AuthorTitleCitationSummaryYearKey Terms
Mary Druke Becker We Are an Independent Nation: a History of Iroquois Sovereignty 46 Buffalo Law Review 981 (Fall, 1998) The Iroquois have asserted their sovereignty continuously throughout history. Despite this, much ambiguity surrounds Iroquois sovereignty. For example, during the period of British and French colonialism, each power claimed dominance over the Iroquois. During the modern period, attempts have been made to relegate them to a quasi-sovereign status.... 1998  
Peter R. Rosenblatt What Is Sovereignty? The Cases of Taiwan and Micronesia 32 New England Law Review 797 (Spring, 1998) The title of my contribution to this discussion raises a point that is easy to overlook in discussions relating to the legal status of the Republic of China (ROC) on Taiwan. The range of options across the Strait is not confined, as the title of this conference suggests, to the reunification of China or Taiwan's independence, although either of... 1998  
Brenda Barton When Murdering Hands Rock the Cradle: an Overview of America's Incoherent Treatment of Infanticidal Mothers 51 SMU Law Review 591 (March-April, 1998) I. INTRODUCTION. 592 II. THE CRIME OF INFANTICIDE. 593 A. Defining Human Infanticide and the Infanticidal Mother. 593 B. History of Infanticide. 594 C. England's Infanticide Act. 596 D. Infanticide's Development in American Law. 597 III. THE ROLE OF INSANITY AS A DEFENSE. 597 A. Insanity Tests in America. 597 B. A Finding of Guilty but Mentally... 1998  
Tram N. Nguyen When National Origin May Constitute a Bona Fide Occupational Qualification: the Friendship, Commerce, and Navigation Treaty as an Affirmative Defense to a Title Vii Claim 37 Columbia Journal of Transnational Law 215 (1998) Following the Second World War, the United States entered into various Friendship, Commerce and Navigation treaties (FCNs) in an effort to promote overseas investment. As provided under many such FCNs, foreign employers operating in the United States are permitted to hire certain executive, managerial and technical personnel of their choice. With... 1998  
Ernest P. Larkins , Jorge Martinez-Vazquez, John J. Masselli A Comparative Analysis of Southeastern States' Income Tax Treatment of Exporters 21 Maryland Journal of International Law and Trade 51 (Spring 1997) I. INTRODUCTION. 52 II. ECONOMIC DESIRABILITY OF U.S. EXPORTS. 53 III. FEDERAL TAX LAW INVENTIVES. 54 A. Large Foreign Sales Corporations. 56 1. Foreign Presence and Other Organization Requirements. 56 2. Export Transactions. 57 3. Foreign Management. 58 4. Foreign Economic Processes. 59 5. Exemption Benefit. 59 B. Small Foreign Sales Corporations.... 1997  
Suzan Dionne Balz A Country Within a Country: Redrawing Borders on the Post-colonial Sovereign State 2 Michigan Journal of Race and Law 537 (Spring 1997) This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian... 1997  
David Nimmer A Tale of Two Treaties Dateline: Geneva-december 1996 22 Columbia-VLA Journal of Law & the Arts Arts 1 (Fall, 1997) It was the best of times, it was the worst of times. It was a far, far better copyright treaty than any the world had ever attempted before. It began with Great Expectations; by the end, the participants felt, if not quite like Les MisĂ©rables, at least as if they had emerged from a Bleak House. What the dickens was it? It was the Diplomatic... 1997  
Billy Evans Horse , Luke E. Lassiter A Tribal Chair's Perspective on Inherent Sovereignty 10 St. Thomas Law Review 79 (Fall, 1997) Many years ago, my grandfather, William Cornbread Tanedooah, who was one of the last Kiowa doctors--or as we say in English, medicine men--passed to me one of his bundles, a bundle possessing buffalo medicine. And with it, my grandfather told me the following story: When the Kiowas were still free on the Plains following the buffalo, there was... 1997 Yes
Gustav Peebles A Very Eden of the Innate Rights of Man? A Marxist Look at the European Union Treaties and Case Law 22 Law and Social Inquiry 581 (Summer, 1997) In this paper I approach the European Union Treaties (Rome and Maastricht) and the European Court of Justice's jurisprudence from a Marxist standpoint. I argue that the treaties and case law of the European Union (EU) revolve around the rights of things (commodities), rather than of people. People primarily gain rights within the EU by... 1997  
