AuthorTitleCitationSummaryYearKey Terms
Erik G. Luna Sovereignty and Suspicion 48 Duke Law Journal 787 (February, 1999) Most academics agree that search and seizure jurisprudence is a mess. Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This... 1999  
Dagmar Thorpe Sovereignty, a State of Mind: a Thakiwa Citizen's Viewpoint 23 American Indian Law Review 481 (1998/1999) This symposium has been convened, and I quote because Native American peoples and their governments are embarking on the most challenging period of their history with the United States of America. In large measure this is because indigenous languages are racing toward extinction and, consequently, Native American cultural and social distinctiveness... 1999  
Mark L. Movsesian Sovereignty, Compliance, and the World Trade Organization: Lessons from the History of Supreme Court Review 20 Michigan Journal of International Law 775 (Summer 1999) Introduction. 776 I. Dispute Settlement in the WTO. 783 A. The DSU. 783 B. The Debate on the DSU. 791 II. The Conflict Over Supreme Court Review. 795 A. The Conflict With Virginia, 1814-22. 796 B. Georgia and the Crisis of 1830-32. 803 C. The Conflict With Wisconsin, 1854-59. 808 III. Sovereignty, Compliance, and the WTO: Lessons From American... 1999  
Mariana M. Baquero Sovereignty: Organized Hypocrisy. By Stephen D. Krasner. Princeton University Press, 1999. Pp. Ix, 264. $49.50 (Cloth), $16.95 (Paper). 32 New York University Journal of International Law & Politics 221 (Fall 1999) Some observers of international relations have argued that sovereignty, a long-standing norm in the international arena, is being fundamentally compromised by new international norms such as universal human rights. In Sovereignty: Organized Hypocrisy, Stephen D. Krasner challenges the idea that globalization is producing fundamental changes in... 1999  
James Y. Ho State Sovereign Immunity and the False Claims Act: Respecting the Limitations Created by the Eleventh Amendment upon the Federal Courts 68 Fordham Law Review 189 (October, 1999) Congress enacted the False Claims Act (FCA or Act) in 1863 as a whistleblower statute. The Act provides that a person having knowledge of fraud perpetrated upon the federal government may bring suit against the defrauder on behalf of himself and on behalf of the United States. By doing so, the whistleblower is deemed to be a qui tam relator.... 1999  
Ernest A. Young State Sovereign Immunity and the Future of Federalism 1999 Supreme Court Review Rev. 1 (1999) The states are winning more federalism cases at the Supreme Court these days than at any time since the New Deal. Important decisions have reinvigorated limits on the federal commerce power, imposed clear statement rules for a variety of congressional impositions on state authority, and crafted new limits on the ability of the federal government to... 1999  
KEITH E. SEALING State Sponsors of Terrorism Are Entitled to Due Process Too: the Amended Foreign Sovereign Immunities Act Is Unconstitutional 15 American University International Law Review 395 (1999) INTRODUCTION. 396 I. CONCEPTS OF PERSONAL JURISDICTION. 398 A. Personal Jurisdiction Under International Law. 399 B. Specific Personal Jurisdiction. 400 C. The Effects Test. 412 1. Calder and Company. 412 2. Questioning and Narrowly Construing Calder. 418 D. General Personal Jurisdiction. 424 II. THE FSIA AND FLIGHT 103. 426 A. Sovereign... 1999  
William J. Dodge Succeeding in Seceding?: Internationalizing the Quebec Secession Reference under Naftait Is Proposed That Quebec Become a Sovereign Country Through the Democratic Process. (. . .) An Economic Association with Canada Would Be Maintained in Order to Preserv 34 Texas International Law Journal 287 (Spring 1999) I. Introduction. 287 II. The Quebec Secession Reference (QSR). 290 A. The Referendum and the Potential for Civil Unrest. 290 B. Secession in Canadian Courts: The Legal Challenge. 294 C. The Quebec Secession Reference Decision. 296 1. Secession Under Canadian Law. 296 2. The International Question. 299 3. Reaction to the Court's Decision. 298 III.... 1999  
