AuthorTitleCitationSummaryYearKey Terms
Valentina O. Okaru Financing Publicly Owned Treatment Works and Instituting Enforcement Measures Against Non-compliant Works under the Clean Water Act 2 Buffalo Environmental Law Journal 213 (Fall, 1994) Evidence of Poor Performance; Reasons For and Nature of Municipal Non-compliance With the Clean Water Act (CWA): Reports illustrate that of the rivers and streams in the United States that do not meet their state water quality standards, 17 percent are failing because of pollution from publicly owned treatment works (POTWs or publicly owned waste... 1994  
John Linarelli Immigration Politics and Sovereignty: National Responses to "Bad" Aliens 88 American Society of International Law Proceedings 439 (April 6-9, 1994) The panel was convened at 2:30 p.m., Friday, April 8, by its Chair, Karen Engle, who introduced the panelists: Linda Bosniak, Rutgers Law School, Camden; Jean Manas, European Law Research Center, Harvard Law School; Harold Hongju Koh, Yale Law School; and Stacy Brustin, Columbus School of Law, The Catholic University of America. In 1987, Professor... 1994  
Mary Christina Wood Indian Land and the Native Sovereignty: the Trust Doctrine Revisited 1994 Utah Law Review 1471 (1994) Introduction. 1472 I. The Gathering Peril: Development Impacting Indian Country and the Federal Government's Role. 1476 A. The Modern Configuration of Indian Land. 1476 B. Indian Land Development in the Self- Determination Era. 1480 C. Actions on Lands Adjacent to Indian Country. 1489 II. The Indian Trust Doctrine: Its Origin and Parameters. 1495... 1994 Yes
A. Cassidy Sehgal Indian Tribal Sovereignty and Waste Disposal Regulation 5 Fordham Environmental Law Journal 431 (Spring, 1994) Commercial waste management companies and the nuclear industry have recently started negotiating with Indian tribes for the use of their lands to store hazardous and nuclear waste. It is their hope that such a measure will provide a solution to the 900 million tons of municipal garbage, toxic waste and sewage sludge generated annually, in the face... 1994 Yes
Moujan M. Walkow Informed Consent--legal Competency Not Determinative of Person's Ability to Consent to Medical Treatment--miller v. Rhode Island Hospital, 625 A.2d 778 (R.i. 1993) 28 Suffolk University Law Review 271 (Spring 1994) Under the common-law right of informed consent, every person has the right to refuse medical treatment. In order to exercise this right, a patient must possess the mental capacity to make informed decisions regarding treatment. In Miller v. Rhode Island Hospital, the Supreme Court of Rhode Island considered whether a judicial determination that a... 1994  
Edwin R. Alley International Litigation and Arbitration 28 International Lawyer 177 (Spring, 1994) Lawyers and law students unacquainted with international law may be tempted to think that it is as dry as dust, but the compelling episodes of international litigation set forth in the books reviewed below suggest that this view is misguided. During an interlude in the background work for this review, I had the diverting experience of reading John... 1994  
Carlos R. Soltero Is Puerto Rico a "Sovereign" for Purposes of the Dual Sovereignty Exception to the Double Jeopardy Clause? 28 Revista Juridica Universidad Interamericana de Puerto Rico 183 (April, 1994) For better or for worse, the thorny issue of the anomalous constitutional status of Puerto Rico faces the Supreme Court once again in an awkward and unexpected legal posture. The Eleventh Circuit ruled earlier this year that the dual sovereignty exception to the Double Jeopardy Clause does not apply to cases where one of the prosecutions is by the... 1994  
Carlos R. Soltero Is Puerto Rico a "Sovereign" for Purposes of the Dual Sovereignty Exception to the Double Jeopardy Clause? 28 Revista Juridica Universidad Interamericana de Puerto Rico 183 (April, 1994) For better or for worse, the thorny issue of the anomalous constitutional status of Puerto Rico faces the Supreme Court once again in an awkward and unexpected legal posture. The Eleventh Circuit ruled earlier this year that the dual sovereignty exception to the Double Jeopardy Clause does not apply to cases where one of the prosecutions is by the... 1994  
