AuthorTitleCitationSummaryYearKey Terms
Sidney A. Patchett Nelson v. Saudi Arabia: an Unrestricted Reading of the Restrictive Doctrine of Foreign Sovereign Immunity 23 University of Miami Inter-American Law Review 541 (Winter, 1991/1992) I. INTRODUCTION. 541 II. THE COMMERCIAL ACTIVITIES EXCEPTION IN HISTORICAL PERSPECTIVE. 543 A. The Absolute Doctrine of Immunity. 544 B. The Restrictive Doctrine of Immunity. 547 C. From the Tate Letter to the Foreign Sovereign Immunities Act. 549 D. The Foreign Sovereign Immunities Act. 550 III. NELSON v. SAUDI ARABIA: THE COURT'S TREATMENT. 551... 1992  
Mark Gerald Essey Pennsylvania and the Right to Refuse or Terminate Medical Treatment 2 Widener Journal of Public Law 81 (1992) Without natural death, human societies and the human race itself would certainly be unable to thrive. Perhaps when we realize this we may come to realize at the same time that there is a point in the degeneration of our bodies when life loses its value and we may then be prepared voluntarily to leave the scene to our successors. [W]ith the advance... 1992  
Daniel A. Braun Praying to False Sovereigns: the Rule Permitting Successive Prosecutions in the Age of Cooperative Federalism 20 American Journal of Criminal Law L. 1 (Fall, 1992) C1-3Table of Contents I. Introduction. 2 A. The Rule Permitting Successive Prosecutions and its Increasing Importance. 2 B. Survival of the Unfit: Dual Sovereignty in the Age of Cooperative Federalism. 7 C. Praying to False Sovereigns: An Argument for Different Questions and Better Answers. 9 II. The Rule and Rationale of Bartkus and Abbate: Review... 1992  
Rodney R. McColloch Protocol on Environmental Protection to the Antarctic Treaty-the Antarctic Treaty-antarctic Minerals Convention-wellington Convention-convention on the Regulation of Antarctic Mineral Resource Activities 22 Georgia Journal of International and Comparative Law 211 (1992) On October 4, 1991, the United States, along with twenty-four other nations, signed the Protocol on Environmental Protection to the Antarctic Treaty. This international agreement establishes a minimum 50-year ban on the exploitation of Antarctica's oil and mineral resources. Environmental groups and governments have hailed this agreement,... 1992  
Harold J. Krent Reconceptualizing Sovereign Immunity 45 Vanderbilt Law Review 1529 (November, 1992) I. Introduction. 1529 II. Structural Predicate of Sovereign Immunity. 1534 III. Waivers of Immunity in Tort. 1541 A. Discretionary Function Exception. 1545 B. Misrepresentation Exception. 1551 C. Bivens Claims. 1555 D. Immunity for Government Employees. 1558 IV. Waivers of Immunity in Contract. 1560 A. Liability of Executive Branch for Breach of... 1992  
Ellen Wright Clayton Screening and Treatment of Newborns 29 Houston Law Review 85 (Spring, 1992) I. Introduction. 86 II. Interdisciplinary Method in Law and Medicine. 88 III. What Is Newborn Screening?. 95 IV. The Players And The Stakes. 100 A. The Children. 100 1. Treatment of newborns and limitations of screening. 100 2. Legal implications of screening for children. 106 B. The Parents. 109 1. How parents respond to screening. 109 2. The... 1992  
Steven J. Lewengrub Seventh Circuit Allows American Subsidiary to Avoid Title Vii Liability by Asserting Fcn Treaty Rights of Japanese Parent-american Employees Treated as Second Class Citizens-court Cites Reciprocal Benefits for American Firms Operating Abroad-fortino v. Qu 22 Georgia Journal of International and Comparative Law 527 (1992) In May of 1986, Matsushita Electric Industrial Company, Ltd. (MEI) reorganized Quasar Company (Quasar), a division of its wholly-owned American subsidiary, Matsushita Electric Corporation of America (Matsushita). As a result of the reorganization plan, Quasar terminated many of its American managerial employees, including John Fortino, Carl Meyers,... 1992  
John H. Jackson Status of Treaties in Domestic Legal Systems: a Policy Analysis 86 American Journal of International Law 310 (April, 1992) The degree to which an international treaty is directly applied or self-executing in a national (municipal) legal system, i.e., to what extent the treaty norms are treated directly as norms of domestic law (statutelike law) without a further act of transformation, has been debated in an extensive literature for more than a century. This... 1992  
