AuthorTitleCitationSummaryYearKey Terms
Thomas C. Jensen The United States-canada Pacific Salmon Interception Treaty: an Historical and Legal Overview 16 Environmental Law 363 (Spring, 1986) After several decades and a great deal of international and regional politicking, the United States and Canada in 1985 successfully completed negotiations on the Pacific Salmon Interception Treaty. The Treaty provides for the conservation and equitable sharing of Pacific Northwest, Canadian and Alaskan salmon stocks. The Treaty, almost scuttled by... 1986  
Ted Stevens United States-canada Salmon Treaty Negotiations: the Alaskan Perpective 16 Environmental Law 423 (Spring, 1986) The final ratification of the 1985 United States-Canada Pacific Salmon Treaty came as a result of Alaska's support for the Treaty. The initial Treaty, while tentatively approved, was opposed by Alaskan fishermen in general and Senator Stevens in particular. The Treaty as ultimately accepted by Canada and the United States provides for Alaska's... 1986  
Teresa Gillen A Proposed Model of the Sovereign/proprietary Distinction 133 University of Pennsylvania Law Review 661 (March, 1985) The United States Supreme Court has suggested that governments that act as sovereigns' are or should be subject to different constitutional standards than governments that act as proprietors. This sovereign/proprietary distinction has befuddled some commentators and has been criticized by others; few authorities off the Court have embraced it,... 1985  
Steve Tomashefsky Antipsychotic Drugs and Fitness to Stand Trial: the Right of Unfit Accused to Refuse Treatment 52 University of Chicago Law Review 773 (Summer, 1985) Due process prohibits the trial of a criminal defendant who, due to mental illness, is unfit to stand trial. To be fit, a defendant must have sufficient present ability to consult with his lawyer with a reasonable degree of rational understandingand . . . a rational as well as factual understanding of the proceedings against him.DD... 1985  
Gary W. Larson Default on Foreign Sovereign Debt. A Question for the Courts? 18 Indiana Law Review 959 (1985) In the 1980's foreign sovereign debt has emerged as a major international crisis. Never before has sovereign debt owed to commercial banks risen to such a precarious level. The current inability of a number of foreign sovereign debtors to service adequately their debt obligations threatens the stability of both the international monetary system and... 1985  
Marian Nash Leich Fisheries 79 American Journal of International Law 432 (April, 1985) Representatives of the United States and the Canadian Governments on January 28, 1985 signed at Ottawa a Treaty Concerning Pacific Salmon, with annexes and Memorandum of Understanding, that concluded negotiations of nearly 15 years' duration. The purpose of the Treaty is to establish a framework for long-term bilateral cooperation in the Pacific... 1985  
Sanford Levinson Regulating Campaign Activity: the New Road to Contradiction? 83 Michigan Law Review 939 (February, 1985) Few contemporary political issues pose more theoretical difficulties than that of the role of money in electoral politics. To what degree should individuals be free to spend their unequal resources within the political marketplace by, for example, running for office, supporting the candidacies of others, or simply communicating their views on... 1985  
R. Hannah Garrett-Johnson Sovereign Immunity of States Involved in Maritime Torts: the Fourth Circuit Falls in Line-faust v. South Carolina State Highway Department 10 Maritime Lawyer 128 (Spring, 1985) On the night of December 11, 1977, Charles Lonnie Faust and two companions were proceeding down the Atlantic Introacoastal Waterway at fifteen to twenty-five miles per hour in Faust's eighteen-foot pleasure craft, when the motorboat collided with a steel cable used to guide a ferry across a canal of the Intracoastal Waterway. Faust was killed and... 1985  
Lea Brilmayer , Ronald D. Lee State Sovereignty and the Two Faces of Federalism: a Comparative Study of Federal Jurisdiction and the Conflict of Laws 60 Notre Dame Law Review 833 (1985) The Burger Court continues to remind us that our federal system is alive and well. The states are not political anachronisms which merely impede the progressive nationalization of the court system and the law. State territorial boundaries reflect truly sovereign borders, not just convenient administrative divisions. Admittedly, federal law governs... 1985  
George D. Brown State Sovereignty under the Burger Court-how the Eleventh Amendment Survived the Death of the Tenth: Some Broader Implications of Atascadero State Hospital v. Scanlon 74 Georgetown Law Journal 363 (December, 1985) The tenth amendment is dead! Long live the eleventh! So might run a summary of the status of state sovereignty doctrine after the Supreme Court's 1984 term. The decision in Garcia v. San Antonio Metropolitan Transit Authority has attracted wide attention. Garcia not only directly overruled National League of Cities v. Usery but also appeared to... 1985  
