AuthorTitleCitationSummaryYearKey Terms
John D. Gorby, J.D. Viewing the "Draft Guidelines for State Court Decision Making in Authorizing or Withdrawing Life-sustaining Medical Treatment" from the Perspective of Related Areas of Law and Economics: a Critique 7 Issues in Law and Medicine 477 (Spring, 1992) In December 1990, the National Center for State Courts published its Draft Guidelines for State Court Decision Making in Authorizing or Withholding Life-Sustaining Medical Treatment (LSMT). The introduction to the draft guidelines states that the media portrays LSMT cases as moral and ideological conflicts, whereas trial judges must deal with... 1992  
Melanie P. Baise A New Limitation on Indian Tribal Sovereignty: No Criminal Jurisdiction over Nonmember Indians 15 Southern Illinois University Law Journal 623 (Spring, 1991) Disputes concerning the jurisdiction of Indian tribes over persons and activities on tribal lands have been a part of American jurisprudence since early in the nation's history. In the most recent case, Duro v. Reina, the United States Supreme Court considered whether Indian tribes possess the power of criminal jurisdiction over Indians who are not... 1991 Yes
Margaret Wilson Duro v. Reina: the Last Nail in the Coffin for Indian Tribal Sovereignty 1991 Utah Law Review 675 (1991) The United States Supreme Court dealt a serious blow to tribal sovereignty and dignity in Duro v. Reina. In Duro, the Court held that a tribal court may not exercise criminal jurisdiction over Indians who are not members of that tribe. The Duro decision added insult to the injury of Oliphant v. Suquamish Indian Tribe, decided twelve years earlier,... 1991 Yes
Elizabeth Pa Martin Hawaiian Natives Claims of Sovereignty and Self-determination 8 Arizona Journal of International & Comparative Law 273 (1991) Ano Ai Me Kealoha. E na hulu manu like ole. I am Elizabeth Pa Martin, an attorney of Native Hawaiian ancestry and Executive Director of the Native Hawaiian Advisory Council (NHAC). NHAC is a nonprofit corporation pursuing the protection of Hawaiian native rights. NHAC works to hold governments and lawmakers accountable for the proper... 1991 Yes
John C. Mohawk Indian Economic Development: an Evolving Concept of Sovereignty 39 Buffalo Law Review 495 (Spring, 1991) American Indian economic development is a relatively recent area of study. Beginning around 1968, American Indians across the country began protesting what they termed unfair domination by the United States government through its administrative bureaucraciesthe Bureau of Indian Affairs (BIA), the Bureau of Land Management, and a host of smaller,... 1991 Yes
Stacy L. Cook Indian Sovereignty: State Tax Collection on Indian Sales to NonTribal Members - States Have a Right Without a Remedy [Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 111 S. Ct. 905 (1991)] 31 Washburn Law Journal 130 (Fall, 1991) In Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma, the United States Supreme Court clarifies issues concerning the doctrine of Indian tribal sovereignty. The Supreme Court holds that, under the doctrine of tribal sovereignty, a state that has not asserted jurisdiction over Indian lands pursuant to Public Law 280 can... 1991 Yes
Joseph D. Gebhardt Native Hawaiian Land Rights in the Context of the Native Hawaiian Sovereignty Movement 8 Arizona Journal of International & Comparative Law 265 (1991) During the 1980s, I worked on Native Hawaiian legal rights, particularly land rights cases involving the Hawaiian Homes Commission Act and the Hawaiian Admission Act. But rather than tell you war stories, since this is an academic conference, I will discuss Native Hawaiian land rights in the context of the Native Hawaiian sovereignty movement. My... 1991 Yes
Keith Cable Rosebud v. South Dakota: How Does Tribal Sovereignty Affect the Determination of State Jurisdiction on Reservation Highways? 36 South Dakota Law Review 400 (1991) In Rosebud v. South Dakota, the Eighth Circuit helped to reaffirm tribal sovereignty by not allowing South Dakota to assume civil and criminal jurisdiction over the highways running through Indian reservations in the state. This reaffirmation is undermined, however, by the absence of a strict application of Public Law 280. Because of this judicial... 1991 Yes
