AuthorTitleCitationSummaryYearKey Terms
Andrew M. Beato Newly Independent and Separating States' Succession to Treaties: Considerations on the Hybrid Dependency of the Republics of the Former Soviet Union 9 American University Journal of International Law and Policy 525 (Winter, 1994) While the leadership of Russian President Boris Yeltsin heralded a welcome change in the historically antagonistic relations between the Soviet Union and the United States, the dissolution of the Soviet Union engenders grave concern over the stability of U.S. foreign relations with Eurasia. Formerly composed of fifteen republics under one central... 1994  
Barry J. Hurewitz Non-proliferation and Free Access to Outer Space: the Dual-use Dilemma of the Outer Space Treaty and the Missile Technology Control Regime 9 High Technology Law Journal 211 (1994) Outer space . . . shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law. . . . There shall be freedom of scientific investigation in outer space . . . and States shall facilitate and encourage international cooperation in such investigation. C1-3Table... 1994  
J. Steven Justice Personhood and Death -- the Proper Treatment of Anencephalic Organ Donors under the Law: in re T.a.c.p., 609 So. 2d 588 (Fla. 1992). 62 University of Cincinnati Law Review 1227 (Winter, 1994) Cultures can be judged in many ways, but eventually every nation in every age must be judged by this test: How did it treat people? Doctors informed Laura Campo and Justin Pearson during Laura's eighth month of pregnancy that their child would be born with an invariably fatal birth defect called anencephaly. Infants exhibiting this condition are... 1994  
Richard B. Bilder Perspectives on Sovereignty in the Current Context: an American Viewpoint 20 Canada-United States Law Journal L.J. 9 (1994) My assignment is to discuss sovereignty in its broadest aspects and beyond our particular North American context. Certainly, sovereignty is a very popular subject these days. Conferences and writings like our own, with titles such as The Problem of Sovereignty , Challenges to Sovereignty , The Limits of Sovereignty , and The Waning of the Sovereign... 1994  
Wright S. Walling , Gary A. Debele Private Chips Petitions in Minnesota: the Historical and Contemporary Treatment of Children in Need of Protection or Services 20 William Mitchell Law Review 781 (1994) I. Introduction . 782 II. The Historical Treatment of Dependent and Neglected Children . 783 A. Medieval and Early Modern Europe . 783 B. Colonial America . 785 C. Eighteenth Century America . 787 D. Nineteenth Century America . 789 E. The Progressive Era . 794 F. Twentieth Century Developments . 798 G. The 1950s and Thereafter . 800 III.... 1994  
Sandra L. Rierson Race and Gender Discrimination: a Historical Case for Equal Treatment under the Fourteenth Amendment 1 Duke Journal of Gender Law & Policy 89 (1994) It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people--women as well as men. --Susan B. Anthony Under the... 1994  
D.W. Greig Reciprocity, Proportionality, and the Law of Treaties 34 Virginia Journal of International Law 295 (Winter, 1994) The balancing of interests is fundamental to the law's role in promoting the well being of society. In establishing and maintaining this balance, the concepts of reciprocity and proportionality figure prominently. At common law, the very idea of contract traversed, even if it did not originate in, the notion of reciprocity. A promise was enforced... 1994  
Lauren E. Passmore Reintroducing Equal Treatment in the "Toxic" Litigation Arena: an Exploration of the Factors Courts Utilize to Divide the Costs of Environmental Remediation 79 Cornell Law Review 1682 (September, 1994) The year is 1994, and the government discovers toxic contamination on SuperGrow, Mr. Goodguy's newly purchased fertilizer factory, which produces ammonia-based fertilizers. Apparently, in 1827 Mr. Sneak, a surreptitious dumper, illegally disposed of several thousand barrels of sodium chloride, commonly known as salt, on the clay-packed site that... 1994  
David J. Bederman Revivalist Canons and Treaty Interpretation 41 UCLA Law Review 953 (April, 1994) L1-2Introduction 954. I. A Primer on U.S. Treaty Interpretation. 955 A. Allocation of Constitutional Power to Interpret Treaties. 956 1. Judicial Deference to Senate Interpretations of Treaties. 957 2. Judicial Deference to Executive Interpretation. 960 B. Basic Methods of Treaty Construction. 963 1. Canon One: Begin interpretation with the... 1994  
