AuthorTitleCitationSummaryYearKey Terms
Frederick J. Petersen The Façade of Humanitarian Intervention for Human Rights in a Community of Sovereign Nations 15 Arizona Journal of International & Comparative Law 871 (Fall, 1998) On the international scene, problems must often be approached as broad ideals. Freedom, equality, justice, and peace are all examples of concepts that the world agrees need to be pursued, but there is no one method of accomplishing these end goals that is appropriate for all situations. Approaches must be particularized for each circumstance.... 1998  
Alexandra New Holy The Heart of Everything That Is: Paha Sapa, Treaties, and Lakota Identity 23 Oklahoma City University Law Review 317 (Spring-Summer 1998) The Black Hills, or Paha Sapa, are a critical source of Lakota identity. One of the most important and visible mechanisms the Lakota have employed to preserve and reassert their relationship to Paha Sapa has been the United States legal system. In this Article, the author theorizes three historical periods of the Lakota-Paha Sapa relationship,... 1998  
J. Michael Robinson The Information Revolution - Culture and Sovereignty - a Canadian Perspective 24 Canada-United States Law Journal 147 (1998) This session is unusual in at least two respects: it is a rematch from 1997, and it is your entertainment for today. We are going to do it in a debate/drama style. You have heard of the Thrilla from Manila, and there was the Rumble in the Jungle. Well, this is the Clash in Cleveland on Culture. Belligerence in the United States on this... 1998  
Robert E. Lutz The Mexican War and the Treaty of Guadalupe Hidalgo: What's Best and Worst about Us 5 Southwestern Journal of Law and Trade in the Americas 27 (Spring 1998) The signing of the Treaty of the Guadalupe Hidalgo (Treaty) lives in infamy. Thus, on its one-hundred fiftieth anniversary, there is good reason to study, criticize and interpret that Treaty and the events ending the Mexican-American War. In doing so, however, two points--one past and one present--should be kept in mind. The past: it was as recent... 1998  
Roger C. Hartley The New Federalism and the Ada: State Sovereign Immunity from Private Damage Suits after Boerne 24 New York University Review of Law and Social Change 481 (1998) State sanctioned disability-based discrimination comes in two basic flavors: prejudice and thoughtlessness. The former takes disability into consideration, while the latter ignores it. The Fourteenth Amendment's Equal Protection Clause prohibits the prejudice but not the thoughtlessness, at least when the latter is unassociated with irrational... 1998  
John C. Yoo The New Sovereignty and the Old Constitution: the Chemical Weapons Convention and the Appointments Clause 15 Constitutional Commentary 87 (Spring 1998) A noted scholar on foreign affairs law has declared, [n]o provision in any treaty has been held unconstitutional by the Supreme Court and few have been seriously challenged there. The Constitution appears to subject treaties and executive agreements to the same limitations that apply to all other actions of the federal government. Further, the... 1998  
Darrel W. Amundsen The Ninth Circuit Court's Treatment of the History of Suicide by Ancient Jews and Christians in Compassion in Dying v. State of Washington: Historical Naivete or Special Pleading? 13 Issues in Law and Medicine 365 (Spring, 1998) ABSTRACT: In this article, Prof. Darrel Amundsen critiques Judge Reinhardt's comments regarding Historical Attitudes Toward Suicide in his Compassion in Dying opinion. Amundsen demonstrates that the court's characterization of ancient Jewish and Christian practices is inaccurate and misleading because it fails to acknowledge the complexities of... 1998  
Bruce A. Crawford The Pacific Salmon Treaty: the Washington Department of Fish and Wildlife Perspective 6 Willamette Journal of International Law and Dispute Resolution 113 (1998) The Pacific Salmon Treaty was entered into by both the United States and Canada to attempt to end years of conflict over harvest of Pacific salmon as they passed through the territorial waters of Alaska, British Columbia, Washington, and Oregon. The Treaty was established under the following principles: Each party shall conduct fisheries that... 1998  
