AuthorTitleCitationSummaryYearKey Terms
David M. Osterfeld Plastic Indians, Nazis, and Genocide: a Perspective on America's Treatment of Indian Nations 22 American Indian Law Review 623 (1998) Ward Churchill, Indians are Us? Culture and Genocide in Native North America, Common Courage Press, 1994 $14.95 Sizzling the moisture laden air, the hot summer sun creates a sticky incumbrance on human skin. As the wind whistles through the drooping power lines which plague the reservation like a swarm of locusts, damp creosote and sagebrush mix,... 1998 Yes
Brian Patterson Remarks on Indian Spirituality and Culture 11 Saint Thomas Law Review 13 (Fall, 1998) Good morning everyone, it is a beautiful day as we gather here at St. Thomas, and I give thanks to the people of St. Thomas for having us here. We have come here and now we must be of one mind. We must gather all of our thoughts into one and we must wrap all our thoughts into one bundle. And we will give thanks to the Creator that we can come here... 1998 Yes
Brian Patterson Remarks on Tribal History and Culture 11 Saint Thomas Law Review Rev. 5 (Fall, 1998) There is a lot to be said in a matter of minutes regarding what has occurred in the past five-hundred years. As we talk about culture, I wonder: What exactly is culture? For what we have been given, for what we have been able to retain is an understanding of who we are as people, of the instructions the Creator has given to all of us on this good... 1998 Yes
John R. Wunder, University of Nebraska-Lincoln Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800. 42 American Journal of Legal History 314 (July, 1998) Linking Arms Together, more than any other book previously published on United States-Indian relations, explains explicitly the Indian role and perception of the treaty in the American legal system. This book should be required reading for any Supreme Court justice who thinks about writing a legal opinion on federal Indian law or for any... 1998 Yes
Raymond Cross Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-first Century 40 Arizona Law Review 425 (Summer 1998) C1-3Table of Contents I. Introduction. 426 A. Chief Justice Marshall's Construction of the Indian Bargaining Model. 433 B. The Giving and Taking of Indian America. 435 C. The First Era: Americanizing the European Doctrine of Discovery. 438 D. The Second Era: The Indian Peoples' Descent from Sovereign to Wardship Status. 441 E. The Third Era:... 1998 Yes
Derek P. Radtke State Encroachment into Tribal Sovereignty by Means of the Assimilative Crimes Act 19 Whittier Law Review 655 (Spring 1998) Through the Assimilative Crimes Act (ACA), non-Public Law 280 states have been given the vehicle indirectly to proscribe and enforce state laws and punishments within Indian country. Although the states are not directly arresting tribal members pursuant to the ACA, federal agents are given the authority to enforce state law under this Act.... 1998 Yes
Wambdi Awanwicake Wastewin Strate v. A-1 Contractors: Intrusion into the Sovereign Native Nations 74 North Dakota Law Review 711 (1998) With the decision in Strate v. A-1 Contractors, the United States Supreme Court overstepped the bounds of the government-to-government relationship between Tribal nations and the United States. The Strate decision follows a recent trend in the Supreme Court's decisions of judicial activism in terms of federal Indian law, and also signals a return... 1998 Yes
Michael C. Blumm , Brett M. Swift The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: a Property Rights Approach 69 University of Colorado Law Review 407 (Spring 1998) Introduction. 409 I. The Unresolved Issues in Phase II of United States v. Washington. 413 II. Background. 420 A. The Pre-Treaty Fishery. 420 B. The Stevens and Palmer Treaties. 426 C. The Post-Treaty Fishery. 433 III. The Winans Doctrine: Treaty Rights As Property Rights. 435 A. The Early Cases. 436 B. United States v. Winans. 440 IV. The... 1998 Yes
Kevin J Worthen The Right to Keep and Bear Arms in Light of Thornton: the People and Essential AtTributes of Sovereignty 1998 Brigham Young University Law Review 137 (1998) Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected--or at least that the Framers of the United States Constitution would have found a connection between the two--and that the connection between... 1998 Yes
Jami K. Elison Tribal Sovereignty and the Endangered Species Act 6 Willamette Journal of International Law and Dispute Resolution 131 (1998) Gone Fishing. Although that phrase usually communicates a sabbatical from anxiety, it connotes no such respite for fishers who must extricate treaty rights on the banks of the Endangered Species Act (ESA). The ESA forbids taking of listed species, but the ESA is silent about Indian treaties. A legal question can be articulated, neatly: Does the... 1998 Yes
Troy M. Yoshino Ua Mau Ke Ea O Ka Aina I Ka Pono: Voting Native Hawaiian Sovereignty Plebiscite 3 Michigan Journal of Race and Law 475 (Spring 1998) Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this... 1998 Yes