John Postl Sovereign Immunity -- Federal Tort Claims Act -- Wrongful Death Action Against the United States Barred by the Sovereign Immunity Doctrine, Koohi v. United States, 976 F.2d 1328 (9th Cir. 1992), Cert. Denied, 113 S. Ct. 2928 (1993). 17 Suffolk Transnational Law Review 620 (Spring 1994) The common law doctrine of sovereign immunity was based on the premise that the King could do no wrong. Congressional passage of the Federal Tort Claims Act (FTCA) modified the common law interpretation of sovereign immunity by providing that the United States government cannot be sued without its consent. In Koohi v. United States, the United... 1994  
Rajpreet S. Basi Sovereign Savior: the Global Environmental Development Fund: a Need-based Mechanism for Third World Empowerment in Environmental Reform 6-FALL International Legal Perspectives Persp. 3 (Fall, 1994) The developing world - caught between the indignity of charity and the ambition of economic justice. In the history of organized society, natural resources have consistently found their way to those societies which can pay the highest price for them. Initially, the disparity in value may be based upon the difference in technology; either in the... 1994  
Robert F. Drinan, S.J. Sovereignty and Human Rights 20 Canada-United States Law Journal 75 (1994) I am always pleased to accept your invitation and to see my good friend Henry King. We are very happy to see him so prosperous and so idealistic. I welcome also my old friend Professor Richard Bilder, whose daughter incidentally is now a professor at my favorite law school, Boston College Law School. Let me tell you a little story about Cleveland,... 1994  
Gary N. Horlick Sovereignty and International Trade Regulation 20 Canada-United States Law Journal 57 (1994) I have to add an historical note. I note that our materials start with the Treaty of Westphalia in 1648. Certainly from the very beginning of U.S. history, with the treaty that in effect, created us, the Jay Treaty, people were bargaining away sovereign economic rights. We gave away fishing rights to Canada, or as it was then called, Nova Scotia in... 1994  
Stanley M. Spracker Sovereignty and the Regulation of International Business in the Environmental Area: an American Viewpoint 20 Canada-United States Law Journal 225 (1994) Environmental protection and conservation issues have come to the forefront of the international political agenda. This is evidenced by the success of the Rio Earth Summit and the continuing dialogue between nations that has since followed. Although nations on the whole recognize the problem and agree on the ultimate goal of protecting the... 1994  
Elizabeth Pa Martin Sovereignty Education Program 1994-FEB Hawaii Bar Journal 12 (February, 1994) The Native Hawaiian Bar Association was created in June 1992 to promote unity and the exchange of ideas among lawyers and others of Hawaiian ancestry in the legal profession. The organization was also formed to provide a forum for the discussion of issues of interest to individuals of Hawaiian ancestry, to seek justice and effective legal... 1994  
M. R. Franks Sovereignty, Statehood and Self-determination Claims to Statehood in International Law. By Nii Lante Wallace-bruce. New York: Carlton Press, 1994. Pp. 255. Index. 15 Northwestern Journal of International Law and Business 231 (Fall, 1994) To tour the world while examining the various claims to sovereignty over virtually every inch, one may read Nii Lante Wallace-Bruce's book, Claims to Statehood in International Law. His book is a fascinating excursion through the four worlds. Although the origin of the terminology is obscure, the term First World clearly refers to capitalist... 1994  
Joel P. Brous State Sovereignty and Compulsory Negotiations 1994 Journal of Dispute Resolution 125 (1994) Indian tribes located within states that permit gambling are allowed to license and operate gaming activities on Indian lands as long as these activities comply with the Indian Gaming Regulatory Act [hereinafter IGRA]. Congress enacted the IGRA to balance tribal autonomy and economic self-sufficiency with the state police power seeking to control... 1994  