Susan Beth Farmer Altering the Balance Between State Sovereignty and Competition: the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 23 Ohio Northern University Law Review 1403 (1997) To paraphrase Justice Stevens' dissent in Seminole Tribe, both the Seminole Tribe case and the antitrust laws are about power in different senses. Seminole Tribe power is the power of federal courts to assert jurisdiction over state governments. The antitrust laws are concerned about market power; the power of firms to raise prices, to fix... 1997 Yes
Thomas Kearns An Examination Of, and Suggested Revisions To, Cercla's Provisions Waiving the Federal Government's Sovereign Immunity from Actions Based on State Law 5 Buffalo Environmental Law Journal 17 (Fall, 1997) I. L2-3,T3Introduction 18. II. L2-3,T3Comprehensive Environmental Response and Liability Act (CERCLA) 24. A. Summary of the History and Purposes of CERCLA. 24 B. CERCLA Liability and Consequences. 27 C. Defenses to CERCLA Liability. 38 III. L2-3,T3State Laws With Similar Purposes as CERCLA 41. IV. L2-3,T3Federal Sovereign Immunity and Its Waiver... 1997  
Patricia A. McKeon An International Criminal Court: Balancing the Principle of Sovereignty Against the Demands for International Justice 12 Saint John's Journal of Legal Commentary 535 (Spring 1997) For the first time in nearly four decades, the international community's aspiration of establishing a permanent international criminal court seems close to becoming a reality. A permanent international criminal court would provide a forum for the adjudication of cases left unresolved by unavailable or ineffective national systems. One of the main... 1997  
Khaldoun A. Baghdadi Apples and Oranges--the Supremacy Clause and the Determination of Self-executing Treaties: a Response to Professor Vazquez 20 Hastings International and Comparative Law Review 701 (Spring 1997) The doctrine of self-executing treaties is currently in a state of disarray. Both courts and scholars have essentially missed the boat in attempting to determine whether or not a specific treaty provision is self-executing. In his recent article entitled The Four Doctrines of Self-Executing Treaties, Professor Carlos Manuel Vazquez attempts to... 1997  
Samantha Catherine Halem At What Cost?: an Argument Against Mandatory Azt Treatment of Hiv-positive Pregnant Women 32 Harvard Civil Rights-Civil Liberties Law Review 491 (Summer, 1997) Children born with the Human Immunodeficiency Virus (HIV) inspire great sympathy. They are only a small segment of the estimated one million people infected in the United States today, but they are the most pitiable because of their innocence. Without the possibility of a cure, these children are sentenced from birth to a slow and painful death.... 1997  
  Autonomy, Sovereignty, and Self-determination. The Accommodation of Conflicting Rights (Rev. Ed.). by Hurst Hannum. Philadelphia: University of Pennsylvania Press, 1996. Pp. X, 534. Price $39.95 (Paperback). Reviewed by Guenther Auth. 22 Yale Journal of International Law 447 (Summer 1997) People worldwide have an increasing consciousness of their membership in an ethnic or national group and its identification with symbols such as history, language, and culture. In the post-Cold War world this has threatened the legitimacy and stability of many multinational states. For example, multinational states such as the former Soviet Union... 1997  
Mathew D. Staver Balancing Federal Court Intervention with State Sovereignty 22 Oklahoma City University Law Review 1143 (Fall 1997) Mathew D. Staver writes about the Abstention Doctrine. The Article provides an analysis of the Anti-Injunction Act and the applicability of the Pullman, Younger, Rooker-Feldman, Brillhart, and Colorado River Abstention Doctrines, paying particular attention to how each doctrine affects a litigator's practice. Most litigators have a vague memory of... 1997  
Susan Beth Farmer Balancing State Sovereignty and Competition: an Analysis of the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 42 Villanova Law Review 111 (1997) C1-3Table of Contents I. The Development of the Doctrine of State Sovereign Immunity Under the Eleventh Amendment. 116 A. The Chisholm Decision. 117 B. The Hans Decision. 122 C. Modern Eleventh Amendment Analysis. 125 II. The Seminole Tribe Decision--The Ascent of the Minority. 132 A. Factual Background. 133 B. Supreme Court's Majority Holding and... 1997 Yes