Francis X. Sullivan The "Usurping Octopus of Jurisdictional/authority": the Legal Theories of the Sovereign Citizen Movement 1999 Wisconsin Law Review 785 (1999) On October 1, 1995, Corporal Victor Kurtz of the Belton, Missouri, Police Department stopped James Horton for driving without a valid license plate. Instead, Horton's car bore the following sign: Public Notice: Non-commercial, private property CITIZEN OF MISSOURI HORTON In exercise of RIGHT TO TRAVEL streets & highways Mo. Const. Art. I, Sect.... 1999  
Jodi Preusser Mustoe The 1997 Treaty to Ban the Use of Landmines: Was President Clinton's Refusal to Become a Signatory Warrented? 27 Georgia Journal of International and Comparative Law 541 (1999) The Landmine Treaty to ban the production, stockpiling, export and use of landmines was available for signature in Ottawa in December of 1997. It will forever be embossed in history as the first true step towards banning landmines in the new era of world-wide disarmament. Unlike all previous international attempts at disarmament, this crusade has... 1999  
Thaddeus McBride The Dangers of Liberal Neo-colonialism: Elephants, Ivory and the Cites Treaty 19 Boston College Third World Law Journal 733 (Spring, 1999) THE DILEMMAS OF AFRICANIZATION: CHOICES AND DANGERS FOR SUB-SAHARAN AFRICA. By l. Dalton Casto. California: African Ways Publishing. 1998. Pp. 280. Every man has the right to decide his own destiny. --Bob Marley The mascot of Kenya's tasty national beer, Tusker, is an elephant. Trumpeting mightily into the air, the large elephant dominates the... 1999  
David Sloss The Domestication of International Human Rights: Non-self-executing Declarations and Human Rights Treaties 24 Yale Journal of International Law 129 (Winter, 1999) I. Introduction. 130 II. Background. 138 A. Substantive Provisions of the Human Rights Treaties. 138 B. U.S. Ratification of the Human Rights Treaties. 139 C. The Obligation to Enforce the Treaties Domestically. 142 III. The Meaning of the Term Not Self-Executing. 144 A. Concepts That Preclude Direct Judicial Application. 145 1. Automatic... 1999  
David Lenefsky The Entry-into-force Provision of the Comprehensive Test Ban Treaty: an Example of Bad International Lawyering 19 New York Law School Journal of International and Comparative Law 255 (1999) The Comprehensive Test Ban Treaty (CTBT), which President Clinton signed on September 24, 1996, had an ignoble origin and has an uncertain future. On August 20, 1996, India blocked the sixty-one nation Conference on Disarmament from forwarding the just completed text of the CTBT to the United Nations. The treaty would otherwise have been opened... 1999  
Lisa Joyce The Fmla Is a Great Benefit for Everyone but State Employees: Economic Nature of Federally Mandated Leave Fails to Defeat the States' Sovereign Immunity in Federal Court 68 UMKC Law Review 291 (Winter, 1999) Mary Ann Thomson thought she could go to federal court when her employer denied her request for a leave of absence under the Family and Medical Leave Act (FMLA). Thomson needed time off from work to locate long term care for her father, who had recently been diagnosed with Alzheimer's disease. She was surprised to find that her employer, the... 1999  
Amy Hall The Immunity Provision of the Flood Control Act: Does it Have a Proper Role after the Demise of Sovereign Immunity? 31 McGeorge Law Review 77 (Fall, 1999) Jackie and her family decided to cool off at the local lake last summer during one of the many sweltering days when the temperature was over 100 degrees. Early in the morning, they loaded up the jet skis and headed off. Later, while enjoying her day on the lake, Jackie jumped off her jet ski for a dip in the cool water. Unfortunately, Jackie and... 1999  
Samrat Ganguly The Investor-state Dispute Mechanism (Isdm) and a Sovereign's Power to Protect Public Health 38 Columbia Journal of Transnational Law 113 (1999) As the 21st century approaches, it would seem that the inexorable forces of free market economics and capitalism are encompassing the world. Globalization, liberalization, and reform are among the buzzwords bandied about as a panacea for the economic and social ills of developing nations. It is in this spirit that many international trade and... 1999  
