AuthorTitleCitationSummaryYearKey Terms
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
G. Porter Elliott Neutrality, the Acquis Communautaire and the European Union's Search for a Common Foreign and Security Policy under Title V of the Maastricht Treaty: the Accession of Austria, Finland and Sweden 25 Georgia Journal of International and Comparative Law 601 (Summer, 1996) Page I. INTRODUCTION. 603 II. SUMMARY OF RECENT SECURITY THREATS TO THE EUROPEAN COMMUNITY. 607 A. The Former Soviet Union. 607 B. The Former Yugoslavia. 609 C. Germany. 611 III. LAYING THE LEGAL FOUNDATION FOR A MORE SECURE UNION. 613 A. Title V of the Maastricht Treaty. 614 B. The Western European Union. 615 IV. ACQUIS COMMUNAUTAIRE, THE 1995... 1996  
Leo P. Martinez Of Fairness and Might: the Limits of Sovereign Power to Tax after Winstar 28 Arizona State Law Journal 1193 (Winter, 1996) The power to tax is . . . the most pervading of all the powers of government. A legal duty with no legal remedy is an illusion. C1-3TABLE OF CONTENTS I. INTRODUCTION. 1194 II. THE POWER TO TAX. 1196 A. Government's Broad Powers of Taxation. 1196 B. Limitations on the Power to Tax. 1199 1. Deterrent Taxes. 1201 2. Punitive Taxes. 1204 3. Harsh... 1996  
Steven Pachman Preventing the Friendship, Commerce and Navigation Treaty "From Being Set at Naught": Allowing Subsidiaries to Assert Foreign Parent's Treaty Rights 69 Temple Law Review 485 (Spring 1996) Following World War II, the United States sought to protect and facilitate international investment by signing friendship, commerce, and navigation (FCN) treaties with more than two dozen countries. The basic intent in negotiating these treaties was to promote and preserve both foreign investment in the United States and United States investment... 1996  
Renna Rhodes Principles of Governmental Immunity in Texas: the Texas Government Waives Sovereign Immunity When it Contracts -- or Does It? 27 Saint Mary's Law Journal 679 (1996) I. Introduction . 679 II. Governmental Immunity in General . 684 A. English Roots . 684 B. Assimilation into American Law . 686 C. Governmental Immunity in Texas . 689 III. Sovereign Immunity . 693 A. In General . 693 1. Distinguished from Governmental Immunity . 693 2. Who and What Sovereign Immunity Protects . 695 3. Distinguished from Official... 1996  
  Private Sovereignties 109 Harvard Law Review 669 (1/1/1996) American political thought has long grappled with the proper relationship between the state and private groups defined by race, religion, political belief, and a host of other characteristics. In Law and the Company We Keep, Aviam Soifer explores the degree of protection American law should afford such groups in the face of public encroachment.... 1996  
Richard J. Ansson, Jr. Protecting Tribal Sovereignty: Why States Should Not Be Able to Tax Contractors Hired by the Bia to Construct Reservation Projects for Tribes: Blaze Construction Co. v. New Mexico Taxation and Revenue Department: a Case Study 20 American Indian Law Review 459 (1995-1996) Felix Cohen, the eminent authority on American Indian law, wrote, One of the powers essential to the maintenance of any government is the power to levy taxes. That this power is an inherent attribute of tribal sovereignty which continues unless withdrawn or limited by treaty or by act of Congress is a proposition which has never successfully been... 1996 Yes
Susan C. Lonowski Recognizing the Right of Terminally-ill Mature Minors to Refuse Life-sustaining Medical Treatment: the Need for Legislative Guidelines to Give Full Effect to Minors' Expanded Rights 34 University of Louisville Journal of Family Law 421 (1995-1996) In recent years, the medical profession has witnessed a dramatic increase in its ability to sustain life where it previously could not do so. As a result, it is not uncommon for patients, especially those with terminal illnesses, to face the decision whether to accept or reject medical treatment that would sustain their life and prolong the dying... 1996  
Vine Deloria, Jr. Reserving to Themselves: Treaties and the Powers of Indian Tribes 38 Arizona Law Review 963 (Fall, 1996) The full impact of the Reagan-Bush judicial appointments is now clear. The federal judiciary is embracing the conservative, indeed, reactionary posture of the 1890s, and as the pendulum swings even further to the right, there is a danger that Plessy v. Ferguson will once again become mainstream constitutional law. In Indian affairs the old... 1996 Yes
Eric Grant Responding to Imperfection: the Theory and Practice of Constitutional Amendment. Edited by Sanford Levinson. Princeton, N.j.: Princeton University Press. 1995. Pp. Ix, 330. Cloth, $59.50; Paper, $18.95. 13 Constitutional Commentary 125 (Spring, 1996) In this collection of essays, Sanford Levinson has brought together an impressive group of constitutional theorists and political scientists to discuss the theory and practice of amending constitutions. Nine of the volume's thirteen contributions are original, and even the four previously published works are useful abridgements of valuable... 1996  