Ted L. McDorman A Canadian View of the Canada-united States Pacific Salmon Treaty: the International Legal Context (I) 6 Willamette Journal of International Law and Dispute Resolution 79 (1998) The core of the Pacific salmon dispute between Canada and the United States is the difference in views about the quantity that fishers from each country can and should harvest from the transboundary resource. There is little or no agreement on the degree to which harvesting must be reduced for conservation purposes or on the necessity to change... 1998  
Edward Grosek A List of Multilateral Treaties That Establish or Protect Copyright and the Right of International Publication Circulation 46 Journal of the Copyright Society of the U.S.A. 113 (Fall, 1998) There are twenty-six multilateral agreements concerned with authorial, literary, and artistic rights or the right of interstate publication circulation. The purpose of this article is to list these treaties plus their modifications, furnish citations for their texts to an international treaty compilation and/or a United States treaty series, and... 1998  
James A. Deeken A New Miranda for Foreign Nationals? The Impact of Federalism on International Treaties That Place Affirmative Obligations on State Governments in the Wake of Printz v. United States 31 Vanderbilt Journal of Transnational Law 997 (October, 1998) I. Introduction. 999 II. Requirements of the Vienna Convention that a Petitioner Might Raise on Federal Habeas Corpus Review. 1001 A. The Requirements of the Vienna Convention. 1002 B. The Role of Habeas Corpus Review in Protecting Individual Rights. 1003 C. The Legal Background of the Effect of Treaties on Personal Rights. 1004 D. The... 1998  
Kent McNeil Aboriginal Rights in Canada: from Title to Land to Terrritorial Sovereignty 5 Tulsa Journal of Comparative & International Law 253 (Spring, 1998) Despite vacillations in policy from treaty acknowledgement of tribal sovereignty and land rights through removal, allotment, reorganization, termination and self-determination, the doctrinal foundations of Indian law have been fairly well settled in the United States since the Marshall Court decisions of the 1820s and 1830s. Not so in Canada, where... 1998  
Michael D. Ramsey Acts of State and Foreign Sovereign Obligations 39 Harvard International Law Journal L.J. 1 (Winter, 1998) Developing nations increasingly view private international investment as a critical source of development capital, and governments around the world are actively pursuing it. However, international investment in developing nations is characterized by high levels of risk, which may either deter private investors or cause them to demand... 1998  
Phillip R. Trimble , Alexander W. Koff All Fall Down: the Treaty Power in the Clinton Administration 16 Berkeley Journal of International Law 55 (1998) For the United States to play an optimum leadership role in an increasingly interdependent world, the President must prevail over the conservative, isolationist minority in the Senate that has plagued U.S. participation in world affairs throughout this century. Yet in less than two months last year, the Clinton administration made four significant... 1998  
Kevin R. Johnson An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties 5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... 1998  
George K. Walker Anticipatory Collective Self-defense in the Charter Era: What the Treaties Have Said 31 Cornell International Law Journal 321 (1998) I. From the Congress of Vienna to World War I. 325 A. The Crimean War. 327 B. The Treaty Map Up to World War I, 1871-1914. 330 C. Analysis. 335 II. The Covenant of the League of Nations and the Pact of Paris. 336 A. The Covenant of the League of Nations. 337 B. Locarno, the Pact of Paris, the Budapest Articles, and Other Treaties. 341 C. Other... 1998  
Jack Alan Levy As Between Princz and King: Reassessing the Law of Foreign Sovereign Immunity as Applied to Jus Cogens Violators 86 Georgetown Law Journal 2703 (July, 1998) The King who would in his transports of fury take away the life of an innocent person, divests himself of his character, and is no longer to be considered in any other light than that of an unjust and outrageous enemy the enemy of humankind. Hugo Princz was a seventeen-year-old American boy who resided with his family in Czechoslovakia during... 1998  
Lea Carol Owen Between Iraq and a Hard Place: the U.n. Compensation Commission and its Treatment of Gulf War Claims 31 Vanderbilt Journal of Transnational Law 499 (March, 1998) The United Nations Compensation Commission (UNCC) was formed in 1991 to address claims against Iraq arising out of the Gulf War. In its seven years of operation, the UNCC has received 2.6 million claims, with an asserted value of more than $244 billion. It has processed 2.4 million of these claims, for a total of $6 billion, and it has paid to... 1998  
