AuthorTitleCitationSummaryYearKey Terms
Evan H. Caminker State Sovereignty and Subordinacy: May Congress Commandeer State Officers to Implement Federal Law? 95 Columbia Law Review 1001 (June, 1995) L1-2Introduction I. Visions of Sovereignty and Subordinacy . 1008 A. States as Subordinate Agents of the Federal Government . 1009 B. States as Sovereign Entities: Emergence of the New Autonomy Model of Federalism . 1015 II. Squaring State Autonomy with Federal Supremacy: The Lesson of State Court Commandeering . 1022 A. Supremacy Principles and... 1995  
Winston P. Nagan Strengthening Humanitarian Law: Sovereignty, International Criminal Law and the Ad Hoc Tribunal for the Former Yugoslavia 6 Duke Journal of Comparative & International Law 127 (Fall, 1995) The importance of strengthening humanitarian law, and, for that matter, human rights law, is evident in light of the ubiquity of recourse to violence to resolve international as well as internal conflicts. This use of violence provokes the most grave deviations from even the most minimal level of moral sensibility. Two conflicts that have shocked... 1995 Yes
Kelly R. Bryan Swimming Upstream: Trying to Enforce the 1992 North Pacific Salmon Treaty 28 Cornell International Law Journal 241 (Winter, 1995) L1-2Introduction 241 I. History of Fishing Agreements in the North Pacific . 244 A. North American-Japanese Relations . 244 B. Russo-Japanese Relations . 246 C. Customary International Law and Related Issues . 247 II. The New Treaty: Changes from the Old Treaty . 250 A. A Ban on High Seas Salmon Fishing . 250 B. The Russian Federation: A New Party... 1995  
Bradley W. Joondeph Tax Policy and Health Care Reform: Rethinking the Tax Treatment of Employer-sponsored Health Insurance 1995 Brigham Young University Law Review 1229 (1995) Section 106 of the Internal Revenue Code permits employees to exclude employer-sponsored health insurance from adjusted gross income. At the same time, employers may fully deduct the cost of purchasing health benefits for their employees. Taxpayers who are self-employed, however, can deduct only 30% of the cost of health insurance, and no deduction... 1995  
John S. Harbison The Broken Promise L Native American Tribal Sovereignty over Reservation Resources 14 Stanford Environmental Law Journal 347 (May, 1995) I. Territory and Collective Rights . 347 II. The Bourland-Brendale-Montana Trilogy . 351 III. Collective Rights in the Liberal Polity . 367 1995 Yes
John S. Harbison The Downstream People: Treating Indian Tribes as States under the Clean Water Act 71 North Dakota Law Review 473 (1995) In the early summer of 1763, a party of French adventurers led by Father Jacques Marquette, a Jesuit priest, and Louis Joliet, a cours de bois, came upon a group of villages at the confluence of the Arkansas and Mississippi Rivers. The villagers were Siouan speakers who called themselves the Quapaw, or Downstream People. Exactly when the Quapaw... 1995 Yes
Detlev F. Vagts The Exclusive Treaty Power Revisited 89 American Journal of International Law 40 (January, 1995) It is now a half century since the last vigorous debate whether there are types of agreements that can only be concluded as treaties to which the Senate has given its advice and consent. Thus, there are only a few veterans to whom the current debate on how the Uruguay Round trade agreements are to be concluded is déjà vu all over again. In 1945 the... 1995  
Stephen A. Zorn The Federal Income Tax Treatment of Gambling: Fairness or Obsolete Moralism? 49 Tax Lawyer Law. 1 (Fall, 1995) Gambling is big business. From a barely tolerated vice (largely confined, along with such other aberrations as no-fault divorce and legalized prostitution, to the wilds of Nevada), the gambling industry has become an integral part of the American economy, and a major source of financial support for revenuestarved state and local governments. Some... 1995  
Carlos Manuel Vazquez The Four Doctrines of Self-executing Treaties 89 American Journal of International Law 695 (October, 1995) A distinction has become entrenched in United States law between treaties that are self-executing and those that are not. The precise nature of this distinctionindeed, its very existenceis a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the most confounding in the United... 1995  
