AuthorTitleCitationSummaryYearKey Terms
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  
Janice Brandt Indian Sovereignty--beyond the "Well-pleaded Complaint Rule" 15 Thurgood Marshall Law Review 169 (Fall 1989-Spring, 1990) The State of Oklahoma (State) brought a cause of action against the Chickasaw Nation (Nation) and its agent Jan Graham to recover excise taxes on bingo games and from the sales of cigarettes on the Nation's property. This case raises important issues of federal jurisdiction and the doctrine of Indian sovereignty. There are two provisions which set... 1990 Yes
F. Henry Ellis, III Indian Tribal Sovereignty and the Tribal Courts: the Myth and the Reality 13 Suffolk Transnational Law Journal 714 (Spring, 1990) The United States and the Native American Indian tribes have a unique relationship; the Indian tribes represent politically autonomous populations who possess their own sovereignty, and yet they reside within the borders of the United States. The independent status of the Indians has been recognized by the United States Constitution and was... 1990 Yes
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  
Detlev F. Vagts, John King Gamble, Jr., Pennsylvania State University Reservations and Interpretative Declarations to Multilateral Treaties. By Frank Horn. Amsterdam, New York, Oxford, Tokyo: North-holland, 1988. Pp. Xxix, 514. Index. DisTributed by Elsevier Science Publishing Company 84 American Journal of International Law 297 (January, 1990) This is a very ambitious book addressing a topic of growing importance. Dr. Horn's goal is to approach the question of reservations, describing how the phenomenon of reservations has developed into a problem of international law which has resulted in the need to elaborate a satisfactory regulation of the subject-matter (p. 2). The work is... 1990 Yes
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  
Thomas A. Cinti The Regulator's Dilemma: Should Best Available Technology or Cost Benefit Analysis Be Used to Determine the Applicable Hazardous Waste Treatment, Storage, and Disposal Technology? 16 Rutgers Computer and Technology Law Journal 145 (1990) A. Best Available Technology B. Cost Benefit Analysis C. The Great Debate D. Value of Information Theory The Resource Conservation and Recovery Act (RCRA) requires the Environmental Protection Agency (EPA) to promulgate regulations detailing performance standards for hazardous waste treatment, storage, and disposal facilities (TSDFs). These... 1990  
Kenneth C. Randall The Treaty Power 51 Ohio State Law Journal 1089 (1990) The Constitution says precious little about treaties. In article II, the treaty clause simply gives the President the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. In addition, article III extends the judicial Power . . . to all Cases, in Law and Equity, arising... 1990  
Andrew M. Wolfenson The U.s. Courts and the Treatment of Suspects Abducted Abroad under International Law 13 Fordham International Law Journal 705 (1989/1990) The continued development of successful international relations among states depends upon each state respecting fundamental human rights. Countries, however, have pushed aside this ideal by engaging in extraordinary apprehensions that involve infringements upon individual rights. Individuals often allege that they were mistreated or tortured when... 1990  
Scott P. Boylan United States-poland Economic Treaty: a Blueprint for Intellectual Property Reform in Eastern Europe and the Developing World? 6 Florida Journal of International Law 101 (Fall, 1990) I. L2-3,T3Introduction 101. II. L2-3,T3Intellectual Property Protection in International Trade 102. III. L2-3,T3Recent Developments in Poland 105. IV. L2-3,T3United States-Poland Economic Treaty 107. A. Other East European Countries Have Not Been as Enthusiastic as Poland in the Revision of their Intellectual Property Laws. 111 B. Poland's... 1990  
Joseph E. Broadus Use of the "Choice of Evils" Defense in Religious Deprogramming Cases Offends Free Exercise While Ignoring the Right to Be Free from Compelled Treatment 1 George Mason University Civil Rights Law Journal 171 (Winter, 1990) At the dawn of our century, Justice Oliver Wendell Holmes, in his first dissenting opinion as a member of the Court wrote of the pernicious effects of popular passions upon the structure of the law: Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future,... 1990  
  Vi. The Right to Refuse Medical Treatment 103 Harvard Law Review 1643 (May, 1990) Before the development of modern medical techniques, the diagnosis of a serious illness usually meant nearly certain and swift death, with little medical intervention beyond palliative care. Because modern medical technology can now cure the communicable diseases that caused most deaths early in this century, a larger percentage of deaths now... 1990  
