AuthorTitleCitationSummaryYearKey Terms
Jonathan A. Lonner Official Government Abductions in the Presence of Extradition Treaties 83 Journal of Criminal Law and Criminology 998 (Winter, 1993) In United States v. Alvarez-Machain, the United States Supreme Court held that a defendant who was abducted from Mexico in order to be tried for an alleged crime cannot prevent United States courts from exercising personal jurisdiction over him, even though the United States has an extradition treaty with Mexico and the abduction was conducted... 1993  
David A. Koplow Parsing Good Faith: Has the United States Violated Article Vi of the Nuclear Non-proliferation Treaty? 1993 Wisconsin Law Review 301 (1993) The Nuclear Non-Proliferation Treaty (NPT) has long been the cornerstone of the international effort to retard the spread of nuclear weaponry to additional countries, now appreciated as the greatest post-cold war threat to international peace and security. Under this treaty, the parties also undertook to pursue in good faith additional negotiations... 1993  
Edward M. Melillo Post-war Friendship, Commerce and Navigation Treaties - Interpreting the Right of Foreign Treaty Employers in the United States to Engage in Selective Employment Discrimination "Of Their Choice": Is it Justified? 6 DePaul Business Law Journal 101 (Fall/Winter, 1993) C1-3Table of Contents L1-2Introduction 103 I. Development of the Post-War Friendship, Commerce and Navigation Treaties. 106 A. History. 106 B. Purpose and Meaning. 108 C. The Employer-Choice Provision and Title VII of the Civil Rights Act of 1964. 109 II. FCN Treaty Interpretations of the Employer-Choice Provision. 111 A. Interpretations by the... 1993  
Eric W. Treene Prayer-treatment Exemptions to Child Abuse and Neglect Statutes, Manslaughter Prosecutions, and Due Process of Law 30 Harvard Journal on Legislation 135 (Winter, 1993) In some well-publicized instances, Christian Scientist parents who, in accordance with their religious beliefs, have treated their sick children with prayer rather than modern medicine have found themselves in the midst of criminal prosecutions for manslaughter or child abuse and neglect. Defenses to these prosecutions are often raised in the... 1993  
Greg Overstreet R Native American: a Conservative Proposal to Restore Tribal Sovereignty and Self-reliance to Federal Indian Policy 14 Hamline Journal of Public Law and Policy Pol'y 1 (Fall, 1993) How did the political condition of the Native American deteriorate from total freedom and self-reliance to powerlessness and dependency? How did the legal status of the American Indian tribe erode from a sovereign nation to a collection of federal wards? During the American Revolutionary War era, Indian tribes were fully sovereign nations,... 1993 Yes
Bruce A. Grabow R.a.v. v. City of St. Paul: Dismantling Free Speech Jurisprudence to Make Room for Equal Treatment 3 Widener Journal of Public Law 577 (1993) I. Introduction II. The Majority Opinion A. Principles of Analysis: What Is Judicially Correct? B. Application to the St. Paul Ordinance III. The Concurring Opinions: What Is Really Judicially Correct? A. Justice White B. Justice Blackmun C. Justice Stevens IV. Evaluation: Which Opinion Was Judicially Correct? A. Undercutting the Categorical... 1993  
Karen Knop Re/statements: Feminism and State Sovereignty in International Law 3 Transnational Law & Contemporary Problems 293 (Fall, 1993) I. Introduction. 294 II. Statism. 298 III. Centrality of the State. 308 IV. The State As Bounded, Unified Self. 318 A. The State as Individual. 320 1. Relations Between States. 323 2. Jurisdiction in International Law. 328 B. Breaking Down the State. 332 1. Policy-Oriented and Functionalist Approaches to Sovereignty. 334 2. Normative Approaches to... 1993  
Patricia Thompson Recognizing Sover Native Villages after the Passage of Ancsa 68 Washington Law Review 373 (April, 1993) Abstract: The federal law principles of tribal sovereignty and Indian country define the parameters of tribal self-governance. In Alaska, however, federal and state courts remain divided on the issues of Alaska Native Village sovereignty and Indian country. This Comment examines the state and federal court treatment of these issues, and concludes... 1993 Yes