Eric Mills Holmes Restatement of Promissory Estoppel 32 Willamette Law Review 263 (Spring 1996) C1-3Table of Contents I. Introduction. 265 II. Four Stages in the Doctrinal Evolution of Promissory Estoppel. 271 A. Estoppel Stage One: Defensive and Offensive Equitable Estoppel. 277 1. Defensive Equitable Promissory Estoppel. 277 2. Offensive Equitable Promissory Estoppel. 282 B. Contract Stage Two: Promissory Estoppel as Consideration... 1996  
  Rollover Ira, Pension Plan DisTributions Exempt under Treaty 7 Journal of International Taxation 118 (March, 1996) In Ltr. Rul. 954103, a citizen of India could exclude pension and IRA rollover distributions from U.S. taxation, provided he was a resident of India under the U.S.-India treaty (2 Tax Treaties (WG&L) ¶48,100; 2 Tax Treaties (CCH) ¶4203) when the distributions were made. The taxpayer was a U.S. permanent resident employed by a U.S. corporation from... 1996 Yes
Allison M. Dussias Science, Sovereignty, and the Sacred Text: Paleontological Native American Rights 55 Maryland Law Review 84 (1996) Land is the only thing in the world that amounts to anything . . . for tis the only thing in this world that lasts. . . . Tis the only thing worth working for, worth fighting for -- worth dying for. -- Gone with the Wind You have driven away our game and our means of livelihood out of the country, until now we have nothing left that is valuable... 1996 Yes
Dan J. Schulman Seminole Tribe: Federalism, State Sovereign Immunity, and Limits on Federal Court Jurisdiction 5 Journal of Bankruptcy Law and Practice 521 (July/August, 1996) In Congress and in the Supreme Court, federalism is once again in vogue. Its ascendance raises serious questions as to the constitutional jurisdiction and powers of bankruptcy courts over states. States rights advocates won a major victory recently, in Seminole Tribe of Florida v. Florida, a 5-4 decision authored by Chief Justice Rehnquist. The... 1996 Yes
S. Elizabeth Gibson Sovereign Immunity in Bankruptcy: the next Chapter 70 American Bankruptcy Law Journal 195 (Spring, 1996) In a recent issue of The Journal, I discussed the effort of Congress, as part of the Bankruptcy Reform Act of 1994, to abrogate the states' and the federal government's sovereign immunity in bankruptcy in sufficiently clear terms to satisfy the exacting standards imposed by the Supreme Court for such exercises by Congress. Concluding that amended §... 1996  
Vicki J. Limas Sovereignty as a Bar to Enforcement of Executive Order No. 11,246 in Federal Native American Tribes 26 New Mexico Law Review 257 (Spring, 1996) Native American tribes, as employers, are exempt from coverage by federal statutes prohibiting discrimination in employment. However, tribes' contracts with the federal government and their subcontracts with prime federal contractors contain antidiscrimination-in-employment clauses authorized by Executive Order No. 11,246 and others. These... 1996 Yes
Robert Thornton Smith Tax Treaty Interpretation by the Judiciary 49 The Tax Lawyer 845 (Summer, 1996) Tax treaty interpretation is a topic distinct from domestic statutory interpretation, with its own underlying foundational difficulties and specific issues. This Article explores an appropriate foundation for tax treaty interpretation, and addresses certain issues commonly discussed or encountered. Tax treaties generally serve two primary purposes:... 1996  
David R. Tillinghast Tax Treaty Issues 50 University of Miami Law Review 455 (April, 1996) I. The Tax Treaty Program at a Crossroads. 455 II. The World of Withholding: Compliance, the Address System, Conduit Financing and the Enforcement of Treaty-Shopping Limitations. 459 III. The Application of Income Tax Treaties to Partnerships and Other Pass-Through Entities. 467 IV. Extending the United States Treaty Program to Latin America.... 1996  
Vince Lee Farhat Term Limits and the Tenth Amendment: the Popular Sovereignty Model of Reserved Powers 29 Loyola of Los Angeles Law Review 1163 (April, 1996) Nothing in the Constitution deprives the people of each State of the power to prescribe the eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people. In the last two elections,... 1996  
L. Scott Gould The Consent Paradigm: Tribal Sovereignty at the Millennium 96 Columbia Law Review 809 (May, 1996) C1-3Table of Contents Introduction . 810 I. The Drift Toward Consent . 815 A. The Doctrine of Inherent Sovereignty . 815 1. The Marshall Trilogy and Territorial Separation . 815 2. Infringement and Preemption as the Tests of Sovereignty . 822 B. The Doctrine of Trust Responsibility . 826 1. The Scope of Congressional Power over Tribes . 826 2. The... 1996 Yes