Niall A. Paul Wards Cove Packing Co. v. Antonio: the Supreme Court's Disparate Treatment of the Disparate Impact Doctrine 8 Hofstra Labor Law Journal 127 (Fall, 1990) In 1971 with its decision in Griggs v. Duke Power Co., the Supreme Court held that Title VII of the Civil Rights Act of 1964 forbids any seemingly neutral employment practice from denying employment opportunity to minorities and women unless such practice was instituted because of a business necessity. In 1988, with its decision in Watson v. Fort... 1990  
Kenneth D. Nelson Wisconsin, Walleye, and the Supreme Law of the Land: an Overview of the Chippewa Indian Treaty Rights in Northern Wisconsin 11 Hamline Journal of Public Law and Policy 381 (Fall, 1990) Treaties are a part of the supreme law of the land. This comment discusses rights reserved by the Chippewa Indians in treaties made with the United States government during the 19th century and the current controversy surrounding those rights. Specifically, this comment focuses on the hunting, fishing, and gathering rights reserved in the treaties... 1990 Yes
John W. Whitehead Accommodation and Equal Treatment of Religion: Federal Funding of Religiously-affiliated Child Care Facilities 26 Harvard Journal on Legislation 573 (Summer, 1989) Our Laws have applied the only antidote to intolerance, protecting all on an equal footing. Thomas Jefferson Nearly one-third of all child day care facilities operated in the U.S. are sponsored or run by religiously-affiliated organizations. Given the prohibitions of the establishment clause of the first amendment, may these centers receive direct... 1989  
Mark D. Pethke Act of State-a Bribery Exception to the Act of State Doctrine? Act of State Doctrine Bars Judicial Inquiry into the Validity of a Foreign Sovereign's Acts, but Not into the Motivations Behind the Acts. W.s. Kirkpatrick, Inc. v. Environmental Tectonics, 11 22 Vanderbilt Journal of Transnational Law 1231 (1989) In W.S. Kirkpatrick, Inc. v. Environmental Tectonics, the United States Supreme Court addressed whether the act of state doctrine bars a United States court from adjudicating a cause of action that challenges the motivation behind a foreign sovereign-s action, but not the validity of the action itself. Environmental Tectonics, a Pennsylvania... 1989  
Detlev Vagts, Christopher C. Joyner, George Washington University Antarctic Mineral Exploitation: the Emerging Legal Framework. By Francisco Orrego Vicuna. Cambridge and New York: Cambridge University Press, 1988. Pp. Xv, 615. Index. $89.50 83 American Journal of International Law 605 (July, 1989) National activities and international interest in Antarctica heightened dramatically during the 1980s. Coordination of planning among governments has become increasingly necessary not only for making sound management decisions in the region, but also for conserving Antarctica's environmental integrity. This response to pressing circumpolar concerns... 1989  
Lawrence Zelenak Are Rifle Shot Transition Rules and Other Ad Hoc Tax Legislation Constitutional? 44 Tax Law Review 563 (Summer, 1989) I. Introduction II. Ad Hoc Tax Provisions: A Primer III. The Constitutional Challenges A. Equal Protection B. The Tax Uniformity Clause IV. The Choice of Remedy A. Extension or Elimination of Favorable Treatment B. A More Drastic Remedy: Total Invalidation V. Possible Bars to Consideration of the Merits A. The Anti-Injunction Act B. Standing 1.... 1989  
John W. Whitehead Avoiding Religious Apartheid: Affording Equal Treatment for Student-initiated Religious Expression in Public Schools 16 Pepperdine Law Review 229 (January, 1989) Several years ago, a few students at a public high school organized a group called Students for Voluntary Prayer. The group sought permission from the school's principal to conduct communal prayer meetings in a classroom before the start of each school day. The students made it clear that they were not seeking supervision or faculty involvement,... 1989  
Robert P. Mosteller Child Sexual Abuse and Statements for the Purpose of Medical Diagnosis or Treatment 67 North Carolina Law Review 257 (January, 1989) Two distinct rationales ensure the trustworthiness of hearsay evidence admitted under Federal Rule of Evidence 803(4), which excepts statements for the purpose of medical diagnosis or treatment. First, a patient has a selfish interest in providing truthful information in order to obtain treatment. Second, a statement is reliable if a medical expert... 1989  