Judith A. Potoka Reconsidering the Conflict Between Title Vii and Treaties of Friendship, Commerce and Navigation: the Seventh Circuit Decision in Fortino v. Quasar 13 Journal of Law and Commerce 179 (Fall 1993) The Treaty of Friendship, Commerce and Navigation between the United States and Japan, like many other treaties of friendship, commerce and navigation, contains a provision which allows nationals and companies of either party-country to hire executive personnel of their choice within the territories of the host country. Japanese business people... 1993  
Timothy J. Simeone Rule 11 and Federal Sovereign Immunity: Respecting the Explicit Waiver Requirement 60 University of Chicago Law Review 1043 (Summer/Fall, 1993) Federal Rule of Civil Procedure 11 requires courts to impose sanctions on attorneys or represented parties who file signed papers that are not well-grounded in law and fact or are interposed for improper purposes. Rule 11 does not specify the precise penalty to be imposed, but rather delegates to the courts the authority to fashion an appropriate... 1993  
Dana W. Hayter Scapegoat for the Trade Deficit: Does Eec Antitrust Treatment of Joint Ventures Place the United States at a Competitive Disadvantage? 16 Hastings International and Comparative Law Review 391 (Spring, 1993) Member of the Class of 1993 Some political figures and economists portray the United States antitrust laws as contributors to the nation's economic decline. While this assertion is hotly contested by others, pro-business commentators on both sides of the Atlantic will often cite the antitrust policy of their foreign counterparts as an example to be... 1993  
Christina Chiafolo Montgomery Social and Schematic Injustice: the Treatment of Offender Personal Characteristics under the Federal Sentencing Guidelines 20 New England Journal on Criminal and Civil Confinement 27 (Winter, 1993) Between the Guidelines' digits, there is no space for morality, for justice, for mercy. Most significantly, there is no place in these numbers for wisdom. It is difficult to see how a sentence can be designed to meet rehabilitative or true retributive goals when the Act requires that a penalty relate solely to the consequences for society and... 1993  
Amelia A. Fogleman Sovereign Immunity of Indian Tribes: a Proposal for Statutory Waiver for Tribal Businesses 79 Virginia Law Review 1345 (September, 1993) The notion that the king can do no wrong is an ancient one, dating back at least to the feudal ages and possibly beyond. For centuries, the doctrine of sovereign immunity has insulated kings, emperors, and democratic states from legal actions by the people. From Ancient Greece to Nazi Germany to today's Third World, t he historical and... 1993 Yes
Raul S. Mariani Sovereignty at Issue: Supreme Court's Ambiguity and the Circuits' Conflict on the Application of the Dual Sovereignty Doctrine to Puerto Rico 63 Revista Juridica Universidad de Puerto Rico 807 (1993) No one demanded from Congress a free people's constitution like the one requested by Baldorioty de Castro in the Spanish Parliament, neither an Autonomic Charter, with substantial sovereignty powers, like the one requested from the metropolis towards the end of the XIX century. Not even a repudiation of colonialism. Not even a cordial calling to... 1993  
Leah L. Lorber State Rights, Tribal Sovereignty, and the "White Man's Firewater": State Prohibition of Gambling on New Indian Lands 69 Indiana Law Journal 255 (Winter, 1993) Indian-sponsored gambling, from bingo parlors to Las Vegas-style casinos, exploded onto tribal lands during the 1980's. Essentially free from state regulation, Indian gaming halls bring millions of dollars a year to scores of once economically depressed Indian communities. Now, with the success of on-reservation gaming, tribes are seeking to... 1993 Yes
Joel S. Hjelmaas Stepping Back from the Thicket: a Proposal for the Treatment of Rebuttable Presumptions and Inferences 42 Drake Law Review 427 (1993) C1-3Table of Contents I. Introduction. 427 II. A Background for Analysis: Understanding Rebuttable Presumptions and Inferences. 430 A. Definitions. 430 B. Policies Underlying Rebuttable Presumptions. 434 C. The Effect of Rebuttable Presumptions on Litigation: A Review of the Competing Theories. 436 III. Defining the Problem: The Unworkable State of... 1993  
