AuthorTitleCitationSummaryYearKey Terms
Richard B. Bilder, Donat Pharand, University of Ottawa The Svalbard Treaty. From Terra Nullius to Norwegian Sovereignty. By Geir Ulfstein. Oslo, Copenhagen, Stockholm, Boston: Scandinavian University Press, 1995. Pp. 564. Index. Nkr 598; $98; £62. 91 American Journal of International Law 201 (January, 1997) Geir Ulfstein, Senior Lecturer at the Institute of Public and International Law, University of Oslo, has presented us with the most complete analysis of the Svalbard Treaty ever published in English and probably in any language. In addition to the 564 pages of text and footnotes, the book contains six appendices: a list of official documents, a... 1997  
Richard B. Bilder, Donat Pharand, University of Ottawa The Svalbard Treaty. From Terra Nullius to Norwegian Sovereignty. By Geir Ulfstein. Oslo, Copenhagen, Stockholm, Boston: Scandinavian University Press, 1995. Pp. 564. Index. Nkr 598; $98; £62. 91 American Journal of International Law 201 (January, 1997) Geir Ulfstein, Senior Lecturer at the Institute of Public and International Law, University of Oslo, has presented us with the most complete analysis of the Svalbard Treaty ever published in English and probably in any language. In addition to the 564 pages of text and footnotes, the book contains six appendices: a list of official documents, a... 1997  
Robert J. Kaczorowski The Tragic Irony of American Federalism: National Sovereignty Versus State Sovereignty in Slavery and in Freedom 45 University of Kansas Law Review 1015 (July, 1997) A plurality on the Supreme Court seeks to establish a state-sovereignty-based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional first principles of the Founders. These first principles, in their view, attribute all governmental authority... 1997  
Lisa J. Soto The Treatment of the Spanish Language and Latinos in Education in the Southwest, in the Workplace, and in the Jury Selection Process 3 Hispanic Law Journal 73 (1997) Persistent failure to consider bilingualism a cultural asset has made it an additional problem rather than a promising opportunity. Ernesto Galarza. I. Introduction. 74 II. The Spanish Language and Latino Cultures: An Overview. 75 III. Education. 76 Post Segregation . . . . 77 IV. The Workplace. 80 EEOC Guidelines Solve . . . . 84 V. The Jury... 1997  
Anita Bernstein Treating Sexual Harassment with Respect 111 Harvard Law Review 445 (12/1/1997) L1-4,T1Introduction. .446 I. L2-4,T2On Reason and Reasonableness as They Pertain to Sexual Harassment. .455 A. L3-4,T3The Trouble with Reason. .456 1. S50The Tradition of Exclusion. .456 2. Emotion. .460 3. Sex and Reason. .462 B. L3-4,T3The Trouble with a Reasonable Person Standard. .464 1. Does the Reasonable Man Lurk Below? The Cipher of... 1997  
Robert B. Porter Tribal Lawyers as Sovereignty Warriors 6-WTR Kansas Journal of Law & Public Policy Pol'y 7 (Winter, 1997) Nya-weh. Thank you for the opportunity to be here with you today. My remarks will focus on my view of Tribal Lawyers as Sovereignty Warriors. First, I am going to talk about my own personal experience in becoming a tribal lawyer. Second, I will discuss the nature of lawyering, both generally, and specifically with respect to tribal lawyering.... 1997 Yes
Honorable Ada Deer Tribal Sovereignty in the Twenty-first Century 10 St. Thomas Law Review 17 (Fall, 1997) Tribal sovereignty is a concept and a reality that is as old as the tribes themselves. That constitutes tens of thousands of years! Yet, in a mere two-year election cycle of the United States House of Representatives, there can be a significant change in whether new House members understand or choose to honor the centuries-old... 1997 Yes
John Tahsuda Twenty-first Century Wampum: the Use of Iroquois Diplomatic Protocols in Aboriginal Land Claim Negotiations 10 St. Thomas Law Review 149 (Fall, 1997) In modern times, problems continue in achieving effective negotiations between native and non-native groups. There are cultural differences and communication problems between native and non-native groups that block any attempt to promote effective negotiations and that reach long-term solutions to problems between the two groups. Without effective... 1997  