Tim Gebert The Future of Quebec 4 Journal of International Law and Practice 185 (Spring 1995) What exactly do the next few years hold for Quebec's economic and political future, and who will control this destiny? As with any highly complex and controversial issue, there are far more questions than there are answers. However, one thing is certain, time will invariably answer them all. With the September 1994 election now over, and the Parti... 1995  
Jonathan R. Siegel The Hidden Source of Congress's Power to Abrogate State Sovereign Immunity 73 Texas Law Review 539 (February, 1995) Although the Eleventh Amendment secures state sovereign immunity against suits by individuals, the Supreme Court has held that Congress may abrogate that immunity through its power under Section Five of the Fourteenth Amendment. However, the Court has not fully resolved the question of whether the power to abrogate can flow from other of Congress's... 1995  
Craig T. Mierzwa The Indefinite Nuclear Non-proliferation Treaty: Substantial Accomplishments or Ambitious Hopes? 4 Journal of International Law and Practice 555 (Fall 1995) On May 11, 1995, fifty years after the nuclear bombings of Hiroshima and Nagasaki, 178 nations, led by the United States and four other nuclear powers, agreed to permanently extend the United Nations Nuclear Non-Proliferation Treaty (NPT). This twenty-five year-old accord, banning the spread of nuclear, weapons had expired on April 25, 1995. The... 1995  
Yoichiro Hamabe The Jfcn Treaty Preemption of U.s. Anti-discrimination Laws in Executive Positions: Analysis in International Contexts 27 Law and Policy in International Business 67 (Fall, 1995) C1-3Table of Contents Introduction. 68 I. Background. 71 A. Typical Fact Patterns. 71 B. Two Special Features. 74 1. International Context. 74 2. Executive Positions. 77 C. JFCN Treaty Structure. 81 D. Split of Holdings. 84 1. Modified BFOQ Rationale. 85 2. Intentional/Unintentional Standard. 87 3. Non-Contingent Standard. 87 E. Possibility of Fair... 1995  
Deborah C. Malamud The Last Minuet: Disparate Treatment after Hicks 93 Michigan Law Review 2229 (8/1/1995) It is no secret that the Supreme Court's Title VII jurisprudence cloaks substance in the curious garb of procedure. When the Supreme Court talks about employment discrimination under Title VII, it generally does so by creating and refining special proof structures -- different methods of proving discrimination. This emphasis on procedure comes at... 1995  
Sandra Guerra The Myth of Dual Sovereignty: Multijurisdictional Drug Law Enforcement and Double Jeopardy 73 North Carolina Law Review 1159 (March, 1995) As the nation redoubles its efforts to fight crime, federal and state cooperation in law enforcement becomes more commonplace. One by-product of such integrated operations is the increased possibility of successive state and federal prosecutions for multiple offenses arising from the same criminal act. Such prosecutions are often justified under... 1995  
Andronico O. Adede , At “The Rio Environmental Treaties Colloquium”, At The Pace Law School Center for Environmental Legal Studies, October 30, 1994 The Treaty System from Stockholm (1972) to Rio De Janeiro (1992) 13 Pace Environmental Law Review 33 (Fall 1995) Twice this century, the international community has felt the need to discuss and consider, in a global forum, problems encompassing both the environment and development. In 1972, there was the United Nations Conference on the Human Environment (Stockholm Conference). Twenty years later, the international community convened the United Nations... 1995  
Maureen T. Walsh , Bruce Zagaris The United States-mexico Treaty on the Execution of Penal Sanctions: the Case for Reevaluating the Treaty and its Policies in View of the Nafta and Other Developments 2 Southwestern Journal of Law and Trade in the Americas 385 (Fall 1995) I. Introduction to Prisoner Transfer Treaties. 387 A. The Problem of Prisoners in a Foreign Land. 387 B. History of the United States-Mexico Treaty. 390 C. Rationale for Prisoner Transfers. 91 D. Execution of Penal Sanctions as an Element of Criminal Justice Harmonization in the Americas. 394 II. Substantive Transfer Issues. 398 A. Prerequisites... 1995  
