AuthorTitleCitationSummaryYearKey Terms
Mike Perry Rights of Passage: Canadian Sovereignty and International Law in the Arctic 74 University of Detroit Mercy Law Review 657 (Summer 1997) The ice is beginning to move under our feet . . . To be sure, the Arctic has not been immune to change in the past. But the rate of change today is new. And whether the issue is military, strategic, political, economic or environmental . . . new ways of thinking about the region are required. The Arctic is the world's most under-appreciated region.... 1997  
NORA V. DEMLEITNER Searching for a Solution: How to Punish, Restrain and Treat Sex Offenders 1997 Federal Sentencing Reporter 849850 (10/1/1997) Editor, FSR, and Associate Professor, St. Mary's University School of Law More than perhaps any other crime, sex offenses have caught the attention of American legislators, the media and the public. With accelerating speed, state legislatures and Congress in recent years have criminalized new sexually motivated behavior and passed legislation that... 1997  
Joseph A. Wilson Section 102 of the Uruguay Round Agreements Act: "Preserving" State Sovereignty 6 Minnesota Journal of Global Trade 401 (Winter 1997) The Uruguay round of negotiations was a comprehensive effort to reform the international trade system. To a large extent, these efforts were successful. Among the innovative provisions of the Uruguay Round were agreements on both Trade in Services and Intellectual Property. More importantly, these agreements were accompanied by the creation of a... 1997  
Wayne L. Baker Seminole Speaks to Sovereign Immunity and ex Parte Young 71 Saint John's Law Review 739 (Fall 1997) A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Justice Holmes' explication of sovereign immunity is straightforward and succinct within the narrow province of... 1997  
James E. Pfander Sovereign Immunity and the Right to Petition: Toward a First Amendment Right to Pursue Judicial Claims Against the Government 91 Northwestern University Law Review 899 (Spring 1997) Among the most remarkable and least understood provisions of the First Amendment, the Petition Clause guarantees the right of the people . . . to petition the Government for a redress of grievances. In this Article, I propose that we interpret the Petition Clause as a guaranteed right to pursue judicial remedies for unlawful government conduct.... 1997  
Catherine Adcock Admay Sovereignty over Natural Resources: Balancing Rights and Duties. By Nico Schrijver. Cambridge. Cambridge University Press, 1997. Pp. Xxix, 452. 25 International Journal of Legal Information 238 (1997) The international law principle of permanent sovereignty over natural resources first emerged in modern international law in the 1950's. Debate about the content of this principle, its scope and legal significance has played out in one subfield of international law after the other, decade by decade. In the 60's and 70's permanent sovereignty... 1997  
Louis G. Leonard, III Sovereignty, Self-determination, and Environmental Justoce in the Mescalero Apache's Decision to Store Nuclear Waste 24 Boston College Environmental Affairs Law Review 651 (1997) Throughout history, Americans have had an insatiable appetite for land. The desire for each individual to own a piece of the American dream has brought the dominant capitalist society of the United States into repeated conflict with the communal cultures of North America's indigenous peoples. Despite predating this capitalist culture in North... 1997  
James S. Robbins Sovereignty-building: the Case of Chechnya 21-FALL Fletcher Forum of World Affairs 17 (Summer/Fall, 1997) The purpose of this essay is to elucidate the concept of sovereignty-building, which, simply stated, is the process of becoming a state. It is distinguished from the more familiar concept of nation-building in that nation-building takes the state as a given and seeks ways of building civil society within it. Sovereignty-building begins with civil... 1997  
Brenda Jones Quick Special Treatment Is Fair Treatment for America's Indigenous Peoples 1997 Detroit College of Law at Michigan State University Law Review 783 (Fall, 1997) This essay is not written for Indian law scholars. It is written for the benefit of those who acquired their knowledge of Native Americans from John Wayne, the Lone Ranger and high school history books. C1-2Table of Contents Introduction. 783 I. The Treaties. 785 A. Land Ownership. 786 B. Land and Rights Retained. 786 C. Government/Tribal... 1997  
