AuthorTitleCitationSummaryYearKey Terms
Elizabeth Grace Livingston Judicial Treatment of the Element of Materiality in Federal Criminal False Statement Statutes 72 Tulane Law Review 1343 (March, 1998) I. INTRODUCTION. 1343 II. THE ELEMENT OF MATERIALITY. 1345 III. RECENT DECISIONS. 1346 A.United States v. Gaudin. 1346 B.United States v. Wells. 1347 C.United States v. Johnson. 1347 IV. THE ELEMENT OF MATERIALITY: EXPRESS INCLUSION OR JUDICIAL IMPOSITION. 1348 A.When Is Materiality, in Fact, an Element of the Offense?. 1351 B.The Consequences of a... 1998  
Alfred R. Light Lifting Printz off Dual Sovereignty: Back to a Functional Test for the Etiquette of Federalism 13 BYU Journal of Public Law 49 (1998) In 1976, the Supreme Court revived constitutional federalism in National League of Cities. In 1985, the Court overruled that decision. In the 1990s, however, the United States Supreme Court once again resurrected constitutional federalism, but this time, however, in a different form the etiquette of federalism. In New York v. United States, the... 1998  
Jack N. Rakove Making a Hash of Sovereignty, Part I 2 Green Bag 35 (Autumn 1998) THANKS TO THE First Amendment, we Americans have the right to use the word sovereignty whenever we wish. Local magistrates cannot fine us for arguing that the Tenth Amendment really recognizes some irreducible sovereignty of the fifty states, or for wondering whether the right to operate gambling casinos is a distinctive badge of Native American... 1998  
Richard Griswold del Castillo Manifest Destiny: the Mexican-american War and the Treaty of Guadalupe Hidalgo 5 Southwestern Journal of Law and Trade in the Americas 31 (Spring 1998) Conquest gives a title which the courts of the conqueror cannot deny, whatever the private or speculative opinion of individuals may be. The Treaty of Guadalupe Hidalgo is one hundred and fifty years old this month, having been signed by United States and Mexican negotiators on February 2, 1848. The Treaty ended a war between Mexico and the... 1998  
Christopher David Ruiz Cameron Mexican-americans in the United States on the Sesquicentennial of the Treaty of Guadalupe Hidalgo 5 Southwestern Journal of Law and Trade in the Americas Am. 5 (Spring 1998) Benito Juárez, the revered 19th century Mexican president, was a lawyer by training who knew that even a society dedicated to the rule of law can be manipulated to embrace the arbitrary laws of rulers. For my friends, grace and justice, Juárez declared. For my enemies, the law. This year marks the 150th anniversary of the signing of the most... 1998  
Erin C. Perkins Migratory Birds and Multiple-use Management: Using the Migratory Bird Treaty Act to Rejuvenate America's National Environmental Policy 92 Northwestern University Law Review 817 (Winter 1998) Today, the world's ecosystems are under tremendous stress. This stress, which is largely a consequence of humankind's encroachment on nature, has created an ever-increasing threat of extinction for ecological communities everywhere. Currently, approximately one species is driven to extinction every day. Over the past decade, four thousand species... 1998  
By James R. Rasband Minnesota 1998-99 Preview of United States Supreme Court Cases 149 (11/20/1998) In 1837, the United States and twelve bands of Chippewa Indians executed a treaty, of which Article V guaranteed the bands [t]he privilege of hunting, fishing, and gathering the wild rice, upon the lands, the rivers and the lakes included in the territory ceded, . . . during the pleasure of the President of the United States. The Court decides... 1998  
Brent Pattison Minority Youth in Juvenile Correctional Facilities: Cultural Differences and the Right to Treatment 16 Law & Inequality: A Journal of Theory and Practice 573 (Summer 1998) Unwanted as workers, underfunded as students, and undermined as citizens, minority youth seem wanted only by the criminal justice system. Although minority youths constitute only thirty percent of the juvenile population in the United States, an overwhelming majority of the youths entering U.S. prisons, state reform schools and detention centers... 1998  