Mike Townsend Congressional Abrogation of Indian Treaties: Reevaluation and Reform 98 Yale Law Journal 793 (February, 1989) We look at the moral or spiritual side of a treaty. . . . Treaties mean words that nobody can get around, get over, get under. Richard Real Bird, Chairman, Crow Tribe It is long settled that the provisions of an act of Congress, passed in the exercise of its constitutional authority, . . . if clear and explicit, must be upheld by the courts, even... 1989 Yes
Louis Fisher Congressional Participation in the Treaty Process 137 University of Pennsylvania Law Review 1511 (May, 1989) The treaty power in the United States Constitution is both explicit and inexplicable. The bare outlines of this power are readily available. Article II, section 2, empowers the President, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur . . .. Article I, section 10, prohibits... 1989  
David A. Koplow Constitutional Bait and Switch: Executive Reinterpretation of Arms Control Treaties 137 University of Pennsylvania Law Review 1353 (May, 1989) C1-3TABLE OF CONTENTS INTRODUCTION. 1355 I. FACTUAL BACKGROUND: FOUR CASE STUDIES OF ARMS CONTROL TREATIES. 1358 A. The Geneva Protocol on Chemical Warfare. 1359 B. The SALT I Interim Agreement on Strategic Offensive Arms. 1362 C. The ABM Treaty. 1366 1. Substance of the Reinterpretation Issue. 1370 2. Process of the Reinterpretation Issue. 1373 D.... 1989  
Scott Leary Constitutional Law--sovereign Immunity--under the Commerce Power, Congress Can Revoke State Sovereign Immunity Through Environmental Legislation 59 Mississippi Law Journal 771 (Winter, 1989) The petitioner state appealed from a ruling that permitted a damage suit against it which arose from the cost to clean up the respondent's polluted property. Although the state contributed to the pollution of the property, the respondent's predecessors primarily contaminated the real estate. The state denied liability to the respondent, arguing... 1989  
Deborah Cook Waller Death of a Treaty: the Decline and Fall of the Antarctic Minerals Convention 22 Vanderbilt Journal of Transnational Law 631 (1989) On June 2, 1988, in Wellington, New Zealand, thirty-three states signed the Convention on the Regulation of Antarctic Mineral Resources. This agreement, the product of six years of negotiation, fills a significant gap in the Antarctic Treaty System: it provides rules governing the prospecting, exploration, and development of minerals in Antarctica.... 1989  
Susan Pringle Dellmuth v. Muth: Congressional Abrogation of State Sovereign Immunity and the Education for All Handicapped Children Act 57 Fordham Law Review 877 (April, 1989) In Dellmuth v. Muth, the Supreme Court held that the text of the Education for All Handicapped Children Act (EAHCA) did not display unmistakable congressional intent to abrogate state sovereign immunity. The Court created a bar to parental suits brought in federal courts against state educational agencies for violating the right of handicapped... 1989  
Judith Resnik Dependent Sovereigns: Indian Tribes, States, and the Federal Courts 56 University of Chicago Law Review 671 (Spring, 1989) Introduction I. Creating the Boundaries of Jurisprudential Thought About the Federal Courts A. A Course of Study B. Premises of the Law of Federal Courts II. The Indian Tribes' Relationship to the United States III. Reasons to Give Voice A. The Interdependencies of Norms 1. Sovereignty and Membership 2. New and Old Customs 3. Codification of... 1989 Yes
William V. Dunlap Dual Criminality in Penal Transfer Treaties 29 Virginia Journal of International Law 813 (Summer, 1989) As cooperation among States in matters of criminal law enforcement has increased dramatically over the past three decades, an unexpected and hopeful development has been in the area of international penal transfer. Two decades ago there were few international agreements in this area, and the one significant multilateral effort had enjoyed little... 1989  
Michael J. Dinga Extradition of Rico Defendants to the United States under Recent U.s. Extradition Treaties 7 Boston University International Law Journal 329 (Fall, 1989) The Racketeer Influenced and Corrupt Organizations Act (RICO) provides U.S. prosecutors with a powerful tool for combatting organized and white collar crime. While federal law enforcement officials have had some success in curtailing domestic criminal activity, the amount of organized and white collar crime directed at the United States from abroad... 1989  
  Federalism-abrogation of State Sovereign Immunity in Federal Courts 103 Harvard Law Review 207 (November, 1989) For the last two hundred years, the Supreme Court has unsuccessfu lly struggled to establish a state sovereign immunity doctrine that comports with both the eleventh amendment and other provisions of the Constitution. Last Term, in Pennsylvania v. Union Gas Co., the Court affirmed Congress' power under the commerce clause to abrogate a state's... 1989  
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