Joan E. Donoghue Taking the "Sovereign" out of the Foreign Sovereign Immunities Act: a Functional Approach to the Commercial Activity Exception 17 Yale Journal of International Law 489 (Summer, 1992) I. Introduction II. From The Schooner Exchange to the FSIA: Nineteenth-Century Theory and Twentieth-Century Law III. Application of the FSIA's Commercial Activity Exception A. The Private Person Test 1. Identification of the Relevant Activity 2. Can a Private Person Engage in the Activity? B. The Sovereignty Approach C. Consideration of Purpose IV.... 1992  
Peter C. Guthery Tax Treatment of Governmental Units and Statutorily Created Entities 21 Colorado Lawyer 479 (March, 1992) In an era of budget deficits and general contraction of government services, governmental units are turning increasingly to the private sector for assistance in performing or funding many of the functions that previously were viewed as being within the province of government. As a result, many private sector entitiesthrough contracts, enabling... 1992  
William M. Welch The Antarctic Treaty System: Is it Adequate to Regulate or Eliminate the Environmental Exploitation of the Globe's Last Wilderness? 14 Houston Journal of International Law 597 (Spring, 1992) I. Introduction. 599 II. Geophysical Characteristics and Environmental Concerns. 602 A. Physical Characteristics. 603 B. Minerals Potential. 605 C. Potential Environmental Damage. 608 III. Historical Perspective and General Operation of the ATS. 611 A. Early History/Exploration. 611 B. Territorial Claims. 613 1. Claimant States. 614 2.... 1992  
Sanford Levinson The Audience for Constitutional Meta-theory (Or, Why, and to Whom, Do I Write the Things I Do?) 63 University of Colorado Law Review 389 (1992) I am extremely grateful for the opportunity to participate in this conference on Constitutional Theory and the Practice of Judging, a title with multiple implications. One, certainly, is the extent to which judges, in the practice of judging, do (or ought to) draw on explicit theoretical approaches toward constitutional interpretation. That is... 1992  
Peter Margulies The Cognitive Politics of Professional Conflict: Law Reform, Mental Health Treatment Technology, and Citizen Self-governance 5 Harvard Journal of Law & Technology 25 (Spring, 1992) Professionals who are busy fighting a previous war fail to revise their roles to accommodate current experience. This tendency is most pronounced when yesterday's foe is another professional group. One current health issuethe availability of a new anti-schizophrenia medication, clozapineprovides a case study of how obsolete professional roles... 1992  
Michael F. Miley The Csce Process and the Question of Sovereignty 19 Southern University Law Review 93 (Spring, 1992) The idea of sovereignty of an individual state is at the core of the existence of the nation states of the world community. The CSCE Process, which is outlined by a series of documents, has thus far three primary documentsThe Final Act of Helsinki of the Conference on Security and Co-Operation in Europe (CSCE) dated August 1, 1975, The Document of... 1992  
  Treaties: Interpretation of Reservation Boundaries 17 American Indian Law Review 671 (1992) This case arose out of a magistrate's effort to allocate fishing rights in the waters of Bellingham Bay in the state of Washington. At issue was the location of the eastern boundary of the Lummi reservation which was created under the 1855 Treaty of Point Elliott. The state relied on language in an Executive Order of 1873 which defined the eastern... 1992  
Carlos Manuel Vazquez Treaty-based Rights and Remedies of Individuals 92 Columbia Law Review 1082 (June, 1992) Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the supreme Law of the... 1992  
Deborah D. Herrera Unincorporated and Exploited: Differential Treatment for Trust Territory Claimants -- Why Doesn't the Constitution Follow the Flag? 2 Seton Hall Constitutional Law Journal 593 (Spring, 1992) I. INTRODUCTION II. THE FIRST CENTURY FOLLOWING THE RATIFICATION OF THE BILL OF RIGHTS III. THE INSULAR CASES IV. EXPANDING THE CONSTITUTION'S REACH: REID v. COVERT V. THE CONSTITUTION IN MICRONESIA VI. A NEW APPROACH VII. CONCLUSION In the late nineteenth century, the judiciary had to decide whether the Constitution follows the flag. That is,... 1992  