Robert J. Miller Speaking with Forked Tongues: Indian Treaties, Salmon, and the Endangered Species Act 70 Oregon Law Review 543 (Fall, 1991) Great Nations, like great men, should keep their word. As long as water flows, or grass grows upon the earth, or the sun rises to show your pathway, or you kindle your camp fires, so long shall you be protected by this Government. In the mid-1800s, as white settlers began migrating to the Oregon and Washington territories, Northwest Indian... 1991 Yes
Kevin J. Worthen Sword or Shield: the past and Future Impact of Western Legal Thought on American Indian Sovereignty 104 Harvard Law Review 1372 (April, 1991) [American Indian tribes'] rights to complete sovereignty, as independent nations, were necessarily diminished, and their power to dispose of the soil at their own will, to whomsoever they pleased, was denied by the original fundamental principle that discovery gave exclusive title to those who made it. Chief Justice Marshall's explanation of the... 1991 Yes
Robert Laurence The Abrogation of Indian Treaties by Federal Statutes Protective of the Environment 31 Natural Resources Journal 859 (Fall, 1991) Natural resource exploitation and conservation: these are words of the 1990s. The idea of an oil slick the size of a small state floating near our most pristine coastline was shocking to many Americans, but no more shocking than the idea that we might, for the sake of the environment, have to reduce our consumption of oil. Hard choices lie ahead;... 1991 Yes
Elizabeth A. Harvey The Aftermath of Duro v. Reina: a Congressional Attempt to Reaffirm Tribal Sovereignty Through Criminal Jurisdiction over Nonmember Indians 8 Thomas M. Cooley Law Review 573 (Michaelmas Term 1991) Throughout the history of the United States, congressional policy on Indian affairs has undergone a variety of changes. Change has often been extreme: from a policy of assimilation, to a policy of self-determination. These policies, and the courts' interpretation of them, have had varying effects on tribes' inherent sovereignty. Although current... 1991 Yes
Philip S. Deloria , Nell Jessup Newton The Criminal Jurisdiction of Tribal Courts over Non-member Indians 38 Federal Bar News and Journal 70 (March, 1991) Throughout most of the history of federal Indian law, the United States Supreme Court has expressed extraordinary deference to Congress as the principal policymaker in Indian affairs, while often filling in gaps with imaginative characterizations of congressional intent or relying implicitly on its own power to create federal common law. Judicially... 1991 Yes
Peter Fabish The Decline of Tribal Sovereignty: the Journey from Dicta to Dogma in Duro v. Reina, 110 S.ct. 2053 (1990) 66 Washington Law Review 567 (April, 1991) Abstract: In Duro v. Reina, the Supreme Court held that tribal courts do not have jurisdiction over Indians committing crimes within their territorial jurisdiction, but not belonging to their tribe. This holding is incompatible with judicial precedent as well as contemporary executive and congressional policy. The decision also creates serious... 1991 Yes
Deborah Sussman Steckler A Trend Toward Declining Rigor in Applying Free Exercise Principles: the Example of State Courts' Consideration of Christian Science Treatment for Children 36 New York Law School Law Review 487 (1991) In Walker v. Superior Court and Hermanson v. State, Christian Science parents were prosecuted for failing to provide medical treatment to their ill children. These parents, in sincere exercise of their religious beliefs, instead provided Christian Science prayer-based treatment. After their children died, they were charged with involuntary... 1991  
Brian N. Corrigan, Eileen Cotter Donovan Admission? Yes; Practice? No: New York's Inconsistent Treatment of Nonresident Attorneys 6 Saint John's Journal of Legal Commentary 383 (Spring, 1991) The Journal of Legal Commentary is pleased to present the fourth annual Survey of Professional Responsibility. The Survey discusses current issues relating to ethical conduct in the legal community. The spring 1991 Survey contains two articles. The first article examines the constitutionality of residency requirements placed on the practice of law.... 1991  
