| Author | Title | Citation | Summary | Year | Key Terms |
| 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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| 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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| 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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| 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 |
| Samantha A. Moppett |
Acknowledging America's First Sovereign: Incorporating Tribal Justice Systems into the Legal Research and Writing Curriculum |
35 Oklahoma City University Law Review 267 (Summer 2010) |
Marie Setian (Marie) drove to Foxwoods Resort Casino in Ledyard, Connecticut, with her husband and another couple for a day of gambling, dining, and entertainment. After gambling for a little while, the couples went to the Festival Buffet. At the buffet's seafood station, Marie placed some shrimp on her plate. As she walked to the international... |
2010 |
Yes |
| Taylor Reinhard |
Advancing Tribal Law Through "Treatment as a State" under the Obama Administration: American Indians May Also Find Help from Their Legal Relative, Louisiana--no Blood Quantum Necessary |
23 Tulane Environmental Law Journal 537 (Summer 2010) |
I. Introduction. 538 II. Background. 540 A. Tribal Sovereignty and the Federal Government's Fiduciary Duty as Trustee. 540 B. Treatment in the Same Manner as a State Really Means Treating Tribes as States. 541 C. Courts Carefully Lengthen the Arm of Tribal Jurisdiction under the TAS Doctrine. 542 III. American Indian Legal Systems: New Growth on... |
2010 |
Yes |
| Andrew G. Hill |
Another Blow to Tribal Sovereignty: a Look at Cross-jurisdictional Law-enforcement Agreements Between Indian Tribes and Local Communities |
34 American Indian Law Review 291 (2009-2010) |
Perhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. The keystone of Indian tribes has long been... |
2010 |
Yes |
| Frank Pommersheim |
At the Crossroads: a New and Unfortunate Paradigm of Tribal Sovereignty |
55 South Dakota Law Review 48 (2010) |
This is the first in a series of three articles by Professor Frank Pommersheim to be published in the South Dakota Law Review. The second article will be forthcoming in Issue I, Vol. 56 (Fall 2010) and it is entitled Amicus Briefs in Indian Law: The Case of Plains Commerce Bank v. Long Family Land and Cattle, Co., Inc. The final article in the... |
2010 |
Yes |
| Marren Sanders |
Clean Water in Indian Country: the Risks (And Rewards) of Being Treated in the Same Manner as a State |
36 William Mitchell Law Review 533 (2010) |
I. Introduction. 534 II. The Clean Water Act. 535 A. Background. 535 B. Treatment as a State Provision. 537 C. Devolution, Delegation, or Something Else Entirely?. 540 D. The Bane of Jurisdiction. 542 E. The Wisconsin Debacle. 545 III. More Risk Than Reward?. 547 A. Here Today, Gone Tomorrow?. 549 B. Federal Core Standards. 550 C. The Oklahoma... |
2010 |
Yes |
| Joan S. Howland, University of Minnesota |
Deborah A. Rosen. American Indians and State Law: Sovereignty, Race, and Citizenship. 1790-1880. Lincoln: University of Nebraska Press, 2007. 360 Pp. $55.00 (Cloth); $29.95 (Paper) |
50 American Journal of Legal History 350 (July, 2008-2010) |
Despite the complexities of American Indian history and American Indian law, much recent scholarship on these interrelated topics has been relatively narrow and predictable. American Indian history is usually analyzed in a chronological manner with an obligatory nod towards themes such as wary cooperation. extermination, isolation, assimilation,... |
2010 |
Yes |
| Robert N. Clinton |
Enactment of the Indian Gaming Regulatory Act of 1988: the Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty? |
42 Arizona State Law Journal 17 (Spring 2010) |
The history of contact between Anglo-American settlers and Indian tribes constitutes nothing less than a virtually unending story involving the transfer of valuable resources, like land, gold, coal, oil, timber, uranium, and even the very sovereignty of Indian peoples, from native control to non-Indian ownership or control. That process of... |
2010 |
Yes |
| Nicholas A. Fromherz, Joseph W. Mead |
Equal Standing with States: Tribal Sovereignty and Standing after Massachusetts v. Epa |
29 Stanford Environmental Law Journal 130 (2010) |
Introduction. 130 I. Massachusetts v. EPA. 133 A. Standing Background. 134 B. The Litigation Itself. 137 1. Background. 138 2. Supreme Court. 139 C. Sovereignty and Standing after Massachusetts. 146 II. Indian Sovereignty: Its Nature and Scope. 149 A. History. 150 B. The Law. 155 1. The Marshall Trilogy. 155 2. Beyond the Marshall Trilogy:... |
2010 |
Yes |
| S. Chloe Thompson |