R.R. Bankruptcy: States May Assert Sovereign Immunity Defense Against Chapter 11 Debtor Hospital Claims 23 American Journal of Law & Medicine 165 (1997) The District Court of the Eastern District of Pennsylvania held that the bankruptcy court did not have subject matter jurisdiction to hear a complaint filed by a Chapter 11 debtor hospital (hospital) against the Pennsylvania Department of Public Welfare (DPW). The court held that the Bankruptcy Code's abrogation of state sovereign immunity violated... 1997  
Rocco P. Cervoni Beating Plowshares into Swords--reconciling the Sovereign Right to Self-determination with Individual Human Rights Through an International Criminal Court: the Lessons of the Former Yugoslavia and Rwanda as a Frontispiece 12 Saint John's Journal of Legal Commentary 477 (Spring 1997) And he shall judge among people and rebuke strong nations afar off; and they shall beat their swords into plowshares, and their spears into pruninghooks: nation shall not lift up a sword against nation neither shall they learn war any more. This century has seen two attempts to bring about worldwide consensus among nation-states to promote... 1997  
Stephanie A. Levin Betting on the Land: Indian Gambling and Sovereignty 8 Stanford Law and Policy Review 125 (Winter, 1997) Recently, more and more Americans have been surprised to discover that Indian tribes are actually separate, and in many ways self-governing, units within the American political structure. While they may have been aware that Indians lived on reservations somewhere, or may have had vague and probably stereotyped images of Indian history and... 1997 Yes
Norman Dorsen Civil Liberties, National Security and Human Rights Treaties: a Snapshot in Context 3 U.C. Davis Journal of International Law and Policy 143 (Spring, 1997) This essay will discuss the impact on civil liberties of concepts and principles of foreign affairs, in particular considerations of national security. It will first situate the present era by summarizing what has gone before. It then will illustrate the current state of affairs by examining the recently enacted Anti-Terrorism Act and the way in... 1997  
Maria Gavouneli Compliance with International Environmental Treaties: the Empirical Evidence 91 American Society of International Law Proceedings 234 (April 9-12, 1997) The panel was convened at 10:45 a.m., Friday, April 11, 1997, by its Chair, Robert F. Van Lierop, who introduced the panelists: Jo Elizabeth Butler, United Nations Conference on Trade and Development (UNCTAD); Alberto SzĂ©kely, former representative from Mexico to the UN Sixth Committee; David G. Victor, International Institute for Applied Systems... 1997  
Mary Katherine Roe Conoco Inc. v. United States: a Narrowing of the Sovereign Acts Doctrine? 3 Ocean and Coastal Law Journal 275 (1997) In Conoco Inc. v. United States, the United States Court of Federal Claims held that the federal government breached oil and gas lease contracts it entered into for the offshore areas of North Carolina by taking actions as required by the Outer Banks Protection Act of 1990 (OBPA). In an attempt to shield itself from liability for this breach of oil... 1997  
Philip W. Berezniak Constitutional Law - Eleventh Amendment - Sovereign Immunity - Federalism - the United States Supreme Court Held That Congressional Powers Pursuant to Article I of the United States Constitution Cannot Be Relied upon to Evade Constitutional Limitations Pl 35 Duquesne Law Review 741 (Winter, 1997) In September of 1991, the Seminole Tribe of Indians (the Tribe) sued the state of Florida (Florida) and its governor alleging that Florida had refused to negotiate conditions that would allow the Tribe to conduct certain gaming or gambling activities on the Seminole reservation as required by the Indian Gaming Regulatory Act (IGRA). In... 1997  
Zoran Stojanovic Constitutional Law--criminal Procedure--equal Protection-- Prosecutorial Discretion--selective Prosecution--the United States Supreme Court Held That Evidence Tending to Show Different Treatment of Similarly Situated Individuals Is Required to Obtain Disc 35 Duquesne Law Review 1073 (Summer, 1997) From February to April of 1992, federal agents penetrated a suspected drug trafficking ring through the use of informants. On several occasions, the informants bought crack cocaine from the defendants, who are African-American, and observed them carrying firearms. The federal agents eventually searched the room in which the drug sales were... 1997  