Joseph J. Ward Black Gold in a White Wilderness--antarctic Oil: the Past, Present, and Potential of a Region in Need of Sovereign Environmental Stewardship 13 Journal of Land Use & Environmental Law 363 (Spring, 1998) C1-4Table of Contents I. L2-3,T3Introduction 364. II. L2-3,T3Geography and Geology of Antarctica 365. III. L2-3,T3Antarctic Governing Agreements 367. A. The Antarctic Treaty. 367 B. The Protocol on Environmental Protection to the Antarctic Treaty. 368 C. United Nations Convention on the Law of the Sea. 369 IV. L2-3,T3There's Gold in Them There... 1998  
Connie de la Vega , Jennifer Brown Can a United States Treaty Reservation Provide a Sanctuary for the Juvenile Death Penalty? 32 University of San Francisco Law Review 735 (Summer 1998) THE DEVELOPING INTERNATIONAL trend toward the total abolition of the death penalty and the near world-wide abolition of the death penalty for juvenile offenders requires the United States to look closely at its use of the death penalty in general, and the juvenile death penalty in particular. This article examines the United States' use of the... 1998  
LaDonna DiCamillo Caught Between the Clauses and the Branches: When Parents Deny Their Child Nonemergency Medical Treatment for Religious Reasons 19 Journal of Juvenile Law 123 (1998) A fifteen-year-old boy has Von Recklinghausen's disease, a condition causing his face to appear deformed from an overgrowth of skin. The boy struggles to lead a normal childhood life, but he is hampered by his disfigurement and is ultimately released from school. His mother fears that the risky cosmetic surgery, which will merely lessen the... 1998  
Peter A. Drucker Class Certification and Mass Torts: Are "Immature" Tort Claims Appropriate for Class Action Treatment? 29 Seton Hall Law Review 213 (1998) In Amchem Products, Inc. v. Windsor, the United States Supreme Court ventured for the first time into the quagmire known as the mass tort class action. Although courts and scholars have been grappling with class actions and mass torts for years, the Supreme Court had not entered the fray prior to Amchem, and then the Court decided only that product... 1998  
Eric B. Wolff Coeur D'alene and Existential Categories for Sovereign Immunity Cases 86 California Law Review 879 (July, 1998) Individuals may sue state officers in federal court according to a simple rule most closely associated with Ex Parte Young and Jordan: plaintiffs may sue for prospective relief against state officers to stop an ongoing violation of federal law or to force compliance with federal law. This rule broke down in Idaho v. Coeur d'Alene Tribe of Idaho... 1998  
Edward A. Fitzgerald Conoco Inc. v. United States: Sovereign Authority Undermined by Contractual Obligations on the Outer Continental Shelf 27 Public Contract Law Journal 755 (Summer, 1998) I. Introduction 755 II. History of the Conoco Controversy 758 A. Outer Continental Shelf Leasing in North Carolina 758 B. The Outer Banks Protection Act 760 C. Outer Continental Shelf Lease Suspension 762 III. Contract Interpretation 764 A. Language of the Leases 765 B. Nature of the Leases 765 C. Statutory Purposes 767 IV. Breach of Contract 768... 1998  
Keith Aoki Considering Multiple and Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, and the Internet 5 Indiana Journal of Global Legal Studies 443 (Spring, 1998) The Internet is not a threat to sovereignty, and sovereignty is not a threat to the Internet. By rejecting the formulation of the question, Is the Internet a threat to sovereignty, I do not mean to suggest that our notions of sovereignty are not currently undergoing profound transformations (they certainly are) or that the Internet has had no... 1998  
Eridania PÉrez-Jaquez Constitutionalizing State Sovereign Immunity: ex Parte Young and the Conservative Wing's Attempt to Restore Federalism and Empower States 51 Rutgers Law Review 229 (Fall, 1998) The Eleventh Amendment creates a significant limitation on federal courts' jurisdiction, protecting state sovereignty by immunizing states from suits brought in federal courts by citizens of other states or citizens of any foreign country. To the dismay of constitutional textualists, the Supreme Court in Hans v. Louisiana expanded the meaning... 1998  
Rachel F. Calabro Correction Through Coercion: Do State Mandated Alcohol and Drug Treatment Programs in Prisons Violate the Establishment Clause? 47 DePaul Law Review 565 (Spring 1998) Over sixty percent of federal prison inmates are incarcerated for drug and alcohol offenses. The Bureau of Justice Statistics predicts that by the year 2000, eighty percent of all people in jails and prisons will be there because of substance abuse problems. It has been suggested that these statistics help to explain why prisons tend to exceed... 1998  
Bill Maurer Cyberspatial Sovereignties: Offshore Finance, Digital Cash, and the Limits of Liberalism 5 Indiana Journal of Global Legal Studies 493 (Spring, 1998) sovereign ('sovrin). . .I. sb. 1. a. One who has supremacy or rank above, or authority over, others; a superior; a ruler, governor, lord, or master (of persons, etc.). Freq. applied to the Deity in relation to created things. In his answer to his article's title question, The Internet as a Threat to Sovereignty? Thoughts on the Internet's Role in... 1998  