David Sachs Is the 19th Century Doctrine of Treaty Override Good Law for Modern Day Tax Treaties? 47 Tax Lawyer 867 (Summer, 1994) There has been substantial controversy in recent years over various congressional tax enactments that have expressly overridden tax-treaty obligations of the United States. This controversy has focused almost exclusively on questions of whether tax treaties were materially violated and, if so, whether this was sound or wise policy. The premise that... 1994  
William J. Murphy Jurisdiction -- Sovereign Immunity -- B Native American Nation Granted Sovereign Immunity from Suit Arising from its Private Off-reservation Transaction, in re Greene, 980 F.2d 590 (9th Cir. 1992), Cert. Denied, 114 S. Ct. 681 (1994). 17 Suffolk Transnational Law Review 599 (Spring 1994) Since the early nineteenth century, the United States Supreme Court has recognized Native American tribes as sovereign nations by virtue of their aboriginal existence in what is now the United States. Consequently, Native American nations have been granted the same immunity from suit traditionally extended to foreign sovereign powers. In In Re... 1994 Yes
Leigh Ann Kennedy Jurisdiction in Violation of an Extradition Treaty: United States v. Alvarez-machain 27 Creighton Law Review 1105 (1993-1994) On June 15, 1992, the United States Supreme Court ruled that a Mexican National forcibly removed and brought to the United States could be tried before an American Court. Humberto Alvarez-Machain had been kidnapped in Guadalajara, Mexico, and transported to the United States. The abduction was conducted by operatives hired by the United States... 1994  
Cynthia L. Estlund Labor, Property, and Sovereignty after Lechmere 46 Stanford Law Review 305 (January, 1994) In 1992, the Supreme Court held in Lechmere, Inc. v. NLRB that an employer may lawfully prohibit union organizers from soliciting on private property unless the organizers faced unique obstacles to communication by other means. Cynthia L. Estlund argues that Lechmere represents an overbroad conception of property owners' right to exclude, by... 1994  
Richard A. Morgan Military Use of Commercial Communication Satellites: a New Look at the Outer Space Treaty and 'Peaceful Purposes' 60 Journal of Air Law and Commerce 237 (September-October 1994) C1-3TABLE OF CONTENTS INTRODUCTION. 239 E9PART I. MILITARY SATELLITE USAGE. 243 A. Military Satellite Usage by Illustrative Countries. 244 1. Defense Policies. 244 2. Country-by-Country Usage. 246 3. United States Military Satellites. 248 4. Former Soviet Union's Military Satellites. 251 B. Commercial Communications Satellite Services. 252 1.... 1994  
Richard B. Bilder, Ralph G. Steinhardt, National Law Center, The George Washington University Modern Law of Self-determination. Edited by Christian Tomuschat. Dordrecht, Boston, London: Martinus Nijhoff Publishers, 1993. Pp. X, 347. Dfl. 185.00; $104.50; £0.75. 88 American Journal of International Law 831 (October, 1994) We live in an era in which the discourse about self-determination has become almost hopelessly ritualized. One dominant orthodoxy portrays the self-determination of peoples as jus cogensone of the preferred norms of general international law from which no derogation is permitted. Grounded in the UN Charter and reaffirmed in a range of declarations... 1994  
Jon D. Erickson, Duane Chapman, Ronald E. Johnny Monitored Retrievable Storage of Spent Nuclear Fuel in Indian Country: Liability, Sovereignty, and Socioeconomics 19 American Indian Law Review 73 (1994) Federal nuclear spent fuel policy has evolved into soliciting Indian tribal and state units of government to volunteer for hosting temporary waste storage, Monitored Retrievable Storage (MRS). Through the United States Office of the Nuclear Waste Negotiator (NWN), feasibility study grants have been awarded almost exclusively to Native American... 1994 Yes
Marc G. Laverdiere Natural Resource Damages: Temporary Sanctuary for Federal Sovereign Immunity 13 Virginia Environmental Law Journal 589 (Summer 1994) Federal facilities, including those run by the Department of Defense (DOD), have long been responsible for discharging hazardous substances and oil into the environment. Many of these substances are the same as those found at major industrial chemical facilities. These discharges have led to accusations that DOD facilities have been carrying on a... 1994  
