| Author | Title | Citation | Summary | Year | Key Terms |
| Timothy W. Joranko |
Exhaustion of Tribal Remedies in the Lower Courts after National Farmers Union and Iowa Mutual: Toward a Consistent Treatment of Tribal Courts by the Federal Judicial System |
78 Minnesota Law Review 259 (December, 1993) |
In National Farmers Union Insurance Cos. v. Crow Tribe and Iowa Mutual Insurance Co. v. LaPlante, the Supreme Court ruled that defendants in tribal court actions must exhaust available tribal court remedies before proceeding with a parallel action in federal court. At the same time, the Court held that defendants could challenge the tribal court's... |
1993 |
Yes |
| Allison M. Dussias |
Geographically-based and Membership-based Views of Indian Tribal Sovereignty: the Supreme Court's Changing Vision |
55 University of Pittsburgh Law Review Rev. 1 (Fall, 1993) |
C1-2Table of Contents I. The Cherokee Cases. 6 A. Cherokee Nation v. Georgia. 6 B. Worcester v. Georgia. 12 II. Geographically-based and Membership-based Sovereignty in Recent Supreme Court Cases. 17 A. Tribal Court Criminal Jurisdiction. 18 1. Tribal Court Criminal Jurisdiction Over Tribal Members. 21 2. Tribal Court Criminal Jurisdiction Over... |
1993 |
Yes |
| John H. Mcclanahan |
Indian Law-Tribal Sovereignty-congress, Please Help Again-the Cheyenne River Sioux Tribe Cannot Regulate Hunting and Fishing Because the Non-Indian Interest Controls. South Dakota v. Bourland, 113 S.ct. 2309 (1993). |
29 Land and Water Law Review 505 (1993) |
Before 1988, both the Cheyenne River Sioux Tribe and the State of South Dakota had successfully negotiated the issue of regulatory authority over hunting and fishing activities on Cheyenne River Reservation lands, and had each enforced their respective game and fish regulations. However, a dispute arose between the State of South Dakota and the... |
1993 |
Yes |
| Christina D. Ferguson |
Martinez v. Santa Clara Pueblo: a Modern Day Lesson on Tribal Sovereignty |
46 Arkansas Law Review 275 (1993) |
How has our own country treated its oldest and most persisting minority, the Indians; how has it treated them, and how is it treating them now? President Franklin D. Roosevelt Like the miner's canary, the Indian marks the shift from fresh air to poison air in our political atmosphere . our treatment of Indians, even more than our treatment of other... |
1993 |
Yes |
| June Starr , Kenneth C. Hardy |
Not by Seeds Alone: the Biodiversity Treaty Native Agriculture |
12 Stanford Environmental Law Journal 85 (1993) |
We have to ask what kind of relationship can our advanced culture have with primitive nature and how can we nurture and be nurtured by nature? Maintaining and preserving the delicate balance of each ecosystem is central to any attempt to halt the ecological damage to our planet. As scientific studies reveal, balanced ecosystems do not develop... |
1993 |
Yes |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Steve T. Madsen |
A Certain False Security: the Madrid Protocol to the Antarctic Treaty |
4 Colorado Journal of International Environmental Law and Policy 458 (Summer, 1993) |
Antarctica has in the past two decades come to the fore of mainstream international law. Increasing awareness of its mineral potential, coupled with an appreciation for the finiteness of global resources in general and hydrocarbon resources in particular, has resulted in increased attention being paid to this unique land. Diplomatic activity may... |
1993 |
|
| David Everett Marko |
A Kinder, Gentler Moon Treaty: a Critical Review of the Current Moon Treaty and a Proposed Alternative |
8 Journal of Natural Resources & Environmental Law 293 (1992-1993) |
A few thousand miles beyond our little planet, there are enough natural resources to support a civilization many thousand times larger than the Earth's population. Who owns those resources? Who has the right to use and appropriate them? Who should? Today there is no widely accepted international law governing the moon and other celestial bodies.... |
1993 |
|
| Kristin M. Lomond |
An Adult Patient's Right to Refuse Medical Treatment for Religious Reasons: the Limitations Imposed by Parenthood |
31 University of Louisville Journal of Family Law 665 (1992/1993) |
In 1985 Stacey Paddock, a pregnant woman required to undergo a caesarian section because of pregnancy complications, consented to all treatment necessary to perform the operation except for blood transfusions. Paddock refused the blood transfusions because of her religious convictions. The hospital and her attending physicians then petitioned the... |
1993 |
|
| Ron S. Chun |
Avoiding a Jurassic Dinosaur Run Amok: Circumventing Eleventh Amendment Sovereign Immunity to Remedy Violations of the Automatic Stay |
