AuthorTitleCitationSummaryYearKey Terms
Stephen N. Sher The Identical Treatment of Obscene and Indecent Speech: the 1991 Nea Appropriations Act 67 Chicago-Kent Law Review 1107 (1991) I disapprove of what you say, but I will defend to the death your right to say it. De gustibus non est disputandum. Just as there is no use arguing about taste, there is no use litigating about it. As a result of 1980s conservatism, fundamentalist groups have recently sprung up across the country, which advocate a back-to-the church or... 1991  
Perry Dane The Maps of Sovereignty: a Meditation 12 Cardozo Law Review 959 (February/March, 1991) C1-3TABLE OF CONTENTS I. Sovereignty-Talk. 965 A. Sovereignty and Rights. 966 B. Indian Bingo and Church Property. 967 C. More on Sovereignty and Rights. 970 D. Connections. 971 II. The State and Other Legal Orders. 973 A. Of State Exclusivism. 973 1. Logic. 977 2. Experience. 979 3. The Liberal State. 983 4. The Therapeutic State. 985 B. Of John... 1991  
Stephen C. McCaffrey The Restatement's Treatment of Sources and Evidence of International Law 25 International Lawyer 311 (Summer, 1991) The Restatement (Third) of the Foreign Relations Law of the United States is a comprehensive revision of its predecessor, the original Restatement, which the American Law Institute (ALI) published in 1965. The new version is an ambitious undertaking, covering many more subjects, and reflect ing important developments in the intervening decades .... 1991  
Edward J. Imwinkelried The Right to "Plead Out" Issues and Block the Admission of Prejudicial Evidence: the Differential Treatment of Civil Litigants and the Criminal Accused as a Denial of Equal Protection 40 Emory Law Journal 341 (Spring, 1991) The setting is a civil case. The plaintiff, Mrs. Anderson, has filed a wrongful death action against the defendant, Mr. Burton, and seeks punitive damages. Her complaint alleges that on January 1, 1990, the defendant intentionally shot and killed her husband. The complaint avers that the defendant did so maliciously and without justification. The... 1991  
Lori Fisler Damrosch The Role of the United States Senate Concerning "Self-executing" and "Non-self-executing" Treaties 67 Chicago-Kent Law Review 515 (1991) This essay concerns a pattern in treaty actions of the U.S. Senate which tends to weaken the domestic legal effect of treaties. Under this pattern, the Senate qualifies its consent to U.S. ratification of the treaty with a declaration or other condition to the effect that the treaty shall be non-self-executing, or otherwise expresses its intention... 1991  
Stefan A. Riesenfeld , Frederick M. Abbott The Scope of U.s. Senate Control over the Conclusion and Operation of Treaties 67 Chicago-Kent Law Review 571 (1991) This article will briefly describe the basic allocation of the treaty power in the United States and the status of treaty law in the municipal legal system. These matters are the subject of a number of excellent studies by American and foreign scholars. Our main concern, however, is with a particular feature of the constitutional landscapethe role... 1991  
William C. Hoffman The Separate Entity Rule in International Perspective: Should State Ownership of Corporate Shares Confer Sovereign Status for Immunity Purposes? 65 Tulane Law Review 535 (February, 1991) INTRODUCTION. 536 I. THE SEPARATE ENTITY RULE: ITS DEVELOPMENT AND CURRENT APPLICATIONS. 542 A. The American Rule. 543 B. The English Rule. 551 C. The Separate Entity Rule in Western Europe. 554 1. Switzerland. 554 2. Germany. 557 3. France. 559 4. Belgium. 563 II. THEORETICAL AND PRACTICAL PROBLEMS ARISING UNDER SECTION 1603(b). 565 A.... 1991  
R. Michael Underhill The Sovereign as Plaintiff: Clean Seas and Other Coin of the Realm 3 University of San Francisco Maritime Law Journal 37 (Winter, 1990/1991) With the advent of instantaneous world-wide communications, as well as low cost, readily accessible trans-oceanic flight, everyman's concept of the importance of the admiralty has flagged. To the layman, the words maritime and sailing have little meaning beyond the Sunday sport of starched-linen weekend sailors; indeed, many members of the... 1991  