Sienho Yee The Discretionary Function Exception under the Foreign Sovereign Immunities Act: When in America, Do the Romans Do as the Romans Wish? 93 Columbia Law Review 744 (April, 1993) In a significant departure from the traditional principle of absolute foreign sovereign immunity, the Foreign Sovereign Immunities Act of 1976 (the FSIA) codified the doctrine of restrictive foreign sovereign immunity. The FSIA confers broad immunity on foreign sovereigns, but also carves out several exceptions to this immunity. One of the... 1993  
Ann Fagan Ginger The Energizing Effect of Enforcing a Human Rights Treaty 42 DePaul Law Review 1341 (Summer, 1993) I. Some Promises to Keep. 1342 A. Initial Assumptions. 1344 B. United Nations Enforcement Powers. 1345 II. Obstacles and Responsibilities. 1349 A. Obstacles to Enforcement. 1349 B. Economic Rights in U.S. Law Ignored. 1353 C. Treaty Power Ignored. 1355 D. What We Know We Cannot Ignore. 1356 III. The Commitments in the Covenant. 1358 IV. The... 1993  
J. Thompson Thornton , Aurora A. Ares The Foreign Sovereign Immunities Act of 1976: Misjoinder, Nonjoinder, and Collusive Joinder 58 Journal of Air Law and Commerce 703 (Spring, 1993) UNLIKE UNITED STATES airlines, foreign air carriers are often owned and operated by their respective national governments. Additionally, foreign state-owned commercial ventures participate in the business of commercial aviation by manufacturing aircraft engines and other components. It is, therefore, not unusual to see the joinder of a foreign... 1993  
Michael J. Weiner The Importance of a Clear Rule for Judicial Deference to Executive Interpretations of Treaties: a Defense of United States v. Alvarez-machain 12 Wisconsin International Law Journal 125 (Fall, 1993) When the executive branch has spoken If the courts do not follow its lead, our country will be heard in confused tones. The problem, then is to reconcile obeisance to the judicial function with the need for harmony when our words are to be heard around the world. In United States v. Alvarez-Machain, the Supreme Court ruled that officers of the... 1993  
Neal F. Splaine The Incompetent Individual's Right to Refuse Life-sustaining Medical Treatment: Legislating, Not Litigating, a Profoundly Private Decision 27 Suffolk University Law Review 905 (Fall, 1993) Medical technology has effectively created a twilight zone of suspended animation where death commences while life, in some form, continues. Some patients, however, want no part of a life sustained only by medical technology. Instead, they prefer a plan of medical treatment that allows nature to take its course and permits them to die with dignity.... 1993  
Edmond F. Leedham, III The Indian Gaming Controversy in Connecticut: Forging a Balance Between Tribal Sovereignty and State Interests 13 Bridgeport Law Review 649 (Spring, 1993) The United States has often been described as a melting pot in which people of diverse ethnic and cultural origins have merged together to form a coherent citizenry. While many Americans, especially those who witnessed the racial tensions that plagued the nation during the spring of 1992, might debate the validity of the melting pot analogy, even... 1993 Yes
T. Barton French, Jr. The Indian Gaming Regulatory Act and the Eleventh Amendment: States Assert Sovereign Immunity Defense to Slow the Growth of Indian Gaming 71 Washington University Law Quarterly 735 (Fall, 1993) I firmly believe that we now stand at a crossroads, at a point where we may seize the opportunity to acknowledge the Indians' unequivocal right to self-determination and invite the Indian tribes into the American mainstream. . . . [T]he possibility [exists] that the tribes can fully participate in our economic prosperity while they retain . . .... 1993 Yes
Eric D. Jones The Indian Gaming Regulatory Act: a Forum for Conflict among the Plenary Power of Congress, Tribal Sovereignty, and the Eleventh Amendment 18 Vermont Law Review 127 (Fall, 1993) In October 1988 the Indian Gaming Regulatory Act (IGRA) became federal law. At the time, many believed that IGRA was the long-awaited answer to a call for congressional action in the field of Native American reservation gambling. Time and litigation, however, have demonstrated that IGRA has not only failed to address the need for effective... 1993 Yes