Dr. RaÚl Hinojosa-Ojeda North American Integration and Concepts of Human Rights: Reflections on 150 Years of Treaty Making 5 Southwestern Journal of Law and Trade in the Americas 177 (Spring 1998) Today we have the opportunity to reflect, not only on the one hundred and fifty years of cross-national integration and the evolution of human rights in North America, but also on what we may expect to talk about in a similar conference in the year 2048 for the 200th anniversary of the Treaty of Guadalupe Hidalgo. What will be our reflections at... 1998  
Mark Poole Nuclear Sovereignty: Reservation Waste Disposal for the Twenty-first Century and Beyond? 4 Hastings West-Northwest Journal of Environmental Law and Policy 165 (Summer, 1998) Despite the longstanding conflicts of law among federal, state, and Native American sovereigns and the complexity of environmental regulation and health and safety issues in the area of nuclear disposal, the Mescalero Apache should be afforded the opportunity through self-determination to pursue the location of a private nuclear waste disposal... 1998  
Keith D. Sherry Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs of a Global Community Demand Retirement of the Hague Public Documents Convention 31 John Marshall Law Review 1045 (Spring 1998) There can be no greater error than to expect, or calculate, upon real favors from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard.--George Washington, 1796. The Webster Dictionary defines authentic as something [b]eing what it purports to be; not false or fictitious; genuine; valid; verified .... 1998  
Christopher David Ruiz Cameron One Hundred Fifty Years of Solitude: Reflections on the End of the History Academy's Dominance of Scholarship on the Treaty of Guadalupe Hidalgo 5 Southwestern Journal of Law and Trade in the Americas 83 (Spring 1998) Science has eliminated distance, Melquíades proclaimed. In a short time, man will be able to see what is happening in any place in the world without leaving his house. -Gabriel García Márquez For most of its one hundred fifty years, the Treaty of Guadalupe Hidalgo has been the scholarly province of history rather than of law professors. Whereas... 1998  
Gavin R. Villareal One Leg to Stand On: the Treaty Power and Congressional Authority for the Endangered Species Act after United States v. Lopez 76 Texas Law Review 1125 (April, 1998) I have a question for you, said a young associate at a law firm where I clerked during the summer of 1996. Can you explain to me what cave beetles and blind salamanders have to do with interstate commerce? It does not tax the imagination to picture a federal judge asking exactly the same question in the very near future. Since its passage in... 1998  
Larry J. Pittman Physician-assisted Suicide in the Dark Ward: the Intersection of the Thirteenth Amendment and Health Care Treatments Having Disproportionate Impacts on Disfavored Groups 28 Seton Hall Law Review 774 (1998) I. Introduction. 776 II. The Right-to-Die Jurisprudence. 778 A. Cruzan v. Missouri. 778 B. Washington v. Glucksberg--The Right to Refuse Life-Sustaining Treatment Does Not Include the Right to Demand Physician-Assisted Suicide. 779 1. A Partial Clarification of Cruzan's Scope. 779 2. Casey's Continued Indeterminacy. 780 3. Vacco v. Quill--Muddying... 1998  
Edward Rubin Politics, Doctrinal Coherence, and the Art of Treatise Writing 21 Seattle University Law Review 837 (Spring 1998) Writing a treatise on constitutional law is both necessary and impossible. It is necessary because constitutional law, at least in the United States, is a common law subject. To be sure, it possesses a positive law basis, but that basis is very thin and the decisional law that has flowed from it is luxuriant and complex. In a real positive law... 1998  
Benjamin Means Prohibiting Conduct, Not Consequences: the Limited Reach of the Migratory Bird Treaty Act 97 Michigan Law Review 823 (December, 1998) Nobody is trying to do anything here except to keep pothunters from killing game out of season . . . . Dissatisfied with the protection afforded wildlife by more recent environmental laws, some environmentalists seek to reinterpret one of the oldest federal environmental laws, the Migratory Bird Treaty Act (MBTA). Long understood simply to... 1998  
Renuka E. Rao Protecting Fugitives' Rights While Ensuring the Prosecution and Punishment of Criminals: an Examination of the New Eu Extradition Treaty 21 Boston College International and Comparative Law Review 229 (Winter, 1998) In early 1993, the Spanish government requested the extradition of two suspected members of ETA, a Basque separatist terrorist organization, from Belgium. The Belgian Conseil d'Etat refused to extradite the two Spanish nationals on grounds that Belgian law does not specifically define participation in an armed group as a crime and, also, that the... 1998  
Louis Henkin Provisional Measures, U.s. Treaty Obligations, and the States 92 American Journal of International Law 679 (October, 1998) In Paraguay v. United States, the International Court of Justice entered the following Order: The Court [i]ndicates the following provisional measures: The United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings, and should inform the Court of all... 1998  
David Wilkins Quit-claiming the Doctrine of Discovery: a Treaty-based Reappraisal 23 Oklahoma City University Law Review 277 (Spring-Summer 1998) The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the discovering European nations and their successor states, gained legal title to Indian lands in North America. The author argues,... 1998  
Christopher C. Joyner Recommended Measures under the Antarctic Treaty: Hardening Compliance with Soft International Law 19 Michigan Journal of International Law 401 (Winter 1998) The 1959 Antarctic Treaty provides for certain recommended measures to be adopted and approved as policies by the Antarctic Treaty Consultative Party (ATCP) states governing the regime. These measures are adopted at Antarctic Treaty Consultative Party Meetings (ATCMs) that convene annually and form non-binding instruments, or soft law within the... 1998  
Errol E. Meidinger Reconstituting Haudenosaunee Law, Sovereignty and Governance 46 Buffalo Law Review 799 (Fall, 1998) Justice Brandeis reportedly defined law as that which is boldly asserted and resolutely maintained. An important lesson of this Symposium on Law, Sovereignty, and Tribal Governance: The Iroquois Confederacy is that Brandeis' definition of law seems to apply equally well to sovereignty and governance. Thus, while Brandeis' definition may do... 1998  
Justin D. Cummins Refashioning the Disparate Treatment and Disparate Impact Doctrines in Theory and in Practice 41 Howard Law Journal 455 (Spring, 1998) INTRODUCTION. 456 I. CURRENT ANTI-DISCRIMINATION LAW: THE UNITARY SELF, INTENTIONAL AND PARTICULARIZED RACISM, AND FORMAL EQUALITY. 458 A. The Disparate Treatment Doctrine Under the Illusion of a Unitary Self. 459 1. An Inequitable Requirement of Intent. 459 2. An Unreasonable Standard of Particularized Discrimination. 461 B. The... 1998  
Refugio I. RochÍn Reflections on the Treaty of Guadalupe Hidalgo and the Border it Established 5 Southwestern Journal of Law and Trade in the Americas 141 (Spring 1998) Most Americans have never heard of The Treaty of Guadalupe Hidalgo, yet it is one of the most significant treaties in the annals of U.S. History. Signed on February 2, 1848, more than 150 years ago, the Treaty served to end the United States-Mexican War, a war declared against Mexico by the U.S. Congress on April 23, 1846. As winners of the War,... 1998  
Richard C. Boldt Rehabilitative Punishment and the Drug Treatment Court Movement 76 Washington University Law Quarterly 1205 (Winter, 1998) Introduction. 1206 I. Twentieth Century Rehabilitative Penal Practice in the United States. 1218 A. The Development and Repudiation of the Rehabilitative Ideal. 1219 B. The Practical Critique. 1223 1. The Problems of Diagnosis, Evaluation, and Prognosis. 1224 2. The Problems of Indeterminacy and Discretion. 1230 C. The Theoretical Perspective of... 1998  
Bruce Botelho Reinvigorating the Pacific Salmon Treaty Through Collaborative Dispute Resolution 6 Willamette Journal of International Law and Dispute Resolution 69 (1998) Just as the North Pacific fisheries is one of the most productive fishing grounds in the world, it is also very fertile ground for debate on numerous important conservation and management issues, ranging from on-shore/off-shore processing, the utilization of by-catch, the regulation of the Donut Hole, and high seas interception, to name but a few.... 1998  