Willard L. Boyd III , Robert K. Huffman The Treatment of Implied-in-law and Implied-in-fact Contracts and Promissory Estoppel in the United States Claims Court 40 Catholic University Law Review 605 (Spring, 1991) Under the Tucker Act, the United States Claims Court has jurisdiction over actions involving express and implied-in-fact contract claims made by private parties against the United States Government. The court, however, has repeatedly stated that it does not have jurisdiction over actions arising under implied-in-law contracts. As a result, the... 1991  
Richard L. Doernberg The U.s.-india Income Tax Treaty: Breaking New Ground in Taxing Services Income from Licensing Technology 44 Tax Lawyer 735 (Spring, 1991) The new income tax treaty between the United States and India contains an unprecedented allocation of taxing authority to a state (the source state) that imports certain services (included services) from the other contracting state (the residence state) which constitutes an expedient erosion of the permanent establishment principle. Because in... 1991  
Charles F. Wilkinson To Feel the Summer in the Spring: the Treaty Fishing Rights of the Wisconsin Chippewa 1991 Wisconsin Law Review 375 (1991) In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a... 1991  
Abraham Abramovsky Transfer of Penal Sanctions Treaties: an Endangered Species? 24 Vanderbilt Journal of Transnational Law 449 (1991) During the past twenty-five years, the United States and Mexico have entered into a multitude of bilateral agreements aimed at combatting the insistent and ever-growing problem of narcotics trafficking. For example, in 1969, the governments of Mexico and the United States entered into Operation Intercept. Pursuant to this operation, customs... 1991  
Beverly Weinberg Treating the Sumptom Instead of the Cause: Regulating Student Speech at the University of Connecticut 23 Connecticut Law Review 743 (Spring, 1991) WITHIN an eighteen-month period, the University of Connecticut added a provision to its student conduct code aimed at reducing the frequency of personal slurs or epithets made by students on campus, then repealed and amended the provision due to concerns over its constitutionality. To maintain a healthy learning environment for all by ridding the... 1991  
Richard A. Matasar Treatise Writing and Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics? 89 Michigan Law Review 1499 (May, 1991) Reviewing books is much harder than the two thumbs up approach of Siskel and Ebert. One could merely describe a book, place it within scholarly literature, and evaluate it. Or, one could take on a far more complex task: rethinking starting points, and measuring a book not just on its own terms, but against the framework of an emerging new... 1991  
Ludwik A. Teclaff Treaty Practice Relating to Transboundary Flooding 31 Natural Resources Journal 109 (Winter, 1991) Most agreements surveyed in this paper focus on maximum flood restraint by means of dams and other structures. As a rule, only floods having detrimental effects were perceived as the object of international regulation, and the idea of permitting some flooding for beneficial purposes, such as ecosystem preservation, does not appear in treaties until... 1991  
Mark A. Kornfeld United States v. Gelb: the Second Circuit's Disappointing Treatment of the Fair Cross-section Guarantee 57 Brooklyn Law Review 341 (Summer, 1991) The Sixth Amendment guarantees every criminal defendant the right to a trial by an impartial jury. To protect this guarantee and to ensure the legitimacy of jury decisions it is essential that the process of jury selection be impartial. As a result, discriminatory jury selection procedures have historically been an issue of profound constitutional... 1991  
Megan R. Golden When Pregnancy Discrimination Is Gender Discrimination: the Constitutionality of Excluding Pregnant Women from Drug Treatment Programs 66 New York University Law Review 1832 (December, 1991) On October 27, 1989, a twenty-one-year-old New York City woman who was four months pregnant contacted St. Barnabas Hospital. Concerned that her alcohol use could cause birth defects to her fetus and health risks to herself, she sought admission to its inpatient alcohol detoxification program. Hospital personnel told her that they did not admit... 1991  