Nathaniel Berman, Northeastern University Autonomy, Sovereignty, and Self Determination: the Accommodation of Conflicting Rights. By Hurst Hannum. Philadelphia: University of Pennsylvania Press, 1990. Pp. X, 503. Index. $44.95 85 American Journal of International Law 730 (October, 1991) The publication of Hurst Hannum's survey of the contribution of law to the resolution of group conflict comes at a time of renewed international legal reflection on these issues. Upheavals in the former Eastern bloc have again confronted established state authority with nationalist demands; the invasion of Kuwait has evoked the image of an... 1991  
Louise M. Gleason, Marie I. Goutzounis Clearing the Air of Environmental Sovereign Immunity: Ohio v. United States Department of Energy 6 St. John's Journal of Legal Commentary 287 (Spring, 1991) The hazardous release of pollutants has seriously jeopardized the integrity of the environment. In response to growing public concern, Congress has enacted legislation to curb environmental degradation. Two such enactments, the Water Pollution Prevention and Control Act (Clean Water Act) and the Resource Conservation and Recovery Act (RCRA),... 1991  
James M. Wilton Compelled Hospitalization and Treatment During Pregnancy: Mental Health Statutes as Models for Legislation to Protect Children from Prenatal Drug and Alcohol Exposure 25 Family Law Quarterly 149 (Summer, 1991) For at least 250 years doctors have known that a mother's alcohol use during pregnancy adversely affects children born of that pregnancy. Only recently, however, have doctors identified the pattern of alcohol-related birth defects known as fetal alcohol syndrome (FAS). One recent study has shown that FAS has a worldwide incidence rate of 1.9 cases... 1991  
Bruce J. Winick Competency to Consent to Treatment: the Distinction Between Assent and Objection 28 Houston Law Review 15 (January, 1991) I. INTRODUCTION. 15 II. THE STANDARDS FOR MEASURING COMPETENCY. 21 III. THE DIFFERENCE BETWEEN ASSENT AND OBJECTION. 27 IV. THE THERAPEUTIC VALUE OF PATIENT CHOICE. 46 V. PROCEDURAL DUE PROCESS CONSIDERATIONS. 54 VI. CONCLUSION. 61 The doctrine of informed consent contemplates a physician who discloses relevant information to his patient concerning... 1991  
William L. Leschensky Constitutional Protection of the "Refusal-of-treatment": Cruzan v. Director, Missouri Department of Health, 110 S. Ct. 2841 (1990) 14 Harvard Journal of Law & Public Policy 248 (Winter, 1991) Advances in medical science may enable some individuals to recover from illness or accident and resume productive, meaningful lives. For others, however, technological assistance is not so clearly beneficial. An individual who survives a medical crisis may be left in a profoundly debilitated condition that, until recently, would have resulted in... 1991  
Kenneth S. Weitzman Copyright and Patent Clause of the Constitution: Does Congress Have the Authority to Abrogate State Eleventh Amendment Sovereign Immunity after Pennsylvania v. Union Gas Co.? 2 Seton Hall Constitutional Law Journal 297 (Fall, 1991) I. INTRODUCTION. 298 II. EVOLUTION OF ELEVENTH AMENDMENT JURISPRUDENCE. 301 A. Expansive Interpretation of the Eleventh Amendment. 303 B. Chipping Away at the Breadth of State Immunity. 304 1. Prospective Relief Against State Officials. 305 2. Waiver of Immunity By the State Itself. 307 3. Congressional Abrogation of the Eleventh Amendment. 310 4.... 1991  
S. E. Seicshnaydre Cruzan v. Director, Missouri Department of Health: Discerning the Possibilities and the Limitations of an Incompetent's Exercise of the Right to Refuse Treatment 65 Tulane Law Review 1289 (May, 1991) On the night of January 11, 1983, Nancy Beth Cruzan lost control of her car as she travelled down Elm Road in Jasper County, Missouri. She was later discovered lying face down in a ditch without detectable respiratory or cardiac function. Paramedics restored her breathing and heartbeat and transported her to a hospital. A neurosurgeon diagnosed a... 1991  
Mark F. McElreath Degrading Treatment-from East Africa to Hong Kong: British Violations of Human Rights 22 Columbia Human Rights Law Review 331 (Spring, 1991) The end of World War II found Great Britain in a position unlike any other in its history. Its vast empire was shrinking, and as colonies and territories were liberated from imperial control, British subjects from across the world sought refuge in the United Kingdom (UK). The desire of large numbers of immigrants, mainly people of color, to settle... 1991  