Bryan L. Sutter The Nonproliferation Treaty and the "New World Order" 26 Vanderbilt Journal of Transnational Law 181 (April, 1993) The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the... 1993  
Michael W. Ridgeway The Potawatomi/oklahoma Gaming Compact of 1992: Have Two Sovereigns Achieved a Meeting of the Minds? 18 American Indian Law Review 515 (1993) With the passage of the Indian Gaming Regulatory Act (IGRA) in 1988, Congress provided the statutory framework for regulating gaming activities by Indians on Indian land. The Act cleared up some of the confusion and disagreement about the powers and duties of the various state and tribal governments. However, the IGRA has spawned some new areas of... 1993  
Edward D. Re The Roman ConTribution to the Common Law 39 Loyola Law Review 295 (Summer 1993) It is a genuine pleasure and privilege to deliver a lecture which honors the memory of a dear friend, an outstanding Catholic scholar who devoted a long life in the service of the law. This is the second occasion on which I have been so singularly honored to give a lecture which bears the name of Dr. Brendan F. Brown. Personally, and on behalf of... 1993 Yes
Henry H. Drummonds The Sister Sovereign States: Preemption and the Second Twentieth Century Revolution in the Law of the American Workplace 62 Fordham Law Review 469 (December, 1993) In this Article, Professor Drummonds examines the division of workplace regulatory authority between the states and the federal government. The Article first explores the decline of the New Deal system of collective bargaining and reviews the debates ignited by this decline. It then reviews the role of state law in regulating the workplace, and... 1993  
Stephanie A. Re The Treaty Doesn't Say We Can't Kidnap Anyone--government Sponsored Kidnapping as a Means of Circumventing Extradition Treaties 44 Washington University Journal of Urban and Contemporary Law 265 (Summer/Fall, 1993) The United States often secures individuals for prosecution from other countries through extradition treaty procedures. Extradition generally occurs when one government requests another to surrender an individual accused or convicted of an offense that occurred within the requesting government's territorial jurisdiction. Other principles justify... 1993  
Kenton Keller Pettit The Waiver of Tribal Sovereign Immunity in the Contractual Context: Conflict Between the Ninth Circuit and the Alaska Supreme Court? 10 Alaska Law Review 363 (December, 1993) Over the last decade, the Alaska Supreme Court has seriously eroded the potential protection provided to Native groups by the doctrine of sovereign immunity. It is well established that Indian tribes, like other governmental entities, enjoy the protection of sovereign immunity until it is waived. The United States Supreme Court has held that in... 1993 Yes
  Treaty Benefits Clarified for Indian Students, Apprentices 4 Journal of International Taxation 163 (April, 1993) In Rev. Proc. 93-20, IRB 1993-13, x, the IRS explained the exemptions and deductions allowable by reason of the U.S.-India tax treaty to Indian students or business apprentices temporarily in the U.S. for education or training. The Procedure is effective retroactively for tax years beginning in 1992. Indian students and apprentices are normally... 1993 Yes
Michael E. Connelly Tribal Jurisdiction under Section 1911(b) of the Indian Child Welfare Act of 1978: Are the States Respecting Indian Sovereignty? 23 New Mexico Law Review 479 (Spring, 1993) As with most areas of law, an enduring problem in federal Indian law relates to jurisdiction. The question of which court system has authority to hear cases involving Indians has remained constant for decades, in spite of lawmakers' best efforts to resolve the issue. While in some areas of the law, tribal jurisdiction is being challenged, in at... 1993 Yes
Patrick Irvine Tribal Sovereign Immunity and Economic Development 29-JUL Arizona Attorney 17 (July, 1993) Indian reservations are increasingly becoming sites for commercial developments. In Arizona these include gaming operations, industrial parks, hotels, retail shopping centers, race tracks, amphitheaters, waste disposal sites, and residential developments. These developments often involve commercial agreements, leases, or contracts between tribes... 1993 Yes
