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Articles 1 - 2 of 2
Full-Text Articles in Law
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Law Faculty Scholarly Articles
A state of the Union may preserve its immunity from suit in its own courts, and the Constitution restricts its amenability to suit in the federal courts. Yet in Nevada v. Hall the Supreme Court held that in a motor-vehicle accident case a state cannot claim a constitutional immunity from suit in the courts of a sister state. The Court indicated, however, that if a suit involved a defendant state's “capacity to fulfill its own sovereign responsibilities,” different constitutional considerations might control. In vigorous dissents Justices Blackmun and Rehnquist argued that the reasoning of the majority precluded even this possibility. …
Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness
Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness
Law Faculty Scholarly Articles
The linkage between the peaceful uses of nuclear energy and weapons development is a complex one; therefore, this article presents both sensitive nuclear technology and the nature of nuclear proliferation in some detail before proceeding to a critique of the current American policy. Accordingly, Part II describes causes of proliferation, uranium enrichment and fuel reprocessing technology, and nuclear proliferation pathways. Part III examines the international safeguards regime, including the Nuclear Non-Proliferation Treaty and the Nuclear Suppliers’ Guidelines. Part IV summarizes the statutory basis for the current U.S. policy, the Nuclear Non-Proliferation Act of 1978, while Part V evaluates this policy …