Christian M. Capece The Ottawa Treaty and its Impact on U.s. Military Policy and Planning 25 Brooklyn Journal of International Law 183 (April, 1999) Although the United States refrained from signing the Ottawa Treaty banning landmines in order to preserve the use of landmines on the Korean Peninsula and America's arsenal of anti-tank landmines, the Ottawa Treaty, even without America's participation, creates a series of problems for the U.S. military in terms of policy and planning. This Note... 1999  
David E. Wilkins The Reinvigoration of the Doctrine of 'Implied Repeals:' a Requiem for Indigenous Treaty Rights 43 American Journal of Legal History Hist. 1 (January, 1999) America's indigenous nations occupy a distinctive political/legal status within the United States as separate sovereigns whose rights are based in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce Clause of the U.S. Constitution, and recognized in ample federal... 1999  
Susan Fitzke The Treaty for East African Co-operation: Can East Africa Successfully Revive One of Africa's Most Infamous Economic Groupings? 8 Minnesota Journal of Global Trade 127 (Winter 1999) The developed world has historically viewed Africa as backward and marginal. Recently, however, Africa has found itself in the midst of an emergence and the focus of international attention. The United States has taken an increased interest in Africa, as evidenced by recent visits to the continent by Reverend Jesse Jackson as President Clinton's... 1999  
David J. Bederman Theory on Ice: Antarctica in International Law and Relations 39 Virginia Journal of International Law 467 (Winter, 1999) In an odd twist of events, the polar regions have become the latest battleground in a war waged between international law practitioners and international relations theorists. I suppose it was inevitable. The inherent, physical characteristics of the Arctic and Antarctic as frozen expanses-- implacably hostile to human settlement, sovereign... 1999  
The Honorable Peggy Fulton Hora , The Honorable William G. Schma , John T.A. Rosenthal Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System's Response to Drug Abuse and Crime in America 74 Notre Dame Law Review 439 (January, 1999) The care of human life and happiness, and not their destruction, is the first and only legitimate object of good government. --Thomas Jefferson This Article is a grassroots contribution to the legal developments in therapeutic jurisprudence and Drug Treatment Courts (DTCs) from two judge-practitioners. The purpose for writing this Article is to dip... 1999  
Jeff Broadwater Too Plain to Be Misunderstood: Sovereign Immunity in Arkansas 34-SUM Arkansas Lawyer 16 (Summer, 1999) The doctrine of sovereign immunity was a staple of the common law, but Arkansas is one of only a few states that has included it in its constitution. Article 5, § 20 of the Arkansas Constitution provides that [t]he State of Arkansas shall never be made a defendant in any of her courts. The words may be too plain to be misunderstood, but they have... 1999  
By John C. Yoo Treaties and Public Lawmaking: a Textual and Structural Defense of Non-self-execution 99 Columbia Law Review 2218 (December, 1999) This Rejoinder responds to Professors Flaherty and Vázquez by advancing textual and structural constitutional arguments in defense of the doctrine of non-self-executing treaties. It first responds by raising several historical and contextual problems with Professor Flaherty's Response. It then argues that requiring congressional implementation of... 1999  
Jarred Kassenoff Treaties in the Mist 7 Cardozo Journal of International and Comparative Law 359 (Fall 1999) It was Ian who found Digit's mutilated corpse lying in the corner of a blood-soaked area of flattened vegetation. Digit's head and hands had been hacked off; his body bore multiple spear wounds. . . There are times when one cannot accept facts for fear of shattering one's being. As I listened to Ian's news[,] all of Digit's life, since my first... 1999  
Michelle L. Alamo & Joseph A. Lucas Treaty Interpretation in the 20th Century: What Does "During the Pleasure of the President" Mean? 76 University of Detroit Mercy Law Review 821 (Spring 1999) In 1837, several Bands of Chippewa Indians, including the Mille Lacs Band, ceded land in present-day Minnesota to the United States. The Chippewa, although agreeing to relinquish the land to the United States, insisted on preserving their right to hunt, fish, and gather in the ceded territory. On July 29, 1837, the Chippewa Indians and the United... 1999  
