AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
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  
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
Martha Hirschfield Native Claims Settlement Act: Tribal Sovereignty and the Corporate Form 101 Yale Law Journal 1331 (April, 1992) In 1971, Congress passed the Alaska Native Claims Settlement Act (ANCSA), granting the Indians, Eskimos, and Aleuts of Alaska title to over forty million acres of land and awarding them almost one billion dollars for the extinguishment of their claims to Alaska lands. At the time, Natives supported ANCSA as a formal recognition of their... 1992 Yes
Sally Falk Moore Treating Law as Knowledge: Telling Colonial Officers What to Say to Africans about Running "Their Native Courts 26 Law and Society Review 11 (1992) This article is presented at two levels throughout. On the surface it is a straightforward historical analysis of a directive to British officers in charge of African courts in the late colonial period, with some African data adduced to sketch the local context into which the British were trying to insert new procedures and practices. On a deeper... 1992 Yes
Steve E. Dietrich Tribal Businesses and the Uncertain Reach of Tribal Sovereign Immunity: a Statutory Solution 67 Washington Law Review 113 (January, 1992) Abstract: The effect of tribal sovereign immunity on business transactions is difficult to predict, despite the doctrine's often dramatic importance. Unlike the sovereign immunities of state, federal, and foreign governments, the scope of tribal immunity is not defined by statute. Some courts have applied the doctrine in a manner that is contrary... 1992 Yes
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  
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  
Stephen R. Kandall , Wendy Chavkin Illicit Drugs in America: History, Impact on Women and Infants, and Treatment Strategies for Women 43 Hastings Law Journal 615 (March, 1992) The use of illicit drugs has increasingly been recognized as one of the major problems facing our society, even to the point of generating a war on drugs. But while the rhetoric may have a new ring, the war has been fought using varying strategies for more than a century with little success. This Article briefly reviews the American drug... 1992  
Catherine J. Iorns Indigenous Peoples and Self Determination: Challenging State Sovereignty 24 Case Western Reserve Journal of International Law 199 (Spring, 1992) Indigenous peoples and their cultures have been attacked since their discovery and colonization. The treatment of indigenous peoples has been so severe that it has been referred to as genocide and as a holocaust. While the particular histories of different indigenous peoples differ, they have in common a history of conquest by another group... 1992  
Lyman Johnson Individual and Collective Sovereignty in the Corporate Enterprise 92 Columbia Law Review 2215 (December, 1992) [I]t is not only outside of contractual relations, it is in the play of these relations themselves that social action makes itself felt. For everything in the contract is not contractual. [E]very obligation which has not been mutually consented to has nothing contractual about it. But wherever a contract exists, it is submitted to regulation which... 1992  
  Jurisdiction: Sovereign Immunity in Federal Interpleader Actions 17 American Indian Law Review 667 (1992) Indian Country U.S.A. (ICUSA) entered into an agreement with the Muscogee (Creek) Nation (the Nation) to manage the Nation's bingo hall in Tulsa. The Nation perceived a breach of the agreement and obtained a temporary restraining order (TRO) from the Nation's tribal court. The TRO ousted ICUSA from the bingo hall and restrained the Bank of Oklahoma... 1992  
Henry Michael Perlowski Morgan Guaranty Trust Co. v. Republic of Palau: the Second Circuit Aborts a Nation by Preferring Ceremonialism to Actual Exercises of Sovereign Capacity 17 North Carolina Journal of International Law and Commercial Regulation 311 (Spring, 1992) Under the Foreign Sovereign Immunities Act (FSIA), federal and state courts determine the jurisdiction of foreign entities by analyzing standards developed in international law. Since federal district courts have original jurisdiction over any civil action involving a foreign state, the central question for jurisdictional purposes is whether a... 1992  