Edward John Mulligan Restrictive Liability under the Emergency Medical Treatment Act? 13 Maine Bar Journal 74 (March, 1998) As the cost of medical treatment rose and hospitals attempted to avoid the claimed rough seas of red ink, some Americans found that toll booths were placed in front of the medical treatment highway. These economic screening sentinels resulted in disparaging treatment between those who had the medical payment card and those who were without... 1998  
Joseph J. Heath Review of the History of the April 1997 Trade and Commerce Agreement among the Traditional Haudenosaunee Councils of Chiefs and New York State and the Impact Thereof on Haudenosaunee Sovereignty 46 Buffalo Law Review 1011 (Fall, 1998) The first six months of 1997 were an eventful and important part of the history of New York State's attempts to collect sales and excise taxes on the sales of tobacco products and gasoline on the territories of the various Indian nations within New York's boundaries. This struggle was created by the conflict between the Haudenosaunee and New York... 1998  
Jeri Nazary Sute Reviving Rfra: Congressional Use of Treaty-implementing Powers to Protect Religious Exercise Rights 12 Emory International Law Review 1535 (Fall, 1998) Imagine that two immigrants from Laos have come to America, where hundreds of years before them others came to escape religious persecution in their homelands and to establish a new country based in large part on the free exercise of religion. They continue to practice their native religion, the religious beliefs of the Hmong community, which... 1998  
Jean-Marie Henckaerts Self-executing Treaties and the Impact of International Law on National Legal Systems: a Research Guide 26 International Journal of Legal Information 56 (1998) The effects of international law on the domestic legal order of the various countries of the world are manifold and so are the issues covered in this bibliography. In some countries, some international treaties or treaty provisions can be invoked before and applied by national judges. These are the so-called self-executing treaties or treaty... 1998  
Richard H. Seamon Separation of Powers and the Separate Treatment of Contract Claims Against the Federal Government for Specific Performance 43 Villanova Law Review 155 (1998) A recent Supreme Court decision exposes the federal government to an estimated $10 billion in damages for breach of contract. Despite the obvious impact that such a large monetary obligation can have upon government operations, the government's liability for contract damages is well-settled. In contrast, the government has always been immune from... 1998  
Bryan L. Walser Shared Technical Decisionmaking and the Disaggregation of Sovereignty: International Regulatory Policy, Expert Communities, and the Multinational Pharmaceutical Industry 72 Tulane Law Review 1597 (May, 1998) Law offers both a process for the articulation of community norms and a process for their enforcement. While the second perspective predominates in domestic law, the first has taken precedence in the international arena--and has historically been a field of significant contention. Since the end of the Cold War, however, the articulation of... 1998  
Tracy A. Kaye Show Me the Money: Congressional Limitations on State Tax Sovereignty 35 Harvard Journal on Legislation 149 (Winter, 1998) Over the past few years, Congress has increasingly preempted the states' power to tax, and at the same time, has cut back funding for federally mandated programs. In this Article, Professor Kaye examines the growth of fiscal burdens placed on state and local governments in the form of unfunded mandates. She argues that this has grave policy... 1998  
Richard J. Pierce, Jr. Small Is Not Beautiful: the Case Against Special Regulatory Treatment of Small Firms 50 Administrative Law Review 537 (Summer, 1998) L1-4,T4Introduction 538 I. L3-4,T4Subsidies to Small Firms 540 A. Direct Subsidies. 540 B. Indirect Subsidies in Procurement Programs and Taxation. 541 C. Special Regulatory Treatment of Small Firms. 542 D. The Future of Special Treatment for Small Firms. 543 II. L3-4,T4Justifications for Preferences for Small Firms 549 A. Political Costs. 549 B.... 1998  
