AuthorTitleCitationSummaryYearKey Terms
Richard J. Lazarus Changing Conceptions of Property and Sovereignty in Natural Resources: Questioning the Public Trust Doctrine 71 Iowa Law Review 631 (March, 1986) With th[e public trust doctrine], the California Supreme Court appears enthusiastically to have embraced a new legal Renaissance, in which modern humanists' rediscover old texts and invoke the distant past to liberate the spirit from the confining shackles' of a more conventional era. But we are not witnessing Petrarch, mildly unorthodox in... 1986  
Jesse Michael Feder Congressional Abrogation of State Sovereign Immunity 86 Columbia Law Review 1436 (November, 1986) Author agrees to write an advertising slogan for State. After submitting his copy, Author discovers that State has employed his slogan as the centerpiece of its new tourism campaign without paying him for it. Author sues State for the value of his copyright in the advertising slogan. Although the Copyright Act provides that anyone who violates... 1986  
Dominic T. Holzhaus Double Jeopardy and Incremental Culpability: a Unitary Alternative to the Dual Sovereignty Doctrine 86 Columbia Law Review 1697 (December, 1986) A defendant agrees to plead guilty to murder in one state and in exchange is sentenced to life imprisonment. Subsequently, he is tried for the same murder in another state before a jury tainted by the knowledge of the prior guilty plea and is sentenced to die in the electric chair. A paradigm for double jeopardy? Not according to the recent United... 1986  
Monroe Leigh Extradition - Universal Jurisdiction - "War Crimes" - U.s.-israel Extradition Treaty - "Double Criminality" Requirement 80 American Journal of International Law 656 (July, 1986) Appellant, John Demjanjuk, appealed the denial of a petition for a writ of habeas corpus which he had filed after a court had certified that he was subject to extradition to Israel. A native of the USSR, appellant was admitted to the United States in 1952 and became a naturalized U.S. citizen in 1958. In 1981, after finding that appellant had... 1986  
Lawrence J. Nelson , Brian P. Buggy , Carol J. Weil Forced Medical Treatment of Pregnant Women: 'Compelling Each to Live as Seems Good to the Rest' 37 Hastings Law Journal 703 (May, 1986) For reasons ranging from fear of surgery to religious belief, competent pregnant women sometimes refuse medical treatment that a physician considers beneficial to the woman, the fetus, or both. If the woman intends to bring the fetus to term, the attending physician and other health care practitioners involved in the woman's care may find her... 1986  
Joel R. Paul Images from Abroad: Making Direct Broadcasting by Satellites Safe for Sovereignty 9 Hastings International and Comparative Law Review 329 (Winter, 1986) The advent of communications satellites will mean the end of present barriers to the free flow of information; no dictatorship can build a wall high enough to stop its citizens [from] listening to the voices from the stars. Arthur C. Clarke Our peoples are constantly subjected to the uncontrolled invasion of news that inculcates in our masses... 1986  
Matthew Orebic Japanese Companies on United States Soil: Treaty Privileges v. Title Vii Restraints 9 Hastings International and Comparative Law Review 377 (Winter, 1986) Affiliates of foreign companies currently employ nearly two million people in the United States. Yet basic questions concerning whose law controls employment discrimination suits brought by these employees remain unresolved. In the case of Japanese companies doing business in the United States, lawsuits in which American employees have asserted... 1986  
Shannon K. Such Lifesaving Medical Treatment for the Nonviable Fetus: Limitations on State Authority under Roe v. Wade 54 Fordham Law Review 961 (April, 1986) Over a decade ago, the Supreme Court established that a woman has a constitutional right to decide whether to conclude or continue her pregnancy. The decision has provoked myriad challenges testing the perimeters of this right. These challenges are grounded, for the most part, on the underlying belief that the unborn child is a person who... 1986  
FLETCHER N. BALDWIN, JR. Some Observations Concerning External Power of Decentralized Units Within the Context of the Treaty Making Powers of Article Ii and Corresponding Transnational Implications 2 Florida International Law Journal 159 (Fall, 1986) I. INTRODUCTION. 160 II. GENERAL PRINCIPLES. 163 A. International. 163 B. Domestic Structure. 167 III TREATIES. 169 A. General International Interpretations. 169 1. General Obligations: Clarification of Goals and Strategies. 169 2. Extradition. 171 B. Domestic Interpretations. 172 1. Function and Character of Extradition Treaties. 172 2. Treaty... 1986  
Nobuhisa Ishizuka Subsidiary Assertion of Foreign Parent Corporation Rights under Commercial Treaties to Hire Employees "Of Their Choice" 86 Columbia Law Review 139 (January, 1986) Foreign and United States corporations doing business abroad may desire the discretion to staff their overseas operations with managerial or technical personnel from their home country. To encourage and protect foreign investment in this country, and United States investment abroad, the United States has signed over two dozen bilateral commercial... 1986  