John D. Gorby, J.D. Viewing the "Draft Guidelines for State Court Decision Making in Authorizing or Withdrawing Life-sustaining Medical Treatment" from the Perspective of Related Areas of Law and Economics: a Critique 7 Issues in Law and Medicine 477 (Spring, 1992) In December 1990, the National Center for State Courts published its Draft Guidelines for State Court Decision Making in Authorizing or Withholding Life-Sustaining Medical Treatment (LSMT). The introduction to the draft guidelines states that the media portrays LSMT cases as moral and ideological conflicts, whereas trial judges must deal with... 1992  
Deborah Sussman Steckler A Trend Toward Declining Rigor in Applying Free Exercise Principles: the Example of State Courts' Consideration of Christian Science Treatment for Children 36 New York Law School Law Review 487 (1991) In Walker v. Superior Court and Hermanson v. State, Christian Science parents were prosecuted for failing to provide medical treatment to their ill children. These parents, in sincere exercise of their religious beliefs, instead provided Christian Science prayer-based treatment. After their children died, they were charged with involuntary... 1991  
Brian N. Corrigan, Eileen Cotter Donovan Admission? Yes; Practice? No: New York's Inconsistent Treatment of Nonresident Attorneys 6 Saint John's Journal of Legal Commentary 383 (Spring, 1991) The Journal of Legal Commentary is pleased to present the fourth annual Survey of Professional Responsibility. The Survey discusses current issues relating to ethical conduct in the legal community. The spring 1991 Survey contains two articles. The first article examines the constitutionality of residency requirements placed on the practice of law.... 1991  
Nathaniel Berman, Northeastern University Autonomy, Sovereignty, and Self Determination: the Accommodation of Conflicting Rights. By Hurst Hannum. Philadelphia: University of Pennsylvania Press, 1990. Pp. X, 503. Index. $44.95 85 American Journal of International Law 730 (October, 1991) The publication of Hurst Hannum's survey of the contribution of law to the resolution of group conflict comes at a time of renewed international legal reflection on these issues. Upheavals in the former Eastern bloc have again confronted established state authority with nationalist demands; the invasion of Kuwait has evoked the image of an... 1991  
Louise M. Gleason, Marie I. Goutzounis Clearing the Air of Environmental Sovereign Immunity: Ohio v. United States Department of Energy 6 St. John's Journal of Legal Commentary 287 (Spring, 1991) The hazardous release of pollutants has seriously jeopardized the integrity of the environment. In response to growing public concern, Congress has enacted legislation to curb environmental degradation. Two such enactments, the Water Pollution Prevention and Control Act (Clean Water Act) and the Resource Conservation and Recovery Act (RCRA),... 1991  
James M. Wilton Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure 25 Family Law Quarterly 149 (Summer, 1991) For at least 250 years doctors have known that a mother's alcohol use during pregnancy adversely affects children born of that pregnancy. Only recently, however, have doctors identified the pattern of alcohol-related birth defects known as fetal alcohol syndrome (FAS). One recent study has shown that FAS has a worldwide incidence rate of 1.9 cases... 1991  
Bruce J. Winick Competency to Consent to Treatment: the Distinction Between Assent and Objection 28 Houston Law Review 15 (January, 1991) I. INTRODUCTION. 15 II. THE STANDARDS FOR MEASURING COMPETENCY. 21 III. THE DIFFERENCE BETWEEN ASSENT AND OBJECTION. 27 IV. THE THERAPEUTIC VALUE OF PATIENT CHOICE. 46 V. PROCEDURAL DUE PROCESS CONSIDERATIONS. 54 VI. CONCLUSION. 61 The doctrine of informed consent contemplates a physician who discloses relevant information to his patient concerning... 1991  
William L. Leschensky Constitutional Protection of the "Refusal-of-treatment": Cruzan v. Director, Missouri Department of Health, 110 S. Ct. 2841 (1990) 14 Harvard Journal of Law & Public Policy 248 (Winter, 1991) Advances in medical science may enable some individuals to recover from illness or accident and resume productive, meaningful lives. For others, however, technological assistance is not so clearly beneficial. An individual who survives a medical crisis may be left in a profoundly debilitated condition that, until recently, would have resulted in... 1991  