Richard L. Garnett The Perils of Working for a Foreign Government: Foreign Sovereign Immunity and Employment 29 California Western International Law Journal 133 (Fall, 1998) An increasingly-observed phenomenon in the employment field is the recruitment of persons from developed countries, particularly the United States, to work for foreign governments and their instrumentalities. Such employment may take place in the United States, in the foreign country itself, or in a third country. Employees may work in highly... 1998  
Roderick M. Hills, Jr. The Political Economy of Cooperative Federalism: Why State Autonomy Makes Sense and "Dual Sovereignty" Doesn't 96 Michigan Law Review 813 (February, 1998) I. The Inadequacy of the Supreme Court's Arguments for State Autonomy. 822 A. What Is the Function of the New York and Printz Anticommandeering Rule? The Inadequacy of the Argument Based on Political Accountability. 824 B. Searching for State Autonomy in Text, History, and Precedent: The Nationalistic Origins of State Autonomy Jurisprudence in... 1998  
S. Elizabeth Wilborn The Right to Refuse Medical Treatment Where There Is a Right, There Ought to Be a Remedy 25 Northern Kentucky Law Review 649 (Summer, 1998) Edward Winter saw his wife suffer through a prolonged terminal illness, and was particularly upset by the intrusiveness of the efforts to keep her alive in the end. He determined not to go through the same experience himself, and gave written instructions to his physician to that effect. Incredibly, Mr. Winter experienced the exact same treatment... 1998  
E. Christi Cunningham The Rise of Identity Politics I: the Myth of the Protected Class in Title Vii Disparate Treatment Cases 30 Connecticut Law Review 441 (Winter 1998) During the Civil Rights Movement, many African Americans discarded their surnames, the names that had been given to their families by slave owners, and adopted the letter X, descriptive of some of what was missing because it had been stolen or forgotten. Having been named by their oppressors, some African Americans searched for ways to re-define... 1998  
Laura H. Huggins The South Carolina Workers' Compensation Act Treats Nonmarital Children like Bastards out of Carolina 49 South Carolina Law Review 1281 (Summer 1998) Over 1.2 million children were born out of wedlock in the United States in 1993. Such births constituted 32% of all U.S. births that year, an increase from 2% thirty years ago. Of those families with children born out of wedlock, 83% rely on welfare or other government assistance. The public has become increasingly aware of the unique problems and... 1998  
Richard H. Seamon The Sovereign Immunity of States in Their Own Courts 37 Brandeis Law Journal 319 (Spring, 1998) The United States Supreme Court decision in Seminole Tribe v. Florida makes it important to determine when, if ever, Congress can compel state courts to hear private lawsuits against their own state. The Seminole Tribe Court held that Congress cannot use its Article I powers to authorize private lawsuits brought against unconsenting states in the... 1998  
Lian A. Mito The Timor Gap Treaty as a Model for Joint Development in the Spratly Islands 13 American University International Law Review 727 (1998) Introduction. 728 I. The International Law Standard. 730 A.Judicial Decisions. 730 B.The United Nations Convention on the Law of the Sea. 733 II. The Spratly Islands. 734 A.Background and History of the Dispute. 734 B.Claimant Countries. 737 1.China. 737 2.Taiwan. 739 3.Vietnam. 740 4.The Philippines. 742 5.Malaysia. 744 6.Brunei. 746 C.Evaluation... 1998  
Rodolfo F. Acuña The Treaty of Guadalupe Hidalgo: My Take on the Possible Implications for Today 5 Southwestern Journal of Law and Trade in the Americas 109 (Spring 1998) I am not an expert on the Treaty of Guadalupe Hidalgo. I am not an attorney. I am but a lowly historian. So, I'll begin with a story that the Chicano activist Bert Corona used to tell about another activist who was one day lecturing an audience in Boyle Heights in the 1940s about Kearney's Army of the West and the atrocities it committed upon... 1998  