Michael S. Kimm Domestic Employees and Title Vii Versus Foreign Employers and "Fcn" Treaties: a 21st Century Perspective 9 Boston University International Law Journal 95 (Spring, 1991) C1-3TABLE OF CONTENTS L1-2INTRODUCTION 95. I. TITLE VII'S CONGRESSIONAL MANDATES. 98 II. FRIENDSHIP, COMMERCE, AND NAVIGATION TREATIES. 105 III. PRINCIPLES OF TREATY CONSTRUCTION. 110 IV. TITLE VII-FCN TREATY CASES. 113 V. A 21ST CENTURY PERSPECTIVE. 133 L1-2CONCLUSION 146. 1991  
Rashelle Perry Employment Division, Department of Human Resources v. Smith: a Hallucinogenic Treatment of the Free Exercise Clause 17 Journal of Contemporary Law 359 (1991) In 1990, the United States Supreme Court drastically altered the traditional protections afforded religiously motivated conduct under the Free Exercise Clause of the first amendment. The Court, in Employment Division, Department of Human Resources v. Smith (Smith II), held that the Free Exercise Clause did not prohibit applying state drug laws to... 1991  
Kary L. Moss Forced Drug or Alcohol Treatment for Pregnant and Postpartum Women: Part of the Solution or Part of the Problem? 17 New England Journal on Criminal and Civil Confinement Confinement 1 (Winter, 1991) The first task of law and psychiatry is to limit the duty to be treated and to create a right to treatment only for those who wish to exercise it or who after a period of time have come to appreciate it as a right and can benefit from it. For all others the right is a delusion, an unwarranted denial of their constitutional rights and an attempt to... 1991  
Michele D. Sullivan From Warren to Rehnquist: the Growing Conservative Trend in the Supreme Court's Treatment of Children 65 Saint John's Law Review 1139 (Autumn, 1991) Historically, children as individuals have not been afforded the same degree of constitutional protection as adults. The Supreme Court, while acknowledging that the Constitution guarantees certain individual rights to children, has generally not applied stringent standards in determining whether the rights of children have been abridged or denied.... 1991  
James M. Kane International Tax Treaties and State Taxation: Can the Federal Government Speak with One Voice? 10 Virginia Tax Review 765 (Spring, 1991) If the President and the Congress cannot guarantee protection from double taxation to our trading partners abroad, then who can? --Senator Charles Mathias Jr., Hearing before the Committee on Foreign Relations, June 6, 1979. The proliferation of multinational business has brought into sharper focus the role of international tax treaties. In... 1991  
Brenda J. Shirman International Treatment of Child Abduction and the 1980 Hague Convention 15 Suffolk Transnational Law Journal 188 (Fall, 1991) International child abduction by a non-custodial parent is a threat which many divorced or separated parents must face. The custodial parent endures emotional and financial turmoil while searching for the child who has been spirited away to an unknown destination in violation of that custodial parent's custody rights. If the child is found, the... 1991  
Corinne Beckwith Yates Limitations of Sovereign Immunity under the Clean Water Act: Empowering States to Confront Federal Polluters 90 Michigan Law Review 183 (October, 1991) When it comes to polluting the environment, some of the worst offenders are our own Federal facilities, Vice President George Bush said in a 1988 presidential campaign speech. Promoting himself as the environmental president, Bush urged that t he government should live within the laws it imposes on others. Private chemical companies, steel... 1991  
Eric Allen Grasberger Macnamara v. Korean Air Lines: the Best Solution to Foreign Employer Job Discrimination under Fcn Treaty Rights 16 North Carolina Journal of International Law and Commercial Regulation 141 (Winter, 1991) The United States Supreme Court recently denied certiorari to the Third Circuit's decision in MacNamara v. Korean Air Lines allowing foreign employers, pursuant to Friendship, Commerce, and Navigation (FCN) Treaties, intentionally to discriminate against U.S. citizens on the basis of citizenship, but not on the basis of age, race, sex, or... 1991  