Kenneth S. Weitzman Copyright and Patent Clause of the Constitution: Does Congress Have the Authority to Abrogate State Eleventh Amendment Sovereign Immunity after Pennsylvania v. Union Gas Co.? 2 Seton Hall Constitutional Law Journal 297 (Fall, 1991) I. INTRODUCTION. 298 II. EVOLUTION OF ELEVENTH AMENDMENT JURISPRUDENCE. 301 A. Expansive Interpretation of the Eleventh Amendment. 303 B. Chipping Away at the Breadth of State Immunity. 304 1. Prospective Relief Against State Officials. 305 2. Waiver of Immunity By the State Itself. 307 3. Congressional Abrogation of the Eleventh Amendment. 310 4.... 1991  
S. E. Seicshnaydre Cruzan v. Director, Missouri Department of Health: Discerning the Possibilities and the Limitations of an Incompetent's Exercise of the Right to Refuse Treatment 65 Tulane Law Review 1289 (May, 1991) On the night of January 11, 1983, Nancy Beth Cruzan lost control of her car as she travelled down Elm Road in Jasper County, Missouri. She was later discovered lying face down in a ditch without detectable respiratory or cardiac function. Paramedics restored her breathing and heartbeat and transported her to a hospital. A neurosurgeon diagnosed a... 1991  
Mark F. McElreath Degrading Treatment-from East Africa to Hong Kong: British Violations of Human Rights 22 Columbia Human Rights Law Review 331 (Spring, 1991) The end of World War II found Great Britain in a position unlike any other in its history. Its vast empire was shrinking, and as colonies and territories were liberated from imperial control, British subjects from across the world sought refuge in the United Kingdom (UK). The desire of large numbers of immigrants, mainly people of color, to settle... 1991  
Michael S. Kimm Domestic Employees and Title Vii Versus Foreign Employers and "Fcn" Treaties: a 21st Century Perspective 9 Boston University International Law Journal 95 (Spring, 1991) C1-3TABLE OF CONTENTS L1-2INTRODUCTION 95. I. TITLE VII'S CONGRESSIONAL MANDATES. 98 II. FRIENDSHIP, COMMERCE, AND NAVIGATION TREATIES. 105 III. PRINCIPLES OF TREATY CONSTRUCTION. 110 IV. TITLE VII-FCN TREATY CASES. 113 V. A 21ST CENTURY PERSPECTIVE. 133 L1-2CONCLUSION 146. 1991  
Rashelle Perry Employment Division, Department of Human Resources v. Smith: a Hallucinogenic Treatment of the Free Exercise Clause 17 Journal of Contemporary Law 359 (1991) In 1990, the United States Supreme Court drastically altered the traditional protections afforded religiously motivated conduct under the Free Exercise Clause of the first amendment. The Court, in Employment Division, Department of Human Resources v. Smith (Smith II), held that the Free Exercise Clause did not prohibit applying state drug laws to... 1991  
Kary L. Moss Forced Drug or Alcohol Treatment for Pregnant and Postpartum Women: Part of the Solution or Part of the Problem? 17 New England Journal on Criminal and Civil Confinement Confinement 1 (Winter, 1991) The first task of law and psychiatry is to limit the duty to be treated and to create a right to treatment only for those who wish to exercise it or who after a period of time have come to appreciate it as a right and can benefit from it. For all others the right is a delusion, an unwarranted denial of their constitutional rights and an attempt to... 1991  
Michele D. Sullivan From Warren to Rehnquist: the Growing Conservative Trend in the Supreme Court's Treatment of Children 65 Saint John's Law Review 1139 (Autumn, 1991) Historically, children as individuals have not been afforded the same degree of constitutional protection as adults. The Supreme Court, while acknowledging that the Constitution guarantees certain individual rights to children, has generally not applied stringent standards in determining whether the rights of children have been abridged or denied.... 1991  
James M. Kane International Tax Treaties and State Taxation: Can the Federal Government Speak with One Voice? 10 Virginia Tax Review 765 (Spring, 1991) If the President and the Congress cannot guarantee protection from double taxation to our trading partners abroad, then who can? --Senator Charles Mathias Jr., Hearing before the Committee on Foreign Relations, June 6, 1979. The proliferation of multinational business has brought into sharper focus the role of international tax treaties. In... 1991  