Robert Corn-Revere New Technology and the First Amendment: Breaking the Cycle of Repression 17 Hastings Communications and Entertainment Law Journal (COMM/ENT) 247 (Fall, 1994) I. First Amendment Identity Crisis on the Information Superhighway . 249 A. What is Wrong With This Picture? . 249 B. Traditionalism, Incrementalism, and Revisionism . 253 C. Cable Television at the Crossroads . 254 II. The Real Issue: Applying the First Amendment to New Technologies . 259 A. Transition to the Multimedia Age . 260 B. Historical... 1994  
Andrew M. Beato Newly Independent and Separating States' Succession to Treaties: Considerations on the Hybrid Dependency of the Republics of the Former Soviet Union 9 American University Journal of International Law and Policy 525 (Winter, 1994) While the leadership of Russian President Boris Yeltsin heralded a welcome change in the historically antagonistic relations between the Soviet Union and the United States, the dissolution of the Soviet Union engenders grave concern over the stability of U.S. foreign relations with Eurasia. Formerly composed of fifteen republics under one central... 1994  
Barry J. Hurewitz Non-proliferation and Free Access to Outer Space: the Dual-use Dilemma of the Outer Space Treaty and the Missile Technology Control Regime 9 High Technology Law Journal 211 (1994) Outer space . . . shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law. . . . There shall be freedom of scientific investigation in outer space . . . and States shall facilitate and encourage international cooperation in such investigation. C1-3Table... 1994  
J. Steven Justice Personhood and Death -- the Proper Treatment of Anencephalic Organ Donors under the Law: in re T.a.c.p., 609 So. 2d 588 (Fla. 1992). 62 University of Cincinnati Law Review 1227 (Winter, 1994) Cultures can be judged in many ways, but eventually every nation in every age must be judged by this test: How did it treat people? Doctors informed Laura Campo and Justin Pearson during Laura's eighth month of pregnancy that their child would be born with an invariably fatal birth defect called anencephaly. Infants exhibiting this condition are... 1994  
Richard B. Bilder Perspectives on Sovereignty in the Current Context: an American Viewpoint 20 Canada-United States Law Journal L.J. 9 (1994) My assignment is to discuss sovereignty in its broadest aspects and beyond our particular North American context. Certainly, sovereignty is a very popular subject these days. Conferences and writings like our own, with titles such as The Problem of Sovereignty , Challenges to Sovereignty , The Limits of Sovereignty , and The Waning of the Sovereign... 1994  
Wright S. Walling , Gary A. Debele Private Chips Petitions in Minnesota: the Historical and Contemporary Treatment of Children in Need of Protection or Services 20 William Mitchell Law Review 781 (1994) I. Introduction . 782 II. The Historical Treatment of Dependent and Neglected Children . 783 A. Medieval and Early Modern Europe . 783 B. Colonial America . 785 C. Eighteenth Century America . 787 D. Nineteenth Century America . 789 E. The Progressive Era . 794 F. Twentieth Century Developments . 798 G. The 1950s and Thereafter . 800 III.... 1994  
Sandra L. Rierson Race and Gender Discrimination: a Historical Case for Equal Treatment under the Fourteenth Amendment 1 Duke Journal of Gender Law & Policy 89 (1994) It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people--women as well as men. --Susan B. Anthony Under the... 1994  
Catherine M. Ovsak Reaffirming the Guarantee: Indian Treaty Rights to Hunt and Fish Off-reservation in Minnesota 20 William Mitchell Law Review 1177 (1994) I. Introduction. 802 II. Background on Indian Treaties. 803 A. Origins. 803 B. Statutory Canons. 805 III. Regulation of Treaty Rights. 808 A. Federal Regulation. 808 1. Regulations Limiting Treaty Rights. 808 2. Regulations Protecting Treaty Rights. 809 B. Tribal Regulation. 811 1. Origin and Extent of Regulation. 811 2. Recognition of Tribal... 1994 Yes
D.W. Greig Reciprocity, Proportionality, and the Law of Treaties 34 Virginia Journal of International Law 295 (Winter, 1994) The balancing of interests is fundamental to the law's role in promoting the well being of society. In establishing and maintaining this balance, the concepts of reciprocity and proportionality figure prominently. At common law, the very idea of contract traversed, even if it did not originate in, the notion of reciprocity. A promise was enforced... 1994  