Karol de Zwager Brown Truce in the Salmon War: Alternatives for the Pacific Salmon Treaty 74 Washington Law Review 605 (July, 1999) Abstract: The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been... 1999  
Amy Busa Two Steps Forward, One Step Back: the Supreme Court's Treatment of Teacher-student Sexual Harassment in Gebster v. Lago Vista Independent School District 34 Harvard Civil Rights-Civil Liberties Law Review 279 (Winter, 1999) Title IX of the Education Amendments of 1972 prohibits sexual discrimination in educational institutions; Title VII of the Civil Rights Act of 1964 prohibits sexual discrimination in the workplace. Until recently, partly due to the similarity of the behavior proscribed by both Title VII and Title IX, courts adjudicating Title IX sexual harassment... 1999  
Eugene Solomonov U.s.-russian Mutual Legal Assistance Treaty: Is There a Way to Control Russian Organized Crime? 23 Fordham International Law Journal 165 (November, 1999) Two contract killers patiently wait at a doomed businessman's doorstep. Hey, Kolya, the man is late, one finally says, clutching his pistol. One hour later, the other says, Hey Vanya, I'm getting worried. What if something bad happened to him? Vyacheslav Ivankov, nicknamed Yaponchik, was born in the Russian city of Vladivostok. He got his start... 1999  
Mark Strasser Unity, Sovereignty, and the Interstate Recognition of Marriage 102 West Virginia Law Review 393 (Winter, 1999) I. L2-4,T4Introduction 393 II. L2-4,T4The Defense of Marriage Act and Its Effects 394 A. Interstate Recognition of Marriage Jurisprudence. 397 III. L2-4,T4Constitutional Limits on States' Recognition Policies 401 A. First Cousin Marriages. 402 B. On Due Process and the Right to Travel. 403 C. The Effect of Future Marital Restrictions. 404 IV.... 1999  
  Vi. Cyberspace Regulation and the Discourse of State Sovereignty 112 Harvard Law Review 1680 (May, 1999) This Part focuses on a foundational principle of contemporary debates about Internet regulation--the sovereign state. The seemingly borderless, transnational scope of Internet communications has made state sovereignty a common theme in commentaries discussing the propriety of Internet regulation. Often, state sovereignty concerns have prompted... 1999  
Julie Amparano Waiting to Celebrate 85-JUL ABA Journal 68 (July, 1999) The incident was just a minor brush with the law nearly 30 years ago, but it sticks in the mind of Richard Ramos, an engineer who lives in Los Angeles. Ramos was 14 and had just attended his first Lakers basketball game with five friends. While waiting for their parents to pick them up after the game, the boys began horsing around, kicking bottles... 1999  
Lauren Ouziel Waiving States' Sovereign Immunity from Suit in Their Own Courts: Purchased Waiver and the Clear Statement Rule 99 Columbia Law Review 1584 (October, 1999) In recent years, the Supreme Court has expanded the Eleventh Amendment concept of state sovereign immunity to limit the extent to which individual litigants may assert federal rights against states in federal court. In its 1998 term, the Supreme Court extended the sovereign immunity doctrine to shield states from federal claims asserted by... 1999  
Sue E. Umshler When Arsenic Is Safer in Your Cup of Tea than in Your Local Water Treatment Plant 39 Natural Resources Journal 565 (Summer, 1999) The arsenic drinking water standard has been an issue for over fifty years and a hot debate topic since 1977. The Safe Drinking Water Act Amendments of 1996 require the Environmental Protection Agency to promulgate a proposed regulation by January 1, 2000, and a final National Primary Drinking Water Regulation by January 1, 2001. This comment... 1999  
Ron M. Rosenberg When Sovereigns Negotiate in the Shadow of the Law: the 1998 Arizona-pima Maricopa Gaming Compact 4 Harvard Negotiation Law Review 283 (Spring 1999) In the late 1970s, casino gaming on Indian reservations emerged as an effective, if controversial, means for tribes to address their high rates of poverty and unemployment. Its proponents consider gaming to be a white buffalo, a spiritual sign of good fortune, through which tribes may attain economic development and, with that, cultural and... 1999  
