Digital Commons Network^™

Re Coca-Cola Bottling Ltd And Retail, Wholesale And Department Store Union, Local 1065 (Colpitts), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties dated July 3, 1997, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 9:03(d), in that the Employer denied the Grievor Long-Term Disability benefits. The Grievance requested "full redress".

Another Look At European Internet Law, Alain Gardrat

Media Law and Policy

No abstract provided.

The Universality Principle And War Crimes, Yoram Dinstein

International Law Studies

No abstract provided.

The Development Of International Law With Respect To The Law Enforcement Roles Of Navies And Coast Guards In Peacetime, Ivan Shearer

International Law Studies

No abstract provided.

Transnational Insolvency Dilemma: Congress Should Emphasize Comity Of Nations, James Garrett Van Osdell

South Carolina Law Review

No abstract provided.

Personal Jurisdiction In Cyberspace: Something More Is Required On The Electronic Stream Of Commerce, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Section 332 Of The Communications Act Of 1934: A Federal Regulatory Framework That Is "Hog Tight, Horse High, And Bull Strong", Leonard J. Kennedy, Heather A. Purcell

Federal Communications Law Journal

In 1993, recognizing that state and local regulatory practices were harmful to the development of widespread low-cost commercial and personal mobile radio services, the U.S. Congress passed, and President Clinton signed, legislation that freed wireless carriers from a dual federal-state regulatory structure. As a result, sections 332 and 2(b) of the Communications Act were revised to endow the FCC with exclusive jurisdiction over wireless regulation. Unfortunately, some courts and regulators have concluded that Congress did not intend to grant the FCC exclusive authority over wireless communications. Such rulings could be attributed to a misguided focus on traditional preemption analysis rather …

Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley

Federal Communications Law Journal

Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …

Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman

Indiana Journal of Global Legal Studies

No abstract provided.

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.

Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly

Federal Communications Law Journal

The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller

Vanderbilt Journal of Transnational Law

Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.

To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …

Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley

Louisiana Law Review

No abstract provided.

Jurisdiction And Evidence - An English Perspective, Steven Loble

ILSA Journal of International & Comparative Law

The countries of Europe have entered into multilateral treaties to facilitate doing business in Europe. These treaties cover jurisdiction, enforcement of foreign judgments and choice of law. The individual states in the United States have analogous arrangements to facilitate doing business within the United States.

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port

Marquette Intellectual Property Law Review

Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …

The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes, Bari B. Brandes

Touro Law Review

No abstract provided.

The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson

Articles by Maurer Faculty

In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …

Prosecutorial Readiness, Speedy Trial And The Absent Defendant: Has New York's 25 Year Dilemma Finally Been Resolved, Abraham Abramovsky, Jonathan I. Edelstein

Touro Law Review

No abstract provided.

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Statutory Interpretation Of Federal Jurisdictional Statutes: Jurisdiction Of The Private Right Of Action Under The Tcpa, Fabian D. Gonell

Fordham Law Review

No abstract provided.

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Forum Shopping For Arbitration Decisions: Federal Courts' Use Of Antisuit Injunctions Against State Courts, Jean R. Sternlight

Scholarly Works

Arbitration clauses, which are supposed to do away with litigation, have ironically spawned many complicated and expensive court fights. Some of the most complex cases involve both forum shopping by the parties and jurisdictional turf battles between federal and state courts. Federal courts have, on quite a few occasions, actually gone so far as to enjoin a state court from continuing to consider a pending case because the federal court concluded that the matter ought to be arbitrated. The Supreme Court, however, has never ruled on whether or when such "arbitral antisuit injunctions" are permissible. In Moses H. Cone Memorial …

Cases

American Indian Law Review

No abstract provided.

Unexpected Gifts Of Chapter 11: The Breach Of A Director's Duty Of Loyalty Following Plan Confirmation And The Postconfirmation Jurisdiction Of Bankruptcy Courts, Daniel Bogart

Daniel B. Bogart

This article addresses the intersection of two aspects of chapter 11 jurisprudence: the fiduciary duties of directors and officers of the debtor and the post confirmation jurisdiction of bankruptcy courts. The article suggests that the normal application of fiduciary duties to confirmed debtors creates particular opportunities for directors and officers to act in a disloyal manner. The article examines two cases in particular. These include Bernstein v. Donaldson (In re Insulfoams, Inc.) and Cumberland Farms, Inc. v. Hasenotes (In re Cumberland Farms, Inc.) Traditionally, courts and commentators suggest that normal state fiduciary standards govern directors post confirmation. The article argues, …

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …