| Author | Title | Citation | Summary | Year | Key Terms |
| John Yoo |
Rational Treaties: Article Ii, Congressional-executive Agreements, and International Bargaining |
97 Cornell Law Review Rev. 1 (November, 2011) |
Introduction. 1 I. The Struggle over Instruments. 4 II. Treaties as the Settlement of International Crises. 11 A. Conflict as Bargaining Failure. 14 B. Incomplete Information and Settlement. 17 C. Conflict as a Commitment Problem. 21 III. International Agreements and the U.S. Constitution. 23 A. Choice of Instruments as Informational Signals. 25 B.... |
2011 |
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| Helena Traner |
Resolving Arctic Sovereignty from a Scandinavian Perspective |
44 Case Western Reserve Journal of International Law 497 (2011) |
Smaller Scandinavian states are at a distinct disadvantage as a result of the current framework governing the Arctic. In order to better preserve their interests in the environment, the rights of their indigenous groups, and their security interests, these states should lead the push to develop a working group within the Arctic Council with a view... |
2011 |
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| Evelyn Ma |
Scholarly Chinese Legal Works in the Vernacular: a Selective Topical Treatise Finder (Part I) |
39 International Journal of Legal Information 295 (Winter 2011) |
The number of Chinese legal scholarly publications has grown dramatically in the last ten years as the Chinese government legislature churned out an expansive body of law, with an impressive proliferation of print treatises and web-based legal information in the vernacular. This article offers a sampling of legal scholars and their treatises. It is... |
2011 |
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| Katherine Mims Crocker |
Securing Sovereign State Standing |
97 Virginia Law Review 2051 (December, 2011) |
Introduction. 2052 I. Background: Understanding State Standing. 2054 A. Goals of Standing and Doctrinal Sketch. 2054 B. Evolving Interests: The Supreme Court's Shifting State Standing Doctrine. 2055 1. Proprietary Interests. 2056 2. Sovereign Interests. 2056 a. What Are Sovereign Interests?. 2056 b. The Road to Supreme Court Acceptance. 2057 c. The... |
2011 |
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| Gregory Bradford |
Simplifying State Standing: the Role of Sovereign Interests in Future Climate Litigation |
52 Boston College Law Review 1065 (May, 2011) |
Abstract: As Congress has yet to enact a comprehensive legislative framework to address climate change, environmental advocates have increasingly turned to the judiciary to push for the regulation of greenhouse gas emissions. Some lawsuits have been brought against the federal government, but others have been brought against private entities under... |
2011 |
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| Major Winston G. McMillan |
Something More than a Three-hour Tour: Rules for Detention and Treatment of Persons at Sea on U.s. Naval Warships |
2011-FEB Army Lawyer 31 (February, 2011) |
Maritime forces will work with others to ensure an adequate level of security and awareness in the maritime domain. In doing so, transnational threats-- terrorists and extremists; proliferators of weapons of mass destruction; pirates; traffickers in persons, drugs, and conventional weapons; and other criminals--will be constrained. United States... |
2011 |
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| Leslie R. Masterson , U.S. Bankruptcy Court (E.D. Texas), Plano, Texas, leslie_masterson@txeb.uscourts.gov |
Sovereign Citizens: Fringe in the Courtroom |
30-MAR American Bankruptcy Institute Journal J. 1 (March, 2011) |
Bankruptcy is serious business. With increasing frequency, courtrooms are invaded by desperate individuals who have armed themselves with elaborate petitions, motions and other documents that deny the authority of state and federal governments. This article surveys some of the more common arguments presented in bankruptcy cases involving sovereign... |
2011 |
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| Jonathan B. Potts |