Brenda J. Shirman International Treatment of Child Abduction and the 1980 Hague Convention 15 Suffolk Transnational Law Journal 188 (Fall, 1991) International child abduction by a non-custodial parent is a threat which many divorced or separated parents must face. The custodial parent endures emotional and financial turmoil while searching for the child who has been spirited away to an unknown destination in violation of that custodial parent's custody rights. If the child is found, the... 1991  
Corinne Beckwith Yates Limitations of Sovereign Immunity under the Clean Water Act: Empowering States to Confront Federal Polluters 90 Michigan Law Review 183 (October, 1991) When it comes to polluting the environment, some of the worst offenders are our own Federal facilities, Vice President George Bush said in a 1988 presidential campaign speech. Promoting himself as the environmental president, Bush urged that t he government should live within the laws it imposes on others. Private chemical companies, steel... 1991  
Eric Allen Grasberger Macnamara v. Korean Air Lines: the Best Solution to Foreign Employer Job Discrimination under Fcn Treaty Rights 16 North Carolina Journal of International Law and Commercial Regulation 141 (Winter, 1991) The United States Supreme Court recently denied certiorari to the Third Circuit's decision in MacNamara v. Korean Air Lines allowing foreign employers, pursuant to Friendship, Commerce, and Navigation (FCN) Treaties, intentionally to discriminate against U.S. citizens on the basis of citizenship, but not on the basis of age, race, sex, or... 1991  
Hiram E. Chodosh Neither Treaty Nor Custom: the Emergence of Declarative International Law 26 Texas International Law Journal 87 (Winter, 1991) A. The Shared Problem of Anthropology and International Law B. A Cross-Cultural Definition of Law C. The Two Origins of Law: Customs and Political Declarations D. The Distinction Between Customary and Declarative Law A. The Classical Definition B. The Traditional Definition C. The Emerging Modern Definition 1. Criteria of the Classical Definition... 1991  
Robert A. Friedlander Separating the Powers: Constitutional Principles and the Treaty Process 16 Oklahoma City University Law Review 257 (Summer, 1991) Arthur M. Schlesinger, Jr., that liberal font of historical certitude, in the second chapter of his much-cited book, The Imperial Presidency (much-cited for its title and not for its content), wrote that t he men who framed the Constitution knew their international law. Indeed they did, but because they did, there was no need to debate... 1991  
Johan D. van der Vyver Sovereignty and Human Rights in Constitutional and International Law 5 Emory International Law Review 321 (Fall, 1991) The concept of sovereignty had its origin in constitutional law. More recently, sovereignty, with the notion of the equality of states, has also acquired special significance in international law. Many international lawyers regretted the infiltration of the notion of sovereignty into the confines of their discipline. Lowenfeld, for instance,... 1991  
Joseph William Singer Sovereignty and Property 86 Northwestern University Law Review Rev. 1 (Fall, 1991) Every part of this earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing, and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man. Chief Seattle, Suquamish Nation (1855) The District Court... 1991  
Lyman Johnson Sovereignty over Corporate Stock 16 Delaware Journal of Corporate Law 485 (1991) I. Introduction II. Common Ground III. Disputed Ground A. Degenerate State Law: Two Solutions to the Dilemma of Vulnerable Shareholders 1. The Corporatization of Federal Securities Law 2. The Corporation As Marketplace B. Initial Success for the Marketplace Solution: The Failure of First-Generation Antitakeover Statutes C. Countermoves: Curtailing... 1991  
Anupam Chander Sovereignty, Referenda, and the Entrenchment of a United Kingdom Bill of Rights 101 Yale Law Journal 457 (November, 1991) If a bill of rights were passed in the United Kingdom in 1992, could Parliament pass a Bill of Rights Repeal Act the following year? The principle of parliamentary sovereignty-that Parliament has the right to make or unmake any law whatever -suggests that Parliament would indeed have the power to pass a repeal act and, a fortiori, any lesser act... 1991  
