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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
University of Richmond Law Review
Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …
Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis
Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis
Golden Gate University Law Review
The purpose of this article is to provide a survey of the international law instruments presently in existence to combat trafficking of women for forced prostitution. This article will develop suggestions for more effective implementation of existing international obligations. Specifically, this article proposes extraterritorial jurisdiction as an opportunity for international cooperation.
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Criminal Procedure - Parretti V. United States, Nedia L. Desouza
Golden Gate University Law Review
In Parretti v. United States, the United States Court of Appeals for the Ninth Circuit, sitting en banc, addressed two constitutional claims: (1) whether Giancarlo Parretti's arrest pursuant to an Extradition Treaty with France violated the Fourth Amendment; and (2) whether his detention without bail prior to the French government's request for his extradition violated the Due Process Clause of the Fifth Amendment. The en banc court refused to address these issues, however, claiming that since Parretti fled the United States while his appeal was pending, he was a fugitive from justice. The en banc court therefore dismissed his appeal …
Federal Jurisdiction, Susan H. Handelman
Federal Jurisdiction, Susan H. Handelman
Golden Gate University Law Review
No abstract provided.
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Golden Gate University Law Review
No abstract provided.
Constitutional Law, James Gaspich, Blaise Curet
Constitutional Law, James Gaspich, Blaise Curet
Golden Gate University Law Review
No abstract provided.
Indian Law, Mark R. Peterson, May Lee Tong
Indian Law, Mark R. Peterson, May Lee Tong
Golden Gate University Law Review
No abstract provided.
Federal Practice & Procedure, Tom C. Clark, Susan A. Bush
Federal Practice & Procedure, Tom C. Clark, Susan A. Bush
Golden Gate University Law Review
No abstract provided.
Extraterritorial Application Of The Antitrust Laws And Retaliatory Legislation By Foreign Countries, Donald J. Curotto
Extraterritorial Application Of The Antitrust Laws And Retaliatory Legislation By Foreign Countries, Donald J. Curotto
Golden Gate University Law Review
This Comment will review the United States approach to subject matter jurisdiction determinations in foreign antitrust suits, articulate the provisions of the retaliatory legislation, and finally, evaluate the impact of such legislation on United States antitrust enforcement.
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
Annual Survey of International & Comparative Law
This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …
Enforcement Of International Human Rights By Domestic Courts In The United States, M. Shah Alam
Enforcement Of International Human Rights By Domestic Courts In The United States, M. Shah Alam
Annual Survey of International & Comparative Law
The U.S. Constitution, Article VI provides that " ... all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." On the other hand, the U.S. Supreme Court has ruled that customary international law is "part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly …
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Golden Gate University Law Review
No abstract provided.
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
More Than Just Territorial: The 8th Circuit Establishment A Resourceful Precedent In Claiming Jurisdiction Over Denials To Compel Arbitration, Ashley Marshall
Journal of Dispute Resolution
This note argues that the Eighth Circuit's decision to claim jurisdiction in Industrial Wire Products, Inc. v. Costco Wholesale Corp. was practical and resourceful, as that court is better suited to decide matters of contract interpretation. The highly specialized Federal Circuit should devote its time and expertise to governing cases in particular areas of law, like patent litigation and administrative law. This note further argues that the Eighth Circuit preserved judicial resources and adhered to the parties' intentions in holding that the patent infringement claims were required to proceed through arbitration.
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Federal Communications Law Journal
As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as "discriminatory and arbitrary." In that Order, the FCC required that Comcast (1) adopt new practices that complied with …
Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth
Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth
University of Richmond Law Review
No abstract provided.
Piedmont Environmental Council V. Federal Energy Regulatory Commission, Christopher Brown
Piedmont Environmental Council V. Federal Energy Regulatory Commission, Christopher Brown
South Carolina Law Review
No abstract provided.
Caci Premier Technology, Inc. V. Rhodes, Ian Duggan
Caci Premier Technology, Inc. V. Rhodes, Ian Duggan
South Carolina Law Review
No abstract provided.
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
George & Co., Llc V. Imagination Entertainment Ltd., Steven K. Hardy
South Carolina Law Review
No abstract provided.