Richard S. Myers The Burger Court and the Commerce Clause: an Evaluation of the Role of State Sovereignty 60 Notre Dame Law Review 1056 (1985) The Supreme Court has long played an important role in defining the relationship between the federal and state governments. In particular, the Court's commerce clause decisions have had a significant effect on the continuing debate about the appropriate distribution of governmental power. The Court's decisions have, in addition, frequently sparked... 1985  
Francis W. Foote The Caribbean Basin Initiative: Development, Implementation and Application of the Rules of Origin and Related Aspects of Duty-free Treatment 19 George Washington Journal of International Law and Economics 245 (1985) I. Introduction. 247 II. Development of the CBI. 249 A. Administration Action. 249 1. General Approach. 249 2. Presidential Authority. 251 3. Rules of Origin. 251 4. Safeguard Mechanism. 253 5. Special Provisions Regarding Sugar. 256 6. Benefits to Puerto Rico and the U.S. Virgin Islands Under the CBI. 260 a. Treatment of Rum. 261 b. Rules of... 1985  
Monroe Leigh Treaty Interpretation - Friendship, Commerce and Navigation Treaties - Relation of Employment Discrimination Laws to Treaty Provision Allowing National Hiring Preference 79 American Journal of International Law 740 (July, 1985) Appellant, a United States citizen, sought review of a district court's ruling that his employment discrimination suit against an airline owned by the Greek Government was barred as a matter of law by the provisions of the 1951 Treaty of Friendship, Commerce and Navigation (FCN Treaty) between Greece and the United States. The U.S. Court of Appeals... 1985  
Mark Fowler Appointing an Agent to Make Medical Treatment Choices 84 Columbia Law Review 985 (May, 1984) Many seriously ill hospital patients are incapable of making health care decisions on their own behalf because such factors as trauma, disease, pain, medication or old age interfere, at least temporarily, with their ability to approve or disapprove a course of treatment. The question then arises: who is legally authorized to speak for a patient... 1984  
Leo Gross, Alfred P. Rubin, The Fletcher School of Law and Diplomacy China's Boundary Treaties and Frontier Disputes. By Luke T. Chang. London, Rome, New York: Oceana Publications, Inc., 1982. Pp. Xii, 443. Index. $45. 78 American Journal of International Law 544 (April, 1984) It is sometimes difficult for a scholar to know how far to take account of the analyses of primary sources by other scholars. Dr. Chang's decision to skimp a bit on secondary analyses while examining afresh the major primary sources dealing with the delimitation of China's frontiers in Central Asia (the book does not address the current frontier... 1984  
Sharon Elizabeth Rush Domestic Relations Law: Federal Jurisdiction and State Sovereignty in Perspective 60 Notre Dame Law Review Rev. 1 (1984) The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States, and not to the laws of the United States. Commonly known as the domestic relations exception, the United States Supreme Court's broad disclaimer of federal power over family law matters symbolizes the inherent division of power... 1984  
Betsy R. Birns Sovereign Immunity: Extension of the Age Discrimination in Employment Act to Foreign Instrumentalities-gazder v. Air India & Hari M. Karl, 33 F.e.p. 427 (1983). 25 Harvard International Law Journal 500 (Spring, 1984) On November 10, 1983, the United States District Court for the Southern District of New York held that Air Indiaan instrumentality of the government of Indiais subject to the provisions of the Age Discrimination in Employment Act. In so doing, the court reinforced the application of the restrictive doctrine of sovereign immunity to... 1984  
Richard P. Barrett Sovereign Immunity--the Government Contractor Defense: Preserving the Government's Discretionary Design Decisions--mckay v. Rockwell International Corp., 70 4 F.2d 444 (9th Cir. 1983), Cert. Denied, 104 S. Ct. 711 (1984). 57 Temple Law Quarterly 697 (Fall, 1984) In McKay v. Rockwell International Corp., the United States Court of Appeals for the Ninth Circuit considered whether the government contractor defense applied in a strict liability action, and concluded that only under limited circumstances could a manufacturer of military equipment be held liable for injuries to military personnel caused by... 1984  
Shari Lynne Kahn The Right to Adequate Treatment Versus the Right to Refuse Antipsychotic Drug Treatment: a Solution to the Dilemma of the Involuntarily Committed Psychiatric Patient 33 Emory Law Journal 441 (Spring, 1984) Although the rights of the mentally ill have gained increased recognition in the fields of law and psychiatry, this area of the law remains confused and unsettled. Two rights in particularthe right to adequate treatment and the right to refuse treatmentare considered fundamental rights of the involuntarily committed psychiatric patient requiring... 1984  