Hiram E. Chodosh Neither Treaty Nor Custom: the Emergence of Declarative International Law 26 Texas International Law Journal 87 (Winter, 1991) A. The Shared Problem of Anthropology and International Law B. A Cross-Cultural Definition of Law C. The Two Origins of Law: Customs and Political Declarations D. The Distinction Between Customary and Declarative Law A. The Classical Definition B. The Traditional Definition C. The Emerging Modern Definition 1. Criteria of the Classical Definition... 1991  
Robert A. Friedlander Separating the Powers: Constitutional Principles and the Treaty Process 16 Oklahoma City University Law Review 257 (Summer, 1991) Arthur M. Schlesinger, Jr., that liberal font of historical certitude, in the second chapter of his much-cited book, The Imperial Presidency (much-cited for its title and not for its content), wrote that t he men who framed the Constitution knew their international law. Indeed they did, but because they did, there was no need to debate... 1991  
Johan D. van der Vyver Sovereignty and Human Rights in Constitutional and International Law 5 Emory International Law Review 321 (Fall, 1991) The concept of sovereignty had its origin in constitutional law. More recently, sovereignty, with the notion of the equality of states, has also acquired special significance in international law. Many international lawyers regretted the infiltration of the notion of sovereignty into the confines of their discipline. Lowenfeld, for instance,... 1991  
Joseph William Singer Sovereignty and Property 86 Northwestern University Law Review Rev. 1 (Fall, 1991) Every part of this earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing, and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man. Chief Seattle, Suquamish Nation (1855) The District Court... 1991  
Lyman Johnson Sovereignty over Corporate Stock 16 Delaware Journal of Corporate Law 485 (1991) I. Introduction II. Common Ground III. Disputed Ground A. Degenerate State Law: Two Solutions to the Dilemma of Vulnerable Shareholders 1. The Corporatization of Federal Securities Law 2. The Corporation As Marketplace B. Initial Success for the Marketplace Solution: The Failure of First-Generation Antitakeover Statutes C. Countermoves: Curtailing... 1991  
Anupam Chander Sovereignty, Referenda, and the Entrenchment of a United Kingdom Bill of Rights 101 Yale Law Journal 457 (November, 1991) If a bill of rights were passed in the United Kingdom in 1992, could Parliament pass a Bill of Rights Repeal Act the following year? The principle of parliamentary sovereignty-that Parliament has the right to make or unmake any law whatever -suggests that Parliament would indeed have the power to pass a repeal act and, a fortiori, any lesser act... 1991  
Luis Li State Sovereignty and Nuclear Free Zones 79 California Law Review 1169 (July, 1991) Nuclear free zone ordinances present courts with choices between local and national interests and between judicial and legislative decisionmaking. This Comment argues that courts should not forbid state and local governments from using traditional police powers to ban the manufacture of nuclear weapons and weapons parts within their borders. First,... 1991  
John Altomare Stemming the Flow: the Role of International Environmental Law in Seeking a Solution to the Sewage Treatment Crisis at the Tijuana-san Diego Border Region 21 California Western International Law Journal 361 (1990/1991) Raw sewage spills originating in Tijuana, Baja California, and which flow daily across the Mexican-United States border into neighboring San Diego via the Tijuana River and ocean waters pose a serious international environmental problem. Approximately thirteen million gallons per day (mgd) of Tijuana's untreated sewage drains from city street... 1991  
Terrance A. Kline Suicide, Liberty and Our Imperfect Constitution: an Analysis of the Legitimacy of the Supreme Court's Entanglement in Decisions to Terminate Life-sustaining Medical Treatment 14 Campbell Law Review 69 (Winter, 1991) C1-3TABLE OF CONTENTS I. INTRODUCTION. 70 II. CRUZAN V. DIRECTOR, MISSOURI DEPARTMENT OF HEALTH. 71 III. THE LEGITIMACY OF THE SUPREME COURT'S RECOGNITION OF A RIGHT TO SUICIDE UNDER THE CONSTITUTION. 76 A. The Notion of Rights Under the Constitution. 77 B. Expanding the Constitutional Scheme of Rights With Substantive Due Process. 80 C. Devising a... 1991  