Marc Vockell State Sovereign Immunity in State-court Admiralty Suits 75 Texas Law Review 631 (February, 1997) A small shipping company, X Shipping Lines, learns that one of its ships has been involved in an accident. The ship was transporting various products down a large river, across several states, toward international waters. While passing through State A, the ship was navigating under a state-owned drawbridge when the drawbridge malfunctioned. Some... 1997  
James T. O'Reilly Stop the World, We Want Our Own Labels: Treaties, State Voter Initiative Laws, and Federal Pre-emption 18 University of Pennsylvania Journal of International Economic Law 617 (Summer 1997) The conflict between federal government treaties and state voter initiative legislation, at first, seems to be an arcane scholarly curiosity, one that presents novel questions of competing sovereignty. Presently, the United States is rapidly moving toward greater adherence to global institutions' needs for predictable trade norms. Simultaneously,... 1997  
Bruce A. Peterson , Mark E. Van Der Weide Susceptible to Faulty Analysis: United States v. Gaubert and the Resurrection of Federal Sovereign Immunity 72 Notre Dame Law Review 447 (1997) Let every man make known what kind of government would command his respect and that will be one step toward obtaining it. --Henry David Thoreau Concord Lyceum (February 1848) The king can do no wrong. That legal fiction, while perhaps equalled in transparency only by the jury will disregard that, nonetheless characterized a century and a half of... 1997  
Timothy S. Guenther Tax Treaties and Overrides: the Multiple-party Financing Dilemma 16 Virginia Tax Review 645 (Spring, 1997) C1-3TABLE OF CONTENTS I. Introduction 646 II. General Principles in Preventing Tax Avoidance 649 III. Legal History of I.R.C. § 7701(l) and Treas. Reg. § 1.881-3 652 IV. The Actual Provisions of Treas. Reg. § 1.881-3 660 V. Treaty Overrides and I.R.C. § 7701(l) and Treas. Reg. § 1.881-3 (1995) 664 A. Can an Administrative Agency Override Treaties?... 1997  
Elizabeth E. Ruddick The Continuing Constraint of Sovereignty: International Law, International Protection, and the Internally Displaced 77 Boston University Law Review 429 (April, 1997) One of the fundamental purposes of the United Nations (U.N.) is to promote and encourage respect for human rights and fundamental freedoms, yet at the same time, its Charter prohibits it from interven[ing] in matters which are essentially within the domestic jurisdiction of any State. International human rights law exists in tension between... 1997  
Barbara Crutchfield George , Paul L. Frantz , Jutta Birmele The Dilemma of the European Union: Balancing the Power of the Supranational Eu Entity Against the Sovereignty of its Independent Member Nations 9 Pace International Law Review 111 (Summer 1997) The European Union (EU) has a legal and political structure unique in the world because it is composed of fifteen sovereign nations bound together by a series of treaties into a supranational entity. The EU can establish itself as a formidable global force, with its population of over 370 million people, if it is able to control the nationalistic... 1997  
Beth Ann Isenberg The Evolving Conflict Between Employment Discrimination Laws and Immunity under Title Vii of the Civil Rights Act and Article Viii of the Fcn Treaty Between the United States and Japan--the Papaila Case 60 Albany Law Review 1441 (1997) I. Introduction. 1442 II. The Influences of Culture on Employment Practices and Treaty Negotiations. 1446 III. The FCN Treaty and Foreign Investment in the U.S.. 1451 IV. The Intersection of Title VII of the Civil Rights Act and Article VIII of the FCN Treaty. 1453 V. The Evolution of Previous Case Law. 1456 A. Spiess v. C. Itoh & Co. (America).... 1997  
Jeffrey D. Kaiser The Future of Cable Regulation under the First Amendment: the Supreme Court's Treatment of Section 10(a) of the Cable Television Consumer Protection and Competition Act of 1992 5 UCLA Entertainment Law Review 103 (Fall, 1997) The Supreme Court's plurality opinion in Denver Area Educational Telecommunications Consortium, Inc. v. FCC will likely change the way in which courts analyze speech restrictions on cable television for First Amendment purposes. The Denver plurality formulated and utilized an ad hoc standard to review the speech restrictions at issue. However, the... 1997  