Lauren E. Passmore Reintroducing Equal Treatment in the "Toxic" Litigation Arena: an Exploration of the Factors Courts Utilize to Divide the Costs of Environmental Remediation 79 Cornell Law Review 1682 (September, 1994) The year is 1994, and the government discovers toxic contamination on SuperGrow, Mr. Goodguy's newly purchased fertilizer factory, which produces ammonia-based fertilizers. Apparently, in 1827 Mr. Sneak, a surreptitious dumper, illegally disposed of several thousand barrels of sodium chloride, commonly known as salt, on the clay-packed site that... 1994  
David J. Bederman Revivalist Canons and Treaty Interpretation 41 UCLA Law Review 953 (April, 1994) L1-2Introduction 954. I. A Primer on U.S. Treaty Interpretation. 955 A. Allocation of Constitutional Power to Interpret Treaties. 956 1. Judicial Deference to Senate Interpretations of Treaties. 957 2. Judicial Deference to Executive Interpretation. 960 B. Basic Methods of Treaty Construction. 963 1. Canon One: Begin interpretation with the... 1994  
Rebecca Tsosie Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence 26 Arizona State Law Journal 495 (Summer, 1994) When Justice Thurgood Marshall stepped down from the Supreme Court, many people mourned the loss of his vision of equality, civil rights, and justice. Marshall's vision lives on in his opinions, however, providing a legacy for future courts grappling with difficult issues such as sovereignty, civil rights, federalism, and individual liberty.... 1994 Yes
Chad W. Swenson South Dakota v. Bourland: Drowning Cheyenne River Sioux Tribal Sovereignty in a Flood of Broken Promises 39 South Dakota Law Review 181 (1994) In South Dakota v. Bourland, the United States Supreme Court precluded the Cheyenne River Sioux Tribe from regulating non-Indian hunting and fishing on reservation lands taken pursuant to the Flood Control Act of 1944 and the Cheyenne River Act of 1954. In examining whether Congress intended to abrogate the Tribe's 1868 Fort Laramie Treaty right to... 1994 Yes
John Postl Sovereign Immunity -- Federal Tort Claims Act -- Wrongful Death Action Against the United States Barred by the Sovereign Immunity Doctrine, Koohi v. United States, 976 F.2d 1328 (9th Cir. 1992), Cert. Denied, 113 S. Ct. 2928 (1993). 17 Suffolk Transnational Law Review 620 (Spring 1994) The common law doctrine of sovereign immunity was based on the premise that the King could do no wrong. Congressional passage of the Federal Tort Claims Act (FTCA) modified the common law interpretation of sovereign immunity by providing that the United States government cannot be sued without its consent. In Koohi v. United States, the United... 1994  
Rajpreet S. Basi Sovereign Savior: the Global Environmental Development Fund: a Need-based Mechanism for Third World Empowerment in Environmental Reform 6-FALL International Legal Perspectives Persp. 3 (Fall, 1994) The developing world - caught between the indignity of charity and the ambition of economic justice. In the history of organized society, natural resources have consistently found their way to those societies which can pay the highest price for them. Initially, the disparity in value may be based upon the difference in technology; either in the... 1994  
Robert F. Drinan, S.J. Sovereignty and Human Rights 20 Canada-United States Law Journal 75 (1994) I am always pleased to accept your invitation and to see my good friend Henry King. We are very happy to see him so prosperous and so idealistic. I welcome also my old friend Professor Richard Bilder, whose daughter incidentally is now a professor at my favorite law school, Boston College Law School. Let me tell you a little story about Cleveland,... 1994  
Gary N. Horlick Sovereignty and International Trade Regulation 20 Canada-United States Law Journal 57 (1994) I have to add an historical note. I note that our materials start with the Treaty of Westphalia in 1648. Certainly from the very beginning of U.S. history, with the treaty that in effect, created us, the Jay Treaty, people were bargaining away sovereign economic rights. We gave away fishing rights to Canada, or as it was then called, Nova Scotia in... 1994  