Colleen F. Walsh Constitutional Law--sovereign Immunity--congress's Article I Powers May Not Abrogate State Sovereign Immunity Granted by the Eleventh Amendment and ex Parte Young Is Inapplicable to Suits Brought under the Indian Gaming Regulatory Act--seminole Tribe v. F 27 Seton Hall Law Review 806 (1997) The concept of sovereign immunity predates the formation of a federal government in the United States. Initially founded on the belief that the King enjoyed immunity from all private suits, some scholars argue that the Tenth Amendment incorporated sovereign immunity into the Constitution. Others claim the protection of sovereign immunity did not... 1997 Yes
Thomas J. Gilliam, Jr. Contracting with the United States in its Role as Regulator: Striking a Bargain with an Equitable Sovereign or a Capricious Siren? 18 Mississippi College Law Review 247 (Fall, 1997) Punctilious fulfillment of contractual obligations is essential to the maintenance of the credit of public as well as private debtors. Modern commerce is founded upon the reliability of contracts, andin the event of a breachupon the availability of damages. Normally, there is no need for a party to a contract to speculate whether the opposite... 1997  
Steven L. Snell Controlling Restrictive Business Practices in Global Markets: Reflections on the Concepts of Sovereignty, Fairness, and Comity 33 Stanford Journal of International Law 215 (Summer 1997) C1-3Table of Contents Introduction. 216 I. The Search for International Consensus. 221 A. Restrictive Business Practices and the United Nations: A Proposed Multilateral Approach. 222 B. The Draft International Antitrust Code and the GATT. 229 C. Bilateral Solutions. 233 II. Extraterritoriality and U.S. Antitrust Law. 236 A. Extraterritoriality in... 1997  
David Z. Nirenberg and Steven L. Kopp Credit Derivatives: Tax Treatment of Total Return Swaps, Default Swaps, and Credit-linked Notes 87 Journal of Taxation 82 (August, 1997) While the tax law struggles to catch up, the world of finance moves on. An entire category of derivative financial instruments is based on credit risk rather than equity performance, and yet there is no authoritative guidance as to their proper tax treatment. Analogies to equity-based derivatives and analysis of the rules governing swaps, options,... 1997  
H. Westley Clark, M.D., J.D., M.P.H. , Terry Michael McClanahan, M.A. , Karen L. Sees, D.O. Cultural Aspects of Adolescent Addiction & Treatment 31 Valparaiso University Law Review 647 (Spring, 1997) In this penultimate period of the Twentieth Century, a tremendous opportunity exists to address the prevention and treatment needs of adolescent substance users and abusers. Resources, both public and private, have to be mobilized to address these issues in a rational and effective manner. It is insufficient to simply use the current thrust toward... 1997  
Henry H. Perritt, Jr. Cyberspace and State Sovereignty 3 Journal of International Legal Studies 155 (Summer 1997) In April of 1996 the United States Institute for Peace conducted a conference on Virtual Diplomacy, exploring the interaction between new information technologies and international conflict management. During the conference many speakers observed that information technology threatens traditional political institutions. One panel explored the... 1997  
David Wippman Defending Democracy Through Foreign Intervention 19 Houston Journal of International Law 659 (Spring 1997) I. Introduction. 659 II. Disagreements on Democracy. 664 III. Legal Constraints on Intervention. 670 IV. Practical Constraints on Intervention. 677 A.Institutional Mechanisms for the Promotion of Democracy. 678 B. Political and Resource Limitations. 681 C. The Difficulties of Targeted Sanctions. 683 D. Uncertain Benefits of Intervention. 684 V.... 1997  
Robert Matz Dual Sovereignty and the Double Jeopardy Clause: If at First You Don't Convict, Try, Try Again 24 Fordham Urban Law Journal 353 (Winter 1997) On August 10, 1994, the United States indicted Lemrick Nelson for violating the civil rights of Yankel Rosenbaum, an Australian rabbinical student. Two years earlier, however, a New York State jury acquitted Nelson of Rosenbaum's murder. Did the federal indictment serve justice or did it violate Nelson's Fifth Amendment right under the Double... 1997  