John H. Jackson The Great 1994 Sovereignty Debate: United States Acceptance and Implementation of the Uruguay Round Results 36 Columbia Journal of Transnational Law 157 (1997) Sovereignty, strictly, is the locus of ultimate legitimate authority in a political society, once the Prince or the Crown, later parliament or the people. Sovereignty, a conception deriving from the relations between a prince and his/her subjects, is not a necessary or appropriate external attribute for the abstraction we call a state . . . . For... 1997  
Hector Fix-Fierro , Sergio Lopez-Ayllon The Impact of Globalization on the Reform of the State and the Law in Latin America 19 Houston Journal of International Law 785 (Spring 1997) II. From the Nation-State to the World System III. Globalization and the Law IV. The Reform of Legal Institutions in the Globalized State: Two Paradigmatic Cases A. The Economic Liberalization and the Opening of the Legal System B. The Justice System 1. The Institutions of Justice for the Strengthening of Democracy and the Protection of Human... 1997  
Michael Stoffregen The Inferred Explicit Standard - Waiver of Sovereign Immunity via an Arbitration Clause 1997 Journal of Dispute Resolution 165 (1997) The judicially created doctrine of tribal sovereign immunity was recognized as part of the unique relationship between the United States and these domestic dependent sovereigns. As tribes and tribal organizations enter into more commercial transactions in an effort to promote their self-determination and economic development, they have used... 1997  
Howard R. Sklamberg The Meaning of "Advice and Consent": the Senate's Constitutional Role in Treatymaking 18 Michigan Journal of International Law 445 (Spring 1997) The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. --Treaty Clause of the United States Constitution The advice and consent of the Senate are . . . coextensive with the power conferred on the President, which is to make treaties, and apply... 1997  
Bruce Zagaris, Jessica Resnick The Mexico-u.s. Mutual Legal Assistance in Criminal Matters Treaty: Another Step Toward the Harmonization of International Law Enforcement 14 Arizona Journal of International & Comparative Law L. 1 (Winter, 1997) I. L2-4INTRODUCTION 5 II. L2-4PRECURSORS TO THE MLAT 7 A. Historical Cooperation. 7 B. Informal Cooperation. 10 C. Cooperation on the Border. 11 III. L2-4THE 1989 MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS TREATY 18 A. Background to the Negotiation. 18 B. Ratification. 19 IV. L2-4SUBSTANTIVE PROVISIONS 25 A. Obligation to Provide Assistance. 25 B.... 1997  
Barbara A. Arnold The New Leviathan: Can the Immigrant Responsibility Act of 1996 Really Transfer Federal Power over Public Benefits to State Governments? 21 Maryland Journal of International Law and Trade 225 (Fall 1997) Americans have mythologized the United States as a nation of immigrants. Nonetheless, waves of nativism have periodically washed over the American ethos. The fundamental tension between these two philosophies has given our nation a sense of irony even in immigration's heyday, the turn of the 20th century. At that time, Emma Lazarus' famous poem,... 1997  
Barbara A. Arnold The New Leviathan: Can the Immigrant Responsibility Act of 1996 Really Transfer Federal Power over Public Benefits to State Governments? 21 Maryland Journal of International Law and Trade 225 (Fall 1997) Americans have mythologized the United States as a nation of immigrants. Nonetheless, waves of nativism have periodically washed over the American ethos. The fundamental tension between these two philosophies has given our nation a sense of irony even in immigration's heyday, the turn of the 20th century. At that time, Emma Lazarus' famous poem,... 1997  
Ellis Mishulovich The New World Order: Sovereignty, Human Rights and the Self-determination of Peoples. Edited by Mortimer Sellers, Oxford: Berg, 1996. Pp. Xii, 340. $19.95 (Paper). 33 Stanford Journal of International Law 416 (Summer 1997) From the detritus of the Cold War world have emerged several cliches, of which the term New World Order is among the most prominent. It is a cliche that echoes sinister of past attempts to impose a global political system. Since the collapse of the Berlin Wall, two broad schools of thought have emerged regarding the coming world order. The first,... 1997  
