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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 …
The United States’ Withdrawal From International Court Of Justice Jurisdiction In Consular Cases: Reasons And Consequences, John Quigley
The United States’ Withdrawal From International Court Of Justice Jurisdiction In Consular Cases: Reasons And Consequences, John Quigley
Duke Journal of Comparative & International Law
No abstract provided.
Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola
Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola
Law and Contemporary Problems
The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the court, …
The Retrogressive Flaw Of Chapter 15 Of The Bankruptcy Code: A Lesson From Maritime Law, John J. Chung
The Retrogressive Flaw Of Chapter 15 Of The Bankruptcy Code: A Lesson From Maritime Law, John J. Chung
Duke Journal of Comparative & International Law
No abstract provided.
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
Duke Law Journal
No abstract provided.
Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie
Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie
Duke Environmental Law & Policy Forum
No abstract provided.
“Indian Country” And The Nature And Scope Of Tribal Self-Government In Alaska, Geoffrey D. Strommer, Stephen D. Osborne
“Indian Country” And The Nature And Scope Of Tribal Self-Government In Alaska, Geoffrey D. Strommer, Stephen D. Osborne
Alaska Law Review
No abstract provided.
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Duke Law Journal
No abstract provided.
John V. Baker And The Jurisdiction Of Tribal Sovereigns Without Territorial Reach, David M. Blurton
John V. Baker And The Jurisdiction Of Tribal Sovereigns Without Territorial Reach, David M. Blurton
Alaska Law Review
No abstract provided.
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
Law and Contemporary Problems
Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
Law and Contemporary Problems
The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Law and Contemporary Problems
Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Law and Contemporary Problems
The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.
Jurisdiction And The Hunt: Subsistence Regulation, Anilca And Totemoff, David G. Shapiro
Jurisdiction And The Hunt: Subsistence Regulation, Anilca And Totemoff, David G. Shapiro
Alaska Law Review
No abstract provided.
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Law and Contemporary Problems
One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.
Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney
Duke Environmental Law & Policy Forum
INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …
Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger
Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger
Law and Contemporary Problems
No abstract provided.
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Law and Contemporary Problems
No abstract provided.
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Law and Contemporary Problems
No abstract provided.
The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer
The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen
Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood
Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood
Law and Contemporary Problems
No abstract provided.
Extraterritorial Subsidiary Jurisdiction
Extraterritorial Subsidiary Jurisdiction
Law and Contemporary Problems
No abstract provided.
Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Law and Contemporary Problems
No abstract provided.
A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner
A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner
Law and Contemporary Problems
No abstract provided.
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
Duke Law Journal
No abstract provided.
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie
Duke Law Journal
Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.