Sara L. Gottovi United States v. Lopez, Theoretical Bang and Practical Whimper? An Illustrative Analysis Based on Lower Court Treatment of the Child Support Recovery Act 38 William and Mary Law Review 677 (January, 1997) When parents separate, children may suffer. Their suffering is . often made much worse through the deliberate failure of a parent to comply with legally imposed child support obligations. In the fall of 1992, Congress passed the Child Support Recovery Act (the Act or CSRA) in an effort to end this suffering of children and their custodial... 1997  
Kathryn R.L. Rand , Steven A. Light Virtue or Vice? How Igra Shapes the Native American Gaming, Sovereignty, and Identity 4 Virginia Journal of Social Policy and the Law 381 (Winter 1997) The casino is not a statement of who we are, but only a means to get us to where we want to be. We had tried poverty for 200 years, so we decided to try something else. --Ray Halbritter, Nation Representative, Oneida Indian Nation of New York, and Chief Executive Officer, Oneida Indian Nation Enterpises Whether regarded as virtue or vice, gaming... 1997 Yes
Pat Hanley Warrantless Searches Native Alaskan Villages: a Permissible Exercise of Sovereign Rights or an Assault on Civil Liberties? 14 Alaska Law Review 471 (12/1/1997) This Article analyzes the legality of border searches employed by Native Alaskan villages (NAVs) to prevent the importation of alcohol into their communities. The Article first discusses the application of the search and seizure requirements of the Fourth Amendment and Indian Civil Rights Act to NAVs, finding that the recent federal recognition... 1997 Yes
  Welfare Reform--treatment of Legal Immigrants--congress Authorizes States to Deny Public Benefits to Noncitizens and Excludes Legal Immigrants from Federal Aid Programs.--personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 110 Harvard Law Review 1191 (March, 1997) During the 1996 campaign, immigrants and welfare recipients sustained repeated political attacks from candidates seeking to capitalize on voter anxiety about job security and the decay of the nation's welfare system. Not surprisingly, people who are both immigrants and welfare recipients found themselves particularly vulnerable during the final... 1997  
Harold Hongju Koh Why Do Nations Obey International Law? 106 Yale Law Journal 2599 (June, 1997) Why do nations obey international law? This remains among the most perplexing questions in international relations. Nearly three decades ago, Louis Henkin asserted that almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time. Although empirical work since then seems largely... 1997  
Matthew Machado X. Mounting Opposition to Biosphere Reserves and World Heritage Sites in the United States Sparked by Claims of Interference with National Sovereignty 1997 Colorado Journal of International Environmental Law and Policy 120 (1997) In response to fears that sovereignty over land management decisions was being compromised by land designations under United Nations programs, the United States House of Representatives passed House Bill 901, The American Land Sovereignty Protection Act. The Act is mainly aimed at two types of land designations in the United States that currently... 1997  
Keith Aoki (Intellectual) Property and Sovereignty: Notes Toward a Cultural Geography of Authorship 48 Stanford Law Review 1293 (May, 1996) Keith Aoki discusses the challenge that the rise of digital information technology poses to traditional legal conceptions of property. He chronicles the evolution of the idea of property and its relationship to sovereignty in Anglo-American law. In contrast to developments in other areas of property law, the legal characterization and... 1996  
Johanna Matanich A Treaty Comes of Age for the Ancient Ones: Implications of the Law of the Sea for the Regulation of Whaling 8 International Legal Perspectives 37 (Spring 1996) Whales exist today at the center of an anthropological conflict between economics and ecology. More importantly, they exist amid competing international viewpoints on what economics and ecology mean. The International Convention for the Regulation of Whaling is the primary international body regulating human interaction with whales. In 1946, it was... 1996  
Joseph E. Miller III Abrogating Sovereign Immunity Pursuant to its Bankruptcy Clause Power: Congress Went Too Far! 13 Bankruptcy Developments Journal 197 (Winter 1996) The principle of state sovereign immunity has historically been recognized by the legislative and judicial bodies of our nation as an essential component of the American system of government. Imbedded in the political framework of our nation to balance competing national and state interests, sovereign immunity was afforded implicit constitutional... 1996  