Stabilizing the Role of Umbrella Clauses in Bilateral Investment Treaties: Intent, Reliance, and Internationalization |
51 Virginia Journal of International Law 1005 (Summer 2011) |
Introduction. 1006 I. Historical Considerations. 1008 II. The Split Among ICSID Tribunals. 1011 A. Restrictive Interpretations. 1012 1. SGS v. Pakistan. 1012 2. Joy Mining v. Egypt. 1015 3. El Paso v. Argentina. 1016 4. Hamester v. Ghana. 1018 B. Expansive Interpretations. 1019 1. SGS v. Philippines. 1019 2. CMS v. Argentina. 1022 3. Noble Ventures... |
2011 |
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| Thomas Moers Mayer |
State Sovereignty, State Bankruptcy, and a Reconsideration of Chapter 9 |
85 American Bankruptcy Law Journal 363 (Fall, 2011) |
In 2006, Carol Anne Bond, a Philadelphia suburbanite, discovered that her husband had impregnated her close friend Myrlinda Haynes. Ms. Bond harassed Ms. Haynes, threatened her life, and finally stole from her employer (a chemical company) the deadly poison 10-chloro10H-phenoxarsine, which Ms. Bond rubbed on various surfaces Ms. Haynes might... |
2011 |
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| Sarah W. Conkright |
The "Better Reading" of Section 17 of the Indian Reorganization Act: a Rejection of Automatic Waiver of Tribal Sovereign Immunity in Memphis Biofuels |
60 Catholic University Law Review 1175 (Fall, 2011) |
Business more than any other occupation is a continual dealing with the future; it is a continual calculation, an instinctive exercise in foresight. Few contexts require as much foresight as dealings between tribal and nontribal businesses. Generally, tribal corporations resemble nontribal corporations with respect to their business... |
2011 |
Yes |
| Court E. Golumbic, Jonathan P. Adams |
The "Dominant Influence" Test: the Fcpa's "Instrumentality" and "Foreign Official" Requirements and the Investment Activity of Sovereign Wealth Funds |
39 American Journal of Criminal Law L. 1 (Fall 2011) |
I. Introduction. 2 II. The Foreign Corrupt Practices Act. 5 A. The SEC Investigation and the Enactment of the FCPA. 5 1. The 1988 Amendments. 10 2. The 1997 OECD Convention & 1998 FCPA Amendments. 12 B. Statutory Analysis of the FCPA. 14 1. Anti-Bribery Provisions. 14 2. Accounting Provisions. 17 3. Penalties. 18 C. FCPA Enforcement. 19 1. History... |
2011 |
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| Daniel S. Margolies |
The "Ill-defined Fiction" of Extraterritoriality and Sovereign Exception in Late Nineteenth Century U.s. Foreign Relations |
40 Southwestern Law Review 575 (2011) |
In the last three decades of the nineteenth century, United States foreign policy utilized significantly elastic approaches to issues of extraterritorial jurisdiction as part of a long-term and focused drive toward establishing overseas empire. While assertively consolidating rising economic, military, corporate, and ideological power in service to... |
2011 |
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| Kent A. Kiehl , Morris B. Hoffman |
The Criminal Psychopath: History, Neuroscience, Treatment, and Economics |
51 Jurimetrics Journal 355 (Summer, 2011) |
ABSTRACT: The manuscript surveys the history of psychopathic personality, from its origins in psychiatric folklore to its modern assessment in the forensic arena. Individuals with psychopathic personality, or psychopaths, have a disproportionate impact on the criminal justice system. Psychopaths are twenty to twenty-five times more likely than... |
2011 |
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| Michael Lawrence |
The Effects of Human Rights Norms on Native American Context |
20 Michigan State International Law Review 57 (2011) |
Introduction. 57 I. Radicals in Their Own Time. 57 II. Vine Deloria Jr. and Indian Sovereignty. 59 III. Indian Sovereignty and Human Rights. 62 IV. Community. 64 |
2011 |
Yes |
| Steven B. Dow |
The Eleventh Amendment and Corrections Litigation: the Impact of Sovereign Immunity on the Religious Land Use and Institutionalized Persons Act |
37 New England Journal on Criminal and Civil Confinement 247 (Summer 2011) |