Robert Post Democracy, Popular Sovereignty, and Judicial Review 86 California Law Review 429 (May, 1998) It is eminently appropriate that the Inaugural Lecture of the Brennan Center Symposium on Constitutional Law be delivered by Frank Michelman, for no one could be more deserving or more enlightening. It is also appropriate that Michelman should choose as his topic the tension between democracy and constitutionalism, for this tension has been the... 1998  
R. Joseph Parkey, Jr. Department of Transportation & Development v. Pnl Asset Management Co. (In re Estate of Fernandez): Congress May Not Abrogate the States' Eleventh Amendment Sovereign Immunity While Acting Pursuant to the Bankruptcy Clause of Article I 72 Tulane Law Review 1895 (May, 1998) Julian E. Fernandez, purporting to act as a general partner for a Louisiana partnership, JEF Developers, purchased property in Terrebonne Parish, Louisiana from New Communities, Inc., on August 8, 1974. JEF did not come into existence, however, until one day after Fernandez's transaction with New Communities. In 1984, the State of Louisiana... 1998  
George A. Martínez Dispute Resolution and the Treaty of Guadalupe Hidalgo: Parallels and Possible Lessons for Dispute Resolution under Nafta 5 Southwestern Journal of Law and Trade in the Americas 147 (Spring 1998) It has been 150 years since the United States and Mexico entered into the Treaty of Guadalupe Hidalgo (Treaty). In 1848, the Treaty ended the war between the United States and Mexico. The Treaty purported to protect certain rights of Mexican citizens in the areas ceded to the United States. Over the years, Mexican-Americans have sought to litigate... 1998  
Michael P. Van Alstine Dynamic Treaty Interpretation 146 University of Pennsylvania Law Review 687 (March, 1998) [T]o alter, amend, or add to any treaty, by inserting any clause, whether small or great, important or trivial, would be on our part an usurpation of power, and not an exercise of judicial functions. It would be to make, and not to construe a treaty. Neither can this Court supply a casus omissus in a treaty, any more than in a law. We are to find... 1998  
Guadalupe T. Luna En El Nombre De Dios Todo-poderoso: the Treaty of Guadalupe Hidalgo and Narrativos Legales 5 Southwestern Journal of Law and Trade in the Americas 45 (Spring 1998) In the name of Almighty God. The United States of America, and the United Mexican States, animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics, and to establish upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both,... 1998  
Andrew S. Gold Formalism and State Sovereignty in Printz v. United States: Cooperation by Consent 22 Harvard Journal of Law & Public Policy 247 (Fall 1998) In Printz v. United States, the Supreme Court expressly rejected functionalism as a consideration in the state sovereignty context, replacing it with a structural formalism. It is the thesis of this article that academic doubts about the historical analysis and jurisprudential precedents relied upon by the Printz majority should not overshadow the... 1998  
Suzanne M. Dardis Gleason v. Peters: an Application of the Public Duty Rule as a Judicial Resurrection of Sovereign Immunity 43 South Dakota Law Review 706 (1998) Even though sovereign immunity is conditionally waived in South Dakota, the supreme court has held that the public duty rule is still a valid defense available to governmental entities in suits brought against them by citizens of the general public. The public duty rule shields governmental units from liability arising out of a breach of a duty... 1998  
  Global Constitutionalism and Democrary 23 Yale Journal of International Law 275 (Winter 1998) After Germany's unification within a common constitutional framework in 1871, the construction of the constitutional subject's identity was paralleled by two interrelated but distinguishable processes: an ongoing normative discourse about the state and its formal and substantial organization through a constitutive process, and practices of... 1998  
Major Guy P. Glazier He Called for His Pipe, and He Called for His Bowl, and He Called for His Members Three--selection of Military Juries by the Sovereign: Impediment to Military Justice 157 Military Law Review Rev. 1 (October, 1998) Tendencies, no matter how slight, toward the selection of jurors by any method other than a process which will insure a trial by a representative group are undermining processes weakening the institution of jury trial, and should be sturdily resisted. [L]et it be again remembered, that delays and little inconveniences in the forms of justice are... 1998  