Karol L. Kahalley State Sovereignty--back to the Future: the Supreme Court Reaffirms State Sovereignty in Cooperative Federalism Solutions to Environmental Problems. New York v. United States, 112 S.ct. 2408 (1992) 29 Land and Water Law Review 117 (1994) The Low-Level Radioactive Waste Policy Act of 1980 (the 1980 Act) and the Amendments Act of 1985 (the 1985 Act) represent congressional efforts to address the difficult problem of disposing of low-level radioactive waste (LLRW) generated by commercial use of nuclear technology. Rather than impose a federal solution, the 1980 Act encouraged states... 1994  
Colonel Richard J. Erickson, USAF (Ret.) Status of Forces Agreements: a Sharing of Sovereign Prerogative 37 Air Force Law Review 137 (1994) United States Armed Forces are permanently stationed abroad for national security purposes. These purposes may be expressed in multilateral mutual security treaties, in bilateral defense arrangement, or in domestic legislation of the United States. Armed Forces of the United States have also been stationed overseas as part of an international... 1994  
Janet W. Steverson Stopping Fetal Abuse with No-pregnancy and Drug Treatment Probation Conditions 34 Santa Clara Law Review 295 (1994) Born 12 weeks premature to a woman who had been shooting cocaine into her body all during her pregnancy, the baby weighed 1 pound, 12 ounces at birth. At 9 days old, his intestines ruptured in two places, requiring hours of surgery and leaving the child with an egg-sized colostomy bag pinned to his stomach. Meanwhile, nearly microscopic blood... 1994  
Antonio F. Perez Survival of Rights under the Nuclear Non-proliferation Treaty: Withdrawal and the Continuing Right of International Atomic Energy Agency Safeguards 34 Virginia Journal of International Law 749 (Summer, 1994) On February 25, 1993, the Board of Governors of the International Atomic Energy Agency (IAEA or Agency) adopted a resolution calling upon the Democratic People's Republic of Korea (DPRK or North Korea) to cooperate with the IAEA and accept its request to inspect two sites at Yongbyon. The Agency's Secretariat suspected, and the Board of Governors... 1994  
David E. Spencer Taxation of Interest Depends Heavily on U.s. Treaties 5 Journal of International Taxation 355 (August, 1994) Although many U.S. income tax treaties follow the treasury model, classification of interest and rates of withholding tax vary with each treaty partner. The U.S. imposes a flat 30% withholding tax on U.S.-source interest paid to foreign persons under Sections 871(a)(1)(A) and 881(a)(1) if the interest is not effectively connected with a U.S. trade... 1994  
Michael S. Straubel Textualism, Contextualism, and the Scientific Method in Treaty Interpretation: How Do We Find the Shared Intent of the Parties? 40 Wayne Law Review 1191 (Spring, 1994) In two 1989 decisions of the United States Supreme Court, Justice Antonin Scalia and Justice William Brennan disagreed on when extratextual sources may be consulted to interpret a treaty. Justice Scalia's position was that extratextual sources, such as travaux préparatoires and Senate ratification proceedings, may only be consulted when the text of... 1994  
L. Scott Gould The Congressional Response to Duro v. Reina: Compromising Sovereignty and the Constitution 28 U.C. Davis Law Review 53 (Fall, 1994) C1-3Table Of Contents L1-2Introduction 55. I. Duro and the Duro Fix. 63 A. The Doctrine of Inherent Sovereignty. 63 B. Judicial Limitations of Inherent Sovereignty. 67 1. Oliphant v. Suquamish Indian Tribe. 67 2. Duro v. Reina. 69 C. Public Law 102-137: Recognition or Delegation. 79 D. Applying Public Law 102-137: A Complicated Addition to an... 1994  
Matthew Lippman The Development and Drafting of the United Nations Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 17 Boston College International and Comparative Law Review 275 (Summer, 1994) This Article traces the development and drafting of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Part I gives an overview of the development of torture in the ancient world and Europe. Part II of the Article recounts the use of torture in the first-half of the twentieth century and outlines the... 1994  