Christo Lassiter An Annotated Descriptive Summary of State Statutes, Judicial Codes, Canons, and Court Rules Relating to Admissibility and Governance of Cameras in the Courtroom 86 Journal of Criminal Law and Criminology 1019 (Spring 1996) ALA. CANONS OF JUD. ETHICS CANON 3(A) (MICHIE 1993): ADJUDICATIVE RESPONSIBILITIES. (7) Generally prohibits cameras in trial and appellate courtrooms, except in the exercise of sound discretion, they may be authorized for: (A) presentation of evidence, perpetuation of the record, and other purposes of judicial administration. (B) investitive,... 1996  
Vicki J. Limas Article Abstracts 17 Berkeley Journal of Employment and Labor Law 174 (1996) The abstracts section, a regular feature of the Journal, contains summaries of recent labor- and employment-related articles, comments and notes published in law reviews and journals nationwide. In addition, the section lists citations to recent articles of interest which are not summarized. The article summaries and citations are categorized under... 1996  
  B. United States v. Lopez: the Commerce Clause Vs. State Sovereignty, Once Again 22 Journal of Contemporary Law 158 (1996) In United States v. Lopez, the Supreme Court, for the first time in almost sixty years, struck down a congressional statute regulating private parties as beyond the reach of the commerce power of Article I Section 8 of the United States Constitution. This controversial case produced a fragmented five-four decision through six different opinions... 1996  
Patricia C. Kuszler Balancing the Barriers: Exploiting and Creating Incentives to Promote Development of New Tuberculosis Treatments 71 Washington Law Review 919 (October, 1996) Tuberculosis is one of the great medical paradoxes of our age. There are powerful drugs to cure the disease, yet it is far from being eradicated. Instead, it has re-emerged with the deadly form--the multidrug-resistant tuberculosis . . . and it is gaining the upper hand unless other new effective drugs are discovered soon . . . . As we face the... 1996  
Steven Paul Mcsloy Because the Bible Tells Me So: Manifest Destiny and American Indians 9 Saint Thomas Law Review 37 (Fall 1996) The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much. What redeems it is the idea only. An idea at the back of it; not a sentimental pretense but an idea; and an unselfish belief in the... 1996 Yes
Michael Kukuk Bioremediation: a Growing Trend in Pollution Treatment and Control 4 Missouri Environmental Law & Policy Review 11 (1996) On the list of things that people feel warm and fuzzy about, bacteria are somewhere between traffic jams and taxes. Bacteria are responsible for botulism poisoning and infections on skinned knees. In 1976, they killed 29 people at a Legionnaire's convention in Philadelphia. Just recently, because of them, one person died and more than 600 became... 1996  
Alex Tallchief Skibine Braid of Feathers: Pluralism, Legitimacy, Sovereignty, and the Importance of Tribal Court Jurisprudence 96 Columbia Law Review 557 (March, 1996) In his book Braid of Feathers, Frank Pommersheim weaves a braid composed of the strands that he believes are both important and necessary to the survival of Indian tribes as distinct political and cultural institutions. The feathers in the braid making up the Indian world include: the Indian land base, the legal and political status of the tribes,... 1996 Yes
Michael H. Gottesman Chickens Come Home to Roost: Have American Treaties Fenced off Some of Our Best Jobs from Americans? 27 Law and Policy in International Business 601 (Spring, 1996) The worm has turned, the pendulum swung, the chickens come home to roost. The bully is hoist on his own petard, there to suffer his just desserts. Our language abounds in metaphors reflecting our delight in David-and-Goliath stories, in which underdogs rise up to bite their oppressors. Here's one such story you may not find so delightful. The... 1996  