Ted L. Mcdorman The West Coast Salmon Dispute: a Canadian View of the Breakdown of the 1985 Treaty and the Transit License Measure 17 Loyola of Los Angeles International and Comparative Law Journal 477 (April, 1995) In June 1994, Canada enacted a regulation requiring foreign fishing vessels that cross selected west coast Canadian waters to purchase a license for such passage. Canada directed the action at U.S. salmon fishing vessels, which previously were exempted from the Canadian law requiring permission to use the waters of Canada's west coast known as the... 1995  
Darby L. Hoggatt The Wyoming Tribal Full Faith and Credit Act: Enforcing Tribal Judgments and Protecting Tribal Sovereignty 30 Land and Water Law Review 531 (1995) In 1994 the Fifty-Second Wyoming Legislature enacted the Wyoming Tribal Full Faith and Credit Act (WTFF&CA) requiring Wyoming state courts to recognize judicial records, orders, and judgments of the Eastern Shoshone and Northern Arapaho Tribes as long as tribal courts recognize Wyoming's judicial records, orders, and judgments. Prior to passage,... 1995 Yes
Richard Monette, James M. Grijalva, P.S. Deloria, Judith V. Royster, Rebecca Tsosie Treating Tribes as States under the Clean Water Act: the Good and the Bad 71 North Dakota Law Review 497 (1995) MR. MONETTE: Good morning. Nice to see you all again. We have a slight change in the panel, as you can see. Let me just first mention that John Harbison has, I understand, taken ill and probably won't be with us today. So he could probably use some of our good thoughts. And Sam Deloria will sit in his place to help respond. Our topic is, as you can... 1995 Yes
David Wippman Treaty-based Intervention: Who Can Say No? 62 University of Chicago Law Review 607 (Spring 1995) Can a state by treaty lawfully authorize forcible external intervention in its internal affairs? Although scholars have debated this question for many years, it is likely to take on renewed importance in the near future. The end of the Cold War has accelerated the post-1945 shift away from interstate aggression and toward intrastate strife as the... 1995  
Frank Pommersheim Tribal Courts: Providers of Justice and Protectors of Sovereignty 79 Judicature 110 (November-December 1995) Tribal courts are now the premier institutions that struggle to analyze and identify the extent of tribal jurisdiction and sovereignty. Tribal courts are the frontline institutions that most often confront issues of American Indian self-determination and sovereignty. At the same time they are charged with providing reliable and equitable... 1995 Yes
Anne D. Lederman Understanding Faith: When Religious Parents Decline Conventional Medical Treatment for Their Children 45 Case Western Reserve Law Review 891 (Spring 1995) The doctrinal teachings of Christian Science, Jehovah's Witness, and numerous other religious minorities in America oppose all or certain medical treatments. Following these tenets, members perceive great harm in conventional care. Thus, parents who abide by these faiths may be inclined to withhold conventional medical care from their ailing... 1995  
Sylvia Renee Sawyer Upstream, Overseas, and Underwater: When a Foreign Subsidiary Files Bankruptcy in the United States, Which Legal Standards Control the Treatment of an Upstream Guaranty? 17 Loyola of Los Angeles International and Comparative Law Journal 409 (February, 1995) As corporations become multinational entities, with affiliations across the globe, international insolvencies turn from speculation to reality. International insolvencies create special problems for the bankruptcy court administering an international corporation's assets. This Comment will focus on how a U.S. bankruptcy court's use of U.S.... 1995  
Luke Aloysius Mcgrath Vietnam's Struggle to Balance Sovereignty, Centralization, and Foreign Investment under Doi Moi 18 Fordham International Law Journal 2095 (May, 1995) Vietnam is a nation under renovation. Beginning in 1986, the Vietnamese Communist Party (VCP) initiated a series of economic reforms to transform Vietnam from a centralized to a market economy. The VCP labelled this program of economic, political, and social renewal doi moi. The central tenet of doi moi is rapid industrial growth and development... 1995  