Angela L. Martin The Discretionary Function Exemption Returns Sovereign Immunity to the Throne of Douglas County -- Once Again, the "King Can Do No Wrong": Jasa v. Douglas County 28 Creighton Law Review 247 (December, 1994) Prior to 1946, an individual could not bring a tort action against the United States. However, in 1946, Congress enacted the Federal Tort Claims Act (F.T.C.A.) in response to the growing influx of private tort claims which citizens were bringing against the government. The F.T.C.A. waives sovereign immunity and permits an individual to sue the... 1994  
Christina Gayle Woods The Dual Sovereignty Exception to Double Jeopardy: an Unnecessary Loophole 24 University of Baltimore Law Review 177 (Fall, 1994) The Fifth Amendment protection against double jeopardy, which provides that no person shall be subject for the same offence to be twice put in jeopardy of life or limb, is the oldest of guarantees in the Bill of Rights. Having survived the Dark Ages, the belief in double jeopardy protection reflects the pervasive influence of deeply entrenched... 1994  
Henry J. Reske The High Cost of Bias 80-JUN ABA Journal 80 (June, 1994) A continuing failure to reduce racial and ethnic bias in the justice system poses a challenge to the idea of the rule of law, the new head of the U.S. Department of Justice's Civil Rights Division told a recent ABA gathering. Assistant Attorney General Deval Patrick was among the speakers at the conference, titled Achieving Justice in a Diverse... 1994  
Victor B. Flatt The Human Environment of the Mind: Correcting Nepa Implementation by Treating Environmental Philosophy and Environmental Risk Allocation as Environmental Values under Nepa 46 Hastings Law Journal 85 (November, 1994) [A]ll agencies of the Federal Government shall . . . include in every recommendation or report on proposals for . . . major Federal actions significantly affecting the quality of the human environment, a detailed statement . . . on the environmental impact of the proposed action . . . . -- United States Code And why are you anxious about... 1994  
Hao-Nhien Q. Vu The Law of Treaties and the Export of Hazardous Waste 12 UCLA Journal of Environmental Law & Policy 389 (1994) The public generally sees toxic waste exports as a wrong, not a legitimate activity. This perception is due, in part, to reports indicating a pattern in which a rich country dumps its hazardous wastes in a Third World country, often in an unsafe manner and without properly informing the local community. Accounts of such misdeeds abound. In one... 1994  
Jean Kephart Cipriani The Limits of the Autonomy Principle: Refusal of Life-sustaining Medical Treatment for Incompetent Persons 22 Hofstra Law Review 703 (Spring 1994) A moral position is inherent in every act of selection. This is illustrated by the patent untruth of the aphorism that morality cannot be legislated. Cannot here really means should not and should not itself is a moral construct. Legal values reflecting detachment from moral values in order to encourage tolerance of diverse moral values are... 1994  
Steve Charnovitz The Nafta Environmental Side Agreement: Implications for Environmental Cooperation, Trade Policy, and American Treatymaking 8 Temple International and Comparative Law Journal 257 (Fall, 1994) In August 1992, the Bush Administration began to prepare its formal notice to Congress on a new trade agreement with Mexico and Canada. This notification was a key procedural step in gaining fast track status for trade agreement consideration by Congress. After the broad outlines of the agreement had been announced in August, the Bush... 1994  
Bryan Beier The Perils of Analogical Reasoning: Joseph William Singer, Property and Sovereignty and Property 1 George Mason University Law Review 33 (Spring, 1994) [I]t is characteristic of reasoning by analogy, as I understand it here, that lawyers are not able to explain the basis for these beliefs in much depth or detail, or with full specification of the theory that accounts for those beliefs. Reasoning by analogy is one of the most common and most useful means of thinking about problems. Instinctively... 1994  