Exercising and Protecting Tribal Sovereignty in Day-to-day Business Operations: What the Key Players Need to Know |
49 Washburn Law Journal 661 (Spring 2010) |
The increase in tribal economic recovery and development over the last thirty years has, in many ways, been distinctly positive for numerous Tribes. As tribal economies have recovered and developed and their tribal financial resources correspondingly increased, these Tribes have become better able to exercise their sovereignty and... |
2010 |
Yes |
| Suzianne D. Painter-Thorne |
If You Build It, They Will Come: Preserving Tribal Sovereignty in the Face of Indian Casinos and the New Premium on Tribal Membership |
14 Lewis & Clark Law Review 311 (Spring 2010) |
This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel... |
2010 |
Yes |
| Jan Bissett , Margi Heinen |
In the Law: Keeping Current with American Indian Legal Resources |
89-FEB Michigan Bar Journal 48 (February, 2010) |
This month we focus on materials that help practitioners remain current with American Indian legal issues and news stories of interest. We'll also provide links to library or tribal collection research guides that may assist you in identifying or locating materials. The Libraries and Legal Research column last addressed American Indian legal... |
2010 |
Yes |
| Katherine J. Florey |
Indian Country's Borders: Territoriality, Immunity, and the Construction of Tribal Sovereignty |
51 Boston College Law Review 595 (May, 2010) |
Abstract: This Article explores the consequences of an anomaly in the Supreme Court's Indian law jurisprudence. In the past few decades, the Court has sharply limited the regulatory powers of tribal governments and the jurisdiction of tribal courts while leaving intact the sovereign immunity that tribes have traditionally enjoyed. The result has... |
2010 |
Yes |
| Douglas B. L. Endreson |
Reconciling the Sovereignty of Indian Tribes in Civil Matters with the Montana Line of Cases |
55 Villanova Law Review 863 (2010) |
CONSIDERATION of the United States Supreme Court's recent decisions on issues of tribal inherent sovereign authority in civil matters is plainly timely. Indian tribes are assuming more and more responsibility for governing persons, Indian and non-Indian, and activities in Indian country, relying for these purposes on their inherent sovereign powers... |
2010 |
Yes |
| Catherine T. Struve |
Sove Native American Nations in Court |
55 Villanova Law Review 929 (2010) |
THE topic of this symposium--Sovereignty's Seductions: Reconciling Conflicting Claims to Govern --invited participants to discuss a wide array of attributes of sovereignty. I chose as my topic the sovereignty of Native American nations. As is well known, Native American tribes pre-existed both the state and federal governments. The federal... |
2010 |
Yes |
| Padraic I. McCoy |
Sovereign Immunity and Tribal Commercial Activity: a Legal Summary and Policy Check |
57-APR Federal Lawyer 41 (March/April, 2010) |
Federal and state governments in the United States enjoy sovereign immunity from suit, although the doctrine has been the subject of increasing attack. Historically, sovereign immunity has been routed in deference to the sovereign, in protecting government resources, and in leaving a long-recognized doctrine alone, or at least leaving it to the... |
2010 |
Yes |
| Mary-Beth Moylan |
Sovereign Rules of the Game: Requiring Campaign Finance Disclosure in the Face of Tribal Sovereign Immunity |
20 Boston University Public Interest Law Journal L.J. 1 (Fall 2010) |
I. Introduction. 1 II. Sovereignty. 5 A. Tribal Sovereignty and Tribal Sovereign Immunity. 6 1. History of Tribal Sovereignty. 6 2. Jurisprudence Concerning Tribal Sovereign Immunity. 11 B. State Sovereignty and Guaranteed Powers. 14 III. Developments in Campaign Disclosure Laws. 15 IV. The Intersection of Tribal, Federal, and State Sovereignty... |
2010 |
Yes |
| Doug Nix |
The Ninth Circuit Court of Appeals' Enforcement of the Fair Labor Standards Act in Solis v. Matheson: a Discussion of Laws of General Applicability and Their Impact on Tribal Sovereignty and Independence |
34 American Indian Law Review 359 (2009-2010) |
With tens of thousands of new congressional regulations becoming effective every year and hundreds of thousands already in effect, to say that the impact on anyone or any group falling subject to these regulations is immense is an understatement. So when a statute makes broad categorizations about when it regulates by stating, for example, that it... |
2010 |
Yes |
| Hope M. Babcock |
The Stories We Tell, and Have Told, about Tribal Sovereignty: Legal Fictions at Their Most Pernicious |
55 Villanova Law Review 803 (2010) |