Curtis A. Bradley The Treaty Power and American Federalism 97 Michigan Law Review 390 (November, 1998) Introduction. 391 I. Contemporary Significance of the Federalism Issue. 395 A. Changes in Treaty-Making. 396 B. Supreme Court's Renewed Commitment to Federalism. 399 C. Other Examples. 402 1. Human Rights Standards. 402 2. Criminal Law and Punishment. 403 3. Commerce and Trade. 406 4. Environmental Protection. 408 5. Commandeering of State... 1998  
Kristen B. Rosati The United Nations Convention Against Torture: a Self-executing Treaty That Prevents the Removal of Persons Ineligible for Asylum and Withholding of Removal 26 Denver Journal of International Law and Policy 533 (Summer, 1998) The crack of the whip, the clamp of the thumb screw, the crush of the iron maiden, and, in these more efficient modern times, the shock of the electric cattle prod are forms of torture that the international order will not tolerate. To subject a person to such horrors is to commit one of the most egregious violations of the personal security and... 1998  
José Angel Pescador Osuna The War Between Mexico and the U.s.a. and the Treaty of Guadalupe Hidalgo of 1848 5 Southwestern Journal of Law and Trade in the Americas 193 (Spring 1998) The title of the panel--Guadalupe Hidlago on its 150th Anniversary: Legacy or Liability: Understanding NAFTA in Light of the Treaty of Guadalupe Hidalgo-- which was the theme suggested to me, seems to me amazing and inappropriate. It is true that there are similarities between the NAFTA and the Treaty of Guadalupe Hidalgo. First, both documents... 1998  
William R. Sprance The World Trade Organization and United States' Sovereignty: the Political and Procedural Realities of the System 13 American University International Law Review 1225 (1998) Introduction. 1226 I. What is Sovereignty. 1227 A. Surrendering Sovereignty?. 1231 B. Critics' Arguments Against the WTO. 1233 II. A Brief History of GATT Dispute Resolution. 1236 A. The Tokyo Round. 1240 B. The Uruguay Round. 1242 III. The World Trade Organization. 1243 A. WTO Voting Procedure. 1245 B. The Dispute Settlement Body. 1246 1. WTO... 1998  
Reuven Cohen Treating and Releasing the Mule: the Rational, Non-discriminatory Provisions of 18 U.s.c. § 3621 7 Southern California Interdisciplinary Law Journal 255 (Summer 1998) Ten years ago, a prisoner with a history of drug abuse in New York state prison would serve his last day and receive forty dollars from the institution. On June 6, 1991, members of the Subcommittee on Crime and Criminal Justice of the Committee on the Judiciary in the United States House of Representatives heard the testimony of Jose Luis Diaz, a... 1998  
Jeffrey Jacobson Trying to Fit a Square Peg into a Round Hole: the Foreign Sovereign Immunities Act and Human Rights Violations 19 Whittier Law Review 757 (Summer, 1998) In America, a deep societal concern has developed over the past decade for human rights violations against American citizens and interests both on native and foreign soil. While the international community continues to make progress in the area of human rights law, the lack of a viable international forum for these disputes forces victims to turn... 1998  
By Steve Lash U.s. Department of the Army 1998-99 Preview of United States Supreme Court Cases 146 (11/20/1998) The doctrine of sovereign immunity generally provides that the federal government may not be sued without its consent. In the Administrative Procedure Act (APA), however, the government has waived its immunity to suits that seek something other than money damages. After the Ninth Circuit ruled that the APA permits a subcontractor to pursue an... 1998  
Karen Bridges Uncooperative Federalism: the Struggle over Subsistence and Sovereignty in Alaska Continues 19 Public Land & Resources Law Review 131 (1998) We're very mindful of the important role subsistence plays in rural Alaska, but as a sovereign state within the United States we can't tolerate this kind of incursion (by the federal government) into lands and waters that are clearly governed by the state. Because of its vast geographic area which extends from coastal forests in the southeast far... 1998  
Mary Druke Becker We Are an Independent Nation: a History of Iroquois Sovereignty 46 Buffalo Law Review 981 (Fall, 1998) The Iroquois have asserted their sovereignty continuously throughout history. Despite this, much ambiguity surrounds Iroquois sovereignty. For example, during the period of British and French colonialism, each power claimed dominance over the Iroquois. During the modern period, attempts have been made to relegate them to a quasi-sovereign status.... 1998  
