AuthorTitleCitationSummaryYearKey Terms
L. Scott Gould The Consent Paradigm: Tribal Sovereignty at the Millennium 96 Columbia Law Review 809 (May, 1996) C1-3Table of Contents Introduction . 810 I. The Drift Toward Consent . 815 A. The Doctrine of Inherent Sovereignty . 815 1. The Marshall Trilogy and Territorial Separation . 815 2. Infringement and Preemption as the Tests of Sovereignty . 822 B. The Doctrine of Trust Responsibility . 826 1. The Scope of Congressional Power over Tribes . 826 2. The... 1996 Yes
Naomi Mezey The DisTribution of Wealth, Sovereignty, and Culture Through Indian Gaming 48 Stanford Law Review 711 (February, 1996) Gaming on Native American reservations under the Indian Gaming Regulatory Act (IGRA) has generated enormous revenues for some tribes, but also has engendered much controversy. In this note, Naomi Mezey argues that the redistributive effects of the statute, and hence a tribe's ability to benefit from the IGRA, depend on the cultural paradigm within... 1996 Yes
Brian M. Greene The Reservation Gambling Fury: Modern Indian Uprising or Unfair Restraint on Tribal Sovereignty? 10 BYU Journal of Public Law 93 (1996) In 1979 the Seminole Tribe of Florida became the first tribe in the nation to open a large-scale, high-stakes bingo operation. During the 1980s, Indian-sponsored gamblingfrom bingo parlors to Las Vegas-style casinosrapidly spread until one-third of the 330 reservations in the United States were participating. In just a little over a decade,... 1996 Yes
William H. Rodgers, Jr. The Sense of Justice and the Justice of Native Hawaiian Sovereignty and the Second "Trial of the Century" 71 Washington Law Review 379 (April, 1996) The Congress . . . apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination . . . . In 1993, Congress apologized to the... 1996 Yes
N. Bruce Duthu The Thurgood Marshall Papers and the Quest for a Principled Theory of Tribal Sovereignty: Fueling the Fires of Tribal/state Conflict 21 Vermont Law Review 47 (Fall, 1996) C1-3TABLE OF CONTENTS Introduction 48 I. Oppositional Views of Tribal Sovereignty: The New Montana Litigation and the Montana/Brendale Legacy. 53 II. The Problem of Synthesis in the Indian Law Cases. 62 III. Deciding How to Decide the Indian Cases: The Supreme Court, the Indian Tribes, and the Papers of Justice Thurgood Marshall. 64 A.... 1996 Yes
Brian C. Lake The Unlimited Sovereign Immunity of Indian Tribal Businesses Operating Outside the Reservation: an Idea Whose Time Has Gone 1996 Columbia Business Law Review 87 (1996) In a seemingly ordinary business transaction, a distributor contracts to sell $177,000 worth of herbicides to a local agricultural company. Although the seller delivers the product as agreed, the agricultural company simply keeps the herbicides and refuses to pay the bill. When it attempts to file suit against the agricultural company in state... 1996 Yes
Christine A. Klein Treaties of Conquest: Property Rights, Indian Treaties, and the Treaty of Guadalupe Hidalgo 26 New Mexico Law Review 201 (Spring, 1996) All animals are equal But some animals are more equal than others. George Orwell The modern discourse concerning property rights has deep historical roots, for property has long been the object of heated passion, war, and conquest. Under our national lore, it is common knowledge that the United States acquired from Native American tribes some two... 1996 Yes
Richard A. Monette Treating Tribes as States under Federal Statutes in the Environmental Arena: Where Laws of Nature and Natural Law Collide 21 Vermont Law Review 111 (Fall, 1996) America's relationship with its natural environment implores the fullest understanding of American constitutionalism and law. Private property rights may be affected, individual liberties may be denied, subtle nuances of due process may be determinative, and the resulting intersovereign conflicts raise every inherent tension of federal republican... 1996 Yes
Steffani A. Cochran Treating Tribes as States under the Federal Clean Air Act: Congressional Grant of Authority-federal Preemption-inherent Tribal Authority 26 New Mexico Law Review 323 (Spring, 1996) When Congress amended the Clean Air Act (CAA or Act) in 1990, it added a new provision permitting the Environmental Protection Agency (EPA or Agency) to treat Indian tribes as States for purposes of regulating environmental air quality. The amendments broaden tribal regulatory authority over air resources within reservation boundaries and other... 1996 Yes