Roy E. Thoman The New World Order: Sovereignty, Human Rights, and the Self-determination of Peoples 16 Wisconsin International Law Journal 271 (Winter, 1997) This book is the result of a Workshop on International Organization Studies, held in July 1994 at Brown University. It was sponsored by the Academic Council of the United Nations System and the American Society of International Law. The articles included in this volume deal with the triadic issues of sovereignty, human rights, and the... 1997  
Neil W. Netanel The next Round: the Impact of the Wipo Copyright Treaty on Trips Dispute Settlement 37 Virginia Journal of International Law 441 (Winter 1997) In December 1996, the World Intellectual Property Organization (WIPO) sponsored a diplomatic conference in Geneva with a principal objective of bringing world intellectual property law into the digital age. Professor Pamela Samuelson's contribution to this Symposium presents a riveting account of that conference, describing in rich detail how the... 1997  
Stuart Banner The Political Function of the Commons: Changing Conceptions of Property and Sovereignty in Missouri, 1750-1850 41 American Journal of Legal History 61 (January, 1997) The past thirty years have seen renewed attention to the commons. Once an actual place, where farmers farmed and animals grazed, the commons has become a metaphor for any resource used collectively by large numbers of people. In this metaphorical sense, the most basic normative question concerning the commonswhen should property rights be... 1997  
Richard B. Bilder, Donat Pharand, University of Ottawa The Svalbard Treaty. From Terra Nullius to Norwegian Sovereignty. By Geir Ulfstein. Oslo, Copenhagen, Stockholm, Boston: Scandinavian University Press, 1995. Pp. 564. Index. Nkr 598; $98; £62. 91 American Journal of International Law 201 (January, 1997) Geir Ulfstein, Senior Lecturer at the Institute of Public and International Law, University of Oslo, has presented us with the most complete analysis of the Svalbard Treaty ever published in English and probably in any language. In addition to the 564 pages of text and footnotes, the book contains six appendices: a list of official documents, a... 1997  
Richard B. Bilder, Donat Pharand, University of Ottawa The Svalbard Treaty. From Terra Nullius to Norwegian Sovereignty. By Geir Ulfstein. Oslo, Copenhagen, Stockholm, Boston: Scandinavian University Press, 1995. Pp. 564. Index. Nkr 598; $98; £62. 91 American Journal of International Law 201 (January, 1997) Geir Ulfstein, Senior Lecturer at the Institute of Public and International Law, University of Oslo, has presented us with the most complete analysis of the Svalbard Treaty ever published in English and probably in any language. In addition to the 564 pages of text and footnotes, the book contains six appendices: a list of official documents, a... 1997  
Robert J. Kaczorowski The Tragic Irony of American Federalism: National Sovereignty Versus State Sovereignty in Slavery and in Freedom 45 University of Kansas Law Review 1015 (July, 1997) A plurality on the Supreme Court seeks to establish a state-sovereignty-based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional first principles of the Founders. These first principles, in their view, attribute all governmental authority... 1997  
Lisa J. Soto The Treatment of the Spanish Language and Latinos in Education in the Southwest, in the Workplace, and in the Jury Selection Process 3 Hispanic Law Journal 73 (1997) Persistent failure to consider bilingualism a cultural asset has made it an additional problem rather than a promising opportunity. Ernesto Galarza. I. Introduction. 74 II. The Spanish Language and Latino Cultures: An Overview. 75 III. Education. 76 Post Segregation . . . . 77 IV. The Workplace. 80 EEOC Guidelines Solve . . . . 84 V. The Jury... 1997  
Anita Bernstein Treating Sexual Harassment with Respect 111 Harvard Law Review 445 (12/1/1997) L1-4,T1Introduction. .446 I. L2-4,T2On Reason and Reasonableness as They Pertain to Sexual Harassment. .455 A. L3-4,T3The Trouble with Reason. .456 1. S50The Tradition of Exclusion. .456 2. Emotion. .460 3. Sex and Reason. .462 B. L3-4,T3The Trouble with a Reasonable Person Standard. .464 1. Does the Reasonable Man Lurk Below? The Cipher of... 1997  