Peter R. Rosenblatt What Is Sovereignty? The Cases of Taiwan and Micronesia 32 New England Law Review 797 (Spring, 1998) The title of my contribution to this discussion raises a point that is easy to overlook in discussions relating to the legal status of the Republic of China (ROC) on Taiwan. The range of options across the Strait is not confined, as the title of this conference suggests, to the reunification of China or Taiwan's independence, although either of... 1998  
Brenda Barton When Murdering Hands Rock the Cradle: an Overview of America's Incoherent Treatment of Infanticidal Mothers 51 SMU Law Review 591 (March-April, 1998) I. INTRODUCTION. 592 II. THE CRIME OF INFANTICIDE. 593 A. Defining Human Infanticide and the Infanticidal Mother. 593 B. History of Infanticide. 594 C. England's Infanticide Act. 596 D. Infanticide's Development in American Law. 597 III. THE ROLE OF INSANITY AS A DEFENSE. 597 A. Insanity Tests in America. 597 B. A Finding of Guilty but Mentally... 1998  
Tram N. Nguyen When National Origin May Constitute a Bona Fide Occupational Qualification: the Friendship, Commerce, and Navigation Treaty as an Affirmative Defense to a Title Vii Claim 37 Columbia Journal of Transnational Law 215 (1998) Following the Second World War, the United States entered into various Friendship, Commerce and Navigation treaties (FCNs) in an effort to promote overseas investment. As provided under many such FCNs, foreign employers operating in the United States are permitted to hire certain executive, managerial and technical personnel of their choice. With... 1998  
Billy Evans Horse , Luke E. Lassiter A Tribal Chair's Perspective on Inherent Sovereignty 10 St. Thomas Law Review 79 (Fall, 1997) Many years ago, my grandfather, William Cornbread Tanedooah, who was one of the last Kiowa doctors--or as we say in English, medicine men--passed to me one of his bundles, a bundle possessing buffalo medicine. And with it, my grandfather told me the following story: When the Kiowas were still free on the Plains following the buffalo, there was... 1997 Yes
Susan Beth Farmer Altering the Balance Between State Sovereignty and Competition: the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 23 Ohio Northern University Law Review 1403 (1997) To paraphrase Justice Stevens' dissent in Seminole Tribe, both the Seminole Tribe case and the antitrust laws are about power in different senses. Seminole Tribe power is the power of federal courts to assert jurisdiction over state governments. The antitrust laws are concerned about market power; the power of firms to raise prices, to fix... 1997 Yes
Susan Beth Farmer Balancing State Sovereignty and Competition: an Analysis of the Impact of Seminole Tribe on the Antitrust State Action Immunity Doctrine 42 Villanova Law Review 111 (1997) C1-3Table of Contents I. The Development of the Doctrine of State Sovereign Immunity Under the Eleventh Amendment. 116 A. The Chisholm Decision. 117 B. The Hans Decision. 122 C. Modern Eleventh Amendment Analysis. 125 II. The Seminole Tribe Decision--The Ascent of the Minority. 132 A. Factual Background. 133 B. Supreme Court's Majority Holding and... 1997 Yes
Stephanie A. Levin Betting on the Land: Indian Gambling and Sovereignty 8 Stanford Law and Policy Review 125 (Winter, 1997) Recently, more and more Americans have been surprised to discover that Indian tribes are actually separate, and in many ways self-governing, units within the American political structure. While they may have been aware that Indians lived on reservations somewhere, or may have had vague and probably stereotyped images of Indian history and... 1997 Yes
Colleen F. Walsh Constitutional Law--sovereign Immunity--congress's Article I Powers May Not Abrogate State Sovereign Immunity Granted by the Eleventh Amendment and ex Parte Young Is Inapplicable to Suits Brought under the Indian Gaming Regulatory Act--seminole Tribe v. F 27 Seton Hall Law Review 806 (1997) The concept of sovereign immunity predates the formation of a federal government in the United States. Initially founded on the belief that the King enjoyed immunity from all private suits, some scholars argue that the Tenth Amendment incorporated sovereign immunity into the Constitution. Others claim the protection of sovereign immunity did not... 1997 Yes