Stanley M. Spracker Sovereignty and the Regulation of International Business in the Environmental Area: an American Viewpoint 20 Canada-United States Law Journal 225 (1994) Environmental protection and conservation issues have come to the forefront of the international political agenda. This is evidenced by the success of the Rio Earth Summit and the continuing dialogue between nations that has since followed. Although nations on the whole recognize the problem and agree on the ultimate goal of protecting the... 1994  
James A. Casey Sovereignty by Sufferance: the Illusion of Indian Tribal Sovereignty 79 Cornell Law Review 404 (January, 1994) In his first inaugural address, President Andrew Jackson stated that the Cherokees would receive as much humane and considerate attention to their rights' as was consistent with the habits of our Government and the feelings of our people. Echoing this statement, the Supreme Court noted in In re Mayfield that Congress would allow the... 1994 Yes
Elizabeth Pa Martin Sovereignty Education Program 1994-FEB Hawaii Bar Journal 12 (February, 1994) The Native Hawaiian Bar Association was created in June 1992 to promote unity and the exchange of ideas among lawyers and others of Hawaiian ancestry in the legal profession. The organization was also formed to provide a forum for the discussion of issues of interest to individuals of Hawaiian ancestry, to seek justice and effective legal... 1994  
M. R. Franks Sovereignty, Statehood and Self-determination Claims to Statehood in International Law. By Nii Lante Wallace-bruce. New York: Carlton Press, 1994. Pp. 255. Index. 15 Northwestern Journal of International Law and Business 231 (Fall, 1994) To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nii Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the four worlds. Although the origin of the terminology is obscure, the term First World clearly refers to capitalist... 1994  
Joel P. Brous State Sovereignty and Compulsory Negotiations 1994 Journal of Dispute Resolution 125 (1994) Indian tribes located within states that permit gambling are allowed to license and operate gaming activities on Indian lands as long as these activities comply with the Indian Gaming Regulatory Act [hereinafter IGRA]. Congress enacted the IGRA to balance tribal autonomy and economic self-sufficiency with the state police power seeking to control... 1994  
Karol L. Kahalley State Sovereignty--back to the Future: the Supreme Court Reaffirms State Sovereignty in Cooperative Federalism Solutions to Environmental Problems. New York v. United States, 112 S.ct. 2408 (1992) 29 Land and Water Law Review 117 (1994) The Low-Level Radioactive Waste Policy Act of 1980 (the 1980 Act) and the Amendments Act of 1985 (the 1985 Act) represent congressional efforts to address the difficult problem of disposing of low-level radioactive waste (LLRW) generated by commercial use of nuclear technology. Rather than impose a federal solution, the 1980 Act encouraged states... 1994  
Colonel Richard J. Erickson, USAF (Ret.) Status of Forces Agreements: a Sharing of Sovereign Prerogative 37 Air Force Law Review 137 (1994) United States Armed Forces are permanently stationed abroad for national security purposes. These purposes may be expressed in multilateral mutual security treaties, in bilateral defense arrangement, or in domestic legislation of the United States. Armed Forces of the United States have also been stationed overseas as part of an international... 1994  
Janet W. Steverson Stopping Fetal Abuse with No-pregnancy and Drug Treatment Probation Conditions 34 Santa Clara Law Review 295 (1994) Born 12 weeks premature to a woman who had been shooting cocaine into her body all during her pregnancy, the baby weighed 1 pound, 12 ounces at birth. At 9 days old, his intestines ruptured in two places, requiring hours of surgery and leaving the child with an egg-sized colostomy bag pinned to his stomach. Meanwhile, nearly microscopic blood... 1994  
Antonio F. Perez Survival of Rights under the Nuclear Non-proliferation Treaty: Withdrawal and the Continuing Right of International Atomic Energy Agency Safeguards 34 Virginia Journal of International Law 749 (Summer, 1994) On February 25, 1993, the Board of Governors of the International Atomic Energy Agency (IAEA or Agency) adopted a resolution calling upon the Democratic People's Republic of Korea (DPRK or North Korea) to cooperate with the IAEA and accept its request to inspect two sites at Yongbyon. The Agency's Secretariat suspected, and the Board of Governors... 1994  