Jon Ebersole , Reporter National Sovereignty Revisited: Perspectives on the Emerging Norm of Democracy in International Law 86 American Society of International Law Proceedings 249 (April 1-4, 1992) Friday, April 3: Morning The panel was convened by Laura Bocalandro in the absence of its Chair, Virginia Leary, at 8:30 a.m., April 3, 1992. By Gregory H. Fox The end of the Cold War has brought us many things, not the least of which is an increasing number of states that choose their leaders in free and open elections. According to the Human... 1992  
Sidney A. Patchett Nelson v. Saudi Arabia: an Unrestricted Reading of the Restrictive Doctrine of Foreign Sovereign Immunity 23 University of Miami Inter-American Law Review 541 (Winter, 1991/1992) I. INTRODUCTION. 541 II. THE COMMERCIAL ACTIVITIES EXCEPTION IN HISTORICAL PERSPECTIVE. 543 A. The Absolute Doctrine of Immunity. 544 B. The Restrictive Doctrine of Immunity. 547 C. From the Tate Letter to the Foreign Sovereign Immunities Act. 549 D. The Foreign Sovereign Immunities Act. 550 III. NELSON v. SAUDI ARABIA: THE COURT'S TREATMENT. 551... 1992  
Mark Gerald Essey Pennsylvania and the Right to Refuse or Terminate Medical Treatment 2 Widener Journal of Public Law 81 (1992) Without natural death, human societies and the human race itself would certainly be unable to thrive. Perhaps when we realize this we may come to realize at the same time that there is a point in the degeneration of our bodies when life loses its value and we may then be prepared voluntarily to leave the scene to our successors. [W]ith the advance... 1992  
Daniel A. Braun Praying to False Sovereigns: the Rule Permitting Successive Prosecutions in the Age of Cooperative Federalism 20 American Journal of Criminal Law L. 1 (Fall, 1992) C1-3Table of Contents I. Introduction. 2 A. The Rule Permitting Successive Prosecutions and its Increasing Importance. 2 B. Survival of the Unfit: Dual Sovereignty in the Age of Cooperative Federalism. 7 C. Praying to False Sovereigns: An Argument for Different Questions and Better Answers. 9 II. The Rule and Rationale of Bartkus and Abbate: Review... 1992  
Rodney R. McColloch Protocol on Environmental Protection to the Antarctic Treaty-the Antarctic Treaty-antarctic Minerals Convention-wellington Convention-convention on the Regulation of Antarctic Mineral Resource Activities 22 Georgia Journal of International and Comparative Law 211 (1992) On October 4, 1991, the United States, along with twenty-four other nations, signed the Protocol on Environmental Protection to the Antarctic Treaty. This international agreement establishes a minimum 50-year ban on the exploitation of Antarctica's oil and mineral resources. Environmental groups and governments have hailed this agreement,... 1992  
Harold J. Krent Reconceptualizing Sovereign Immunity 45 Vanderbilt Law Review 1529 (November, 1992) I. Introduction. 1529 II. Structural Predicate of Sovereign Immunity. 1534 III. Waivers of Immunity in Tort. 1541 A. Discretionary Function Exception. 1545 B. Misrepresentation Exception. 1551 C. Bivens Claims. 1555 D. Immunity for Government Employees. 1558 IV. Waivers of Immunity in Contract. 1560 A. Liability of Executive Branch for Breach of... 1992  
Ellen Wright Clayton Screening and Treatment of Newborns 29 Houston Law Review 85 (Spring, 1992) I. Introduction. 86 II. Interdisciplinary Method in Law and Medicine. 88 III. What Is Newborn Screening?. 95 IV. The Players And The Stakes. 100 A. The Children. 100 1. Treatment of newborns and limitations of screening. 100 2. Legal implications of screening for children. 106 B. The Parents. 109 1. How parents respond to screening. 109 2. The... 1992  
Steven J. Lewengrub Seventh Circuit Allows American Subsidiary to Avoid Title Vii Liability by Asserting Fcn Treaty Rights of Japanese Parent-american Employees Treated as Second Class Citizens-court Cites Reciprocal Benefits for American Firms Operating Abroad-fortino v. Qu 22 Georgia Journal of International and Comparative Law 527 (1992) In May of 1986, Matsushita Electric Industrial Company, Ltd. (MEI) reorganized Quasar Company (Quasar), a division of its wholly-owned American subsidiary, Matsushita Electric Corporation of America (Matsushita). As a result of the reorganization plan, Quasar terminated many of its American managerial employees, including John Fortino, Carl Meyers,... 1992  
John H. Jackson Status of Treaties in Domestic Legal Systems: a Policy Analysis 86 American Journal of International Law 310 (April, 1992) The degree to which an international treaty is directly applied or self-executing in a national (municipal) legal system, i.e., to what extent the treaty norms are treated directly as norms of domestic law (statutelike law) without a further act of transformation, has been debated in an extensive literature for more than a century. This... 1992  
Joan E. Donoghue Taking the "Sovereign" out of the Foreign Sovereign Immunities Act: a Functional Approach to the Commercial Activity Exception 17 Yale Journal of International Law 489 (Summer, 1992) I. Introduction II. From The Schooner Exchange to the FSIA: Nineteenth-Century Theory and Twentieth-Century Law III. Application of the FSIA's Commercial Activity Exception A. The Private Person Test 1. Identification of the Relevant Activity 2. Can a Private Person Engage in the Activity? B. The Sovereignty Approach C. Consideration of Purpose IV.... 1992  
Peter C. Guthery Tax Treatment of Governmental Units and Statutorily Created Entities 21 Colorado Lawyer 479 (March, 1992) In an era of budget deficits and general contraction of government services, governmental units are turning increasingly to the private sector for assistance in performing or funding many of the functions that previously were viewed as being within the province of government. As a result, many private sector entitiesthrough contracts, enabling... 1992  
William M. Welch The Antarctic Treaty System: Is it Adequate to Regulate or Eliminate the Environmental Exploitation of the Globe's Last Wilderness? 14 Houston Journal of International Law 597 (Spring, 1992) I. Introduction. 599 II. Geophysical Characteristics and Environmental Concerns. 602 A. Physical Characteristics. 603 B. Minerals Potential. 605 C. Potential Environmental Damage. 608 III. Historical Perspective and General Operation of the ATS. 611 A. Early History/Exploration. 611 B. Territorial Claims. 613 1. Claimant States. 614 2.... 1992  
Sanford Levinson The Audience for Constitutional Meta-theory (Or, Why, and to Whom, Do I Write the Things I Do?) 63 University of Colorado Law Review 389 (1992) I am extremely grateful for the opportunity to participate in this conference on Constitutional Theory and the Practice of Judging, a title with multiple implications. One, certainly, is the extent to which judges, in the practice of judging, do (or ought to) draw on explicit theoretical approaches toward constitutional interpretation. That is... 1992  
Peter Margulies The Cognitive Politics of Professional Conflict: Law Reform, Mental Health Treatment Technology, and Citizen Self-governance 5 Harvard Journal of Law & Technology 25 (Spring, 1992) Professionals who are busy fighting a previous war fail to revise their roles to accommodate current experience. This tendency is most pronounced when yesterday's foe is another professional group. One current health issuethe availability of a new anti-schizophrenia medication, clozapineprovides a case study of how obsolete professional roles... 1992  
Michael F. Miley The Csce Process and the Question of Sovereignty 19 Southern University Law Review 93 (Spring, 1992) The idea of sovereignty of an individual state is at the core of the existence of the nation states of the world community. The CSCE Process, which is outlined by a series of documents, has thus far three primary documentsThe Final Act of Helsinki of the Conference on Security and Co-Operation in Europe (CSCE) dated August 1, 1975, The Document of... 1992  
  Treaties: Interpretation of Reservation Boundaries 17 American Indian Law Review 671 (1992) This case arose out of a magistrate's effort to allocate fishing rights in the waters of Bellingham Bay in the state of Washington. At issue was the location of the eastern boundary of the Lummi reservation which was created under the 1855 Treaty of Point Elliott. The state relied on language in an Executive Order of 1873 which defined the eastern... 1992  
Carlos Manuel Vazquez Treaty-based Rights and Remedies of Individuals 92 Columbia Law Review 1082 (June, 1992) Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the supreme Law of the... 1992  
Deborah D. Herrera Unincorporated and Exploited: Differential Treatment for Trust Territory Claimants -- Why Doesn't the Constitution Follow the Flag? 2 Seton Hall Constitutional Law Journal 593 (Spring, 1992) I. INTRODUCTION II. THE FIRST CENTURY FOLLOWING THE RATIFICATION OF THE BILL OF RIGHTS III. THE INSULAR CASES IV. EXPANDING THE CONSTITUTION'S REACH: REID v. COVERT V. THE CONSTITUTION IN MICRONESIA VI. A NEW APPROACH VII. CONCLUSION In the late nineteenth century, the judiciary had to decide whether the Constitution follows the flag. That is,... 1992  
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