Gerry J. Simpson The Diffusion of Sovereignty: Self-determination in the Postcolonial Age 32 Stanford Journal of International Law 255 (Summer, 1996) -But do you know what a nation means? says John Wyse. -Yes, says Bloom. -What is it? says John Wyse. -A nation, says Bloom. A nation is the same people living in the same place. -By God, then, says Ned, laughing, if that's so I'm a nation for I'm living i 1996  
Naomi Mezey The DisTribution of Wealth, Sovereignty, and Culture Through Indian Gaming 48 Stanford Law Review 711 (February, 1996) Gaming on Native American reservations under the Indian Gaming Regulatory Act (IGRA) has generated enormous revenues for some tribes, but also has engendered much controversy. In this note, Naomi Mezey argues that the redistributive effects of the statute, and hence a tribe's ability to benefit from the IGRA, depend on the cultural paradigm within... 1996 Yes
Catherine Sun The E-2 Treaty Investor Visa: the Current Law and the Proposed Regulations 11 American University Journal of International Law and Policy 511 (1996) For foreign investors who do not have one million dollars to exchange for a green card, many immigration practitioners regard the E-2 treaty investor visa as the next best thing to permanent resident status. With an investment of less than $50,000, and for as long as the E-2 investor maintains an E-2 status, the treaty investor can enjoy the... 1996  
Michael J. Zimmer The Emerging Uniform Structure of Disparate Treatment Discrimination Litigation 30 Georgia Law Review 563 (Winter 1996) Title VII of the 1964 Civil Rights Act makes it an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensa tion, terms, conditions or privileges of employment because of such individual's race, color, religion, sex or... 1996  
Patricia Doyle The European Community and Wildlife Supervision: the Sovereign Right to Protect National Resources 9 New York International Law Review 49 (Winter, 1996) Since the passage of the Treaty of Rome (Treaty) in 1957, the goal of the European Community (EC) has been free competition among its members. Member States did not discuss the need for enhanced environmental protection until the Paris Summit of 1972, and the issue was not fully incorporated into the Treaty until 1987. Environmental protection is... 1996  
Bruce J. Winick , University of Miami School of Law The Macarthur Treatment Competence Study: Legal and Therapeutic Implications 2 Psychology, Public Policy, and Law 137 (March, 1996) This article assesses the legal and public policy implications of the MacArthur Treatment Competence Study. The study's finding that treatment incapacity cannot be equated with mental illness or any particular diagnostic category creates the need for individualized determinations of incompetence. The incidence of involuntary hospitalization and... 1996  
Patrick Tangney The New Internationalism: the Cession of Sovereign Competences to Supranational Organizations and Constitutional Change in the United States and Germany 21 Yale Journal of International Law 395 (Summer, 1996) I. L2-5,T5introduction 396 L1-6 II. L2-5,T5the New Internationalism: Supranational Institutions and the Challenge to Constitutional Law 399 A. L3-5,T5traditional Notions of International Law and Sovereign Competence 401 B. L3-5,T5the New Internationalism: The Development of Supranational Organizations 402 1. L4-5,T5developing Countries: The... 1996  
Mark L. Movsesian The Persistent Nation State and the Foreign Sovereign Immunities Act 18 Cardozo Law Review 1083 (December, 1996) One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade... 1996  
Brian M. Greene The Reservation Gambling Fury: Modern Indian Uprising or Unfair Restraint on Tribal Sovereignty? 10 BYU Journal of Public Law 93 (1996) In 1979 the Seminole Tribe of Florida became the first tribe in the nation to open a large-scale, high-stakes bingo operation. During the 1980s, Indian-sponsored gamblingfrom bingo parlors to Las Vegas-style casinosrapidly spread until one-third of the 330 reservations in the United States were participating. In just a little over a decade,... 1996 Yes
Tim Dockery The Rule of Law over the Law of Rulers: the Treatment of De Facto Laws in Argentina 19 Fordham International Law Journal 1578 (April, 1996) In 1983, constitutional and democratic government returned to Argentina. During the seven year absence of constitutional and democratic government from 1976 to 1983, a de facto government, a government that rules by force rather than by constitutional right, ruled the country. This de facto government seized power in a coup d'etat, a manner of... 1996  