Charles Liu Chinese Sovereignty and Joint Development: a Pragmatic Solution to the Spratly Islands Dispute 18 Loyola of Los Angeles International and Comparative Law Journal 865 (September, 1996) The South China Sea contains a collection of tiny islands known as the Spratlys, which are the subject of a sovereignty dispute between China, Vietnam, the Philippines, Malaysia, and Brunei (claimants). Following World War II, the Spratlys remained largely unnoticed, except for a small Chinese garrison stationed there, and China's and Vietnam's... 1996  
Bradley C. Karkkainen Comment: Conceptions of Fiscal Federalism: Dual and Shared Sovereignty 2 Columbia Journal of European Law 565 (Spring/Summer, 1996) The principal papers presented here, by Lerke Osterloh and Richard Briffault, are highly informative and illuminating. The authors analyze the factual realities and practical limitations, as well as the legal underpinnings, of the fiscal constitutions of three federal systems: the United States, Germany, and the European Union. These papers thus... 1996  
Kevin C. Kennedy Conditional Approval of Treaties by the U.s. Senate 19 Loyola of Los Angeles International and Comparative Law Journal 89 (October, 1996) Article II, Section 2 of the U.S. Constitution provides that [the President] shall have power, by and with the Advice and Consent of the Senate, to make treaties. Beginning in the late 1980s and continuing into the 1990s, the Senate approved several human rights treaties that the political process had previously set aside. The Senate included a... 1996  
Wendy Collins Perdue Conflicts and Dependent Sovereigns: Incorporating Indian Tribes into a Conflicts Course 27 The University of Toledo Law Review 675 (Spring, 1996) SEVERAL years ago, the AALS Section on Conflict of Laws did a program on conflicts involving Native American tribal law. That program highlighted that in addition to the federal and state governments, there is a third category of governmental entity in this county, i.e., Indian Tribes, and these entities provide a fascinating arena in which to... 1996 Yes
Nestor M. Davidson Constitutional Mass Torts: Sovereign Immunity and the Human Radiation Experiments 96 Columbia Law Review 1203 (June, 1996) On April 10, 1945, a few months before the first atomic bomb test at Trinity, New Mexico, doctors at a hospital near the Manhattan Project installation at Oak Ridge, Tennessee injected the victim of a car accident with plutonium. Project staff neither informed the patient of the nature of the experiment nor sought his consent. Federal officials,... 1996  
Michael H. Imbacuan Crow Dog's Case: American Indian Sovereignty, Tribal Law, and the United States Law in the Nineteenth Century, by Sidney L. Harring. Cambridge: Cambridge University Press, 1994. Pp. Viii, 301. 22 New York University Review of Law and Social Change 728 (1996) Crow Dog's Case, by Sidney Harring, offers a social history of American Indian law. Setting his book apart from familiar legal histories which limit their focus to courts and cases, Harring articulates and implements his premise that a proper understanding of American Indian law requires an acknowledgment of and appreciation for the social and... 1996 Yes
Alberto Szekely, J. Alan Beesley, Albert E. Utton Cuixmala Model Draft Treaty for the Protection of the Environment and the Natural Resources of North America 36 Natural Resources Journal 591 (Summer, 1996) The basic research paper for the preparation of this Model Draft Treaty was carried out and published by Alberto Székely under the title Establishing a Region for Ecological Cooperation in North America, in 32 Nat. Resources J. 563 (1992). The Cuixmala Model Draft was then prepared by the International Transboundary Resources Center's (CIRT)... 1996  
Allen H. Sanders Damaging Indian Treaty Fisheries: a Violation of Tribal Property Rights? 17 Public Land & Resources Law Review 153 (1996) In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... 1996 Yes
David J. Bederman Dead Man's Hand: Reshuffling Foreign Sovereign Immunities in U.s. Human Rights Litigation 25 Georgia Journal of International and Comparative Law 255 (1995/1996) Those litigating human rights claims in the federal courts of the United States have had a run of especially good luck of late. The adoption of the Torture Victim Protection Act (TVPA) in 1991, along with notable victories in the Marcos cases, Paul v. Avril, and Taye v. Negewo, have galvanized the human rights advocacy community here. There have... 1996  