Kenneth J. Vandevelde U.s. Bilateral Investment Treaties: the Second Wave 14 Michigan Journal of International Law 621 (Summer, 1993) INTRODUCTION. 622 I. THE EVOLUTION OF THE BIT PROGRAM. 624 A. 1977-1981: Launching the BIT Program. 624 B. 1982-1986: The First Wave of Negotiations. 627 C. 1988-1992: The Second Wave of Negotiations. 629 II. INVESTMENT POLICY IN THE SECOND WAVE. 633 A. Use of Investment Policy to Promote Foreign Policy. 633 B. The Changing Investment Climate. 637... 1993  
by Robert H. Abrams United States 1992-93 Preview of United States Supreme Court Cases 314 (3/19/1993) The issue presented by this case is whether the United States must pay state-imposed filing fees in general water adjudications in which the extent of federal water rights are to be decided. The United States claims that its surrender of sovereign immunity allowing it to be made a party to those water adjudications did not include a waiver of its... 1993  
Ann MacLean Massie Withdrawal of Treatment for Minors in a Persistent Vegetative State: Parents Should Decide 35 Arizona Law Review 173 (Spring, 1993) Table of Contents I. Introduction. 174 A. The Problem Delineated. 174 B. Why Are Minors Different?. 181 II. The Rights of Parents to Make Decisions on Behalf of Their Minor Children. 186 A. Sources and Scope of the Right. 186 B. When Should Parents Be Disqualified?. 188 1. Competence. 189 2. Conflict of Interest. 191 3. Cases of Abuse or Neglect.... 1993  
David Y. Loh A Critical Analysis of Academic Tenure Decisions: the Disparate Treatment Model under Title Vii Examined 12 Boston College Third World Law Journal 389 (Summer, 1992) Academic tenure is a hierarchical system by which educational institutions give faculty members academic and economic security. Prior to 1972, colleges and universities awarded tenure free from interference from the federal government. In 1972, however, Congress removed the exemption for educational institutions from the equal employment... 1992  
W. Shan Thompson Cercla and the Abrogation of State Sovereign Immunity 6 BYU Journal of Public Law 457 (1992) Since the inception of our nation, the most serious threats to the rights of the people have come when legislators and judges have considered the country to be pressed with problems so great as to require creative interpretation of our constitutional rights. Today, the most urgent problems facing our nation are the imminent dangers threatening... 1992  
Alex E. Rogers Clothing State Governmental Entities with Sovereign Immunity: Disarray in the Eleventh Amendment Arm-of-the-state Doctrine 92 Columbia Law Review 1243 (June, 1992) The Eleventh Amendment arm-of-the-state doctrine bestows sovereign immunity on entities created by state governments that operate as alter egos or instrumentalities of the states. In deciding whether a state governmental body may seek refuge behind the Eleventh Amendment shieldand thereby remain insulated from suit in federal courtcourts... 1992  
Brian M. Spaid Collective Security v. Constitutional Sovereignty: Can the President Commit U.s. Troops under the Sanction of the United Nations Security Council Without Congressional Approval? 17 University of Dayton Law Review 1055 (Spring, 1992) On September 17, 1796, President George Washington announced his plans not to seek reelection by publishing his Farewell Address in Philadelphia's Daily American Advertiser. With the assistance of Alexander Hamilton and James Madison in writing the Address, Washington warned that the United States should avoid foreign entanglements in order to... 1992  
Kurt Eugene Lee Constitutional Law: Requiring States to Treat Foreign and Domestic Subsidiary Dividends Alike 7 Florida Journal of International Law 297 (Summer, 1992) Kraft General Foods, Inc. v. Iowa Department of Revenue & Finance, 112 S. Ct. 2365 (1992) I. L2-3,T3Statement of the Case and Facts 297. II. L2-3,T3Development of Foreign Commerce Clause Jurisprudence 299. A. Cook v. Pennsylvania: The Court's First Case Involving the Foreign Commerce Clause. 300 B. Japan Line, Ltd. v. County of Los Angeles: The... 1992  
Julie A. Pace Enforcement of Tribal Law in Federal Court: Affirmation of Indian Sovereignty or a Step Backward Towards Assimilation? 24 Arizona State Law Journal 435 (Spring, 1992) I. INTRODUCTION. 436 II. LEGAL AND HISTORICAL BACKGROUND. 438 A. Tribal Civil Jurisdiction. 438 1.Indian Country. 438 2.Indians, Nonmember Indians, and Non-Indians. 441 3. Enforcement of Tribal Judgments. 443 4. Service of Tribal Process. 444 5. Tribal Court, C.F.R. Court, or No Court System. 444 B. State Civil Jurisdiction. 447 1. State... 1992 Yes