If history is at all useful as a guide to the future, a federal law protecting the religious practices of prisoners is here to stay, in one form or another. The initial version, the Religious Freedom Restoration Act of 1993 (RFRA), was enacted in response to the Supreme Court's 1990 decision in Employment Division v. Smith, which significantly... |
2011 |
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| Laurel Pyke Malson, Katherine Nesbitt, Aryeh Portnoy, Birgit Kurtz, John Murino, Joshua Dermott, Beth Goldman, Arash Jahanian, Marguerite Walter And Howard Yuan |
The Foreign Sovereign Immunities Act: 2009 Year in Review |
17 Law & Business Review of the Americas 39 (Winter 2011) |
INTRODUCTION: THE FSIA IN 2009. 40 I. A BRIEF HISTORY OF THE FSIA. 41 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES AND INSTRUMENTALITIES. 42 A. What Is a Foreign State?. 42 1. Entities That Qualified as a Foreign State or Agency or Instrumentality of a Foreign State. 43 2. Individual Foreign Officials. 44 B.... |
2011 |
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| Crowell & Moring LLP |
The Foreign Sovereign Immunities Act: 2010 Year in Review |
17 Law & Business Review of the Americas 637 (Fall 2011) |
INTRODUCTION: THE FSIA IN 2010. 639 I. A BRIEF HISTORY OF THE FSIA. 640 II. THE DEFINITION OF A FOREIGN STATE: POLITICAL SUBDIVISIONS, ORGANS, AGENCIES, AND INSTRUMENTALITIES. 641 A. What Is a Foreign State?. 642 1. Foreign Consulate--Foreign State. 642 2. Former Officials--Not Foreign States. 642 a. After Samantar. 644 b. Proposed Legislation.... |
2011 |
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| Mariana Valverde |
The Honour of the Crown Is at Stake: Aboriginal Land Claims Litigation and the Epistemology of Sovereignty |
1 UC Irvine Law Review 955 (September, 2011) |
I. Knowledge Formats and the Performativity of Narratives. 957 II. Authentic Aboriginal Peoples and Authoritative Judicial Anthropology. 963 III. Refurbishing the Crown. 965 IV. Conclusion: Multiculturalism, Reconciliation, and the Refurbished Crown. 971 |
2011 |
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| Patrick McKinley Brennan |
The Individual Mandate, Sovereignty, and the Ends of Good Government: a Reply to Professor Randy Barnett |
159 University of Pennsylvania Law Review 1623 (June, 2011) |
Introduction. 1623 I. Setting the Constitutional Doctrinal Context. 1625 II. Multiplying Sovereigns. 1631 III. Making Some Sense of Sovereignty. 1637 IV. Transforming the Politico-Legal Culture Away from Competing Sovereigns . 1641 V. Questions More Fundamental than Assertions of Sovereignty . 1645 |
2011 |
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| Daniel Heilmann |
The International Control of Illegal Drugs and the U.n. Treaty Regime: Preventing or Causing Human Rights Violations? |
19 Cardozo Journal of International and Comparative Law 237 (Spring 2011) |
I. Initial Considerations. 238 II. The International Drug Control System. 239 A. International Drug Control Law. 239 1. International Drug Control Efforts before 1960. 240 2. Single Convention on Narcotic Drugs (1961) as amended by the Protocol (1972). 244 3. Convention on Psychotropic Substances (1971). 246 4. United Nations Convention Against... |
2011 |
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| Jennifer R. Donnelly |
The Need for Ibogaine in Drug and Alcohol Addiction Treatment |
32 Journal of Legal Medicine 93 (January-March, 2011) |
Clearly, in a world devastated by addictions to alcohol, cocaine, heroin, amphetamines, methadone, and nicotine, with all the accompanying death, disease and crime, in a society where dysfunctional behavior is the rule rather than the exception, in a humanity hungering to reconnect with God, ibogaine has profound implications. Samantha Jones... |
2011 |
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| Steven G. Stransky |
The Nuclear Nonproliferation Treaty and Pakistan: Interpreting Nuclear Security Assistance Prohibitions |
23 Florida Journal of International Law L. 1 (April, 2011) |