Seth H. Row Tribal Sovereignty and Economic Development on the Reservation 4 Georgetown Journal on Fighting Poverty 227 (Fall, 1996) Well-researched and well-documented, poverty on Indian reservations seems both inescapable and insoluble. Unemployment on Indian reservations is on average the highest for any discrete group in the United States, ranging from seventeen percent on the Jicarilla Apache Reservation in New Mexico to ninety percent on the Rosebud Reservation in South... 1996 Yes
Keith Aoki (Intellectual) Property and Sovereignty: Notes Toward a Cultural Geography of Authorship 48 Stanford Law Review 1293 (May, 1996) Keith Aoki discusses the challenge that the rise of digital information technology poses to traditional legal conceptions of property. He chronicles the evolution of the idea of property and its relationship to sovereignty in Anglo-American law. In contrast to developments in other areas of property law, the legal characterization and... 1996  
Johanna Matanich A Treaty Comes of Age for the Ancient Ones: Implications of the Law of the Sea for the Regulation of Whaling 8 International Legal Perspectives 37 (Spring 1996) Whales exist today at the center of an anthropological conflict between economics and ecology. More importantly, they exist amid competing international viewpoints on what economics and ecology mean. The International Convention for the Regulation of Whaling is the primary international body regulating human interaction with whales. In 1946, it was... 1996  
Joseph E. Miller III Abrogating Sovereign Immunity Pursuant to its Bankruptcy Clause Power: Congress Went Too Far! 13 Bankruptcy Developments Journal 197 (Winter 1996) The principle of state sovereign immunity has historically been recognized by the legislative and judicial bodies of our nation as an essential component of the American system of government. Imbedded in the political framework of our nation to balance competing national and state interests, sovereign immunity was afforded implicit constitutional... 1996  
Christo Lassiter An Annotated Descriptive Summary of State Statutes, Judicial Codes, Canons, and Court Rules Relating to Admissibility and Governance of Cameras in the Courtroom 86 Journal of Criminal Law and Criminology 1019 (Spring 1996) ALA. CANONS OF JUD. ETHICS CANON 3(A) (MICHIE 1993): ADJUDICATIVE RESPONSIBILITIES. (7) Generally prohibits cameras in trial and appellate courtrooms, except in the exercise of sound discretion, they may be authorized for: (A) presentation of evidence, perpetuation of the record, and other purposes of judicial administration. (B) investitive,... 1996  
Vicki J. Limas Article Abstracts 17 Berkeley Journal of Employment and Labor Law 174 (1996) The abstracts section, a regular feature of the Journal, contains summaries of recent labor- and employment-related articles, comments and notes published in law reviews and journals nationwide. In addition, the section lists citations to recent articles of interest which are not summarized. The article summaries and citations are categorized under... 1996  
  B. United States v. Lopez: the Commerce Clause Vs. State Sovereignty, Once Again 22 Journal of Contemporary Law 158 (1996) In United States v. Lopez, the Supreme Court, for the first time in almost sixty years, struck down a congressional statute regulating private parties as beyond the reach of the commerce power of Article I Section 8 of the United States Constitution. This controversial case produced a fragmented five-four decision through six different opinions... 1996  
Patricia C. Kuszler Balancing the Barriers: Exploiting and Creating Incentives to Promote Development of New Tuberculosis Treatments 71 Washington Law Review 919 (October, 1996) Tuberculosis is one of the great medical paradoxes of our age. There are powerful drugs to cure the disease, yet it is far from being eradicated. Instead, it has re-emerged with the deadly form--the multidrug-resistant tuberculosis . . . and it is gaining the upper hand unless other new effective drugs are discovered soon . . . . As we face the... 1996  