Joel Feinberg Autonomy, Sovereignty, and Privacy: Moral Ideals in the Constitution? 58 Notre Dame Law Review 445 (1983) Seventy-five years after Lochner v. New York most of us are prepared to cheer Holmes' famous quip that the Constitution does not enact Herbert Spencer's Social Statics. But does the Constitution stay neutral with respect to all conflicting social philosophies? Until recently, the direction of United States Supreme Court decisions encouraged many... 1983  
Paul G. Cassell Establishing Violations of International Law: "Yellow Rain" and the Treaties Regulating Chemical and Biological Warfare 35 Stanford Law Review 259 (January, 1983) Since World War I, a war in which chemical weapons injured more than one million people and killed almost one hundred thousand, the international community has sought to prevent chemical and biological warfare. After the war, most nations signed the 1925 Geneva Protocol, which prohibits the use of poisonous gases and bacteriological methods of war.... 1983  
Mary Caroline Parker 'Other Treaties': the Inter-american Court of Human Rights Defines its Advisory Jurisdiction 33 American University Law Review 211 (Fall, 1983) The level of abuses of individuals' basic human rights in the American states is shocking. Arbitrary arrests, disappearances', torture, and extrajudicial killings are commonplace in more than one of the region's countries, and some governments appear to consider violations of the human rights of dissident groups and individuals politically and... 1983  
Lisa Helling , Reporter Restructuring Sovereign Debt-will There Be New International Law and Institutions? 77 American Society of International Law Proceedings 312 (April 14-16, 1983) The panel was convened by the Chairman, Charles N. Brower, at 2:00 p.m., Friday, April 15, 1983. 1983  
Howard Tolley, Jr. The Domestic Applicability of International Treaties in the United States 17 Revista Juridica Universidad Interamericana de Puerto Rico 403 (Mayo-Agosto, 1983) Following over a century of precedent, United States courts refuse to enforce the provisions of treaties which conflict with later Congressional actis. Case law and commentary uniformly support the last-in-time doctrine virtually without exception. The most recent Restatement of the Foreign Relations Law summarizes well established principles: An... 1983  
John J. Gibbons The Eleventh Amendment and State Sovereign Immunity: a Reinterpretation 83 Columbia Law Review 1889 (December, 1983) Introduction 1890 I. The Historical Background 1895 A. State Sovereign Immunity: The Original Understanding 1895 B. The Constitutional Debates: Sovereign Immunity and the Peace Treaty 1899 1. The Treaty of 1783 1899 2. The Debates 1902 a. Pennsylvania 1902 b. Virginia 1903 c. New York 1908 d. North Carolina 1912 C. Enforcing the Peace Treaty... 1983  
Michael J. Glennon The Senate Role in Treaty Ratification 77 American Journal of International Law 257 (April, 1983) Others, though content that treaties should be made in the mode proposed, are averse to their being the supreme law of the land. They insist, and profess to believe, that treaties like acts of assembly, should be repealable at pleasure. This idea seems to be new and peculiar to this country, but new errors, as well as new truths, often appear.... 1983  
Ruth Lapidoth The Strait of Tiran, the Gulf of Aqaba, and the 1979 Treaty of Peace Between Egypt and Israel 77 American Journal of International Law 84 (January, 1983) The July 1982 issue of this Journal (pp. 532-54) published an article written by Professor Mohamed ElBaradei, The Egyptian-Israeli Peace Treaty and Access to the Gulf of Aqaba: A New Legal Regime, in which he gives a contextual interpretation and evaluation of the regime laid down by Article V(2) of the Treaty of Peace. Article V(2) reads: The... 1983  
Harold S. Lewis, Jr. The Three Deaths of "State Sovereignty"' and the Curse of Abstraction in the Jurisprudence of Personal Jurisdiction 58 Notre Dame Law Review 699 (1983) Few fields of legal thought have been as plagued by a penchant for abstraction as has personal jurisdiction. Even as today's Supreme Court mocks the metaphysics of an earlier era, its own state-court jurisdiction decisions remain infected by notions equally as vague, and counterproductive and unworkable as well. One example is the Court's concept... 1983  
John Bruce Lewis , Bruce L. Ottley Title Vii and Friendship, Commerce, and Navigation Treaties: Prognostications Based upon Sumitomo Shoji 44 Ohio State Law Journal 45 (1983) Since 1778 bilateral friendship, commerce, and navigation (FCN) treaties have formed the legal framework for the conduct of commercial transactions by citizens of the United States abroad and by foreign citizens in the United States. Although the more than 130 FCN treaties to which the United States is a party differ in name, scope, and form, their... 1983  