Adelle Blackett Whither Social Clause? Human Rights, Trade Theory and Treaty Interpretation 31 Columbia Human Rights Law Review Rev. 1 (Fall, 1999) C1-6Table of Contents I. L2-5,T5Introduction 2 II. L2-5,T5A Tale of Two Institutions and Attempts to Link Them 5 A. L3-5,T5The Institutions: WTO and ILO 5 B. L3-5,T5Proposals to Link Them: A Critical Survey 11 1. L4-5,T5The Standards 13. a. Freedom of Association. 14 b. Forced Labor. 17 c. Child Labor. 19 d. Equality. 22 e. International Labor... 1999  
Michelle Lawner Why Federal Courts Should Be Required to Consider State Sovereign Immunity Sua Sponte 66 University of Chicago Law Review 1261 (Fall, 1999) Suppose that a state is sued in its own courts under a provision of federal law. The state, believing that its chances of victory are better in a federal forum, removes the case to federal court. Unfortunately for the state, it made the wrong choice. After the state loses in federal court, the state appeals. Among its arguments, the state adds a... 1999  
Michael J. Wynne American Indian Sovereignty and the U.s. Supreme Court; the Masking of Justice 36-OCT Houston Lawyer 50 (September/October, 1998) In American Indian Sovereignty and the U.S. Supreme Court; The Masking of Justice, Professor David E. Wilkins presents a strong indictment of the Supreme Court's role in depriving Native American tribes of their means of survival as distinct communities as the U.S. expanded westward and developed economically. He analyzes fifteen Supreme Court... 1998 Yes
James E. Pfander An Intermediate Solution to State Sovereign Immunity: Federal Appellate Court Review of State-court Judgments after Seminole Tribe 46 UCLA Law Review 161 (October, 1998) In this Article, Professor James Pfander considers the constitutionality of what he calls an intermediate solution to the problem of enforcing federal rights against the states. The Article suggests that Congress might work around the Seminole Tribe decision by enacting new legislation with two features. First, the proposed legislation would... 1998 Yes
Carl H. Johnson Balancing Species Protection with Tribal Sovereignty: What Does the Tribal Rights-endangered Species Order Accomplish? 83 Minnesota Law Review 523 (December, 1998) In a time when natural resources continue to dwindle, conflicting ideas over their productive use can often lead to confrontation and animosity. Disagreements over the use of natural resources are exacerbated when the sovereignty of Indian tribes is challenged. Such disputes have led to discord between mainstream environmentalists and Indian tribes... 1998 Yes
Starla Kay Roels Borrowing Instead of Taking: How the Seemingly Opposite Threads of Indian Treaty Rights and Property Rights Activism Could Intertwine to Restore Salmon to the Rivers 28 Environmental Law 375 (Summer 1998) This Article examines the nature of the right to fish that Indian tribes reserved in treaties with the United States Government, concluding that the exercise of the treaty right to fish is a compensable Fifth Amendment property right. The Author discusses how hydroelectric dams have greatly contributed to the dwindling salmon runs, demonstrates the... 1998 Yes
Laura C. Smythe Chippewa Treaty Rights: the Reserved Rights of Wisconsin's Chippewa Indians in Historical Perspective 71-FEB Wisconsin Lawyer 28 (February, 1998) Ronald Satz wrote this book to present an overview of the history of Chippewa-United States relations leading to the treaties of 1837, 1842, and 1854 and to examine the consequences of those agreements for Chippewa and for non-Indian residents of Wisconsin and for the state of Wisconsin. This book is not a primer on Indian law, but Satz did not... 1998 Yes
Vanessa Magnanini Constructing Tribal Sovereignty for the 21st Century: the Story of Lawmaking in Chilkat Indian Village, Ira v. Johnson 18 Boston College Third World Law Journal 45 (Winter, 1998) Attorney Tony Strong had only minutes to figure out a way to stop Michael Johnson's hired van from entering his native village of Klukwan, Alaska and removing the most revered artifacts the village owned. Have Uncle Albert go cut some trees down [and] fell them across the road, he told his sister Lonnie on the phone. His sister, who had called... 1998 Yes