A. Dan Tarlock Exclusive Sovereignty Versus Sustainable Development of a Shared Resource: the Dilemma of Latin American Rainforest Management 32 Texas International Law Journal 37 (Winter 1997) I. Introduction: The Need for Sustainable Development. 38 II. The Wall of National Sovereigty. 43 A. The Right to Develop: A Modern Manifestaiton of Sovereignty. 43 B. Limitations on the Use of Sovereign Resources. 45 C. What is Commons?. 46 III. Sustainable Development: A Universal But Site-Specific Biodiversity Proteciton Principle?. 51 A. The... 1997  
Wambdi Awanwicake Wastewin Federal Courts--Indians: the Eleventh Amendment and Seminole Tribe: Reinvigorating the Doctrine of State Sovereign Immunity 73 North Dakota Law Review 517 (1997) In the United States, there are three major governmental entities: the federal government, state governments, and tribal governments. In March of 1996, the Supreme Court in Seminole Tribe v. Florida case reassessed the balance of power between these three governmental entities. This reassessment cast into doubt certain previously relied upon... 1997 Yes
Daniel R. Fung, QC, JP Foundation for the Survival of the Rule of Law in Hong Kong--the Resumption of Chinese Sovereignty 1 UCLA Journal of International Law and Foreign Affairs 283 (Fall/Winter 1996-1997) On the eve of the Third Millennium, after more than a century-and-a-half of British rule, Hong Kong will embark on an unprecedented journey of self-discovery into terra incognita like an intrepid explorer from a bygone era. In this instance, however, roadmaps mark the way. During this journey, Hong Kong will attempt to metamorphose from a British... 1997  
Deborah Epstein Free Speech at Work: Verbal Harassment as Gender-based Discriminatory (Mis) Treatment 85 Georgetown Law Journal 649 (February, 1997) In his reply to my article on workplace harassment law and freedom of speech, Professor Volokh does not respond to my most important critiques of his earlier work. For example, he fails to grapple with the true complexity of the problem by focusing exclusively on one side of this conflict of rights--the burden that the law imposes on workplace... 1997  
J. Chadwick Mask Gambling Debts: Should Policy Considerations Affect Their Treatment under the Bankruptcy Code 67 Mississippi Law Journal 323 (Fall 1997) Federal bankruptcy law is premised on the notion that the honest but unfortunate debtor should be given a fresh start in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. The Bankruptcy Code achieves this objective by permitting the discharge of the debtor's pre-petition debts while... 1997  
Adam Karp Genitorts in the Global Context: Female Genital Mutilation as a Tort under the Alien Tort Claims Act, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act 18 Women's Rights Law Reporter 315 (Spring 1997) To this day, village healers, religious leaders, and unwittingly misogynist parents continue their atavistic crusade to genitally mutilate all of their daughters. The practice has physically and psychologically impaired over 100 million women worldwide to a degree perhaps worse than rape. It leaves the female susceptible to disease, childbirth... 1997  
Richard Thompson Ford Geography and Sovereignty: Jurisdictional Formation and Racial Segregation 49 Stanford Law Review 1365 (July, 1997) This article contrasts the constitutional treatment of two types of territorially defined political subdivisions: local governments and electoral districts. The Supreme Court treats racially segregated electoral districts as constitutionally suspect while generally insulating more severely segregated local governments from constitutional scrutiny.... 1997  
Phillip R. Trimble Globalization, International Institutions, and the Erosion of National Sovereignty and Democracy 95 Michigan Law Review 1944 (May, 1997) In the debate over whether to join the new World Trade Organization (WTO), Pat Buchanan had a point when he argued that U.S. adherence amounted to a significant loss of sovereignty. The new organization, with its rules and compulsory adjudication, will surely constrain in significant ways the ability of the United States--including that of... 1997  