Wambdi Awanwicake Wastewin Federal Courts--Indians: the Eleventh Amendment and Seminole Tribe: Reinvigorating the Doctrine of State Sovereign Immunity 73 North Dakota Law Review 517 (1997) In the United States, there are three major governmental entities: the federal government, state governments, and tribal governments. In March of 1996, the Supreme Court in Seminole Tribe v. Florida case reassessed the balance of power between these three governmental entities. This reassessment cast into doubt certain previously relied upon... 1997 Yes
Andrew I. Gavil Interdisciplinary Aspects of Seminole Tribe v. Florida: State Sovereign Immunity in the Context of Antitrust, Bankruptcy, Civil Rights and Environmental Law 23 Ohio Northern University Law Review 1393 (1997) This Mini-Symposium was originally conducted as a live program at the Annual Conference of The Association of American Law Schools, January 7, 1997, in Washington, D.C. The impetus for the program was the Supreme Court's March 27, 1996, decision in Seminole Tribe v. Florida, in which it held that the Eleventh Amendment bars Congress from... 1997 Yes
by Kevin J Worthen Kiowa Tribe of Oklahoma 1997-98 Preview of United States Supreme Court Cases 232 (12/30/1997) The Supreme Court has recognized that Indian tribes, like other sovereigns in our governmental system, enjoy sovereign immunity the right not to be sued without their consent. The issue in this case is whether tribal sovereign immunity extends to suits in state court arising from a tribe's business activities that occur outside Indian country.... 1997 Yes
Sandra Day O'Connor Lessons from the Third Sovereign: Indian Tribal Courts 33 Tulsa Law Journal L.J. 1 (Fall, 1997) Today, in the United States, we have three types of sovereign entities--the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each plays an important role in the administration of justice in this country. The part played by the tribal courts is expanding. As of 1992, there were... 1997 Yes
Sandra Day O'Connor Lessons from the Third Sovereign: Indian Tribal Courts 33 Tulsa Law Journal L.J. 1 (Fall, 1997) Today, in the United States, we have three types of sovereign entities--the Federal government, the States, and the Indian tribes. Each of the three sovereigns has its own judicial system, and each plays an important role in the administration of justice in this country. The part played by the tribal courts is expanding. As of 1992, there were... 1997 Yes
G. William Rice Of Cold Steel and Blueprints: Musings of an Old Country Lawyer on Crime, Jurisprudence, and the Tribal Attorney's Role in Developing Tribal Sovereignty 7-WTR Kansas Journal of Law & Public Policy 31 (Winter, 1997) Far best is he who knows all things himself; Good, he that hearkens when men counsel right; But he who neither knows, nor lays to heart Another's wisdom, is a useless wight. Three decades ago, a new generation of Indian lawyers began to emerge from the law schools of this country. This first generation of Indian lawyers has exerted a tremendous... 1997 Yes
Kelly S. Croman One Size Does Not Fit All: the Failure of Washington's Licensing Standards for Alcohol and Drug Treatment Programs and Facilities to Meet the Needs of Indians 72 Washington Law Review 129 (January, 1997) Abstract: It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers... 1997 Yes
Ronald Eagleye Johnny Practicing Tribal and Indian Law along Highway 50 5-JUN Nevada Lawyer 15 (June, 1997) Whether you drive the length of Highway 50 beginning from the east or west, you begin your journey in what was, until the 1980s for some tribes, land owned by three of the four Native American Nations that occupied what became Nevada before the coming of the white man: the Western Shoshone on the east, the Washoe on the west, and the Northern... 1997 Yes
Eleas Horne Seminole Tribe of Florida v. Florida: the Eleventh Amendment Upholds State Sovereign Immunity in the Face of Congressional Abrogation to the Contrary 17 Journal of Land, Resources, & Environmental Law 108 (1997) In Seminole Tribe of Florida v. Florida (Seminole), the United States Supreme Court expanded the Eleventh Amendment by declaring that Congress does not have constitutional authority under the Indian Commerce Clause to abrogate a state's immunity from suit in federal court. Under the Indian Gaming Regulatory Act (IGRA), Congress provided a statutory... 1997 Yes