Richard E. Andersen Worldwide Treaty Network Expands During 1990 1 Journal of International Taxation 380 (March/April, 1991) Last issue's column discussed some significant tax treaty developments involving European nations. In this column's survey of global treaty developments during 1990, the focus shifts to other parts of the world. One of the most interesting developments in Japan's international tax relations was the entry into force of a new treaty between Japan and... 1991  
Roseann Eshbach A Global Approach to the Protection of the Environment: Balancing State Sovereignty and Global Interests 4 Temple International and Comparative Law Journal 271 (Fall, 1990) For centuries, man assumed that the earth and its environment was indestructible. Consequently, as the modern world began to industrialize, great emphasis was not placed on conserving natural resources. Instead, mankind sought only immediate economic gain, all the while believing that resources were bountiful and immense in their capability to... 1990  
Greg Warnagieris A Treaty in Conflict with Title Vii: Macnamara v. Korean Air Lines from an International Human Rights Perspective 13 Loyola of Los Angeles International and Comparative Law Journal 331 (December, 1990) Direct foreign investment in the United States, including joint ventures as well as the outright purchase of American companies, increased dramatically in the past decade. With the accompanying importation of foreign management and culture, questions naturally arise over how American workers will fare under their new foreign managers. A fundamental... 1990  
Mary Lynn Canmann Antarctic Oil Spills of 1989: a Review of the Application of the Antarctic Treaty and the New Law of the Sea to the Antarctic Environment 1 Colorado Journal of International Environmental Law and Policy 211 (Summer, 1990) Antarctica is a beautiful, pristine place and one of the last relatively unspoiled areas left on the planet. The continent holds many natural wonders and is a perfect laboratory for scientific study. But, as food, energy, and fresh water are increasingly demanded, nations seek new and plentiful sources to provide for these necessities. Naturally,... 1990  
Michael H. Hoffheimer Artistic Convention and Natural Law: Didactic Treatment of Justice and Authority in Works of Fielding, Hawthorne, and Fritz Lang 63 Temple Law Review 483 (Fall, 1990) There are two prosecuting attorneys. The one at your door prosecutes crimes against society. The other is nature, and it knows all vices that escape the law. If you are promiscuous, you will suffer dropsy. Engage in gluttony, you will become consumptive. Open your door to criminals and consort with them, and you will be betrayed, assailed, scorned.... 1990  
Craig D. Sjostrom Comment, of Birds and Men: the Migratory Bird Treaty Act 26 Idaho Law Review 371 (1989/1990) The Migratory Bird Treaty Act (MBTA) is one of the pioneering federal wildlife statutes. The MBTA was enacted in 1918 as an outgrowth of a treaty entered into between the United States and the United Kingdom acting on behalf of Canada. For much of its history the MBTA was viewed as a statute that merely authorized the regulation of bird hunting.... 1990  
James A. Gardner Consent, Legitimacy and Elections: Implementing Popular Sovereignty under the Lockean Constitution 52 University of Pittsburgh Law Review 189 (Fall, 1990) I. The Consent of the Governed as the Basis of Governmental Legitimacy A. The Reshaping of the Historical Landscape 1. The Identification of Multiple Influences on the Founders 2. The Republican Revival B. Popular Sovereignty and the Consent of the Governed 1. Some Basics of Lockean Theory 2. The Constitution and the Lockean Theory of Popular... 1990  
Jennifer Trahan Constitutional Law: Parental Denial of a Child's Medical Treatment for Religious Reasons 1989 Annual Survey of American Law 307 (December, 1990) In Florida, a child is rushed to an emergency room, where doctors realize the child will die unless they administer blood transfusions. The parents, Jehovah's Witnesses, refuse to consent to transfusions. In California, a child with cancer is treated with chemotherapy and radiation. The child's cancer is in remission, but doctors believe there is a... 1990  