John C. Yoo Sounds of Sovereignty: Defining Federalism in the 1990s 32 Indiana Law Review 27 (1998) Federalism is back, with a vengeance. Not so long ago, in Garcia v. San Antonio Metropolitan Transit Authority, it appeared that we had witnessed the Second Death of Federalism, in the words of one prominent scholar. In that case, the Supreme Court had announced that it would no longer exercise judicial review to police the boundaries between the... 1998  
Daniel Lee Sovereign Immunity 66 George Washington Law Review 1066 (April, 1998) In Masonry Masters, Inc. v. Nelson, the D.C. Circuit held that a cost of living enhancement to update the statutory rate of an attorney's fees award under the Equal Access to Justice Act (EAJA) should be calculated from when attorneys perform their services (historic basis), rather than from when a court grants a party the fee award (current... 1998  
Eric B. Easton Sovereign Indignity? Values, Borders and the Internet: a Case Study 21 Seattle University Law Review 441 (Winter 1998) Introduction. 442 I. The Mahaffy-French Murders. 446 A. Investigation and Arrest. 446 B. Press Coverage. 453 C. Pretrial Proceedings. 462 D. Trial and Sentence. 467 E. Defiance and Enforcement. 470 1. Public and Media Reaction. 470 2. Defiance in Cyberspace. 473 3. Attempts at Enforcement. 477 4. Washington Post Article. 482 5. The Legal Battle.... 1998  
Robert Stumberg Sovereignty by Subtraction: the Multilateral Agreement on Investment 31 Cornell International Law Journal 491 (1998) Introduction. 492 I. Overview of the MAI Sovereignty Debate. 496 A. Trade-Offs in the MAI Negotiations. 496 B. Defining Sovereignty as the Balance of Power. 498 C. Main Features of the MAI. 501 D. Sovereignty Preservation Arguments. 503 1. Preemption by Federal Courts. 503 2. Administrative Implementation. 504 3. Legislation. 504 E. Likelihood of... 1998  
Julie Cassidy Sovereignty of Aboriginal Peoples 9 Indiana International & Comparative Law Review 65 (1998) The relevance of establishing Aboriginal sovereignty is not confined to the practical exercise of sovereign powers within a given jurisdiction. It is also relevant to the judicial enforcement of rights. If, as suggested by traditional theory, international law only pertains to the actions of sovereign states and, perhaps as a corollary, only... 1998  
Stephen R. Bough Spitting in a Judge's Face: the 8th Circuit's Treatment of Rule 37 Dismissal and Default Discovery Sanctions 43 South Dakota Law Review 36 (1998) Cat and mouse games and trial by ambush by any party will not be tolerated. [I]t is not the function of [the appellate court] to substitute its judgment for that of the trial judge. I. INTRODUCTION. 36 II. RULE 37: THE HISTORY AND INTENT. 38 A. Sanctionable Actions. 38 B. Sanctions Available. 39 C. Supreme Court Precedent. 40 D. Goals of Rule... 1998  
Matthew F. Weil , William C. Rooklidge Stare Un-decisis: the Sometimes Rough Treatment of Precedent in Federal Circuit Decision-making 80 Journal of the Patent and Trademark Office Society 791 (November, 1998) One of Congress' goals in creating the United States Court of Appeals for the Federal Circuit was to foster uniformity in the application of the law of patents. The importance of such uniformity in achieving the ultimate ends of the patent system is difficult to overstate. As one Chief Judge of the Federal Circuit has observed, consistency in this... 1998  
Karen M. Gebbia-Pinetti State Sovereign Immunity and the Bankruptcy Code [Part One] 7 Journal of Bankruptcy Law and Practice 521 (September/October, 1998) This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This... 1998  
Karen M. Gebbia-Pinetti State Sovereign Immunity and the Bankruptcy Code [Part Two] 8 Journal of Bankruptcy Law and Practice Prac. 3 (November/December, 1998) This article is the second of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The first article laid the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal, court to enforce state and federal law (Journal of... 1998  