I. Introduction. 2 II. Pakistan's Nuclear Weapons Program. 5 A. Why Pakistan Acquired a Nuclear Weapon. 5 B. How Pakistan Acquired a Nuclear Weapon. 7 C. The Threats Emanating From Pakistan's Nuclear Weapons Program. 10 III. Nuclear Surety. 12 IV. NPT and Treaty Interpretation. 16 A. Ordinary Meaning. 19 1. Transfer Provision. 20 2. Assistance... |
2011 |
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| Ronald J. Bettauer, George Washington University Law School |
The Role of Domestic Courts in Treaty Enforcement: a Comparative Study. Edited by David Sloss. Cambridge, New York: Cambridge University Press, 2009. Pp. Xxix, 626. Index. $99 |
105 American Journal of International Law 397 (April, 2011) |
In 2008, the United States Supreme Court decided in Medellín v. Texas that the obligation to comply with International Court of Justice (ICJ) decisions set out in Article 94 of the United Nations Charter is not a self-executing treaty provision under U.S. domestic law. Consequently, the ICJ's decision in the Avena case, which required the United... |
2011 |
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| Diane Riskedahl, University of Toronto |
The Sovereignty of Kin: Political Discourse in Post-ta'if Lebanon |
34 PoLAR: Political and Legal Anthropology Review 233 (November, 2011) |
The debate over sovereignty in Lebanon involves a battle among distinct and varying political imaginaries. This struggle is evident in the negotiation of the Syrian presence within Lebanon prior to the withdrawal of the Syrian military in the spring of 2005. I focus here on the early public call for change made by the Maronite Patriarch that... |
2011 |
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| Thomas M. Christina |
The States and the Nlrb: a Study in Comparative Sovereignty |
12 Engage: The Journal of the Federalist Society Practice Groups 78 (11/1/2011) |
Under a system of government that diffuses power and makes institutional [a]mbition . counteract ambition, sudden power grabs by a federal agency are rare. Nevertheless, they do occur, particularly when they can be conducted under the radar. A lawsuit can be a very successful means for launching a power struggle without arousing much public... |
2011 |
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| Jason R. Bent |
The Telltale Sign of Discrimination: Probabilities, Information Asymmetries, and the Systemic Disparate Treatment Theory |
44 University of Michigan Journal of Law Reform 797 (Summer 2011) |
The systemic disparate treatment theory of employment discrimination is in disarray. Originally formulated in United States v. International Brotherhood of Teamsters, the systemic disparate treatment theory provides plaintiffs with a method for creating an inference of unlawful discriminatory intent if plaintiffs can first present sufficient... |
2011 |
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| Julien Chaisse, Debashis Chakraborty, Biswajit Nag |
The Three-pronged Strategy of India's Preferential Trade Policy: a ConTribution to the Study of Modern Economic Treaties |
26 Connecticut Journal of International Law 415 (Spring, 2011) |
Before the inception of the WTO, India generally did not pursue any regional economic agreement route to promote trade or to achieve any other goal. In the Post-Cancun Ministerial period, however, it has progressively entered into a number of preferential trade arrangements with several Asian, as well as non-Asian partners. Looking into India's... |
2011 |
Yes |
| Tiffany Cartwright |
To Care for Him Who Shall Have Borne the Battle: the Recent Development of Veterans Treatment Courts in America |
22 Stanford Law and Policy Review 295 (2011) |
When Owen Flaherty returned home from war, his family and coworkers described him as detached and angry, his mind would trick him into seeing enemies firing upon him with guns, and his violent episodes resulted in the police being called to his home on numerous occasions. When Nic Gray returned home, he felt numb and disconnected, was haunted by... |
2011 |
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| Peter Halewood |
Trade Liberalization and Obstacles to Food Security: Toward a Sustainable Food Sovereignty |
43 University of Miami Inter-American Law Review 115 (Fall 2011) |