Michael Kukuk Bioremediation: a Growing Trend in Pollution Treatment and Control 4 Missouri Environmental Law & Policy Review 11 (1996) On the list of things that people feel warm and fuzzy about, bacteria are somewhere between traffic jams and taxes. Bacteria are responsible for botulism poisoning and infections on skinned knees. In 1976, they killed 29 people at a Legionnaire's convention in Philadelphia. Just recently, because of them, one person died and more than 600 became... 1996  
Michael H. Gottesman Chickens Come Home to Roost: Have American Treaties Fenced off Some of Our Best Jobs from Americans? 27 Law and Policy in International Business 601 (Spring, 1996) The worm has turned, the pendulum swung, the chickens come home to roost. The bully is hoist on his own petard, there to suffer his just desserts. Our language abounds in metaphors reflecting our delight in David-and-Goliath stories, in which underdogs rise up to bite their oppressors. Here's one such story you may not find so delightful. The... 1996  
Charles Liu Chinese Sovereignty and Joint Development: a Pragmatic Solution to the Spratly Islands Dispute 18 Loyola of Los Angeles International and Comparative Law Journal 865 (September, 1996) The South China Sea contains a collection of tiny islands known as the Spratlys, which are the subject of a sovereignty dispute between China, Vietnam, the Philippines, Malaysia, and Brunei (claimants). Following World War II, the Spratlys remained largely unnoticed, except for a small Chinese garrison stationed there, and China's and Vietnam's... 1996  
Bradley C. Karkkainen Comment: Conceptions of Fiscal Federalism: Dual and Shared Sovereignty 2 Columbia Journal of European Law 565 (Spring/Summer, 1996) The principal papers presented here, by Lerke Osterloh and Richard Briffault, are highly informative and illuminating. The authors analyze the factual realities and practical limitations, as well as the legal underpinnings, of the fiscal constitutions of three federal systems: the United States, Germany, and the European Union. These papers thus... 1996  
Kevin C. Kennedy Conditional Approval of Treaties by the U.s. Senate 19 Loyola of Los Angeles International and Comparative Law Journal 89 (October, 1996) Article II, Section 2 of the U.S. Constitution provides that [the President] shall have power, by and with the Advice and Consent of the Senate, to make treaties. Beginning in the late 1980s and continuing into the 1990s, the Senate approved several human rights treaties that the political process had previously set aside. The Senate included a... 1996  
Nestor M. Davidson Constitutional Mass Torts: Sovereign Immunity and the Human Radiation Experiments 96 Columbia Law Review 1203 (June, 1996) On April 10, 1945, a few months before the first atomic bomb test at Trinity, New Mexico, doctors at a hospital near the Manhattan Project installation at Oak Ridge, Tennessee injected the victim of a car accident with plutonium. Project staff neither informed the patient of the nature of the experiment nor sought his consent. Federal officials,... 1996  
Alberto Szekely, J. Alan Beesley, Albert E. Utton Cuixmala Model Draft Treaty for the Protection of the Environment and the Natural Resources of North America 36 Natural Resources Journal 591 (Summer, 1996) The basic research paper for the preparation of this Model Draft Treaty was carried out and published by Alberto SzĂ©kely under the title Establishing a Region for Ecological Cooperation in North America, in 32 Nat. Resources J. 563 (1992). The Cuixmala Model Draft was then prepared by the International Transboundary Resources Center's (CIRT)... 1996  
David J. Bederman Dead Man's Hand: Reshuffling Foreign Sovereign Immunities in U.s. Human Rights Litigation 25 Georgia Journal of International and Comparative Law 255 (1995/1996) Those litigating human rights claims in the federal courts of the United States have had a run of especially good luck of late. The adoption of the Torture Victim Protection Act (TVPA) in 1991, along with notable victories in the Marcos cases, Paul v. Avril, and Taye v. Negewo, have galvanized the human rights advocacy community here. There have... 1996  