David E. Spencer Taxation of Interest Depends Heavily on U.s. Treaties 5 Journal of International Taxation 355 (August, 1994) Although many U.S. income tax treaties follow the treasury model, classification of interest and rates of withholding tax vary with each treaty partner. The U.S. imposes a flat 30% withholding tax on U.S.-source interest paid to foreign persons under Sections 871(a)(1)(A) and 881(a)(1) if the interest is not effectively connected with a U.S. trade... 1994  
Michael S. Straubel Textualism, Contextualism, and the Scientific Method in Treaty Interpretation: How Do We Find the Shared Intent of the Parties? 40 Wayne Law Review 1191 (Spring, 1994) In two 1989 decisions of the United States Supreme Court, Justice Antonin Scalia and Justice William Brennan disagreed on when extratextual sources may be consulted to interpret a treaty. Justice Scalia's position was that extratextual sources, such as travaux préparatoires and Senate ratification proceedings, may only be consulted when the text of... 1994  
L. Scott Gould The Congressional Response to Duro v. Reina: Compromising Sovereignty and the Constitution 28 U.C. Davis Law Review 53 (Fall, 1994) C1-3Table Of Contents L1-2Introduction 55. I. Duro and the Duro Fix. 63 A. The Doctrine of Inherent Sovereignty. 63 B. Judicial Limitations of Inherent Sovereignty. 67 1. Oliphant v. Suquamish Indian Tribe. 67 2. Duro v. Reina. 69 C. Public Law 102-137: Recognition or Delegation. 79 D. Applying Public Law 102-137: A Complicated Addition to an... 1994  
Matthew Lippman The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 17 Boston College International and Comparative Law Review 275 (Summer, 1994) This Article traces the development and drafting of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Part I gives an overview of the development of torture in the ancient world and Europe. Part II of the Article recounts the use of torture in the first-half of the twentieth century and outlines the... 1994  
Angela L. Martin The Discretionary Function Exemption Returns Sovereign Immunity to the Throne of Douglas County -- Once Again, the "King Can Do No Wrong": Jasa v. Douglas County 28 Creighton Law Review 247 (December, 1994) Prior to 1946, an individual could not bring a tort action against the United States. However, in 1946, Congress enacted the Federal Tort Claims Act (F.T.C.A.) in response to the growing influx of private tort claims which citizens were bringing against the government. The F.T.C.A. waives sovereign immunity and permits an individual to sue the... 1994  
Christina Gayle Woods The Dual Sovereignty Exception to Double Jeopardy: an Unnecessary Loophole 24 University of Baltimore Law Review 177 (Fall, 1994) The Fifth Amendment protection against double jeopardy, which provides that no person shall be subject for the same offence to be twice put in jeopardy of life or limb, is the oldest of guarantees in the Bill of Rights. Having survived the Dark Ages, the belief in double jeopardy protection reflects the pervasive influence of deeply entrenched... 1994  
Henry J. Reske The High Cost of Bias 80-JUN ABA Journal 80 (June, 1994) A continuing failure to reduce racial and ethnic bias in the justice system poses a challenge to the idea of the rule of law, the new head of the U.S. Department of Justice's Civil Rights Division told a recent ABA gathering. Assistant Attorney General Deval Patrick was among the speakers at the conference, titled Achieving Justice in a Diverse... 1994  
Victor B. Flatt The Human Environment of the Mind: Correcting Nepa Implementation by Treating Environmental Philosophy and Environmental Risk Allocation as Environmental Values under Nepa 46 Hastings Law Journal 85 (November, 1994) [A]ll agencies of the Federal Government shall . . . include in every recommendation or report on proposals for . . . major Federal actions significantly affecting the quality of the human environment, a detailed statement . . . on the environmental impact of the proposed action . . . . -- United States Code And why are you anxious about... 1994  
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