Rising global food prices during 2010 and 2011 are thought to be partly responsible for the recent political uprisings and regime changes in the Middle East. The 2008 global spikes in food prices and the consequent food riots around the world lent additional urgency to analysis of underlying structural problems in the global system of producing,... |
2011 |
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| Ryan Abbott |
Treating the Health Care Crisis: Complementary and Alternative Medicine for Ppaca |
14 DePaul Journal of Health Care Law 35 (Fall 2011) |
The Patient Protection and Affordable Care Act (PPACA) intends to take American health care in a new direction by focusing on preventive medicine and wellness-based treatment. But, in doing so, it does not adequately take into account the potential contribution of complementary and alternative medicine (CAM). CAM is already used by a large and... |
2011 |
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| Mary G. Powell |
Treatment of Large Hydropower as a Renewable Resource |
32 Energy Law Journal 553 (2011) |
Synopsis: The decision to treat large hydropower as renewable energy by the State of Vermont is likely to be a matter that will be discussed and debated by other states as they consider the content of renewable portfolio standards (RPS). The lessons learned and decision-making in Vermont will be helpful as other states consider changes to existing... |
2011 |
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| Michael F. Caldwell |
Treatment-related Changes in Behavioral Outcomes of Psychopathy Facets in Adolescent Offenders |
35 Law and Human Behavior 275 (August, 2011) |
Abstract This study examines the association between the facets of psychopathy embedded in the Psychopathy Checklist: Youth Version (PCL:YV; Forth et al., Psychopathy Checklist: Youth Version, 2003), and changes in institutional behavior and post-treatment violent and general offending in a sample of juvenile delinquent males treated in the Mendota... |
2011 |
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| Peter Erlinder |
Treaty-guaranteed Usufructuary Rights: Minnesota v. Mille Lacs Band of Chippewa Indians Ten Years on |
41 Environmental Law Reporter News & Analysis 10921 (October, 2011) |
In Minnesota v. Mille Lacs Band of Chippewa Indians, the U.S. Supreme Court unanimously held that U.S. treaty negotiators severed the perpetual right to use land from formal title to the land in an 1837 (and 1854) Treaty. The Mille Lacs majority and dissent differed only as to whether treaty-guaranteed usufructuary property rights had been... |
2011 |
Yes |
| |
Tribal Sovereign Immunity and Arbitration Agreements |
66-JUL Dispute Resolution Journal 94 (May-July, 2011) |
The California Court of Appeal held that the Soboba Band of Luiseno, an Indian tribe, did not waive its sovereign immunity by agreeing to arbitrate. Accordingly, the court affirmed the denial of the plaintiff's motion to compel arbitration. California Parking Services contracted with the band to provide valet parking to the casino on the Soboba... |
2011 |
Yes |
| Andrew Brooks |
Tribal Sovereignty and Resource Destiny: Hydro Resources, Inc. v. U.s. Epa |
88 Denver University Law Review 423 (Spring, 2011) |
One of the schemes Congress enacted for settling the vast expanses of the western United States was to deed to railroad companies alternating one-square-mile parcels on each side of the planned railroad. Subsequent sales of parcels helped fund railroad expansion, but also created a checkerboard of ownerships, sometimes including tribal sovereign... |
2011 |
Yes |
| Charissa A. Eichman , National Wildlife Federation |
Tribal Sovereignty, Jurisdiction, Zoning, and Environmental Regulations |
54-AUG Advocate 18 (August, 2011) |
Indian tribes are sovereign governments. When the Europeans arrived in what has now become the United States and encountered the people who inhabited it, they began entering into treaties and agreements with the Tribes. Later, the U.S. government continued in this practice. Tribes have maintained their sovereignty by reserving rights of... |
2011 |
Yes |
| Todd Brower |