Jeffrey Wutzke Dependent Independence: Application of the Native Hawaiian Sovereignty and Self-determination Claims 22 American Indian Law Review 509 (1998) In the late summer of 1996, Native Hawaiians voted to elect delegates to propose a Native Hawaiian government. What exactly a Native Hawaiian government meant for purposes of the referendum was left undefined; the possibilities range from complete independence from the United States, to the creation of some type of state within a state... 1998 Yes
Evan J. Wallach Extradition to the Rwandan War Crimes Tribunal: Is Another Treaty Required? 3 UCLA Journal of International Law and Foreign Affairs 59 (Summer, 1998) In December 1997, a Magistrate Judge in Laredo, Texas, refused to extradite Elizaphan Ntakirutimana, a Rwandan citizen, to be tried for genocide before the Rwandan War Crimes Tribunal (the Rwandan Tribunal). The Judge held that enabling legislation passed by Congress was unconstitutional because the United States Senate had not ratified any treaty... 1998 Yes
Robert Laurence Full Faith and Credit in Tribal Courts: an Essay on Tribal Sovereignty, Cross-boundary Reciprocity and the Unlikely Case of Eberhard v. Eberhard 28 New Mexico Law Review 19 (1998) The case of Eberhard v. Eberhard presents, in classic form, the questions of the enforcement of judgments across Indian reservation boundaries: What reception should a tribal court give to a state court order? What reception should a state court give to a tribal court order? Do these questions have the same answer? Should they have the same answer?... 1998 Yes
Erin Goff Chrisbens Indian Country after Ancsa: Divesting Tribal Sovereignty by Interpretation in Native Village of Venetie Tribal Government 76 Denver University Law Review 307 (1998) The Alaska Native tribe of Venetie Indians has inhabited an area in north-central Alaska since before the United States Supreme Court was even a sparkle in our forefathers' eyes. Yet the recent Supreme Court decision in Alaska v. Native Village of Venetie Tribal Government, arguably stripped the Venetie Indians of the inherent sovereignty and... 1998 Yes
John Randolph Prince Indian Country: a Different Model of Sovereignty 33 Gonzaga Law Review 103 (1997-1998) I. Introduction. 103 II. Sovereignty: A Dangerous Abstraction. 107 A. The King's Excuse. 107 B. The Need for Limits. 109 III. The Benefits of Limited Sovereignty. 110 IV. First Nation Sovereignty: Now You See It, Now You Don't. 115 A. A Confused History. 115 B. A False Narrative. 116 V. First Nation Sovereignty Today. 120 A. Sovereignty in the... 1998 Yes
Sandi B. Zellmer Indian Lands as Critical Habitat for Indian Nations and Endangered Species: Tribal Survival and Sovereignty Come First 43 South Dakota Law Review 381 (1998) INTRODUCTION. 382 I. THE TRUST RESPONSIBILITY INCLUDES PROCEDURAL AND SUBSTANTIVE DUTIES TOWARD INDIAN LANDS AND RESOURCES. 385 A. The Origins of the Federal Trust Responsibility. 385 B. Defining the Procedural and Substantive Duties Toward Trust Resources. 389 1. Consultation. 389 2. Tribal Sovereignty and Resources. 390 II. THE ESA, ITS HABITAT... 1998 Yes
Aaron S. Duck Indians: Modern Tribal Jurisdiction over Non-Indian Parties: the Supreme Court Takes Another Bite out of Tribal Sovereignty in Strate v. A-1 Contractors 51 Oklahoma Law Review 727 (Winter, 1998) Indian tribes occupy a unique status in American law. Before European immigration to America, Indian tribes were self-governing sovereign political communities. They exercised unlimited power over all people within their communities. Indian tribes, however, no longer possess the full attributes of sovereignty. Recent court decisions often... 1998 Yes
Scott D. Danahy License to Discriminate: the Application of Sovereign Immunity to Employment Discrimination Claims Brought by Non-native American Employees of Tribally Owned Businesses 25 Florida State University Law Review 679 (Spring, 1998) I. Introduction. 679 II. Roselius v. McDaniels. 680 III. The Changing Role of Tribes as Employers. 682 IV. The Doctrine of Tribal Sovereign Immunity. 683 V. Employment Discrimination Claims Against Tribal Businesses Are Not Subject to the Defense of Sovereign Immunity. 686 A. Congress's Use of Its Plenary Power to Limit Tribal Immunity. 686 B.... 1998 Yes
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