AuthorTitleCitationSummaryYearKey Terms
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  
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
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
Curtis Berkey Indian Nations under Legal Assault 16-WTR Human Rights 18 (Winter 1989) During the last ten years, the sovereign authority of American Indian governments has come under legal attack. On many reservations, non-Indians comprise a large part of the population, and Indian governments naturally assert authority over them as part of the inherent and historic power of territorial self-government. Non-Indians are increasingly... 1989 Yes
Carl Ullman New Players in the Public Borrowing Game: Tax and Sovereignty Considerations as Freely Associated States and Indian Tribes Approach Wall Street 11 University of Hawaii Law Review 111 (Fall, 1989) In recent years public borrowing in the United States has grown dramatically as authorities at all levels find themselves in greater need of significant capital accumulations in order to meet the needs of constituencies that have been either assigned to them or secured to them by the electoral process. This fiscal activity, encouraged by favorable... 1989 Yes
Frank R. Pommersheim The Crucible of Sovereignty: Analyzing Issues of Tribal Jurisdiction 31 Arizona Law Review 329 (April, 1989) Tribal courts are of growing significance and importance throughout Indian country. This is especially true in light of the recent United States Supreme Court decisions in National Farmers Union Insurance Cos. v. Crow Tribe of Indians and Iowa Mutual Insurance Co. v. LaPlante, which hold that tribal courts are the primary forums for adjudicating... 1989 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  
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  
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  
Gregory S. Lane Friendship, Commerce, and Navigation Treaties: an Analysis of the Foreign Corporation's Exemption from United States Labor Standards 16 Pepperdine Law Review 383 (January, 1989) Friendship, Commerce, and Navigation (FCN) treaties, like other treaties, create unique and difficult problems for the courts when attempting to reconcile their provisions with conflicting federal legislation. When signed by the President of the United States, an FCN treaty becomes part of the domestic law of this country without the necessity of... 1989  
Sandra H. Johnson From Medicalization to Legalization to Politicization: O'connor, Cruzan, and Refusal of Treatment in the 1990s 21 Connecticut Law Review 685 (Spring, 1989) As police and stunned hospital officials looked on helplessly, a distraught gunman unplugged the life-support equipment attached to his comatose infant son Wednesday, then cradled the baby until he died . . . . [The father] handed the [[[child's] lifeless body . . . to a nurse, put down the [loaded] gun, . . . and collapsed into tears . . . . The... 1989  
John E. Eichhorst, Ronald C. McCallum Garcia and Judicially-imposed Constitutional Protections of State Sovereignty: the Australian Experience 4 Florida International Law Journal 465 (Summer, 1989) I. Introduction. 465 II. Constitutional Protections of State Sovereignty in Late Nineteenth Century U.S. Supreme Court Jurisprudence. 467 III. Intergovernmental Immunities, Reserved Powers, and the Australian Constitution. 472 IV. Australia's Retreat from Implied Constitutional Protections of State Sovereignty. 484 V. The Australian High Court and... 1989  
Roberta Rosenthal Kwall Governmental Use of Copyrighted Property: the Sovereign's Prerogative 67 Texas Law Review 685 (March, 1989) I. Introduction. 686 II. The Compensated Use Paradigm: The Exercise of Eminent Domain Over Copyrighted Property. 692 A. Copyrighted Property and the Exercise of Eminent Domain. 693 1. Section 201(e) and the Exercise of Eminent Domain by the Federal Government. 697 2. Section 201(e) and the Exercise of Eminent Domain by States. 703 B. Condemnation... 1989  
Lance D. Cassak Hearing the Cries of Prisoners: the Third Circuit's Treatment of Prisoners' Rights Litigation 19 Seton Hall Law Review 526 (1989) The law, in all vicissitudes of government, fluctuations of passions, or flights of enthusiasm, will preserve a steady undeviating course; it will not bend to the uncertain wishes, imaginations and wanton tempers of men. . . . On the one hand it is inexorable to the cries and lamentations of prisoners; on the other, it is deaf, deaf as an adder to... 1989  