Daniel J. Meltzer The Seminole Decision and State Sovereign Immunity 1996 Supreme Court Review Rev. 1 (1996) In recent years, the Eleventh Amendment has emerged from relative obscurity to become a major focus of constitutional controversy. A few crude statistics evidence this development: The Amendment was cited in only ten Warren Court decisions (over sixteen Terms), but has been mentioned in 125 decisions in the twenty-seven Terms since. Virtually... 1996  
William H. Rodgers, Jr. The Sense of Justice and the Justice of Native Hawaiian Sovereignty and the Second "Trial of the Century" 71 Washington Law Review 379 (April, 1996) The Congress . . . apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination . . . . In 1993, Congress apologized to the... 1996 Yes
Henry Paul Monaghan The Sovereign Immunity "Exception" 110 Harvard Law Review 102 (November, 1996) Seminole Tribe v. Florida is the 1995 Term's illustration of the importance that a narrow, but solid, five-Justice majority of the Supreme Court attaches to the constitutional underpinnings of Our Federalism. In Seminole Tribe, this majority declared that Congress lacks authority under its Article I, Section 8 regulatory powers to subject... 1996  
Glen St.Louis The Tangled Web of Sovereignty and Self-governance: Canada's Obligation to the Cree Nation in Consideration of Quebec's Threats to Secede 14 Berkeley Journal of International Law 380 (1996) This article examines the relationship between traditional legal doctrine used in Canada for the protection of the First Nation Indian culture and the Canadian Constitutional Act of 1982, in light of the Province of Quebec's repeated promise to become its own sovereign. Specifically, this article focuses on the legal obligations arising out of... 1996  
N. Bruce Duthu The Thurgood Marshall Papers and the Quest for a Principled Theory of Tribal Sovereignty: Fueling the Fires of Tribal/state Conflict 21 Vermont Law Review 47 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 48 I. Oppositional Views of Tribal Sovereignty: The New Montana Litigation and the Montana/Brendale Legacy. 53 II. The Problem of Synthesis in the Indian Law Cases. 62 III. Deciding How to Decide the Indian Cases: The Supreme Court, the Indian Tribes, and the Papers of Justice Thurgood Marshall. 64 A.... 1996 Yes
Brian C. Lake The Unlimited Sovereign Immunity of Indian Tribal Businesses Operating Outside the Reservation: an Idea Whose Time Has Gone 1996 Columbia Business Law Review 87 (1996) In a seemingly ordinary business transaction, a distributor contracts to sell $177,000 worth of herbicides to a local agricultural company. Although the seller delivers the product as agreed, the agricultural company simply keeps the herbicides and refuses to pay the bill. When it attempts to file suit against the agricultural company in state... 1996 Yes
Christine A. Klein Treaties of Conquest: Property Rights, Indian Treaties, and the Treaty of Guadalupe Hidalgo 26 New Mexico Law Review 201 (Spring, 1996) All animals are equal But some animals are more equal than others. George Orwell The modern discourse concerning property rights has deep historical roots, for property has long been the object of heated passion, war, and conquest. Under our national lore, it is common knowledge that the United States acquired from Native American tribes some two... 1996 Yes
Elizabeth A. Lingle Treating Children by Faith Colliding Constitutional Issues 17 Journal of Legal Medicine 301 (June, 1996) Seven-year-old Anthony Tony Hays from Brownsville, Oregon, died on November 4, 1994, of acute lymphocytic leukemia. Tony was sick for about three weeks prior to his death, but he never saw a physician about his condition. Christina Hays, Tony's mother, told police that Tony did not receive medical treatment because he did not ask to see a... 1996  
Richard A. Monette Treating Tribes as States under Federal Statutes in the Environmental Arena: Where Laws of Nature and Natural Law Collide 21 Vermont Law Review 111 (Fall, 1996) America's relationship with its natural environment implores the fullest understanding of American constitutionalism and law. Private property rights may be affected, individual liberties may be denied, subtle nuances of due process may be determinative, and the resulting intersovereign conflicts raise every inherent tension of federal republican... 1996 Yes
Steffani A. Cochran Treating Tribes as States under the Federal Clean Air Act: Congressional Grant of Authority-federal Preemption-inherent Tribal Authority 26 New Mexico Law Review 323 (Spring, 1996) When Congress amended the Clean Air Act (CAA or Act) in 1990, it added a new provision permitting the Environmental Protection Agency (EPA or Agency) to treat Indian tribes as States for purposes of regulating environmental air quality. The amendments broaden tribal regulatory authority over air resources within reservation boundaries and other... 1996 Yes