Catherine Goldberg Constitutional Law-abrogation of State Sovereign Immunity under Cercla 16 William Mitchell Law Review 1075 (1990) In Pennsylvania v. Union Gas Co., the United States Supreme Court held that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), permits a private party to sue a state for damages in federal court. This case is... 1990  
Gary M. Buechler Constitutional Limits on the President's Power to Interpret Treaties: the Sofaer Doctrine, the Biden Condition, and the Doctrine of Binding Authoritative Representations 78 Georgetown Law Journal 1983 (August, 1990) The latter half of the 1980s witnessed a furious debate over the contours of the Senate's constitutionally prescribed role in the treaty-making process. The Reagan Administration's attempt to reinterpret the Anti-Ballistic Missile Treaty (ABM Treaty) to permit the testing and development of Star Wars (the Strategic Defense Initiative or SDI) in... 1990  
Donald O. Mayer , Oakland University Deforestation and Global Warming: the Conflict Between State Responsibility and Sovereignty over Natural Resources 9 Midwest Law Review Rev. 4 (Fall, 1990) The potential warming of earth's atmosphere has become a subject of increasing International concern. While the causes are not entirely clear, a discernible global warming trend has already been detected: global climate records indicate an average temperature increase of one degree centigrade since 1900, and the five warmest years in this century... 1990  
Allan Jay Stevenson Forum non Conveniens and Equal Access under Friendship, Commerce, and Navigation Treaties: a Foreign Plaintiff's Rights 13 Hastings International and Comparative Law Review 267 (Winter, 1990) I. Introduction II. The Forum Non Conveniens Doctrine III. A Foreign Plaintiff's Rights To Access under Friendship, Commerce, and Navigation Treaties IV. United States Plaintiff's Rights To Access V. Other Friendship, Commerce, and Navigation Treaties VI. Conclusion This Article focuses on the doctrine of forum non conveniens and its application to... 1990  
Majid Khadduri Iraq's Claim to the Sovereignty of Kuwayt 23 New York University Journal of International Law & Politics Pol. 5 (Fall, 1990) The annexation of Kuwayt by Iraq on August 2, 1990 raised once again the long-standing issue as to whether Iraq's claim to the sovereignty of Kuwayt is valid under International Law. Iraqi president Saddam Husayn maintains that Iraq annexed Kuwayt because it was but a part of Basra (now a southern province of Iraq) under Ottoman rule, and the... 1990  
  Iv. Neonatal Treatment Decisions 103 Harvard Law Review 1584 (May, 1990) Treatment decisions for severely handicapped and premature newborns are among the most disturbing and divisive of the legal and ethical dilemmas posed by increasingly sophisticated medical technologies. Because the paradigm of the rational, autonomous patient cannot apply to the newborn infant, the American legal tradition provides no definitive... 1990  
J. Barton Goplerud Liability of Schools and Coaches: the Current Status of Sovereign Immunity and Assumption of the Risk 39 Drake Law Review 759 (1989/1990) I. Introduction II. Theories of Recovery A. Negligent Failure to Provide Proper Supervision B. Negligent Hiring of an Incompetent Coach C. Negligently Supplying Defective Athletic Equipment D. Negligent Care of an Injured Player E. Negligently Allowing an Injured Player to Compete III. Sovereign Immunity A. The General Rule B. Theory of Sovereignty... 1990  
Kevin M. McGinty Opening the Courts to Protect Interests Abroad: the Effect of the Foreign Sovereign Immunities Act on Litigation with Developing Countries 10 Boston College Third World Law Journal 63 (Winter, 1990) I. Introduction II. The Rejection of the Development Agenda As a Source of Law A. The Economic Background of the Development Agenda B. The Development Agenda and Its Features III. The Demise of Absolute Sovereign Immunity and the Expansion of United States Jurisdiction Over Foreign Sovereigns A. Foreign Sovereign Immunity Before the Nigerian Cement... 1990  