Michael F. Glennon Treaty Process Reform: Saving Constitutionalism Without Destroying Diplomacy 52 University of Cincinnati Law Review 84 (1983) Agreements between sovereign nations are a commonplace in international relations; as the world has become increasingly complex, it has become increasingly important that those agreements provide stable mutual expectations between and among nations. One of the signal developments of recent years in international law to assure such stability has... 1983  
David Frohnmayer A New Look at Federalism: the Theory and Implications of 'Dual Sovereignty' 12 Environmental Law 903 (Summer, 1982) The federal principle is one of the enduring centerpieces of American constitutional and political history. This Article briefly examines five components of the contemporary debate over the meaning and applicability of that principle. The first component attempts to address a recurring question: what place does federalism occupy in our... 1982  
Edward L. Rubin Generalizing the Trial Model of Procedural Due Process: a New Basis for the Right to Treatment 17 Harvard Civil Rights-Civil Liberties Law Review 61 (Spring, 1982) During the two decades of its existence, the right to treatment has been, to a large extent, a right in search of a rationale. The concept that an individual who has been involuntarily committed to a mental hospital has a right to receive treatment appeals to the judiciary's underlying sense of fairness. Certainly, the fact situations from which... 1982  
John R. D'angelo Reconciling Federalism and Individual Rights: the Burger Court's Treatment of the Eleventh and Fourteenth Amendments 68 Virginia Law Review 865 (April, 1982) The eleventh amendment to the Constitution of the United States prohibits citizens from suing states in federal court. Although this principle of sovereign immunity may appear to be an antidemocratic anachronism, recent decisions of the United States Supreme Court indicate that the amendment retains some vitality. These decisions provide useful... 1982  
Jeremy Travis Rethinking Sovereign Immunity after Bivens 57 New York University Law Review 597 (June, 1982) In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the Supreme Court held that a federal agent who had violated the command of the fourth amendment could be held liable in damages despite the absence of a federal statute authorizing such a remedy. The understated, almost casual tone of the opinion belies the Court's bold and... 1982  
Mohamed ElBaradei The Egyptian-israeli Peace Treaty and Access to the Gulf of Aqaba: a New Legal Regime 76 American Journal of International Law 532 (July, 1982) The Gulf of Aqaba is a long, narrow body of water on the eastern side of the Sinai Peninsula. The western shore is Egyptian, the eastern shore is Saudi Arabian, and the head of the Gulf is Israeli and Jordanian territory. The islands of Tiran and Sanafir front the entrance and have been under Egyptian occupation since 1950. Saudi Arabia, however,... 1982  
Raphael J. Rabalais The Influence of Spanish Laws and Treatises on the Jurisprudence of Louisiana: 1762-1828 42 Louisiana Law Review 1485 (1982) In recent years there has been a rebirth of interest in the civilian influences on the development of law in Louisiana. While a number of scholarly articles have discussed the French sources of the Louisiana Civil Codes of 1808 and 1825, there have been relatively few comprehensive attempts to assess Spain's influence on Louisiana jurisprudence.... 1982  
H. Burmester The Torres Strait Treaty: Ocean Boundary Delimitation by Agreement 76 American Journal of International Law 321 (April, 1982) The delimitation of maritime boundaries is one of the major areas of ocean law where disputes between countries occur with frequency and where the development of governing principles of law remains difficult. At the Law of the Sea Conference, delimitation of the continental shelf and economic zones between states with opposite or adjacent coasts... 1982  
Daniel L. Harris Western Coal Severance Taxes and Congress: a Question of State Sovereignty 61 Oregon Law Review 589 (1982) It has been over a century since Colonel George A. Custer marched his seventh cavalry into the heart of the Northern Great Plains to wrest land from the Sioux. While that great western conflict has long since been quieted, another battle is being waged today concerning the same land. This time, though, the conflict involves the right to control the... 1982  
John M. Rogers Applying the International Law of Sovereign Immunity to the States of the Union 1981 Duke Law Journal 449 (June, 1981) A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated,... 1981  
Larry A. Klein , Brad A. Chalker Developments in Florida's Doctrine of Sovereign Immunity 35 University of Miami Law Review 999 (September, 1981) Since Florida waived its governmental immunity in tort actions by enacting section 768.28 of the Florida Statutes, there has been much controversy over the extent of this waiver. The decision of the Supreme Court of Florida in 1979 in Commercial Carrier Corp. v. Indian River County developed a fourpronged test for determining when a governmental... 1981  