Richard L. Doernberg Legislative Override of Income Tax Treaties: the Branch Profits Tax and Congressional Abrogation of Authority 42 Tax Lawyer 173 (Winter, 1989) With the budget deficit at an unprecedented level, Congress is under great pressure to increase government revenues. In response to that pressure, Congress enacted the Tax Reform Act of 1986 and the Revenue Act of 1987, both of which are expected in the short term to reduce the deficit. While pursuing large revenue increases, Congress finds it... 1989  
Gennady M. Danilenko Outer Space and the Multilateral Treaty-making Process 4 High Technology Law Journal 217 (Fall, 1989) I. INTRODUCTION. 217 II. THE CONTINUOUS NEED FOR SPACE LAW-MAKING. 218 III. THE SEARCH FOR GENUINE CONSENSUS. 223 IV. TOWARDS MORE REALISTIC SPACE LAW-MAKING. 229 V. ANTICIPATORY REGULATION. 232 VI. PROLIFERATION OF NEGOTIATING FORUMS. 236 VII. FRAGMENTATION OF THE LEGAL REGIME. 241 VIII. A COMPREHENSIVE CONVENTION?. 244 IX. CONCLUSION. 247 Among... 1989  
Letitia A. Sears Pennsylvania v. Union Gas: Congressional Abrogation of State Sovereign Immunity under the Commerce Clause, Or, Living with Hans 58 Fordham Law Review 513 (December, 1989) The eleventh amendment constricted the state-citizen diversity clause of article III by providing that citizens of one state could not sue another state in federal court. Its words appear innocent when compared with the amount of academic and judicial controversy they have generated. A purely textual analysis would hardly reveal the areas into... 1989  
D. Craig Lewis Proof and Prejudice: a Constitutional Challenge to the Treatment of Prejudicial Evidence in Federal Criminal Cases 64 Washington Law Review 289 (April, 1989) Abstract: The United States Supreme Court held its 1970 decision In re Winship that in criminal prosecutions the Constitution requires proof of guilt beyond a reasonable doubt. Professor Lewis argues that Winship governs the validity of evidence rules in criminal cases and requires that rules of evidence do not impair the reliability of criminal... 1989  
Ronald A. Lehmann Reinterpreting Advice and Consent: a Congressional Fast Track for Arms Control Treaties 98 Yale Law Journal 885 (March, 1989) The Reagan Administration's interpretation of the 1972 Anti-Ballistic Missile (ABM) Treaty, allowing development and deployment of the Strategic Defense Initiative (SDI), raised difficult questions about the relative scope of presidential and congressional powers to interpret treaties. Administration opponents, led by Democratic Senator Sam Nunn,... 1989  
Frederic L. Kirgis, Jr. Some Lingering Questions about Article 60 of the Vienna Convention on the Law of Treaties 22 Cornell International Law Journal 549 (Symposium, 1989) There is a rich literature on the topic of material breach in the law of treaties. It is richer, however, in doctrine than in analysis useful to decisionmakers. Article 60 of the Vienna Convention on the Law of Treaties raisesor at least leaves unresolvedtroublesome questions with respect to breaches. This essay aims to resolve these questions by... 1989  
Jeffrey S. Schira Sovereign Immunity to Copyright Infringement Actions after Atascadero 50 Ohio State Law Journal 197 (1989) The Constitution vests the power to issue letters of patent and copyright with Congress. Congress has, from time to time, passed and revised various copyright statutes, culminating with the passage of the Copyright Act of 1976 (1976 Act). These statutes have provided authors and artisans with some level of protection against the unauthorized use of... 1989  
John F. Duffy Sovereign Immunity, the Officer Suit Fiction, and Entitlement Benefits 56 University of Chicago Law Review 295 (Winter, 1989) The constitutional doctrine of sovereign immunity prohibits a federal court from entertaining any suits in which a sovereign entity, either a state or the United States, is named as defendant unless the sovereign has consented to be sued. Despite the absolute terms in which sovereign immunity is sometimes described, there exist two fundamental... 1989  
Jake Holdreith State Sovereign Immunity Against Private Citizens, the Commerce Clause Power, and the Supreme Court 74 Iowa Law Review 593 (3/1/1989) The eleventh amendment is ambiguous in itself and the Supreme Court has rendered it only more confusing. Those in favor of state immunity contend that the eleventh amendment embodies principles of federalism that constitutionally protect unconsenting states from suits by private citizens. Others argue that the eleventh amendment bars federal... 1989  