Kenneth M. Murchison The Dual Sovereignty Exception to Double Jeopardy 14 New York University Review of Law and Social Change 383 (1986) C1-5TABLE OF CONTENTS L1-5Part One: The Forgotten Legacy of the Eighteenth Amendment L2-4,T2Introduction. .383 I. L2-4,T2Supreme Court Decisions Prior to Prohibition. .384 II. L2-4,T2Prohibition Reforms: The Eighteenth Amendment and the Volstead Act. .388 III. L2-4,T2The Judicial Response During the Prohibition Era. .391 A. L3-4,T3Acceptance of the... 1986  
Alan E. Lipkind The Foreign Sovereign Immunities Act of 1976 and Jurisdiction under the Commercial Activities Exception: Vencedora Oceanica Navegacion, S.a. v. Compagnie Nationale Algerienne De Navigation 4 Boston University International Law Journal 125 (Winter, 1986) Clause one of the commercial activities exception to the Foreign Sovereign Immunities Act of 1976 permits American courts to exercise jurisdiction over actions based upon a foreign sovereign's commercial activities in the United States. The scope of clause one is uncertain and the cases construing it appear inconsistent. A dispute exists over... 1986  
Jonathan Glasser The Government Contract Defense: Is Sovereign Immunity a Necessary Prerequisite? 52 Brooklyn Law Review 495 (1986) The government contract defense is an affirmative defense that can shield military contractors from liability for injuries resulting from design defects in goods they manufacture for the government. To successfully invoke the defense in its modern form, a defendant contractor has to prove that (1) the government designed the product, (2) the... 1986  
James E. Castello The Limits of Popular Sovereignty: Using the Initiative Power to Control Legislative Procedure 74 California Law Review 491 (March, 1986) At least since the seventeenth century, when political upheaval forced a broad inquiry into the principles of government, English-speaking society has struggled to reconcile two sovereignties: the supremacy of representative government and the supremacy of the people themselves. John Locke's Second Treatise of Government framed the dilemma. After... 1986  
Dynda L. Artz The Noncorporate Plaintiff: Hostage to the Gordian Knot of the Foreign Sovereign Immunities Act of 1976 54 University of Cincinnati Law Review 907 (1986) The passage of the Foreign Sovereign Immunities Act (FSIA or the Act) has been a mixed blessing. While it has been a boon to corporations by allowing them to sue foreign sovereigns in United States courts, it has been a bane to noncorporate plaintiffs with the same objective. Since the passage of the FSIA in 1976, the Act has enabled American... 1986  
Mark Sagoff The Principles of Federal Pollution Control Law 71 Minnesota Law Review 19 (October, 1986) Environmentalism at its inception was a grand vision, one that nearly all Americans willingly shared. Somehow that vision of the essential unity of nature and of the need for bringing industrial society into harmony with it has been lost among the parts per billion, and with it we have lost the capacity to reach social consensus on environmental... 1986  
Ethel R. Theis , Reporter The United Nations and the Antarctic Treaty System 80 American Society of International Law Proceedings 269 (April 9-12, 1986) The panel was convened at 10:00 a.m., April 11, 1986, Christopher C. Joyner presiding. At the outset I think it bears mentioning that Antarctica represents nearly onetenth of the earth's land surface, although land may be a misnomer since about 98 percent of the continent is buried beneath a mantle of ice some one to three miles in thickness. Today... 1986  
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  
Andrew S. Montgomery Tribal Sovereignty and Congressional Dominion: Rights-of-way for Gas Pipelines on Indian Reservations 38 Stanford Law Review 195 (November, 1985) Justice Black stated, in an important Indian law case of over 20 years ago, Great nations, like great men, should keep their word. The great nations and men might do well to heed the Justice's warning, if only they knew what their word was. But for natural resource developers and Indian tribes, the nation's word has become obscure. Indian law... 1985 Yes
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  
Laurie Reynolds Indian Hunting and Fishing Rights: the Role of Tribal Sovereignty and Preemption 62 North Carolina Law Review 743 (April, 1984) American Indian tribes enjoy a federally-protected quasi-sovereign status within the states in which they are located. The vague limits of tribal sovereignty, however, result in overlapping state laws and tribal regulations and corresponding tensions between state and tribal authorities. Professor Reynolds suggests a presumption of tribal... 1984 Yes
Sharon O'Brien The Medicine Line: a Border Dividing Tribal Sovereignty, Economies and Families 53 Fordham Law Review 315 (November, 1984) AGAIN and again Blackfeet warriors fleeing northward after a raiding attack watched with growing amazement as the pursuing troops of the United States Army came to a sudden, almost magical stop. Again and again, fleeing southward, they saw the same thing happen as the Canadian Mounties reined to an abrupt halt. The tribes of the Blackfeet... 1984 Yes
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  
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