Twelve Angry--and Sometimes Alienated--men: the Experiences and Treatment of Lesbians and Gay Men During Jury Service |
59 Drake Law Review 669 (Spring 2011) |
I. Introduction. 669 II. The Experiences and Treatment of Sexual Minorities During Jury Service. 672 A. General Court Experiences and Perceptions. 674 B. Disclosure of Sexual Orientation--Visibility and Choice. 679 C. Additional Voir Dire and Jury Service Experiences and Treatment. 689 III. Conclusion: Consequences of Sexual Minority Jurors'... |
2011 |
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| Leonardo F.M. Castro |
U.s. Policy Against Treaty Shopping--from Aiken Industries to Anti-conduit Regs: Critical View of Current Double-step Approach in Light of Tax Treaties' Objectives and Purposes |
31 Virginia Tax Review 297 (Fall 2011) |
The scope of this article is to analyze the evolution of the mechanisms to fight treaty shopping in the U.S. Model Treaty and the role and efficiency regarding the application of domestic anti-conduit rules by the United States on its double tax treaties, in light of international tax principles and purposes. For that, this article will address the... |
2011 |
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| Tammy Asher |
Unprecedented Antitrust Investigation into the Lyme Disease Treatment Guidelines Development Process |
46 Gonzaga Law Review 117 (2010-2011) |
I. Introduction. 118 II. Lyme Disease--A Brief History. 119 III. Infectious Diseases Society of America Guidelines. 122 IV. Applying Antitrust Principles to the IDSA's Guideline-Development Process. 126 A. The Chronic Lyme Disease Controversy. 126 B. Is the Development of Medical Guidelines Analogous to Commercial Standard-Setting?. 130 C. The... |
2011 |
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| Thaddeus Mason Pope , Lindsey E. Anderson |
Voluntarily Stopping Eating and Drinking: a Legal Treatment Option at the End of Life |
17 Widener Law Review 363 (2011) |
Despite the growing sophistication of palliative medicine, many individuals continue to suffer at the end of life. It is well settled that patients, suffering or not, have the right to refuse life-sustaining medical treatment (such as dialysis or a ventilator) through contemporaneous instructions, through an advance directive, or through a... |
2011 |
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| Carrie Menkel-Meadow |
Why and How to Study "Transnational" Law |
1 UC Irvine Law Review 97 (March, 2011) |
I. Why We Must Study Transnational Law and Legal Institutions. 99 A. What is Transnational Law?. 103 B. The Importance of Studying Transnational Law. 106 II. What We Must Study in Transnational Law. 109 A. Formal Law and Interpretation. 109 B. Definitional Issues: How Does International Law Differ from Transnational Law?. 110 C. Convergences or... |
2011 |
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| Michael J. Carroll |
Yousuf v. Samantar: Does the Foreign Sovereign Immunities Act Protect Individual Government Officials from Liability? |
4 Albany Government Law Review 325 (2011) |
Introduction. 327 I. Alleged Torture and Extrajudicial Killings Suffered by Plaintiffs in Somalia and Samantar's Relationship with the United States Government. 330 A. Alleged Torture and Extrajudicial Killings. 330 1. Defendant Samantar's Relationship with the United States Government. 333 B. Procedural History: Ruling of the District Court in the... |
2011 |
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| Rachel Denae Thrasher , Kevin P. Gallagher |
21 Century Trade Agreements: Implications for Development Sovereignty |
38 Denver Journal of International Law and Policy 313 (Spring 2010) |
This paper examines the extent to which the emerging world trading regime leaves nations the policy space to deploy effective policy for long-run diversification and development and the extent to which there is a convergence of such policy space under global and regional trade regimes. We examine the economic theory of trade and long-run growth... |
2010 |
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| Matthew J. Jowanna |
42 U.s.c. § 1983: a Legal Vehicle with No International Human Rights Treaty Passengers |