John Tahsuda Twenty-first Century Wampum: the Use of Iroquois Diplomatic Protocols in Aboriginal Land Claim Negotiations 10 St. Thomas Law Review 149 (Fall, 1997) In modern times, problems continue in achieving effective negotiations between native and non-native groups. There are cultural differences and communication problems between native and non-native groups that block any attempt to promote effective negotiations and that reach long-term solutions to problems between the two groups. Without effective... 1997  
Sara L. Gottovi United States v. Lopez, Theoretical Bang and Practical Whimper? An Illustrative Analysis Based on Lower Court Treatment of the Child Support Recovery Act 38 William and Mary Law Review 677 (January, 1997) When parents separate, children may suffer. Their suffering is . often made much worse through the deliberate failure of a parent to comply with legally imposed child support obligations. In the fall of 1992, Congress passed the Child Support Recovery Act (the Act or CSRA) in an effort to end this suffering of children and their custodial... 1997  
  Welfare Reform--treatment of Legal Immigrants--congress Authorizes States to Deny Public Benefits to Noncitizens and Excludes Legal Immigrants from Federal Aid Programs.--personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 110 Harvard Law Review 1191 (March, 1997) During the 1996 campaign, immigrants and welfare recipients sustained repeated political attacks from candidates seeking to capitalize on voter anxiety about job security and the decay of the nation's welfare system. Not surprisingly, people who are both immigrants and welfare recipients found themselves particularly vulnerable during the final... 1997  
Harold Hongju Koh Why Do Nations Obey International Law? 106 Yale Law Journal 2599 (June, 1997) Why do nations obey international law? This remains among the most perplexing questions in international relations. Nearly three decades ago, Louis Henkin asserted that almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time. Although empirical work since then seems largely... 1997  
Matthew Machado X. Mounting Opposition to Biosphere Reserves and World Heritage Sites in the United States Sparked by Claims of Interference with National Sovereignty 1997 Colorado Journal of International Environmental Law and Policy 120 (1997) In response to fears that sovereignty over land management decisions was being compromised by land designations under United Nations programs, the United States House of Representatives passed House Bill 901, The American Land Sovereignty Protection Act. The Act is mainly aimed at two types of land designations in the United States that currently... 1997  
Steven Paul Mcsloy Because the Bible Tells Me So: Manifest Destiny and American Indians 9 Saint Thomas Law Review 37 (Fall 1996) The conquest of the earth, which mostly means the taking it away from those who have a different complexion or slightly flatter noses than ourselves, is not a pretty thing when you look into it too much. What redeems it is the idea only. An idea at the back of it; not a sentimental pretense but an idea; and an unselfish belief in the... 1996 Yes
Alex Tallchief Skibine Braid of Feathers: Pluralism, Legitimacy, Sovereignty, and the Importance of Tribal Court Jurisprudence 96 Columbia Law Review 557 (March, 1996) In his book Braid of Feathers, Frank Pommersheim weaves a braid composed of the strands that he believes are both important and necessary to the survival of Indian tribes as distinct political and cultural institutions. The feathers in the braid making up the Indian world include: the Indian land base, the legal and political status of the tribes,... 1996 Yes
Wendy Collins Perdue Conflicts and Dependent Sovereigns: Incorporating Indian Tribes into a Conflicts Course 27 The University of Toledo Law Review 675 (Spring, 1996) SEVERAL years ago, the AALS Section on Conflict of Laws did a program on conflicts involving Native American tribal law. That program highlighted that in addition to the federal and state governments, there is a third category of governmental entity in this county, i.e., Indian Tribes, and these entities provide a fascinating arena in which to... 1996 Yes
