giving the Non-proliferation Treaty Teeth: Strengthening the Special Inspection Procedures of the International Atomic Energy Agency 33 Virginia Journal of International Law 161 (Fall, 1992) As part of the cease-fire agreement between Iraq and the United Nations, U.N. Security Council Resolution 687 authorized the International Atomic Energy Agency (IAEA or the Agency) to conduct on-site inspections at facilities suspected of being part of an Iraqi nuclear weapons development program. Subsequently, IAEA inspectors uncovered a large... 1992  
Sally J. Johnson Honoring Treaty Rights and Conserving Endangered Species after United States v. Dion 13 Public Land Law Review 179 (Spring, 1992) Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere, and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith. . . . In United States v. Dion the Supreme Court expressly sidestepped the issue of whether the Endangered... 1992  
Stephen R. Kandall , Wendy Chavkin Illicit Drugs in America: History, Impact on Women and Infants, and Treatment Strategies for Women 43 Hastings Law Journal 615 (March, 1992) The use of illicit drugs has increasingly been recognized as one of the major problems facing our society, even to the point of generating a war on drugs. But while the rhetoric may have a new ring, the war has been fought using varying strategies for more than a century with little success. This Article briefly reviews the American drug... 1992  
Catherine J. Iorns Indigenous Peoples and Self Determination: Challenging State Sovereignty 24 Case Western Reserve Journal of International Law 199 (Spring, 1992) Indigenous peoples and their cultures have been attacked since their discovery and colonization. The treatment of indigenous peoples has been so severe that it has been referred to as genocide and as a holocaust. While the particular histories of different indigenous peoples differ, they have in common a history of conquest by another group... 1992  
Lyman Johnson Individual and Collective Sovereignty in the Corporate Enterprise 92 Columbia Law Review 2215 (December, 1992) [I]t is not only outside of contractual relations, it is in the play of these relations themselves that social action makes itself felt. For everything in the contract is not contractual. [E]very obligation which has not been mutually consented to has nothing contractual about it. But wherever a contract exists, it is submitted to regulation which... 1992  
  Jurisdiction: Sovereign Immunity in Federal Interpleader Actions 17 American Indian Law Review 667 (1992) Indian Country U.S.A. (ICUSA) entered into an agreement with the Muscogee (Creek) Nation (the Nation) to manage the Nation's bingo hall in Tulsa. The Nation perceived a breach of the agreement and obtained a temporary restraining order (TRO) from the Nation's tribal court. The TRO ousted ICUSA from the bingo hall and restrained the Bank of Oklahoma... 1992  
Henry Michael Perlowski Morgan Guaranty Trust Co. v. Republic of Palau: the Second Circuit Aborts a Nation by Preferring Ceremonialism to Actual Exercises of Sovereign Capacity 17 North Carolina Journal of International Law and Commercial Regulation 311 (Spring, 1992) Under the Foreign Sovereign Immunities Act (FSIA), federal and state courts determine the jurisdiction of foreign entities by analyzing standards developed in international law. Since federal district courts have original jurisdiction over any civil action involving a foreign state, the central question for jurisdictional purposes is whether a... 1992  
Jon Ebersole , Reporter National Sovereignty Revisited: Perspectives on the Emerging Norm of Democracy in International Law 86 American Society of International Law Proceedings 249 (April 1-4, 1992) Friday, April 3: Morning The panel was convened by Laura Bocalandro in the absence of its Chair, Virginia Leary, at 8:30 a.m., April 3, 1992. By Gregory H. Fox The end of the Cold War has brought us many things, not the least of which is an increasing number of states that choose their leaders in free and open elections. According to the Human... 1992  
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