William W. Bell and David B. Shoemaker S Corps. Can Make Maximum Use of Tax Treaties, Foreign Tax Credits 1 Journal of International Taxation 197 (November/December, 1990) S Shareholders Can Use the Foreign Taxes Paid in One Foreign Country to Offset Their U.S. Taxes on Income Earned in a Second Foreign Country in Which No Foreign Taxes Were Paid. A mid much publicized concern about this country's trade deficit, little attention is given to the fact that the U.S. consistently posts a trade surplus in services. It is... 1990  
Richard E. Andersen Senate Hearings Focus on Policies Toward Developing Nations and Treaty Overrides 1 Journal of International Taxation 189 (September/October, 1990) On 6/14/90, the Committee on Foreign Relations of the U.S. Senate (Committee) held hearings (Hearings) on six bilateral income tax treaties signed by the U.S. since early 1989. The Hearings, which dealt with proposed treaties with the Federal Republic of Germany, Finland, India, Indonesia, Tunisia, and Spain, led to a voice-vote recommendation on... 1990  
Scott C. Whitney Should the National Environmental Policy Act Be Extended to Major Federal Decisions Significantly Affecting the Environment of Sovereign Foreign States and the Global Commons 1 Villanova Environmental Law Journal 431 (1990) I. Introduction II. NEPA Requires the Action of Federal Decision Makers Under NEPA to be Consistent with the Foreign Policy of the United States III. The United States Has Established a Comprehensive System to Regulate Environmental Impacts Occurring Outside the United States, its Territories and Possessions A. Executive Order 12,114 B. Bilateral... 1990  
Roger K. Harris Sovereign and Official Immunity Issues in Securities Litigation 27 Houston Law Review 147 (January, 1990) For state and local governments and their officials, exposure to liability for securities fraud has changed dramatically since the mid-1970s, when the City of New York declared a moratorium on payment of debt service on certain note obligations. At that time, government entities were exempt from federal securities laws. In the litigation that... 1990  
W. Michael Reisman Sovereignty and Human Rights in Contemporary International Law 84 American Journal of International Law 866 (October, 1990) anachronism . . . 1: an error in chronology; esp: a chronological misplacing of persons, events, objects or customs in regard to each other . . . 2: a person or a thing that is chronologically out of place; esp: one that belongs to a former age and is incongruous if found in the present . . . . Webster's Third International Dictionary Since... 1990  
David K. DeWolf State Action under the Religion Clauses: Neutral in Result or Neutral in Treatment? 24 University of Richmond Law Review 253 (Spring, 1990) I. Introduction II. The Disputed Definition of Neutrality A. The Ideal of Neutrality B. The Rise of Affirmative Action C. The Alternative of Nondiscrimination III. Sources of the No-Entanglement' Principle A. The Church Control Cases and Neutral Principles B. The Religious Belief' Cases C. The Excessive Entanglement' Prohibition IV.... 1990  
A. Dan Tarlock , Darcy Alan Frownfelter State Groundwater Sovereignty after Sporhase: the Case of the Hueco Bolson 43 Oklahoma Law Review 27 (Spring, 1990) When, if ever, must one state share an interstate aquifer with users in another state? Prior to 1982, all states thought the answer to that question was never.' Groundwater was presumed a subject of exclusive state control because it was the property of either the state or of the owner of the overlying land. Furthermore, the United States Supreme... 1990  
James E. Ellsworth Suing the Sovereign 3-DEC Utah Bar Journal B.J. 8 (December, 1990) In 1982, Congress dissolved the then existing United States Court of Claims and the Court of Customs and Patent Appeals and, from those courts, created the United States Claims Court and the United States Court of Appeals for the Federal Circuit. The Claims Court was created as an Article I court. Its charter provides for 16 judges to be appointed... 1990  
Lynne E. Noyes Superfund: a "Super" Abrogation of State Sovereign Immunity 55 Missouri Law Review 557 (Spring, 1990) In June of 1989 the United States Supreme Court held that the eleventh amendment of the United States Constitution does not bar a private citizen from seeking monetary damages in federal court from a state in an action arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its subsequent amendments. In... 1990  