  Redefining the National League of Cities State Sovereignty Doctrine 129 University of Pennsylvania Law Review 1460 (June, 1981) A principal purpose for the creation of our system of constitutional federalism was to vest in a national government the authority to regulate commerce among the states and thereby to avoid the inconsistent pattern of regulation imposed by competing states under the Articles of Confederation. For this reason, the Constitution gives Congress the... 1981  
  Resolving Treaty Termination Disputes 129 University of Pennsylvania Law Review 1189 (May, 1981) In December 1978, President Carter announced that the United States intended to terminate unilaterally the Mutual Defense Treaty between the Republic of China (Taiwan) and the United States. The treaty committed both nations to the further development of defensive capabilities and to responding, in accordance with their respective constitutional... 1981  
David W. Burgett Substantive Due Process Limits on the Duration of Civil Commitment for the Treatment of Mental Illness 16 Harvard Civil Rights-Civil Liberties Law Review 205 (Summer, 1981) In the past decade many legal protections have been developed for citizens faced with commitment to mental health institutions. Many of the developments concern procedural and quasi-procedural matters, including the right to a judicial hearing, the right to counsel, and the required level of proof. Litigation involving substantive rights has most... 1981  
Miguel Angel Méndez Presumptions of Discriminatory Motive in Title Vii Disparate Treatment Cases 32 Stanford Law Review 1129 (July, 1980) In adjudicating employment discrimination cases under Title VII of the Civil Rights Act of 1964, the United States Supreme Court has dealt repeatedly with the proper allocation of the burden of proof between parties. The Court has paid particular attention to the burden of proof in disparate treatment casescases in which plaintiffs claim that... 1980  
William M. Speiller The Favored Tax Treatment of Purchasers of Art 80 Columbia Law Review 214 (March, 1980) I. Valuation Benefits . 216 A. The Charitable Deduction. 216 1. A Description of the Benefit. 216 2. The Magnitude of the Problem. 226 a. The Difficulty of Valuing Works of Art. 227 b. The Cooperation of the Appraisers and Donees. 229 c. The Inability of the Service to Police. 234 (1) Inadequacy of Audit. 234 (2) Lack of In-House Expertise. 234 (3)... 1980  
Jonathan B. Schwartz Commercial Treaties and the American Civil Rights Laws: the Case of Japanese Employers 31 Stanford Law Review 947 (May, 1979) Two cases currently in federal district court pose an entirely novel question for American civil rights law. The plaintiffs in both cases allege that Japanese-owned companies doing business in the United States have violated the American civil rights laws by discriminating impermissibly in choosing their managerial staff to work in the United... 1979  
Lewis B. Kaden Politics, Money, and State Sovereignty: the Judicial Role 79 Columbia Law Review 847 (June, 1979) From 1936 to 1976 Congress determined the allocation of governmental power in the federal system virtually without judicial interference. The vast array of domestic programs initiated during this period signaled an expanding national attempt to promote social and economic activity, protect public health and welfare, redistribute resources, and... 1979  
Charles H. Dearborn, III The Domestic Legal Effect of Declarations That Treaty Provisions Are Not Self-executing 57 Texas Law Review 233 (January, 1979) On February 23, 1978, President Carter transmitted four human rights treaties to the Senate for its advice and consent. The President also recommended a number of reservations, understandings, and declarations, ostensibly designed to conform the treaties to United States law and thereby avoid constitutional or other legal obstacles to .... 1979  
David F. Levi The Equal Treatment of Aliens: Preemption or Equal Protection? 31 Stanford Law Review 1069 (July, 1979) In 1971 the Supreme Court in Graham v. Richardson declared that state restrictions on resident aliens were suspect under the equal protection clause and would be subject to strict judicial scrutiny. As a discrete and insular minority, aliens were entitled to heightened judicial solicitude. In the years following Graham, the Supreme Court and... 1979  
George Cameron Coggins , Sebastian T. Patti The Resurrection and Expansion of the Migratory Bird Treaty Act 50 University of Colorado Law Review 165 (Winter, 1979) Considerable legal attention has been focused recently upon developments under new and innovative federal wildlife statutes. But equally significant developments concerning the legal protection accorded migratory birds under the relatively ancient Migratory Bird Treaty Act have gone virtually unnoticed by legal writers. Because of the unique nature... 1979  
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