Joanna I. Rizoulis Fcn Treaty Rights in Fortino v. Quasar Co: the Seventh Circuit Fails to Speak Definitively on Third-party Standing 5 New York International Law Review 89 (Summer, 1992) The proliferation of Friendship, Commerce, and Navigation (FCN) treaties in the 1940s and 1950s signalled a new willingness on the part of the United States and other nations to facilitate private international investment. One provision, contained in most FCN treaties, allows companies of each treaty partner to conduct business within the... 1992  
Eric Eisenstadt Fish out of Water: Setting a Single Standard for Allocation of Treaty Resources 17 American Indian Law Review 209 (1992) In its sorry history of relations with American Indians, the United States has adopted a variety of approaches in an ongoing attempt to control Indians and their affairs. One such approach, loosely referred to as the treaty era, was marked by formally signed treaties between the Indian tribes and the federal government. This era ended in 1871 when... 1992  
David B. Toscano Forbearance Agreements: Invalid Contracts for the Surrender of Sovereignty 92 Columbia Law Review 426 (March, 1992) When the government enters into a contract with a person subject to its laws, a tension immediately arises between that person's expectations and the government's need to tailor its actions to the demands of sound public policy. Performing its obligations under a contract requires the government to limit the exercise of some facet of its sovereign... 1992  
Deborah K. McKnight , Maureen Bellis Foregoing Life-sustaining Treatment for Adult, Developmentally Disabled, Public Wards: a Proposed Statute 18 American Journal of Law & Medicine 203 (1992) This Article proposes a procedure for making decisions to forego life-sustaining treatment for adult, developmentally disabled, public wards who are not competent to make health care decisions. Few commentators or cases address the special considerations involved in making life-sustaining treatment decisions for this patient population. The... 1992  
Jerry Choe Fortino v. Quasar Co.: Parent-right Invocation of Rights for U.s. Subsidiaries of Japanese Companies under U.s.-japan Treaty of Friendship, Commerce, and Navigation 15 Fordham International Law Journal 1130 (1991/1992) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating in favor of employees on the basis of race, sex and national origin. As Japanese companies continue to operate in the United States through wholly-owned U.S.-incorporated subsidiaries, the U.S. employees of these subsidiaries continue to claim Title VII... 1992  
Priya Alagiri Give Us Sovereignty or Give Us Debt: Debtor Countries' Perspective on Debt-for-nature Swaps 41 American University Law Review 485 (Winter, 1992) It is clearly recognized that developing countries (DCs) are experiencing a debt crisis. Beginning in the mid-1970s, bad lending and borrowing decisions, skyrocketing interest rates, and deteriorating terms of trade for their chief exports engendered a dramatic increase in the external debt of DCs. Today, in an attempt to settle the debt, DCs... 1992  
Bill Monahan Giving the Non-proliferation Treaty Teeth: Strengthening the Special Inspection Procedures of the International Atomic Energy Agency 33 Virginia Journal of International Law 161 (Fall, 1992) As part of the cease-fire agreement between Iraq and the United Nations, U.N. Security Council Resolution 687 authorized the International Atomic Energy Agency (IAEA or the Agency) to conduct on-site inspections at facilities suspected of being part of an Iraqi nuclear weapons development program. Subsequently, IAEA inspectors uncovered a large... 1992  
Sally J. Johnson Honoring Treaty Rights and Conserving Endangered Species after United States v. Dion 13 Public Land Law Review 179 (Spring, 1992) Like the miner's canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere, and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith. . . . In United States v. Dion the Supreme Court expressly sidestepped the issue of whether the Endangered... 1992  
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