Laura M. Herpers State Sovereign Immunity: Myth or Reality after Seminole Tribe of Florida v. Florida? 46 Catholic University Law Review 1005 (Spring 1997) The Eleventh Amendment to the United States Constitution provides, The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. The Amendment embodies the doctrine of... 1997 Yes
Julie A. Clement Strengthening Autonomy by Waiving Sovereign Immunity: Why Indian Tribes Should Be "Foreign" under the Foreign Sovereign Immunities Act 14 Thomas M. Cooley Law Review 653 (Michaelmas Term, 1997) In 1831, Chief Justice John Marshall set the stage for a paradox that continues today. In a landmark decision, he categorized Indian tribes as domestic dependent nations, and the phrase has eluded definition ever since. Domestic dependent nation may be an oxymoron. Nation, at the very least, implies independence rather than dependence;... 1997 Yes
Robert B. Porter Strengthening Tribal Sovereignty Through Government Reform: What Are the Issues? 7-WTR Kansas Journal of Law & Public Policy 72 (Winter, 1997) Throughout Indian country today, it seems that acrimony is the rule rather than the exception. Leadership challenges, membership disputes, constitutional crises, and often violence have afflicted both the largest and smallest Indian nations. While we know that there has always been some degree of internal turmoil, modern infighting seems... 1997 Yes
Robert B. Porter Strengthening Tribal Sovereignty Through Peacemaking: How the Anglo-american Legal Tradition Destroys Indigenous Societies 28 Columbia Human Rights Law Review 235 (Winter 1997) Three Killed in Gunbattle Triggered by Seneca Feud --Headline, The Buffalo News State Court jurisdiction over the type of internal dispute present here would set a dangerous precedent that could severely undermine the (Seneca) Nation's sovereignty, usurp the authority of the Nation's courts, and erode the power of the Nation's leaders to govern for... 1997 Yes
Lawrence Watters , Connie Dugger The Hunt for Gray Whales: the Dilemma Native American Treaty Rights and the International Moratorium on Whaling 22 Columbia Journal of Environmental Law 319 (1997) Every generation receives a natural and cultural legacy in trust from its ancestors and holds it in trust for its descendants. Edith Brown Weiss More than anything else, whale hunting represents the spiritual and technological preparedness of the Makah people and the wealth of the culture. Makah Tribe I. Introduction. 320 II. The Nature of the... 1997 Yes
Robert B. Porter Tribal Lawyers as Sovereignty Warriors 6-WTR Kansas Journal of Law & Public Policy Pol'y 7 (Winter, 1997) Nya-weh. Thank you for the opportunity to be here with you today. My remarks will focus on my view of Tribal Lawyers as Sovereignty Warriors. First, I am going to talk about my own personal experience in becoming a tribal lawyer. Second, I will discuss the nature of lawyering, both generally, and specifically with respect to tribal lawyering.... 1997 Yes
Honorable Ada Deer Tribal Sovereignty in the Twenty-first Century 10 St. Thomas Law Review 17 (Fall, 1997) Tribal sovereignty is a concept and a reality that is as old as the tribes themselves. That constitutes tens of thousands of years! Yet, in a mere two-year election cycle of the United States House of Representatives, there can be a significant change in whether new House members understand or choose to honor the centuries-old... 1997 Yes
Kathryn R.L. Rand , Steven A. Light Virtue or Vice? How Igra Shapes the Native American Gaming, Sovereignty, and Identity 4 Virginia Journal of Social Policy and the Law 381 (Winter 1997) The casino is not a statement of who we are, but only a means to get us to where we want to be. We had tried poverty for 200 years, so we decided to try something else. --Ray Halbritter, Nation Representative, Oneida Indian Nation of New York, and Chief Executive Officer, Oneida Indian Nation Enterpises Whether regarded as virtue or vice, gaming... 1997 Yes
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