I can't believe that! said Alice, Can't you? the Queen said, in a pitying tone. Try again: draw a long breath, and shut your eyes. Alice laughed. There's no use trying, she said; one can't believe impossible things. I dare say you haven't had much practice, said the Queen. When I was your age I always did it for half an hour a day.... |
2010 |
Yes |
| Mitchell Nathanson |
Truly Sovereign at Last: C.b.c. DisTribution v. Mlb Am and the Redefinition of the Concept of Baseball |
89 Oregon Law Review 581 (2010) |
I. C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP. 585 II. Major League Baseball and Baseball as Synonyms. 589 III. The Rise of the Players. 594 IV. The Corporate Revolution. 603 V. The National Demonization of Major League Baseball and the Separation of Major League Baseball from the Concept of Baseball. 611... |
2010 |
Yes |
| Erick J. Rhoan |
What Congress Gives, Congress Takes Away: Tribal Sovereign Immunity and the Threat of Agroterrorism |
19 San Joaquin Agricultural Law Review 137 (2009-2010) |
In February of 2009, the Arabic news network, Al Jazeera, aired a video made by an Al-Qaeda recruiter. The recruiter told a room of supporters that the terrorist organization was assessing the United States-Mexico border for ways to infiltrate the United States, particularly through underground tunnels between the two nations. The purpose of the... |
2010 |
Yes |
| Steve Sanders |
Where Sovereigns and Cultures Collide: Balancing Federalism, Tribal Self-determination, and Individual Rights in the Adoption of Indian Children by Gays and Lesbians |
25 Wisconsin Journal of Law, Gender & Society 327 (Fall 2010) |
Introduction. 327 I. Background. 331 A. ICWA and Adoption. 331 B. Gay and Lesbian Adoption in the United States. 333 C. Indian Attitudes Toward Homosexuality and Same-sex Relationships. 334 II. Gay/Lesbian Adoptions in Tribal Court. 337 A. In Tribal Court, Tribal Law Controls. 338 B. Full Faith and Credit for Tribal Adoption Decrees. 339 III.... |
2010 |
Yes |
| 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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| 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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| Robert J. Tepper , Craig G. White |
Academic Early Retirement: Do Tenure Buyout Payments Warrant Unique Employment Tax Treatment? |
35 Oklahoma City University Law Review 169 (Spring 2010) |
A recent series of cases and a related Internal Revenue Service (IRS) revenue ruling shed light on the scope and taxation of the disposition of the contractual property rights inherent in holding a tenured faculty position. The litigated questions revolve around whether payments in satisfaction of tenure rights are considered wages for... |
2010 |
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| Laura Thomas , Diederik Lohman , Joseph Amon |
Access to Pain Treatment and Palliative Care: a Human Rights Analysis |
24 Temple International and Comparative Law Journal 365 (Fall 2010) |
I. Introduction. 365 II. Pain, Its Treatment, and Palliative Care. 366 III. The Unavailability of Medicinal Morphine. 369 IV. Barriers to Access to Pain Treatment and Palliative Care. 370 A. Excessively Restrictive Drug Control Regulations and Enforcement Practices. 370 B. Fear of Legal Sanction. 373 C. Failure to Ensure Functioning and Effective... |
2010 |
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| Justin Donoho |
Achieving Supreme Court Consensus: an Evolved Approach to State Sovereign Immunity |
88 Nebraska Law Review 760 (2010) |
I. Introduction. 760 II. Competing Theories. 763 A. Existing Doctrine. 763 B. The Dissenting Justices' Theory. 766 III. Necessity of Achieving Consensus. 767 IV. Existing Arguments. 770 A. Formalist Arguments. 770 B. Functional or Policy-Based Arguments. 771 C. Coherence with Lochner v. New York. 774 V. New Arguments. 776 A. Coherence with the... |
2010 |
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| Jason E. Rayne |
An Exposition of the Effectiveness of and the Challenges Plaguing Maine's Juvenile Drug Treatment Court Program |
62 Maine Law Review 649 (2010) |
Since 1989, trial courts across the United States have been developing and implementing the drug court model. Drug courts are treatment-based programs that are considered less adversarial than traditional methods of adjudication. By early in the new millennium, drug courts had achieved considerable local support and [had] provided intensive, long-... |
2010 |
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| Tejas N. Narechania |
An Offensive Weapon?: an Empirical Analysis of the "Sword" of State Sovereign Immunity in State-owned Patents |
110 Columbia Law Review 1574 (October, 2010) |
In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise... |
2010 |
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