98 Commercial Law Journal 179 (Summer, 1993) |
Any step through the looking glass of the Eleventh Amendment leads to a wonderland of judicially created and perpetuated fiction and paradox. Section 362 of the Bankruptcy Code invokes an automatic stay upon actions against the debtor, property of the debtor, and property of the estate. The automatic stay is fundamental to bankruptcy because it... |
1993 |
|
| Keith Highet, George Kahale III, William A. Schabas, University of Quebec at Montreal |
Canada-extradition-death Penalty-international Human Rights Treaties |
87 American Journal of International Law 128 (January, 1993) |
Recent issues of this Journal have focused attention on the conflict between extradition treaties and international human rights obligations, where capital punishment may be imposed. The Canadian Government has indicated that it will not follow the emerging trend in Europe to refuse extradition to the United States and other countries in death... |
1993 |
|
| John King Gamble , Charlotte Ku |
Choice of Language in Bilateral Treaties: Fifty Years of Changing State Practice |
3 Indiana International & Comparative Law Review 233 (Spring, 1993) |
Treaties and treaty-making deservedly occupy a central place in the international legal scholarly literature. As the major source of international obligation, examining the form and content of treaties can provide tangible and quantifiable information about the behavior of states and the international environment in which they operate. On a more... |
1993 |
|
| Michelle L. Farmer |
Constitutional Law-bills of Attainder-supplemental Extradition Treaty Struck down as Bill of Attainder, Mcmullen v. United States, 953 F.2d 761 (2d Cir.1992). |
16 Suffolk Transnational Law Review 668 (Spring, 1993) |
Extradition treaties have played an integral part in United States foreign policy. These treaties consistently provided a political offense exception clause which forbade extradition if the nature of the petitioner's crime was political. In McMullen v. United States, the United States Court of Appeals for the Second Circuit considered the... |
1993 |
|
| Peter McKenna |
Constitutional Law-sovereign Immunity-states May Not Impose Civil Penalties on the United States Government for Violations of State Statutes Promulgated under the Authority of the Clean Water Act and the Resource Conservation and Recovery Act-united State |
23 Seton Hall Law Review 762 (1993) |
During the last several decades, Congress has responded to concerns about the deteriorating conditions of the environment by passing major legislation aimed at preventing further harm. Chief among these legislative enactments are: the Clean Air Act (CAA); the Federal Water Pollution Control Act (the Clean Water Act or CWA); the Resource... |
1993 |
|
| Scott Gardner |
Constitutional Law-tenth Amendment-state Sovereignty as a Limit of Congressional Power-the United States Supreme Court Held That a Federal Statute Offering the States an Option Between Two Unconstitutionally Coercive Regulatory Techniques-either Accepting |
31 Duquesne Law Review 877 (Summer, 1993) |
Congress enacted the Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA) in response to an anticipated shortage of low-level radioactive waste sites among the states. The LLRWPAA declared a federal policy of holding each state responsible for providing for the disposal of all low-level radioactive waste generated within its... |
1993 |
|
| Talbot J. Nicholas II |
Eec Measures on the Treatment of National Treasures |
16 Loyola of Los Angeles International and Comparative Law Journal 127 (November, 1993) |
The European Economic Community (EEC) has adopted a regulation on the export of cultural goods and a directive on the return of cultural objects unlawfully removed from the territory of a Member State. The EEC adopted these measures to coordinate EEC law with the national laws of EEC Member States governing the protection of national treasures... |
1993 |
|
| Michael R. Wing |
Extradition Treaties-international Law-the United States Supreme Court Approves Extraterritorial Abduction of Foreign Criminals-united States v. Alvarez-machain, 112 S.ct. 2188 (1992) |
23 Georgia Journal of International and Comparative Law 435 (Summer, 1993) |
On April 2, 1990, bounty hunters posing as Mexican police authorities forcibly kidnapped Dr. Humberto Alvarez-Machain, a physician of Mexican citizenship, from his medical office in Guadalajara. The bounty hunters took Dr. Machain by force to a private plane and flew him to an El Paso, Texas airfield. Upon arrival in the United States, his... |
1993 |
|
| Antony B. Klapper |
Finding a Right in State Constitutions for Community Treatment of the Mentally Ill |
142 University of Pennsylvania Law Review 739 (Fall, 1993) |
Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Introduction I. Institutionalization and Deinstitutionalization: History and Policy A. Civil Commitment Procedures B. Pre-1980s C. 1980s and 1990s II. Community-Based Treatment and the Policy Arguments Favoring It A. The Concept of... |
1993 |
|
| Melvin D. Chan |
Fortino v. Quasar Co.: Invocation of Parents' U.s.-japan Fcn Treaty Rights Gives Japanese-owned U.s. Subsidiaries a Defense Against Title Vii |
6 Transnational Lawyer 653 (Fall, 1993) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 654 II. LEGAL BACKGROUND. 655 A. The U.S.-Japan Treaty of Friendship, Commerce and Navigation. 656 B. Title VII of the Civil Rights Act of 1964. 658 1. Distinction Between National Origin and Citizenship. 659 2. Bona Fide Occupational Qualification Exception. 660 C. Judicial Attempts to Reconcile the of Their... |
1993 |
|
| John Webb |
Genocide Treaty-ethnic Cleansing-substantive and Procedural Hurdles in the Application of the Genocide Convention to Alleged Crimes in the Former Yugoslavia |
23 Georgia Journal of International and Comparative Law 377 (Summer, 1993) |
On Tuesday, October 15, 1991, in a controversial vote, the parliament of the Yugoslav republic of Bosnia-Herzegovina proclaimed their republic a sovereign state and adopted documents to secede from Yugoslavia. In so doing, Bosnia-Herzegovina joined Croatia and Slovenia who declared independence in June of 1991. Fearing political and economic... |
1993 |
|
| Samuel K. Murumba |
Grappling with a Grotian Moment: Sovereignty and the Quest for a Normative World Order |
19 Brooklyn Journal of International Law 829 (1993) |
I. Introduction On the first day of the same French Revolution that Wordsworth captured in his exuberant lines, Bliss was it in that dawn to be alive But to be young was very heaven! legend has it that one Frenchman's diary entry read: Nothing happened here today. The same mixture of enthusiasm and skepticism greeted President Bush's 1991... |
1993 |
|
| Ronald G. Morgan |
Identifying Protected Government Acts under the Sovereign Acts Doctrine: a Question of Acts and Actors |
22 Public Contract Law Journal 223 (Winter, 1993) |
I. Introduction II. Nature of the Doctrine A. Theory of Dual Capacity B. Scenarios under Which the Doctrine Arises C. Purposes of the Doctrine D. Effects of the Doctrine III. Elements of the Doctrine A. Development and Coverage of Elements 1. Articulation of the Elements 2. Centrality of Public and General Application 3. Elements Accorded Varying... |
1993 |
|
| Laura M. Plastine |
In God We Trust: When Parents Refuse Medical Treatment for Their Children Based upon Their Sincere Religious Beliefs |
3 Seton Hall Constitutional Law Journal 123 (Spring, 1993) |
I. INTRODUCTION. 123 II. THE SCOPE OF THE FREE EXERCISE CLAUSE. 125 III. IS SPIRITUAL HEALING A PROTECTED RELIGIOUS ACTIVITY UNDER THE FREE EXERCISE CLAUSE?. 138 A. Court-Ordered Medical Treatment. 141 1. Life-Threatening Afflictions. 141 2. Non Life-Threatening Afflictions. 145 3. Incurable Afflictions. 147 B. Criminal Prosecution of the Parents... |
1993 |
|
| Lance Compa |
International Labor Rights and the Sovereignty Question: Nafta and Guatemala, Two Case Studies |
9 American University Journal of International Law and Policy 117 (Fall, 1993) |
Worker rights advocates in trade unions, human rights groups, and other non-governmental organizations (NGOs) have played an increasingly important role in promoting internationally established fair labor standards as a factor in international trade. Particularly in the United States, recent developments have widened the scope for action on labor... |
1993 |
|
| Carol Weisbrod |
Minorities and Diversities: the "Remarkable Experiment" of the League of Nations |
8 Connecticut Journal of International Law 359 (Spring, 1993) |
The State exists for the sake of Society, not Society for the sake of the State. Woodrow Wilson This paper considers some issues relating to state frameworks intended to permit and encourage large diversities in societal group life. It focuses illustratively on material relating to the period after the First World War, when the League of Nations... |
1993 |
|
| 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 |
|
| 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 |
|
| 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 |
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| 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 |
|
| 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 |
|
| 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 |
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| 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 |
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