Jesse H. Hamner, Aaron T. Wolf I. Patterns in International Water Resource Treaties: the Transboundary Freshwater Dispute Database 1997 Colorado Journal of International Environmental Law and Policy 157 (1997) Approximately 265 international watersheds, and an untold number of transboundary aquifers, cover about one-half of the globe's land surface. This vital resource--a scarce resource which has no substitute, which has poorly developed international law, and the need for which is overwhelming, constant, and immediate --has driven its share of... 1997  
Christopher Buchholtz Ii. Constitutional Law 75 North Carolina Law Review 2281 (September, 1997) The Eleventh Amendment to the United States Constitution provides: 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. The Amendment was ratified in response to... 1997  
Christopher Buchholtz Ii. Constitutional Law 75 North Carolina Law Review 2281 (September, 1997) The Eleventh Amendment to the United States Constitution provides: 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. The Amendment was ratified in response to... 1997  
Daniel Vice Implementation of Biodiversity Treaties: Monitoring, Fact-finding, and Dispute Resolution 29 New York University Journal of International Law & Politics 577 (Summer 1997) This is the first moment in the history of our planet when any species, by its own voluntary actions, has become a danger to itself--as well as to vast numbers of others. . . . We humans have already precipitated extinctions on a scale unprecedented since the end of the Cretaceous Period. But only in the last decade has the magnitude of these... 1997  
Andrew I. Gavil Interdisciplinary Aspects of Seminole Tribe v. Florida: State Sovereign Immunity in the Context of Antitrust, Bankruptcy, Civil Rights and Environmental Law 23 Ohio Northern University Law Review 1393 (1997) This Mini-Symposium was originally conducted as a live program at the Annual Conference of The Association of American Law Schools, January 7, 1997, in Washington, D.C. The impetus for the program was the Supreme Court's March 27, 1996, decision in Seminole Tribe v. Florida, in which it held that the Eleventh Amendment bars Congress from... 1997 Yes
Christina M. Cerna International Law and the Protection of Human Rights in the Inter-american System 19 Houston Journal of International Law 731 (Spring 1997) II. Sovereignty Versus International Jurisdiction. 732 III. The Normative Status of Decisions Issued by the Current Institutional Human Rights Mechanisms Within the OAS. 739 A. The Normative Status of Reports of the Commission Applying the American Declaration of the Rights and Duties of Man to States not Parties to the American Convention on Human... 1997  
John Conyers, Jr. Is the United States Constitution a "Rough Draft"? An Open Letter to the 105th Congress 6 Widener Journal of Public Law 323 (1997) Welcome to the 105th Congress. On January 7, 1997, you took an oath of office pledging to support and defend the Constitution. The question we need to ask ourselves is whether, by the end of the 105th Congress, the Constitution and the Bill of Rights will continue to protect our fundamental rights and liberties in the same basic form as was laid... 1997  
by Kevin J Worthen Kiowa Tribe of Oklahoma 1997-98 Preview of United States Supreme Court Cases 232 (12/30/1997) The Supreme Court has recognized that Indian tribes, like other sovereigns in our governmental system, enjoy sovereign immunity the right not to be sued without their consent. The issue in this case is whether tribal sovereign immunity extends to suits in state court arising from a tribe's business activities that occur outside Indian country.... 1997 Yes
Roy E. Thoman Law, Power, and the Sovereign State: the Evolution and Application of the Concept of Sovereignty, by Michael R. Fowler and Julie M. Bunck. University Park, Pennsylvania: the Pennsylvania State University Press, 1995. Pp. 200. $13.95 (Softcover). 30 George Washington Journal of International Law and Economics 583 (1996-1997) Michael R. Fowler and Julie M. Bunck, both members of the Department of Political Science at the University of Louisville, have made a significant contribution by producing an outstanding work on sovereignty, a key concept serving as the foundation for all international relations and international law. They were motivated to write the book, in... 1997  
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