A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks
A Sense Of Duty: The Illusory Criminal Jurisdiction Of The U.S./Iraq Status Of Forces Agreement, Chris Jenks
San Diego International Law Journal
This Article will examine the Iraq SOFA’s use of duty status as a basis for determining which State has primary jurisdiction over U.S. service members for alleged criminal misconduct in Iraq. In the third section, the Article will briefly explain what a SOFA is, and how and why they are used, focusing on the North Atlantic Treaty Organization (NATO) SOFA. This section will also utilize examples of U.S. service member misconduct, both associated with and detached from official duty, to illustrate the application of an acts-based SOFA jurisdiction article. The fourth section turns to the Iraq SOFA’s status-based jurisdiction article, …
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Washington and Lee Law Review
No abstract provided.
Where Forum Non Conveniens And Preemptive Jurisdiction Collide: An Analytical Look At Latin American Preemptive Jurisdiction Laws In The United States, Jennifer L. Woulfe
Where Forum Non Conveniens And Preemptive Jurisdiction Collide: An Analytical Look At Latin American Preemptive Jurisdiction Laws In The United States, Jennifer L. Woulfe
Saint Louis University Public Law Review
No abstract provided.
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina
American Indian Law Review
This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the tribes' ability …
Thin Ice, Shifting Geopolitics: The Legal Implications Of Arctic Ice Melt, Tessa Mendez
Thin Ice, Shifting Geopolitics: The Legal Implications Of Arctic Ice Melt, Tessa Mendez
Denver Journal of International Law & Policy
No abstract provided.
Armed Injustice: Abuse Of The Law And Complex Crime In Post-Soviet Russia, Thomas Firestone
Armed Injustice: Abuse Of The Law And Complex Crime In Post-Soviet Russia, Thomas Firestone
Denver Journal of International Law & Policy
No abstract provided.
Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane
Pollock, Macomber, And The Role Of The Federal Courts In The Development Of The Income Tax In The United States, Charlotte Crane
Law and Contemporary Problems
Crane notes that the federal income tax is much more a lawyer's tax than either the income taxes of other jurisdictions or the several nonincome federal taxes. She locates the source of the legalistic nature of the tax in the Supreme Court's 1895 opinion in Pollock v. Farmers' Loan & Trust Co., invalidating the income tax of 1894 as a constitutionally impermissible unapportioned direct tax. She describes how the ghost of Pollock hovered over the income tax for decades after its reintroduction in 1913, inspiring Eisner v. Macomber and other judicial explorations of the constitutional meaning of income. Moreover, she …
In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg
In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg
University of Colorado Law Review
International relations theory suggests some new ways of thinking about the conflict between states and tribes over jurisdiction in Indian country. Realists portray the struggle as a clash of self-interested political actors, with the most powerful prevailing. Norms-driven theory suggests that perceptions of which legal system satisfies widely accepted standards for fair and effective justice will determine which entity is allowed jurisdiction. Since norms-driven analysis seems more prevalent in Supreme Court decisions, this Article pursues its implications for tribal-state jurisdictional conflicts, finding that federal courts and other decisionmakers seem to favor state over tribal jurisdiction because state jurisdiction is perceived …
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
American University International Law Review
No abstract provided.
New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein
New York: The Next Mecca For Judgment Creditors? An Analysis Of Koehler V. Bank Of Bermuda Ltd., Damien H. Weinstein
Fordham Law Review
New York may have just become a great place to be a judgment creditor. In the summer of 2009, the Court of Appeals of New York handed down its decision in Koehler v. Bank of Bermuda Ltd. In Koehler, the court upheld a turnover order directing a garnishee to transfer a nonresident judgment debtor’s assets, deposited in a Bermuda bank, into New York. Under Koehler, assets anywhere in the world may now be garnishable in New York so long as the garnishee is subject to the state’s jurisdiction. This decision greatly broadens New York courts’ power to enforce judgments by …
Untangling The Jurisdictional Web: Determining Indian Child Welfare Jurisdiction In The State Of Wisconsin, Dennis Puzz Jr.
Untangling The Jurisdictional Web: Determining Indian Child Welfare Jurisdiction In The State Of Wisconsin, Dennis Puzz Jr.
William Mitchell Law Review
No abstract provided.
The Plains Commerce Bank Decision And Its Further Narrowing Of The Montana Exceptions As Applied To Tribal Court Jurisdiction Over Non-Member Defendants, Paul A. Banker, Christopher Grgurich
The Plains Commerce Bank Decision And Its Further Narrowing Of The Montana Exceptions As Applied To Tribal Court Jurisdiction Over Non-Member Defendants, Paul A. Banker, Christopher Grgurich
William Mitchell Law Review
No abstract provided.