Matthew Calhoun Frost Treatment of Interest Rate Swaps under the Sec's Net Capital Rule: a Proposal for Change 37 William and Mary Law Review 791 (Winter, 1996) If a loss of this magnitude had happened on my watch, I would have slept like a baby. That is to say, I would have woken up every two hours screaming. So commented a derivatives broker and former county executive about the first reports of losses from speculative trading in interest-sensitive derivatives that eventually cost Orange County,... 1996  
Seth H. Row Tribal Sovereignty and Economic Development on the Reservation 4 Georgetown Journal on Fighting Poverty 227 (Fall, 1996) Well-researched and well-documented, poverty on Indian reservations seems both inescapable and insoluble. Unemployment on Indian reservations is on average the highest for any discrete group in the United States, ranging from seventeen percent on the Jicarilla Apache Reservation in New Mexico to ninety percent on the Rosebud Reservation in South... 1996 Yes
Wendi Shohen United States v. Vertac Chemical Corporation, 46 F.3d 803 (8th Cir. 1995), Cert. Denied, 115 S. Ct. 2609 (1995): a Missed Opportunity to Clarify Whether the Government Waives Sovereign Immunity When Acting in its Regulatory Capacity 15 Temple Environmental Law and Technology Journal 143 (Spring 1996) Throughout the 1960's, the United States government entered into contracts with private chemical companies to supply chemical weapons for the Vietnam War. The government ensured that these chemical companies received the essential materials necessary for the production of chemical weapons. The chemical companies, in turn, sold their completed... 1996  
Antonio F. Perez Who Killed Sovereignty? Or: Changing Norms Concerning Sovereignty in International Law 14 Wisconsin International Law Journal 463 (Spring, 1996) One of the oldest distinctions in philosophical discourse is that between words about words and words about things. Much scholarship among international lawyers and political scientists, as well as table-talk of diplomats and other practitioners concerning the somewhat airy concept of sovereignty, has suffered all too much from a failure to... 1996  
Rsm International Tax Committee, Roger D. Lorence, Editor Will the World Follow the U.s. Lead on Limitation of Treaty Benefits? 7 Journal of International Taxation 124 (March, 1996) U.S. Policymakers are fixated on whether the underlying ownership of the taxpayer is Appropriate, which can lead to the extreme complexities of LOB provisions. A subject of intense scrutiny in U.S. international tax policy is the restriction of the benefits of bilateral income tax treaties to bona fide treaty country taxpayers. The U.S. has... 1996  
Professor Catherine Tinker A "New Breed" of Treaty: the United Nations Convention on Biological Diversity 13 Pace Environmental Law Review 191 (Fall 1995) The United Nations Convention on Biological Diversity (Treaty or Convention) entered into force on December 29, 1993. One of the unique things about this Convention is the speed with which it was negotiated, which was a record due to the desire to produce a document for signing at the United Nations Conference on Environment and Development in Rio... 1995  
Arthur R. Hessel , Susan M. Sturman A Lean and Mean Hud? 4-WTR Journal of Affordable Housing & Community Development Law 20 (Fall/Winter, 1994/1995) The U.S. Department of Housing and Urban Development has been in the midst of a massive reorganization since February 1993. Prompted by Vice President Al Gore's reinventing government campaign, the reorganization is intended to pare down the bureaucracy and make the department more results-oriented rather than process-driven. The HUD... 1995  
Norman B. Smith A Plea for the Total Ban of Land Mines by International Treaty 17 Loyola of Los Angeles International and Comparative Law Journal 507 (April, 1995) A child picks up a curiously-shaped plastic object lying on the ground; her arms are blown off, she is blinded, and she receives horribly disfiguring facial wounds. A herdsman driving his cattle to water hears an ominous clicking noise underfoot, and, in a blinding flash, one of his legs is destroyed up to the knee, his other foot is mangled beyond... 1995  
Dianne Otto A Question of Law or Politics? Indigenous Claims to Sovereignty in Australia 21 Syracuse Journal of International Law and Commerce 65 (Spring 1995) I. Introduction . 65 II. Indigenous Discourses of Sovereignty . 68 A. The Emerging Narrative of a Post-Colonial Australia . 69 B. The Continuing Importance of Indigenous Sovereignty . 72 1. Sovereignty as Fundamental to Identity . 74 2. Sovereignty as the Means to International Personality . 75 3. Sovereignty as Acknowledgement of Indigenous... 1995  
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