Luis Li State Sovereignty and Nuclear Free Zones 79 California Law Review 1169 (July, 1991) Nuclear free zone ordinances present courts with choices between local and national interests and between judicial and legislative decisionmaking. This Comment argues that courts should not forbid state and local governments from using traditional police powers to ban the manufacture of nuclear weapons and weapons parts within their borders. First,... 1991  
John Altomare Stemming the Flow: the Role of International Environmental Law in Seeking a Solution to the Sewage Treatment Crisis at the Tijuana-san Diego Border Region 21 California Western International Law Journal 361 (1990/1991) Raw sewage spills originating in Tijuana, Baja California, and which flow daily across the Mexican-United States border into neighboring San Diego via the Tijuana River and ocean waters pose a serious international environmental problem. Approximately thirteen million gallons per day (mgd) of Tijuana's untreated sewage drains from city street... 1991  
Terrance A. Kline Suicide, Liberty and Our Imperfect Constitution: an Analysis of the Legitimacy of the Supreme Court's Entanglement in Decisions to Terminate Life-sustaining Medical Treatment 14 Campbell Law Review 69 (Winter, 1991) C1-3TABLE OF CONTENTS I. INTRODUCTION. 70 II. CRUZAN V. DIRECTOR, MISSOURI DEPARTMENT OF HEALTH. 71 III. THE LEGITIMACY OF THE SUPREME COURT'S RECOGNITION OF A RIGHT TO SUICIDE UNDER THE CONSTITUTION. 76 A. The Notion of Rights Under the Constitution. 77 B. Expanding the Constitutional Scheme of Rights With Substantive Due Process. 80 C. Devising a... 1991  
Samuel Jan Brakel, J.D. , John M. Davis, M.D. Taking Harms Seriously: Involuntary Mental Patients and the Right to Refuse Treatment 25 Indiana Law Review 429 (1991) One of the more controversial, if not paradoxical, developments in the continually expanding field known as mental health law has been the establishment in the mid-to-late 1960's of a patient's right to treatment, followed a short decade later by the legal consolidation of its counter pointthe right to refuse treatment. Although legal rights... 1991  
Bernard Roberts The Common Law Sovereignty of Religious Lawfinders and the Free Exercise Clause 101 Yale Law Journal 211 (October, 1991) The ascending theme of contemporary free exercise jurisprudence is that the Free Exercise Clause of the First Amendment imposes no presumptive structural limitations upon the state's authority to regulate religious activity. This theme resounds throughout the opinion of the U.S. Supreme Court in Employment Division, Department of Human Resources v.... 1991  
Gary Minda The Dilemmas of Property and Sovereignty in the Postmodern Era: the Regulatory Takings Problem 62 University of Colorado Law Review 599 (1991) In the last decade there has been an explosion of Supreme Court case law struggling with the question of what makes a regulatory restriction on private property a taking for which just compensation is required by the Constitution. Judges, policy makers and legal scholars have offered various modern approaches to answer this question.... 1991  
Marsha L. Anastasia The Endangered Species Act and State Sovereignty: Defenders of Wildlife v. Lujan 7 Connecticut Journal of International Law 87 (Fall, 1991) The importance of preserving biological diversity throughout the world has come to the forefront of modern wildlife law. The Endangered Species Act marked the beginning of the United States effort to protect species from extinction, whatever the cost. The United States has recognized the need to consider the effects that developmental projects... 1991  
David Zachary Kaufman The Greenhouse Effect: Available and Needed Laws and Treaties 9 UCLA Journal of Environmental Law & Policy 219 (1991) The greenhouse effect is the common name for the physical processes by which energy from the sun penetrates the Earth's atmosphere and is reflected back, but is trapped and cannot escape. These processes raise the Earth's average temperature by approximately sixty degrees Fahrenheit. The most important of the gases that cause this process is carbon... 1991  
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