Francisco Orrego Vicuna The Protocol on Environmental Protection to the Antarctic Treaty: Questions of Effectiveness 7 Georgetown International Environmental Law Review Rev. 1 (Fall, 1994) Since the Protocol on Environmental Protection to the Antarctic Treaty was signed in 1991, a number of important questions have been raised in relation to its effectiveness and its ability to meet the expectations created at the time of its negotiation. The shared objective of all governments participating in these negotiations was the enhanced... 1994  
Karen E. Goldmeier The Right to Refuse Life-sustaining Medical Treatment: National Trends and Recent Changes in Maryland Law 53 Maryland Law Review 1306 (1994) Although scientific advancements in recent years have enhanced the quality of health care for hopelessly and terminally ill patients, new treatment options also have presented patients, families, and health care providers with profound legal and ethical dilemmas. The scope of a guardian's authority to refuse life-sustaining treatment on behalf of... 1994  
Paul G. Cassell The Rodney King Trials and the Double Jeopardy Clause: Some Observations on Original Meaning and the Aclu's Schizophrenic Views of the Dual Sovereign Doctrine 41 UCLA Law Review 693 (February, 1994) In August 1992, the United States Department of Justice filed federal civil rights charges against four police officers for assaulting Rodney G. King, even though they had been acquitted in an earlier state trial. The Department's decision was generally understood to follow constitutional principles of double jeopardy. While the Double Jeopardy... 1994  
Amir Pasic Theme Panel I: Theoretical Perspectives on the Transformation of Sovereignty 88 American Society of International Law Proceedings Proc. 1 (April 6-9, 1994) The panel was convened at 4:00 p.m., Wednesday, April 6, 1994, by its Chair, James R. Crawford, who introduced the panelists: Benedict Kingsbury, Duke University School of Law; Karen Knop, University of Toronto; Martti Koskenniemi, Ministry of Foreign Affairs, Finland; and Fernando Tesón, Arizona State University College of Law. This is the first... 1994  
Susan T. Gibbs Theme Panel Iii: Multiple Tiers of Sovereignty: the Future of International Governance 88 American Society of International Law Proceedings 51 (April 6-9, 1994) The panel was convened at 10:15 a.m., Friday, April 8, 1994, by its Chair, Thomas M. Franck, who introduced the panelists in the order of their speaking: Roy S. Lee, United Nations, Office of the Legal Counsel; Paul W. Kahn, Yale Law School; Ruth Wedgwood, Yale Law School; Francis Deng, Senior Fellow at The Brookings Institution and former... 1994  
Richard Ponzio Theme Panel Iv: the End of Sovereignty? Roundtable 88 American Society of International Law Proceedings 71 (April 6-9, 1994) The roundtable to discuss the three earlier theme panels was convened at 10:15 a.m., Saturday, April 19, by its moderator, Professor James R. Crawford, who introduced the panelists and rapporteur. Panelists were Anne-Marie Slaughter Burley, University of Chicago; Thomas M. Franck, New York University School of Law; Rosalyn Higgins, London School of... 1994  
Timothy P. Terrell , Bernard L. McNamee Transovereignty: Separating Human Rights from Traditional Sovereignty and the Implications for the Ethics of International Law Practice 17 Fordham International Law Journal 459 (1994) C1-2CONTENTS L1-2Introduction 459 I. Sovereignty, Rights, and Political Theory. 462 A. Austin. 463 B. Hart. 464 C. Dworkin. 466 II. Transovereignty. 468 III. The Catholic Church as Transovereign in Poland. 472 IV. Transovereignty and Legal Ethics. 479 A. Transovereigns and Lawyer Independence. 480 B. Transovereigns as Clients: Conflicts and... 1994  
Joseph W. Dellapenna Treaties as Instruments for Managing Internationally-shared Water Resources: Restricted Sovereignty Vs. Community of Property 26 Case Western Reserve Journal of International Law 27 (Winter, 1994) During Operation Desert Storm, the coalition air forces targeted electric power stations, impairing water supplies for civilian and military needs. The impairment of water supplies resulted both from the incidental destruction of water storage facilities and, more importantly, from the deprivation of power from the pumping stations as a result of... 1994  