P.R.V. Raghavan Decision Confuses Tax Status, Treaty Benefits for Companies Doing Business in India 7 Journal of International Taxation 427 (September, 1996) A December 1995 decision by the Authority for Advance Ruling (AAR) in India is creating confusion regarding the tax status of U.S. and other foreign companies investing in India. It has also called into question when these companies would be entitled to treaty benefits. National Westminster Bank (NatWest), a U.K. bank, formed two wholly owned... 1996  
Thomas Michael McDonnell Defensivley Invoking Treaties in American Courts-jurisdictional Challenges under the U.n. Drug Trafficking Convention by Foreign Defendents Kidnapped Abroad by U.s. Agents 37 William and Mary Law Review 1401 (Summer, 1996) Article VI of the United States Constitution makes treaties the supreme Law of the Land. Through this clause, the Framers intended, among other things, to grant foreigners the right to invoke treaties in American courts. The Framers thereby hoped to avoid conflicts with a foreigner's home country. The potential for such conflict rises when our... 1996  
Astrid A.M. Mattijssen, Charlene L. Smith Dutch Treats: the Lessons the U.s. Can Learn from How the Netherlands Protects Lesbians and Gays 4 American University Journal of Gender & the Law 303 (Spring 1996) Imagine the following: a small militant religious group led by the Reverend Goeree publishes a journal entitled Evan. An article in the journal's most recent edition attacks homosexuals under the banner headline Sodom is Everywhere. Reverend Goeree reprints the article in pamphlets and distributes it widely throughout the country. Included in the... 1996  
Michael W. Grainey , Dirk A. Dunning Federal Sovereign Immunity: How Self-regulation Became No Regulation at Hanford and Other Nuclear Weapons Facilities 31 Gonzaga Law Review 83 (1995-1996) I. Introduction. 84 II. Hanford: A Case Study in the Legacy of Self-Regulation. 85 A. Past Waste Management Practices. 85 B. Environmental Restoration and Disposal Facility. 92 III. Inadequate Federal Regulation. 95 IV. State Regulation of Federal Facilities. 96 V. The Doctrine of Sovereign Immunity and Recent Attempts to Curb Its Effect. 98 A.... 1996  
Danny Abir Foreign Sovereign Immunities Act: the Right to a Jury Trial in Suits Against Foreign Government-owned Corporations 32 Stanford Journal of International Law 159 (Summer, 1996) The King Can Do No Wrong!? In the United States, the Foreign Sovereign Immunities Act (the FSIA or the Act) is the sole basis for federal subject matter jurisdiction in civil actions against foreign states. The Act authorizes federal jurisdiction over any non-jury civil action brought by American plaintiffs against a foreign state. A... 1996  
Scott Finet Habitat Protection and the Migratory Bird Treaty Act 10 Tulane Environmental Law Journal L.J. 1 (Winter 1996) I. Introduction: The Acceleration of Extinction. 2 II. The Origins and Interpretations of the Migratory Bird Treaty Act. 5 A. Forces that Contributed to the Coreation of MBTA. 5 B. The Migratory Bird Treaty Act's Legislative History. 7 C. The MBTA Treaties. 9 D. Pre-ESA MBTA CAses. 11 E. Factors Influencing the MBTA Habitat Preservation Cases. 13... 1996  
Keith M. Stolte If it Walks like a Duck: a Proposal to Unify U.s. Customs' Treatment of Infringing Imports 29 John Marshall Law Review 711 (Spring 1996) A United States Customs Service official from Seattle contacted the General Counsel of ACME Widget Company, a world leader in the manufacture and sale of widgets, and informed her that Customs had seized an imported shipment of 500,000 widgets which bore the trademark WIGGIES. This mark was identical to a registered trademark under which ACME... 1996  
John K. Gamble , (with the Research Assistance of Donald Wagner) International Law and the Information Age 17 Michigan Journal of International Law 747 (Spring 1996) Introduction . 748 I. Information-Seeking Techniques . 751 A. Assumptions About, and Approaches to, Research . 752 B. An Inventory of Electronic Systems . 760 1. Lexis . 760 2. Westlaw . 762 3. QUICKLAW . 764 4. CD-ROM . 766 5. The Internet . 767 6. Discussion Groups, e.g., INT-LAW . 770 7. Multilaterals Project . 771 C. Hypertext . 773 II.... 1996  