P.R.V. Raghavan Decision Confuses Tax Status, Treaty Benefits for Companies Doing Business in India 7 Journal of International Taxation 427 (September, 1996) A December 1995 decision by the Authority for Advance Ruling (AAR) in India is creating confusion regarding the tax status of U.S. and other foreign companies investing in India. It has also called into question when these companies would be entitled to treaty benefits. National Westminster Bank (NatWest), a U.K. bank, formed two wholly owned... 1996  
Thomas Michael McDonnell Defensivley Invoking Treaties in American Courts-jurisdictional Challenges under the U.n. Drug Trafficking Convention by Foreign Defendents Kidnapped Abroad by U.s. Agents 37 William and Mary Law Review 1401 (Summer, 1996) Article VI of the United States Constitution makes treaties the supreme Law of the Land. Through this clause, the Framers intended, among other things, to grant foreigners the right to invoke treaties in American courts. The Framers thereby hoped to avoid conflicts with a foreigner's home country. The potential for such conflict rises when our... 1996  
Astrid A.M. Mattijssen, Charlene L. Smith Dutch Treats: the Lessons the U.s. Can Learn from How the Netherlands Protects Lesbians and Gays 4 American University Journal of Gender & the Law 303 (Spring 1996) Imagine the following: a small militant religious group led by the Reverend Goeree publishes a journal entitled Evan. An article in the journal's most recent edition attacks homosexuals under the banner headline Sodom is Everywhere. Reverend Goeree reprints the article in pamphlets and distributes it widely throughout the country. Included in the... 1996  
Jason D. Kolkema Federal Policy of Indian Gaming on Newly Acquired Lands and the Threat to State Sovereignty: Retaining Gubernatorial Authority over the Federal Approval of Gaming on Off-reservation Sites 73 University of Detroit Mercy Law Review 361 (Winter 1996) Indian gaming is often called the New Buffalo by many Native Americans. The industry is aptly named due to the fact that it has provided tribal nations with the first real means of maintaining an autonomous existence since the great buffalo roamed the plains centuries ago. Since 1987, Indian tribes have increasingly taken advantage of the... 1996 Yes
Michael W. Grainey , Dirk A. Dunning Federal Sovereign Immunity: How Self-regulation Became No Regulation at Hanford and Other Nuclear Weapons Facilities 31 Gonzaga Law Review 83 (1995-1996) I. Introduction. 84 II. Hanford: A Case Study in the Legacy of Self-Regulation. 85 A. Past Waste Management Practices. 85 B. Environmental Restoration and Disposal Facility. 92 III. Inadequate Federal Regulation. 95 IV. State Regulation of Federal Facilities. 96 V. The Doctrine of Sovereign Immunity and Recent Attempts to Curb Its Effect. 98 A.... 1996  
Danny Abir Foreign Sovereign Immunities Act: the Right to a Jury Trial in Suits Against Foreign Government-owned Corporations 32 Stanford Journal of International Law 159 (Summer, 1996) The King Can Do No Wrong!? In the United States, the Foreign Sovereign Immunities Act (the FSIA or the Act) is the sole basis for federal subject matter jurisdiction in civil actions against foreign states. The Act authorizes federal jurisdiction over any non-jury civil action brought by American plaintiffs against a foreign state. A... 1996  
Scott Finet Habitat Protection and the Migratory Bird Treaty Act 10 Tulane Environmental Law Journal L.J. 1 (Winter 1996) I. Introduction: The Acceleration of Extinction. 2 II. The Origins and Interpretations of the Migratory Bird Treaty Act. 5 A. Forces that Contributed to the Coreation of MBTA. 5 B. The Migratory Bird Treaty Act's Legislative History. 7 C. The MBTA Treaties. 9 D. Pre-ESA MBTA CAses. 11 E. Factors Influencing the MBTA Habitat Preservation Cases. 13... 1996  
Keith M. Stolte If it Walks like a Duck: a Proposal to Unify U.s. Customs' Treatment of Infringing Imports 29 John Marshall Law Review 711 (Spring 1996) A United States Customs Service official from Seattle contacted the General Counsel of ACME Widget Company, a world leader in the manufacture and sale of widgets, and informed her that Customs had seized an imported shipment of 500,000 widgets which bore the trademark WIGGIES. This mark was identical to a registered trademark under which ACME... 1996  