Loretta Collins Argrett Tax Treatment of Higher Education Expenditures: an Unfair Investment Disincentive 41 Syracuse Law Review 621 (1990) President Bush has indicated that education must be one of our nation's highest priorities, and has focused on education as one of his main presidential initiatives. Unfortunately, he has not focused on how the present law is interpreted to prohibit the deduction of most expenditures of higher education. This prohibition causes investments in... 1990  
Mimi E. Gild Tax Treaty Shopping: Changes in the U.s. Approach to Limitation on Benefits Provisions in Developing Country Treaties 30 Virginia Journal of International Law 553 (Winter, 1990) The twentieth century has witnessed a rapid increase in international trade and investment activities so that today there is extensive integration in such areas as manufacturing, services, trade and investment. Since the 1950's, the volume of U.S. and foreign investments has increased rapidly. Business entities are increasingly entering into... 1990  
Thomas A. Coulter Testing the United States' Commitment to International Law: the Conflict Between Title Vii and Treaties of Friendship, Commerce, and Navigation 25 Wake Forest Law Review 287 (1990) Conflicts between treaties and statutes have presented problems for courts since the beginning of our government. One of the most hotly contested conflicts in recent years is that between title VII of the Civil Rights Act of 1964 and several treaties of Friendship, Commerce and Navigation [ hereinafter FCN treaties]. Because these treaties involve... 1990  
Timothy R. Rabel The Electronic Communications and Privacy Act: Discriminatory Treatment for Similar Technology, Cutting the Cord of Privacy 23 John Marshall Law Review 661 (Summer, 1990) It has often been noted that the development of electronic communications has brought the people of our Nation and the world closer together, and has served to create new business and personal relationships and to enhance old ones. With these benefits, unfortunately, the development of electronic communications has also provided unscrupulous... 1990  
Carolyn J. Brock The Foreign Sovereign Immunities Act: Defining a Role for the Executive 30 Virginia Journal of International Law 795 (Spring, 1990) The Foreign Sovereign Immunities Act of 1976 (FSIA or the Act) was intended to codify the restrictive theory of sovereign immunity as part of United States foreign relations law. Under the restrictive theory, foreign states may be subject to the jurisdiction of a United States court for actions arising out of the commercial undertakings of the... 1990  
Calvin R. Massey The Locus of Sovereignty: Judicial Review, Legislative Supremacy, and Federalism in the Constitutional Traditions of Canada and the United States 1990 Duke Law Journal 1229 (December, 1990) Introduction I. Calhoun's Concurrent Majority and the Expediency of Sovereignty Doctrine in Antebellum America A. The Alien and Sedition Acts B. The Hartford Convention and New England Secession C. Northern Response to the Fugitive Slave Act of 1850 D. Calhoun, Nullification, and the Concurrent Majority II. The Development of Canadian Federalism:... 1990  
Harold Hongju Koh The President Versus the Senate in Treaty Interpretation: What's All the Fuss About? 15 Yale Journal of International Law 331 (Summer, 1990) I would not be a law professor if I did not quibble with the title given this conference panel: The President Versus the Senate in Treaty Interpretation. Is the field of treaty interpretation truly witnessing a titanic, adversarial struggle of the President versus the Senate? To me, that description seems about as accurate as characterizing what... 1990  
Kimberly Sharron Dunn The Prize and the Price of Individual Agency: Another Perspective on Abortion and Liberal Government 1990 Duke Law Journal 81 (February, 1990) In the wake of the recent Supreme Court decision in Webster v. Reproductive Health Services, Americans likely face yet another prolonged political clash over the abortion issue. The dilemmas raised by unwanted pregnancies involve fundamental questions about the nature of American government and society, questions which the Supreme Court, state... 1990  
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