R. Andrew Lien Still Thirsting: Prospects for a Multilateral Treaty on the Euphrates and Tigris Rivers Following the Adoption of the United Nations Convention on International Watercourses 16 Boston University International Law Journal 273 (Spring 1998) I. Introduction. 273 II. The Development of Euphrates and Tigris River Basins. 277 A.Historical Usage of the Euphrates and Tigris Rivers and Legal Approaches. 277 B.Iraq's Development of the Euphrates River. 279 C.Syria's Development of the Euphrates River. 281 D.Turkey's Southeast Anatolia Project. 281 III. Turkey's, Syria's, and Iraq's Agreements... 1998  
Detlev F. Vagts Taking Treaties less Seriously 92 American Journal of International Law 458 (July, 1998) A decade ago, my predecessor as Editor in Chief wrote a trenchant critique of what he saw as a tendency of the United States not to give its treaty obligations the weight they deserved. I return to the subject to report that the last ten years have seen an alarming exacerbation of that situation. The mood in the United States about treaty... 1998  
David Orentlicher The Alleged Distinction Between Euthanasia and the Withdrawal of Life-sustaining Treatment: Conceptually Incoherent and Impossible to Maintain 1998 University of Illinois Law Review 837 (1998) Richard Epstein, in his book Mortal Peril, supports euthanasia and assisted suicide and rejects the distinction between them and withdrawal of treatment. In this essay, Professor Orentlicher argues that Epstein is correct in finding no meaningful moral distinction between euthanasia and treatment withdrawal, examines the reasons why the distinction... 1998  
Joanne C. Brant The Ascent of Sovereign Immunity 83 Iowa Law Review 767 (May, 1998) Eleventh Amendment jurisprudence has long been the uncontested domain of federal courts buffs, procedure wonks, and other amiable sorts. It is, even within the rarified air of the legal academy, awfully academic. Theories of the Eleventh Amendment proliferate, and since all of them are unsatisfactory, it seems pointless to choose among them.... 1998  
  The Avoidance of Constitutional Questions and the Preservation of Judicial Review: Federal Court Treatment of the New Habeas Provisions 111 Harvard Law Review 1578 (April, 1998) With the passage of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Congress dramatically circumscribed the Great Writ of Habeas Corpus. The significant limitations enacted as part of the AEDPA pose potentially difficult and troubling constitutional questions. However, many of the extensive constitutional debates on these issues... 1998  
Michael H. Graham The Daubert Dilemma: at Last a Viable Solution? 179 Federal Rules Decisions F.R.D. 1 (July, 1998) When scientific evidence isoffered as substantive evidence or as forming the basis of an expert's opinion, the reliability of the scientific fact derived from a scientific principle generally depends on the following factors: (1) the reliability of the underlying scientific principle; (2) the reliability of the technique or process that... 1998  
Guy Pevtchin The E.c. - an Example of Breaking down the Barriers of Sovereignty - Implications for Canada and the United States 24 Canada-United States Law Journal 89 (1998) As you know, towards the end of World War II, in 1945, guns had not yet been silenced when a handful of men of genius began to work, not to rebuild Europe, but to build a new Europe. One should never underestimate the trauma inflicted upon the European population by two major world wars in less than forty years. As many people say, if the European... 1998  
Franz Xaver Perrez The Efficiency of Cooperation: a Functional Analysis of Sovereignty 15 Arizona Journal of International & Comparative Law 515 (1998) This article is a part of a larger project analyzing the relationship between permanent sovereignty over natural resources and the obligation not to cause transboundary environmental degradation. These principles seem to represent two fundamental objectives pulling in opposing directions. However, it is the aim of this project to reconcile the... 1998  
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