John K. Gamble , (with the Research Assistance of Donald Wagner) International Law and the Information Age 17 Michigan Journal of International Law 747 (Spring 1996) Introduction . 748 I. Information-Seeking Techniques . 751 A. Assumptions About, and Approaches to, Research . 752 B. An Inventory of Electronic Systems . 760 1. Lexis . 760 2. Westlaw . 762 3. QUICKLAW . 764 4. CD-ROM . 766 5. The Internet . 767 6. Discussion Groups, e.g., INT-LAW . 770 7. Multilaterals Project . 771 C. Hypertext . 773 II.... 1996  
Teresa L. Peters International Refugee Law the Treatment of Gender-based Persecution: International Initiatives as a Model and Mandate for National Reform 6 Transnational Law & Contemporary Problems 225 (Spring, 1996) I. Introduction. 226 II. Factual and Historical Background. 227 A. Overarching History of Immigration Prior to 1951. 227 B. Early International Response to the Plight of Refugees. 230 C. The Unique Situation of Female Refugees. 231 III. International Recognition and Response to the Need for Protection of Women. 234 A. Documents Pertaining to Women... 1996  
Martin A. Rogoff Interpretation of International Agreements by Domestic Courts and the Politics of International Treaty Relations: Reflections on Some Recent Decisions of the United States Supreme Court 11 American University Journal of International Law and Policy 559 (1996) In its 1993 decision in Sale v. Haitian Centers Council, Inc., the United States Supreme Court upheld the policy of the Clinton administration of intercepting on the high seas Haitians bound by ship for the United States and forcibly repatriating them without first determining whether they could be classified as refugees, thereby qualifying for... 1996  
Joshua I. Schwartz Liability for Sovereign Acts: Congruence and Exceptionalism in Government Contracts Law 64 George Washington Law Review 633 (April, 1996) This Article explores two doctrines that have been employed to relieve the United States of liability for certain kinds of governmental actions that interfere with performance of a federal governmental contract. The scope and rationale of each of these two doctrines, the sovereign acts doctrine and the unmistakability doctrine, have been far from... 1996  
James L. Wescoat, Jr. Main Currents in Early Multilateral Water Treaties: a Historical-geographic Perspective, 1648-1948 7 Colorado Journal of International Environmental Law and Policy 39 (Winter, 1996) Phrases like water for peace, water wars, integrated water management, hydropolitics, and water sharing have become common in international water policy discussions of the past decade. Although most recently applied to the Middle East, these expressions have also found currency in Asia, North America, multilateral forums, and elsewhere.... 1996  
A.J. Tangeman Nafta and the Changing Role of State Government in a Global Economy: Will the Nafta Federal-state Consultation Process Preserve State Sovereignty? 20 Seattle University Law Review 243 (Fall 1996) Over the last several years, state and federal officials have become increasingly concerned about the security of state sovereignty in the face of the United States government's aggressive trade policy. As barriers among countries diminish and the domestic and foreign spheres of government become more integrated, a state's ability to regulate and... 1996  
Robert Batey Naked Lunch for Lawyers: William S. Burroughs on Capital Punishment, Pornography, the Drug Trade, and the Predatory Nature of Human Interaction 27 California Western International Law Journal 101 (Fall 1996) At eighty-two, William S. Burroughs has become a literary icon, arguably the most influential American prose writer of the last 40 years, the rebel spirit who has witch-doctored our culture and consciousness the most. In addition to literature, Burroughs' influence is discernible in contemporary music, art, filmmaking, and virtually any other... 1996  
Matthew Schaefer National Review of Wto Dispute Settlement Reports: in the Name of Sovereignty or Enhanced Wto Rule Compliance? 11 Saint John's Journal of Legal Commentary 307 (Spring 1996) The Uruguay Round of Multilateral Trade Negotiations expanded the scope of substantive obligations within the world trading system to include rules on trade-in-services and trade-related intellectual property rights. This Round also strengthened existing rules relating to trade-in-goods, including a forty percent reduction in worldwide tariffs and... 1996  
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