Teresa L. Peters International Refugee Law the Treatment of Gender-based Persecution: International Initiatives as a Model and Mandate for National Reform 6 Transnational Law & Contemporary Problems 225 (Spring, 1996) I. Introduction. 226 II. Factual and Historical Background. 227 A. Overarching History of Immigration Prior to 1951. 227 B. Early International Response to the Plight of Refugees. 230 C. The Unique Situation of Female Refugees. 231 III. International Recognition and Response to the Need for Protection of Women. 234 A. Documents Pertaining to Women... 1996  
Martin A. Rogoff Interpretation of International Agreements by Domestic Courts and the Politics of International Treaty Relations: Reflections on Some Recent Decisions of the United States Supreme Court 11 American University Journal of International Law and Policy 559 (1996) In its 1993 decision in Sale v. Haitian Centers Council, Inc., the United States Supreme Court upheld the policy of the Clinton administration of intercepting on the high seas Haitians bound by ship for the United States and forcibly repatriating them without first determining whether they could be classified as refugees, thereby qualifying for... 1996  
Joshua I. Schwartz Liability for Sovereign Acts: Congruence and Exceptionalism in Government Contracts Law 64 George Washington Law Review 633 (April, 1996) This Article explores two doctrines that have been employed to relieve the United States of liability for certain kinds of governmental actions that interfere with performance of a federal governmental contract. The scope and rationale of each of these two doctrines, the sovereign acts doctrine and the unmistakability doctrine, have been far from... 1996  
James L. Wescoat, Jr. Main Currents in Early Multilateral Water Treaties: a Historical-geographic Perspective, 1648-1948 7 Colorado Journal of International Environmental Law and Policy 39 (Winter, 1996) Phrases like water for peace, water wars, integrated water management, hydropolitics, and water sharing have become common in international water policy discussions of the past decade. Although most recently applied to the Middle East, these expressions have also found currency in Asia, North America, multilateral forums, and elsewhere.... 1996  
A.J. Tangeman Nafta and the Changing Role of State Government in a Global Economy: Will the Nafta Federal-state Consultation Process Preserve State Sovereignty? 20 Seattle University Law Review 243 (Fall 1996) Over the last several years, state and federal officials have become increasingly concerned about the security of state sovereignty in the face of the United States government's aggressive trade policy. As barriers among countries diminish and the domestic and foreign spheres of government become more integrated, a state's ability to regulate and... 1996  
Robert Batey Naked Lunch for Lawyers: William S. Burroughs on Capital Punishment, Pornography, the Drug Trade, and the Predatory Nature of Human Interaction 27 California Western International Law Journal 101 (Fall 1996) At eighty-two, William S. Burroughs has become a literary icon, arguably the most influential American prose writer of the last 40 years, the rebel spirit who has witch-doctored our culture and consciousness the most. In addition to literature, Burroughs' influence is discernible in contemporary music, art, filmmaking, and virtually any other... 1996  
Matthew Schaefer National Review of Wto Dispute Settlement Reports: in the Name of Sovereignty or Enhanced Wto Rule Compliance? 11 Saint John's Journal of Legal Commentary 307 (Spring 1996) The Uruguay Round of Multilateral Trade Negotiations expanded the scope of substantive obligations within the world trading system to include rules on trade-in-services and trade-related intellectual property rights. This Round also strengthened existing rules relating to trade-in-goods, including a forty percent reduction in worldwide tariffs and... 1996  
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
Robert A. Fairbanks Native American Sovereignty and Treaty Rights: Are They Historical Illusions? 20 American Indian Law Review 141 (1995-1996) Native American peoples, and their governments, steadfastly claim they possess sovereignty. Moreover, they vociferously demand that local, state and federal governments honor and respect their sovereignty. However, given the conservative political climate that has swept the United States, Native American peoples can expect strong challenges to... 1996  