9 University of New Hampshire Law Review 31 (December, 2010) |
I. Introduction. 32 II. Human Rights Treaties Conditionally Ratified by the United States. 33 III. The International Reaction. 41 IV. 42 U.S.C. § 1983. 56 V. Non-Self-Executing Declarations: There is More to It. 59 VI. Ratified Treaties Now! Rescission of RUDs Later?. 62 VII. Conclusion. 65 Where, after all, do universal human rights begin? In... |
2010 |
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| Ally Windsor Howell |
A Comparison of the Treatment of Transgender Persons in the Criminal Justice Systems of Ontario, Canada, New York, and California |
28 Buffalo Public Interest Law Journal 133 (2009-2010) |
Like other societies, the United States utilizes a binary system of gender where being either male or female has great consequences. This binary system and its corollary system where a normal society is made up only of couples comprising one man and one woman are the subject of much study and disputation. The most noticeable example of this is... |
2010 |
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| Adriel I. Cepeda Derieux |
A Most Insular Minority: Reconsidering Judicial Deference to Unequal Treatment in Light of Puerto Rico's Political Process Failure |
110 Columbia Law Review 797 (April, 2010) |
The constitutional contours of Puerto Rico's current relationship with the United States are largely defined by the territorial incorporation doctrine, developed in the Supreme Court's Insular Cases at the turn of the twentieth century. As commonly interpreted, the territorial incorporation doctrine provides that, as an unincorporated territory,... |
2010 |
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| Michael Davey |
A Pirate Looks at the Twenty-first Century: the Legal Status of Somali Pirates in an Age of Sovereign Seas and Human Rights |
85 Notre Dame Law Review 1197 (March, 2010) |
Mother, Mother Ocean, after all these years I've found, My occupational hazard being my occupation's just not around. Captains Blackbeard and Kidd, and even Hook and Sparrow, are the primary conception of piracy for many people. For these people, real piracy is dead and the rest is entertainment. But this vision of piracy merely represents the... |
2010 |
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| Cassandra Barnum |
A Single Penny, an Inch of Land, or an Ounce of Sovereignty: the Problem of Tribal Sovereignty and Water Quality Regulation under the Maine Indian Claims Settlement Act |
37 Ecology Law Quarterly 1159 (2010) |
This Note has three goals: to describe the Environmental Protection Agency's 2003 delegation of National Pollutant Discharge Elimination System permitting authority to the State of Maine under the Clean Water Act, to critique the Agency's decision based on principles of federal Indian law, and to propose solutions to the resultant problems faced by... |
2010 |
Yes |
| Margo Kaplan |
A Special Class of Persons: Pregnant Women's Right to Refuse Medical Treatment after Gonzales v. Carhart |
13 University of Pennsylvania Journal of Constitutional Law 145 (November, 2010) |
As several scholars have noted, the Supreme Court's Gonzales v. Carhart decision upholding the federal Partial Birth Abortion Ban Act of 2003 (PBABA) represents a major departure from its previous abortion jurisprudence. What has received little attention is the ease with which Carhart's rationale can be imported into cases involving the medical... |
2010 |
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| Evan J. Wallach |
A Tiny Problem with Huge Implications--nanotech Agents as Enablers or Substitutes for Banned Chemical Weapons: Is a New Treaty Needed? |
33 Fordham International Law Journal 858 (February, 2010) |
[T]he Law of Nations . . . allows not the taking the Life of an Enemy, by Poison; which Custom was established for a general Benefit, lest Dangers should be increased too much. . . . Humanity, and the Interests of [the] Parties, equally require it; since Wars are so frequent and . . . the Mind of Man, ingenious in inventing Means to do hurt . . .... |
2010 |
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