Alfred R. Light He Who Pays the Piper Should Call the Tune: Dual Sovereignty in U.s. Environmental Law 4 Environmental Lawyer 779 (June, 1998) Since the ratification of the U.S. Constitution, courts and scholars have grappled with the proper formulation of dual sovereignty, the concept used to describe the tenuous balance of power between the federal government and the states. Through a recent decision, the U.S. Supreme Court may have transformed the landscape of federal-state... 1998  
David J. Jannuzzi Hopwood, Equal Protection, and Affirmative Action: Can Anyone's Ox Be Gored? 14 Touro Law Review 549 (Winter, 1998) Seeking to right a wrong, affirmative action was born of the heels of the advancements made in the area of civil rights during the nineteen sixties. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 were, as legislative entities, far reaching in their aspiration to enforce the civil rights of the still disenfranchised black community.... 1998  
C. Blue Clark How Bad it Really Was Before World War Ii: Sovereignty 23 Oklahoma City University Law Review 175 (Spring-Summer 1998) Focusing on California and Oklahoma Indian experience, the author underscores what the discipline of history can offer the study of law. The Article examines the implications of the federal policy of paternalism, which displayed the worst attributes of imperialism, cynical manipulation, and coercion in its treatment of tribal self-rule from... 1998  
Edward Grosek How to Research International Treaties and Agreements 20 Loyola of Los Angeles International and Comparative Law Journal 641 (December, 1998) I. Preface. 643 II. Table. 644 III. General Compilations of Treaties and of Other Sources of Treaty Texts and the Indices to Them. 661 A. General International Treaty Collections. 661 B. International Law. 665 IV. The Importance of Historical Compilations. 671 V. National Yearbooks and Other National Sources. 672 A. Australia. 672 B. Canada. 673 C.... 1998  
Heather M. Walters Impact of Foreign Sovereign Immunity on Epa's New, but Not Necessarily Improved, Gasoline Rule 50 Administrative Law Review 861 (Fall, 1998) C1-2Introduction 862 I. History of the EPA's Gasoline Rule. 864 A. May 1994 Amendments to the Initial Regulation. 864 B. World Trade Organization Ruling. 865 1. Reasons to Revise the Existing Gasoline Rule. 865 2. Implications for GATT. 867 C. New Gasoline Rule - August 1997. 867 1. Optional Individual Baseline. 867 2. Requirement of Waiver of... 1998  
Timothy P. McElduff, Jr. In re Mcmullen and the Supplementary Extradition Treaty: an Unconstitutional Bill of Attainder? 11 New York International Law Review 139 (Winter, 1998) On March 30, 1996, Peter Gabriel John McMullen made his first appearance before magistrates in Ripon, England, to answer charges of bombing British Army barracks in 1974. McMullen, a former member of the Provisional Irish Republican Army (PIRA), had spent the last 20 years in the United States after fleeing Northern Ireland at the height of the... 1998  
P.R.V. Raghaven India Ratifies New Treaties with Sweden, Canada, and Belgium 9 Journal of International Taxation 36 (July, 1998) Since October 1997, India has ratified new tax treaties with Sweden, Canada, and Belgium. As discussed below, the treaties provide excellent opportunities for investors looking for special-purpose vehicles (i.e., overseas companies created with the intent of using them for investment into specific destinations) for their proposed investments into... 1998  
Lloyd Burton Indigenous Peoples and Environmental Policy in the Common Law Nation-states of the Pacific Rim: Sovereignty, Survival, and Sustainability 1998 Colorado Journal of International Environmental Law and Policy 136 (1998) For most of human history, peoples on both sides of the Pacific Ocean have regarded its vast expanse as a somewhat daunting geographic barrier. It has separated East from West, the known from the unknown, the familiar from the mysterious. Although Polynesian navigators have been traversing the majority, if not the entirety, of its breadth for a... 1998  
Rosemary J. Coombe Intellectual Property, Human Rights & Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conversation of Biodiversity 6 Indiana Journal of Global Legal Studies 59 (Fall, 1998) What would it mean to recognize intellectual property rights as international human rights? This is a speculative question because although there is a case to be made that intellectual property rights (IPRs) are already human rights, they are rarely approached in this fashion, either by governments or by the holders of such rights. By situating... 1998  
Thomas Healy Is Missouri v. Holland Still Good Law? Federalism and the Treaty Power 98 Columbia Law Review 1726 (November, 1998) Since the Supreme Court's 1920 decision in Missouri v. Holland, it has been widely assumed that the treaty power is not limited by concerns of federalism. Yet in light of the Court's recent federalism jurisprudence, that assumption may no longer be valid. In a string of recent cases, the Court has protected the states from a broad range of federal... 1998  
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