John Copeland Nagle Waiving Sovereign Immunity in an Age of Clear Statement Rules 1995 Wisconsin Law Review 771 (1995) The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. Clear statement rules now govern statutory interpretation questions involving congressional regulation of core state functions, the abrogation of state Eleventh Amendment immunity, the extraterritorial effect of a statute, congressional... 1995  
Kirke Kickingbird What's past Is Prologue : the Status and Contemporary Relevance of American Indian Treaties 7 St. Thomas Law Review 603 (Summer, 1995) If there is any subject related to American Indians of which the average American has any knowledge, it is Indian treaties. Those citizens who possess this passing knowledge of Indian history and American Indian law often dismiss Indian treaty rights because they believe in the myth of the broken treaty. This myth says that conduct on the part of... 1995 Yes
Youlian Simidjiyski A Comparative Study of the Bulgarian Law on Foreign Investment and the Foreign Investment Laws of Hungary, Poland, and the Czech Republic Through the Prism of the World Bank Guidelines for Treatment of Foreign Investment Bulgarian Law 9 Florida Journal of International Law 277 (Summer 1994) I. Introduction. 278 II. Admission of Foreign Investments. 280 A. Bulgaria. 281 B. The Czech Republic. 283 C. Hungary. 283 D. Poland. 284 II. Conclusion of Chapter II. 286 III. Treatment of Foreign Investments. 288 A. Bulgaria. 289 B. The Czech Republic. 292 C. Hungary. 294 D. Poland. 296 E. Conclusion of Chapter III. 296 IV. Expropriation of... 1994  
Judith V. Royster A Primer on Indian Water Rights: More Questions than Answers 30 Tulsa Law Journal 61 (Fall, 1994) I. Introduction . 62 II. Origins of the Reserved Rights Doctrine . 63 III. Scope and Extent of Reserved Rights . 66 A. Waters Subject to the Right . 67 B. Priority Date . 70 C. Purposes of the Reservation . 71 D. Quantification of the Right . 74 E. Use of Reserved Water Rights . 78 F. Water Transfers and Water Marketing . 82 G. Water Quality . 85... 1994 Yes
Todd Stewart Schenk A Proposal to Improve the Treatment of Women in Asylum Law: Adding a "Gender" Category to the International Definition of "Refugee" 2 Indiana Journal of Global Legal Studies 301 (Fall, 1994) Asylum is provided for in the modern law of civilized nations to protect victims of selected human rights violations occurring worldwide. The typical human rights victim is portrayed in both legal and human rights literature as a male dissident, tortured or imprisoned by the State. The statistics, however, tend to dispel the notion that asylees are... 1994  
Kristin L. Oelstrom A Treaty for the Future: the Dispute Settlement Mechanisms of the Nafta 25 Law and Policy in International Business 783 (Winter, 1994) Representatives of the United States, Mexico, and Canada officially announced the completion of negotiations on a North American free trade agreement (NAFTA) on August 12, 1992. Because Canada and Mexico are two of the United States' three most important trading partners, this agreement will have significant ramifications in areas such as market... 1994  
Julie A. Roin Adding Insult to Injury: the "Enhancement" of S 163(j) and the Tax Treatment of Foreign Investors in the United States 49 Tax Law Review 269 (Winter, 1994) As the level of foreign investment in the United States has grown, so too has concern at both the legislative and more popular levels over whether such investment bears its fair tax share. Ballooning federal deficits, the publication of a series of studies purportedly showing foreign-owned enterprises paying less in federal taxes than comparable,... 1994  
Charles J. Reid, Jr. Am I, by Law, the Lord of the World?: How the Juristic Response to Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism 92 Michigan Law Review 1646 (May, 1994) Kenneth Pennington's new book can fairly be called a tour de force. Pennington begins his book with a subtle and thorough examination of some of the basic elements of the constitutional order that first emerged in Western law in the twelfth and thirteenth centuries -- including theories of sovereignty, power, rights, and due process -- and goes on... 1994  