Joseph W. Dellapenna Treaties as Instruments for Managing Internationally-shared Water Resources: Restricted Sovereignty Vs. Community of Property 26 Case Western Reserve Journal of International Law 27 (Winter, 1994) During Operation Desert Storm, the coalition air forces targeted electric power stations, impairing water supplies for civilian and military needs. The impairment of water supplies resulted both from the incidental destruction of water storage facilities and, more importantly, from the deprivation of power from the pumping stations as a result of... 1994  
Edward V. Byrne What Ever Happened to the Peremptory Challenge? 63-SEP Journal of the Kansas Bar Association 18 (September, 1994) The right of [peremptory] challenge...has always been held essential to the fairness of trial by jury. [I]t must be exercised with full freedom, or it fails of its full purpose. Lewis v. United States, 146 U.S. 370, 376, 378 (1892). Our constitution is color-blind, and neither knows nor tolerates classes among citizens. Plessy v. Ferguson,... 1994  
John R. Wunder William G. Mcloughlin, after the Trail of Tears: the Cherokees' Struggle for Sovereignty, 1839-1880. Chapel Hill: University of North Carolina Press, 1993. Pp. Xv + 439. 44 Journal of Legal Education 308 (June, 1994) The Cherokees have not been blessed with many positive happenings in their legal relationships with the United States, but they do have something no other Indian nation of North America has: they have received significant historical attention from legal and political historians, and their story has benefitted from it. The first modern legal scholar... 1994  
Bruce A. Wagman Advancing Tribal Sovereign Immunity as a Pathway to Power 27 University of San Francisco Law Review 419 (Winter, 1993) AMERICAN INDIAN tribes existed as individual, self-contained nations before the first Europeans set foot on the American continent. Initial treaty making by British and Spanish colonizers officially recognized the undisputed sovereignty of Indian nations. At the same time, the Europeans set a precedent of domination through cession of Indian lands... 1993 Yes
Steven Paul McSloy Bac Native American Sovereignty in the 21st Century 20 New York University Review of Law and Social Change 217 (1993) Introduction I. From Then to Here A. International Law B. Land C. Federalism D. The Frontier E. Plenary Power F. The Road II. The Empire Has No Clothes A. The Commerce Clause B. The Treaty Power C. The Trust Relationship D. Implicit Divestiture E. There Is No There There F. What Is to Be Done? III. International Law and Indigenous Peoples A.... 1993 Yes
James J. Belliveau Casino Gambling under the Indian Gaming Regulatory Act: Narragansett Tribal Sovereignty Versus Rhode Island Gambling Laws 27 Suffolk University Law Review 389 (1993) The question of how best to regulate gaming on Indian lands raises important issues regarding State law enforcement authority, the need for proper regulation of gaming activities and the strong interests of Indian tribes in self-government and economic development. As with most matters affecting the legal relations between the States and Indian... 1993 Yes
Robert Berry Civil Liberties Constraints on Tribal Sovereignty after the Indian Civil Rights Act of 1968 1 Journal of Law & Policy Pol'y 1 (1993) The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from... 1993 Yes
Patrick Macklem DisTributing Sovereignty: Indian Nations and Equality of Peoples 45 Stanford Law Review 1311 (May, 1993) I. Introduction. 1312 II. Indian Government in North America. 1316 A. United States. 1317 B. Canada. 1320 C. Similarities. 1323 D. Racial or Political?. 1324 III. Indian Government and Prior Occupancy. 1327 A. The Relevance of Prior Occupancy. 1327 B. Prior Occupancy as Proxy. 1329 1. Immigration and consent. 1330 2. The role of treaties. 1331 3.... 1993 Yes
Vicki J. Limas Employment Suits Against Indian Tribes: Balancing Sovereign Rights and Civil Rights 70 Denver University Law Review 359 (1993) The proliferation of employment suits in state and federal court is mirrored in the courts of Indian tribes that employ people in tribal government and commercial enterprises. The employment relationship provides a fertile source of litigation in federal and state courts; not only is it heavily regulated by statute, but numerous common law theories... 1993 Yes
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