G. Porter Elliott Neutrality, the Acquis Communautaire and the European Union's Search for a Common Foreign and Security Policy under Title V of the Maastricht Treaty: the Accession of Austria, Finland and Sweden 25 Georgia Journal of International and Comparative Law 601 (Summer, 1996) Page I. INTRODUCTION. 603 II. SUMMARY OF RECENT SECURITY THREATS TO THE EUROPEAN COMMUNITY. 607 A. The Former Soviet Union. 607 B. The Former Yugoslavia. 609 C. Germany. 611 III. LAYING THE LEGAL FOUNDATION FOR A MORE SECURE UNION. 613 A. Title V of the Maastricht Treaty. 614 B. The Western European Union. 615 IV. ACQUIS COMMUNAUTAIRE, THE 1995... 1996  
Leo P. Martinez Of Fairness and Might: the Limits of Sovereign Power to Tax after Winstar 28 Arizona State Law Journal 1193 (Winter, 1996) The power to tax is . . . the most pervading of all the powers of government. A legal duty with no legal remedy is an illusion. C1-3TABLE OF CONTENTS I. INTRODUCTION. 1194 II. THE POWER TO TAX. 1196 A. Government's Broad Powers of Taxation. 1196 B. Limitations on the Power to Tax. 1199 1. Deterrent Taxes. 1201 2. Punitive Taxes. 1204 3. Harsh... 1996  
Steven Pachman Preventing the Friendship, Commerce and Navigation Treaty "From Being Set at Naught": Allowing Subsidiaries to Assert Foreign Parent's Treaty Rights 69 Temple Law Review 485 (Spring 1996) Following World War II, the United States sought to protect and facilitate international investment by signing friendship, commerce, and navigation (FCN) treaties with more than two dozen countries. The basic intent in negotiating these treaties was to promote and preserve both foreign investment in the United States and United States investment... 1996  
Renna Rhodes Principles of Governmental Immunity in Texas: the Texas Government Waives Sovereign Immunity When it Contracts -- or Does It? 27 Saint Mary's Law Journal 679 (1996) I. Introduction . 679 II. Governmental Immunity in General . 684 A. English Roots . 684 B. Assimilation into American Law . 686 C. Governmental Immunity in Texas . 689 III. Sovereign Immunity . 693 A. In General . 693 1. Distinguished from Governmental Immunity . 693 2. Who and What Sovereign Immunity Protects . 695 3. Distinguished from Official... 1996  
  Private Sovereignties 109 Harvard Law Review 669 (1/1/1996) American political thought has long grappled with the proper relationship between the state and private groups defined by race, religion, political belief, and a host of other characteristics. In Law and the Company We Keep, Aviam Soifer explores the degree of protection American law should afford such groups in the face of public encroachment.... 1996  
Susan C. Lonowski Recognizing the Right of Terminally-ill Mature Minors to Refuse Life-sustaining Medical Treatment: the Need for Legislative Guidelines to Give Full Effect to Minors' Expanded Rights 34 University of Louisville Journal of Family Law 421 (1995-1996) In recent years, the medical profession has witnessed a dramatic increase in its ability to sustain life where it previously could not do so. As a result, it is not uncommon for patients, especially those with terminal illnesses, to face the decision whether to accept or reject medical treatment that would sustain their life and prolong the dying... 1996  
Eric Grant Responding to Imperfection: the Theory and Practice of Constitutional Amendment. Edited by Sanford Levinson. Princeton, N.j.: Princeton University Press. 1995. Pp. Ix, 330. Cloth, $59.50; Paper, $18.95. 13 Constitutional Commentary 125 (Spring, 1996) In this collection of essays, Sanford Levinson has brought together an impressive group of constitutional theorists and political scientists to discuss the theory and practice of amending constitutions. Nine of the volume's thirteen contributions are original, and even the four previously published works are useful abridgements of valuable... 1996  
Eric Mills Holmes Restatement of Promissory Estoppel 32 Willamette Law Review 263 (Spring 1996) C1-3Table of Contents I. Introduction. 265 II. Four Stages in the Doctrinal Evolution of Promissory Estoppel. 271 A. Estoppel Stage One: Defensive and Offensive Equitable Estoppel. 277 1. Defensive Equitable Promissory Estoppel. 277 2. Offensive Equitable Promissory Estoppel. 282 B. Contract Stage Two: Promissory Estoppel as Consideration... 1996  
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