Lynn Murtha, Suzanne L. Smith An Ounce of Prevention . . . : Restriction Versus Proaction in American Gun Violence Policies 10 Saint John's Journal of Legal Commentary 205 (Fall, 1994) Gun violence in America has risen to startling heights. While the societal and economic costs of gun violence continue to rise, our political system remains impotent in its efforts to curb this national epidemic. Throughout history, the most popular methods employed in attempting to control gun violence have been restrictive in nature. Restrictive... 1994  
Gary L. Francione Animals, Property and Legal Welfarism: "Unnecessary" Suffering and the "Humane" Treatment of Animals 46 Rutgers Law Review 721 (Winter, 1994) There is increasing social concern about our use of nonhumans for experiments, food, clothing, and entertainment. This concern about animals reflects both our own moral development as a civilization, and our recognition that the differences between humans and animals are, for the most part, differences of degree and not of kind. For example, animal... 1994  
Pamela McCormack Appellate Division, First Department, Recognizes an Exception to New York City's Sovereign Immunity 68 Saint John's Law Review 779 (Summer 1994) A municipality, generally, has no affirmative duty to provide police protection absent a special relationship between it and the claimant. Thus, the New York City Transit Authority (TA), absent such special relationship, generally may not be held liable for its failure to provide adequate police protection. This immunity . . . rests upon the... 1994  
Vicki J. Limas Application of Federal Labor and Employment Native American Tribes: Respecting Sovereignty and Achieving Consistency 26 Arizona State Law Journal 681 (Fall, 1994) As Native American tribal economies continue to develop and grow, tribal governments and businesses are providing additional revenues for tribal operations and significant sources of employment for tribal members and others. With increased employment opportunities, however, come increasing numbers of employment disputes. The federal government... 1994 Yes
Keith Highet, George Kahale III, Barry Phillips, Barrister-at-Law, Gray's Inn, London British Commonwealth Case Note 88 American Journal of International Law 775 (October, 1994) During the nineteenth century the Privy Council, the supreme appellate tribunal for the British Empire, had the duty of determining appeals from some 150 colonial, Indian, Admiralty, Vice-Admiralty, prize, ecclesiastical and consular jurisdictions. Clearly, when compared with its authority during the last century, the jurisdiction of the Judicial... 1994  
Aristide R. Zolberg Changing Sovereignty Games and International Migration 2 Indiana Journal of Global Legal Studies 153 (Fall, 1994) In this article, Professor Zolberg argues that today's immigration issues should be analyzed within their historical bases. He follows the formation of the modern State, with particular focus on the legal and political meaning of sovereignty as understood in pre-colonial times down to the World War II period. He next identifies several late... 1994  
Jeffrey A. Hart Comments on "Changing Sovereignty Games and International Migration" 2 Indiana Journal of Global Legal Studies 171 (Fall, 1994) Globalization has at least five separate and distinguishable meanings, which I will label as follows: (1) the existence of a global infrastructure; (2) global harmonization or convergence of some important characteristic feature; (3) borderlessness; (4) global diffusion of some initially localized phenomenon; and (5) geographical dispersion of core... 1994  
Eric D. Suben Contrasting Judicial Approaches to Seamen's Claims under the Foreign Sovereign Immunities Act 18 Tulane Maritime Law Journal 231 (Summer, 1994) Sovereign immunity is a familiar doctrine that allows sovereign or governmental entities to avoid suit, except to the extent those entities consent to be sued. Among the entities entitled to claim such immunity are nations, states, and counties. Maritime lawyers are most familiar with the concept as expressed by the Suits in Admiralty Act, which... 1994  
John J. Yered Criminal Law -- Extradition -- Defendant Forcibly Abducted at Request of United States Government Agents Subject to Jurisdiction of United States Courts Despite Extradition Treaty, United States v. Alvarez-machain, 112 S. Ct. 2188 (1992). 17 Suffolk Transnational Law Review 218 (Winter 1994) In the Extradition Treaty (Treaty) between the United States and Mexico, both parties promised to cooperate in the fight against crime and to mutually assist each other in matters of extradition. In United States v. Alvarez-Machain, the Supreme Court of the United States considered whether a United States court had jurisdiction over a Mexican... 1994  