Samuel Jan Brakel, J.D. , John M. Davis, M.D. Taking Harms Seriously: Involuntary Mental Patients and the Right to Refuse Treatment 25 Indiana Law Review 429 (1991) One of the more controversial, if not paradoxical, developments in the continually expanding field known as mental health law has been the establishment in the mid-to-late 1960's of a patient's right to treatment, followed a short decade later by the legal consolidation of its counter pointthe right to refuse treatment. Although legal rights... 1991  
Bernard Roberts The Common Law Sovereignty of Religious Lawfinders and the Free Exercise Clause 101 Yale Law Journal 211 (October, 1991) The ascending theme of contemporary free exercise jurisprudence is that the Free Exercise Clause of the First Amendment imposes no presumptive structural limitations upon the state's authority to regulate religious activity. This theme resounds throughout the opinion of the U.S. Supreme Court in Employment Division, Department of Human Resources v.... 1991  
Gary Minda The Dilemmas of Property and Sovereignty in the Postmodern Era: the Regulatory Takings Problem 62 University of Colorado Law Review 599 (1991) In the last decade there has been an explosion of Supreme Court case law struggling with the question of what makes a regulatory restriction on private property a taking for which just compensation is required by the Constitution. Judges, policy makers and legal scholars have offered various modern approaches to answer this question.... 1991  
Marsha L. Anastasia The Endangered Species Act and State Sovereignty: Defenders of Wildlife v. Lujan 7 Connecticut Journal of International Law 87 (Fall, 1991) The importance of preserving biological diversity throughout the world has come to the forefront of modern wildlife law. The Endangered Species Act marked the beginning of the United States effort to protect species from extinction, whatever the cost. The United States has recognized the need to consider the effects that developmental projects... 1991  
David Zachary Kaufman The Greenhouse Effect: Available and Needed Laws and Treaties 9 UCLA Journal of Environmental Law & Policy 219 (1991) The greenhouse effect is the common name for the physical processes by which energy from the sun penetrates the Earth's atmosphere and is reflected back, but is trapped and cannot escape. These processes raise the Earth's average temperature by approximately sixty degrees Fahrenheit. The most important of the gases that cause this process is carbon... 1991  
Stephen N. Sher The Identical Treatment of Obscene and Indecent Speech: the 1991 Nea Appropriations Act 67 Chicago-Kent Law Review 1107 (1991) I disapprove of what you say, but I will defend to the death your right to say it. De gustibus non est disputandum. Just as there is no use arguing about taste, there is no use litigating about it. As a result of 1980s conservatism, fundamentalist groups have recently sprung up across the country, which advocate a back-to-the church or... 1991  
Perry Dane The Maps of Sovereignty: a Meditation 12 Cardozo Law Review 959 (February/March, 1991) C1-3TABLE OF CONTENTS I. Sovereignty-Talk. 965 A. Sovereignty and Rights. 966 B. Indian Bingo and Church Property. 967 C. More on Sovereignty and Rights. 970 D. Connections. 971 II. The State and Other Legal Orders. 973 A. Of State Exclusivism. 973 1. Logic. 977 2. Experience. 979 3. The Liberal State. 983 4. The Therapeutic State. 985 B. Of John... 1991  
Stephen C. McCaffrey The Restatement's Treatment of Sources and Evidence of International Law 25 International Lawyer 311 (Summer, 1991) The Restatement (Third) of the Foreign Relations Law of the United States is a comprehensive revision of its predecessor, the original Restatement, which the American Law Institute (ALI) published in 1965. The new version is an ambitious undertaking, covering many more subjects, and reflect ing important developments in the intervening decades .... 1991  
Edward J. Imwinkelried The Right to "Plead Out" Issues and Block the Admission of Prejudicial Evidence: the Differential Treatment of Civil Litigants and the Criminal Accused as a Denial of Equal Protection 40 Emory Law Journal 341 (Spring, 1991) The setting is a civil case. The plaintiff, Mrs. Anderson, has filed a wrongful death action against the defendant, Mr. Burton, and seeks punitive damages. Her complaint alleges that on January 1, 1990, the defendant intentionally shot and killed her husband. The complaint avers that the defendant did so maliciously and without justification. The... 1991  
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