Calvin R. Massey State Sovereignty and the Tenth and Eleventh Amendments 56 University of Chicago Law Review 61 (Winter, 1989) The Eleventh Amendment is deceptively simple: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Yet, in recent years, a vigorous debate has emerged about the... 1989  
Charles T. DuMars , A. Dan Tarlock Symposium Introduction: New Challenges to State Water Allocation Sovereignty 29 Natural Resources Journal 331 (Spring, 1989) Western states are facing new challenges to their traditional water allocation primacy beyond the perennial problems of federal reserved rights and reclamation law. These challenges come from recent Supreme Court decisions announcing federalism doctrines that may allow a court to displace state law, and from state court decisions that may require... 1989  
Ifeanyi Achebe The Act of State Doctrine and Foreign Sovereign Immunities Act of 1976: Can They Coexist? 13 Maryland Journal of International Law and Trade 247 (Spring, 1989) Introduction Purpose of This Article I. Defining the Act of State Doctrine A. Distinguishing an Act of State B. Distinguishing Absolute Sovereignty II. Some Early and Recent Evidence of the Problems A. The Problem at the United States Supreme Court Level B. Views from the Second Circuit Cases (i) Anticipatory Repudiation (ii) International... 1989  
Merritt R. Blakeslee The Eleventh Amendment and States' Sovereign Immunity from Suit by a Private Citizen: Hans v. Louisiana and its Progeny after Pennsylvania v. Union Gas Company 24 Georgia Law Review 113 (Fall, 1989) In 1980, while Pennsylvania was engaged in a long-term flood-control project on Brodhead Creek in Stroudsburg, Pennsylvania, workers excavating the creek banks struck a large deposit of coal tar, which leaked into the creek. The Environmental Protection Agency (EPA), which declared the tar a hazardous substance, designated Brodhead Creek an... 1989  
Bruce J. Winick The Right to Refuse Mental Health Treatment: a First Amendment Perspective 44 University of Miami Law Review Rev. 1 (September, 1989) A. The Supreme Court's Methodology: Deriving Corollary Rights from Freedom of Speech B. Supreme Court Protection for Freedom of Belief, Freedom of Mind, and Freedom of Thought C. Freedom to Believe Distinguished from Freedom to Act D. When Government Attempts to Impose Orthodoxy of Belief E. First Amendment Protection of Private Thoughts F.... 1989  
Lawrence J. Block , Lee A. Casey , David B. Rivkin, Jr. The Senate's Pie-in-the-sky Treaty Interpretation: Power and the Quest for Legislative Supremacy 137 University of Pennsylvania Law Review 1481 (May, 1989) The debate over ABM Treaty interpretation and reinterpretation into which Professor Koplow ventures is part and parcel of two much broader and dramatic confrontations: the struggle currently being waged over the direction of United States nuclear strategy and a battle between the Executive and the Congress over the formulation and implementation of... 1989  
Joseph R. Biden, Jr. , John B. Ritch III The Treaty Power: Upholding a Constitutional Partnership 137 University of Pennsylvania Law Review 1529 (May, 1989) In June of 1988, as the leaders of the United States and the Soviet Union met in Moscow to inaugurate the Treaty on Intermediate-Range Nuclear Forces (INF Treaty), their joint act of ratification ended more than a sixteen year hiatus in codified superpower arms control. It also brought to a close an extraordinary episode in American constitutional... 1989  
Abraham D. Sofaer Treaty Interpretation: a Comment 137 University of Pennsylvania Law Review 1437 (May, 1989) The key question in the treaty interpretation debate is: what standards are correct for judging whether the President is bound to an interpretation of a treaty under domestic law because of the manner in which the treaty was presented to the Senate? Professor Koplow's analysis of the treaty interpretation issue is more accurate than that of most... 1989  
Judith V. Royster , Rory SnowArrow Fausett Fr Native American Reservations: State Rights 'To Pursue Savage Hostile Indian Marauders Across the Border' 59 University of Colorado Law Review 191 (Spring, 1988) L1-3TABLE OF CONTENTS I. Introduction. 192 II. Criminal Jurisdiction. 196 A. Off-Reservation Jurisdiction. 196 B. Jurisdiction Within Reservation Boundaries. 198 1. Tribal Jurisdiction. 199 2. State and Federal Jurisdiction. 209 a. Public Law 280 Reservations. 210 b. Non-Public Law 280 Reservations. 220 3. Summary. 223 C. On-Reservation Arrest for... 1988 Yes
93 94 95 96 97 98 99 100 101 102 103 104 105 106