Michael H. Imbacuan Crow Dog's Case: American Indian Sovereignty, Tribal Law, and the United States Law in the Nineteenth Century, by Sidney L. Harring. Cambridge: Cambridge University Press, 1994. Pp. Viii, 301. 22 New York University Review of Law and Social Change 728 (1996) Crow Dog's Case, by Sidney Harring, offers a social history of American Indian law. Setting his book apart from familiar legal histories which limit their focus to courts and cases, Harring articulates and implements his premise that a proper understanding of American Indian law requires an acknowledgment of and appreciation for the social and... 1996 Yes
Allen H. Sanders Damaging Indian Treaty Fisheries: a Violation of Tribal Property Rights? 17 Public Land & Resources Law Review 153 (1996) In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... 1996 Yes
Jason D. Kolkema Federal Policy of Indian Gaming on Newly Acquired Lands and the Threat to State Sovereignty: Retaining Gubernatorial Authority over the Federal Approval of Gaming on Off-reservation Sites 73 University of Detroit Mercy Law Review 361 (Winter 1996) Indian gaming is often called the New Buffalo by many Native Americans. The industry is aptly named due to the fact that it has provided tribal nations with the first real means of maintaining an autonomous existence since the great buffalo roamed the plains centuries ago. Since 1987, Indian tribes have increasingly taken advantage of the... 1996 Yes
Richard J. Ansson, Jr. Protecting Tribal Sovereignty: Why States Should Not Be Able to Tax Contractors Hired by the Bia to Construct Reservation Projects for Tribes: Blaze Construction Co. v. New Mexico Taxation and Revenue Department: a Case Study 20 American Indian Law Review 459 (1995-1996) Felix Cohen, the eminent authority on American Indian law, wrote, One of the powers essential to the maintenance of any government is the power to levy taxes. That this power is an inherent attribute of tribal sovereignty which continues unless withdrawn or limited by treaty or by act of Congress is a proposition which has never successfully been... 1996 Yes
Vine Deloria, Jr. Reserving to Themselves: Treaties and the Powers of Indian Tribes 38 Arizona Law Review 963 (Fall, 1996) The full impact of the Reagan-Bush judicial appointments is now clear. The federal judiciary is embracing the conservative, indeed, reactionary posture of the 1890s, and as the pendulum swings even further to the right, there is a danger that Plessy v. Ferguson will once again become mainstream constitutional law. In Indian affairs the old... 1996 Yes
  Rollover Ira, Pension Plan DisTributions Exempt under Treaty 7 Journal of International Taxation 118 (March, 1996) In Ltr. Rul. 954103, a citizen of India could exclude pension and IRA rollover distributions from U.S. taxation, provided he was a resident of India under the U.S.-India treaty (2 Tax Treaties (WG&L) ¶48,100; 2 Tax Treaties (CCH) ¶4203) when the distributions were made. The taxpayer was a U.S. permanent resident employed by a U.S. corporation from... 1996 Yes
Allison M. Dussias Science, Sovereignty, and the Sacred Text: Paleontological Native American Rights 55 Maryland Law Review 84 (1996) Land is the only thing in the world that amounts to anything . . . for tis the only thing in this world that lasts. . . . Tis the only thing worth working for, worth fighting for -- worth dying for. -- Gone with the Wind You have driven away our game and our means of livelihood out of the country, until now we have nothing left that is valuable... 1996 Yes
Dan J. Schulman Seminole Tribe: Federalism, State Sovereign Immunity, and Limits on Federal Court Jurisdiction 5 Journal of Bankruptcy Law and Practice 521 (July/August, 1996) In Congress and in the Supreme Court, federalism is once again in vogue. Its ascendance raises serious questions as to the constitutional jurisdiction and powers of bankruptcy courts over states. States rights advocates won a major victory recently, in Seminole Tribe of Florida v. Florida, a 5-4 decision authored by Chief Justice Rehnquist. The... 1996 Yes
Vicki J. Limas Sovereignty as a Bar to Enforcement of Executive Order No. 11,246 in Federal Native American Tribes 26 New Mexico Law Review 257 (Spring, 1996) Native American tribes, as employers, are exempt from coverage by federal statutes prohibiting discrimination in employment. However, tribes' contracts with the federal government and their subcontracts with prime federal contractors contain antidiscrimination-in-employment clauses authorized by Executive Order No. 11,246 and others. These... 1996 Yes
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