William V. Vetter Doing Business with Indians and the Three "S"es: Secretarial Approval, Sovereign Immunity, and Subject Matter Jurisdiction 36 Arizona Law Review 169 (Spring, 1994) Indian tribes and individuals are no longer economically isolated. They are increasingly involved in diverse economic activities, including operating on-and off-reservation enterprises, exporting reservation-produced products and services, and purchasing goods and services from off-reservation suppliers. The number and value of economic contracts... 1994 Yes
Kofi Darko Asante Election Monitoring's Impact on the Law: Can it Be Reconciled with Sovereignty and Nonintervention? 26 New York University Journal of International Law & Politics 235 (Winter, 1994) Sovereignty: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the... 1994  
Ray Halbritter , Steven Paul Mcsloy , (Oneida Indian Nation of New York, Wolf Clan) Empowerment or Dependence? The Practical Value and Native American Sovereignty 26 New York University Journal of International Law & Politics 531 (Spring, 1994) She:go. That is an ancient word of address and how our Oneida people still greet one another. My purpose in writing this article is to relate some of the history of my people, the Oneida Indian Nation, one of the Six Nations of the Iroquois Confederacy (more properly referred to as the Haudenosaunee), and to describe the context in which we have... 1994 Yes
Jorge Martin English Polygamy Law and the Danish Registered Partnership Act: a Case for the Consistent Treatment of Foreign Polygamous Marriages and Danish Same-sex Marriages in England 27 Cornell International Law Journal 419 (Spring 1994) On October 1, 1989, Denmark became the first country in modern Western civilization legally to recognize same-sex marriages, officially calling these unions registered partnerships. This bold piece of Danish legislation, the Registered Partnership Act (Partnership Act), represents a milestone in the progression of human rights. The Partnership... 1994  
Jerry R. Parkinson Federal Court Treatment of Corporal Punishment in Public Schools: Jurisprudence That Is Literally Shocking to the Conscience 39 South Dakota Law Review 276 (1994) As a result of the spanking, Shawn Hale suffered what could be reasonably considered as the expected, minor bruises to his buttocks; and he also suffered a minor, small bruise to the smallest finger on his right hand, which had apparently gotten in the way of the paddle as it was being applied to his buttocks. Shawn Hale's case involved a... 1994  
Holly Everett Federal Sovereign Immunity and Cercla: When Is the United States Liable for Costs? 9 Journal of Natural Resources & Environmental Law 479 (1993-1994) In 1980 Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act to respond to the problems associated with abandoned and inactive hazardous waste disposal sites. Provisions for financing the cleanup of these sites were also included in this statute. Essentially, CERCLA places the financial responsibility for... 1994  
Paul J. Donahue Federal Tax Treatment of Health Care Expenditures: Is it Part of the Health Care Problem? 46 Washington University Journal of Urban and Contemporary Law 141 (Summer, 1994) Seeking solutions to social problems is always difficult; some problems are probably impossible to solve within the social context in which they are embedded. Health care reform provides a ready example. Access to health care has been an acknowledged problem probably as long as health care has been provided at a price by members of a learned... 1994  
Alex Dehgan Federalism, Regionalism, and Sovereignty in Russia 5 Seton Hall Constitutional Law Journal L.J. 1 (Fall, 1994) So that in the first place, I put for a generall inclination of all mankind, a perpetuall and restlesse desire of Power after power, that ceaseth onely in Death. And the cause of this, is not always that a man hopes for a more intensive delight, than he has already attained to; or that he cannot be content with a moderate power: but because he... 1994  
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