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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Washington and Lee Law Review
In Part I, the Article discusses the history of the U.S. Supreme Court’s substantive due process limitations on personal jurisdiction and, in particular, the standards for corporate-activities-based jurisdiction before the Court’s recent cases on that issue. Part II discusses the Court’s failure to provide a convincing theoretical justification for imposing substantive due process limitations on personal jurisdiction. It also discusses the consequences of that failure in three doctrinal areas of personal jurisdiction law, the traditional basis of service on an individual in the forum state, specific jurisdiction and corporate-activities-based jurisdiction. Part III then analyzes in detail the four recent Supreme …
If The Shoe Fits: Rethinking Minimum Contacts And The Fsia Commercial Activity Exception, Jacqueline M. Fitch
If The Shoe Fits: Rethinking Minimum Contacts And The Fsia Commercial Activity Exception, Jacqueline M. Fitch
Washington and Lee Law Review Online
The question explored in this Note is whether, under the direct effect clause of the Foreign Sovereign Immunities Act commercial activities exception, a foreign sovereign must have minimum contacts with the United States in order for a U.S. court to assert personal jurisdiction over the entity. Examining personal jurisdiction over foreign states under the direct effect clause requires exploring the interaction between constitutional law and principles of international law. The minimum contacts analysis highlights the tension between applying constitutional due process protection to a foreign state, while simultaneously asserting jurisdiction over its commercial activities. Denying jurisdiction over a foreign sovereign …
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Scholarly Articles
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights.
This Article engages in the first systematic critique of the claim that federalizing …
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
Scholarly Articles
This Essay contrasts the jurisdictional regime followed in termination of parental rights and other child custody cases with the regime that has dominated recent Supreme Court personal jurisdiction cases. Jurisdiction in child custody cases has long been based upon the connection of the child, not the defendant parent, to the jurisdiction. Recent Supreme Court cases, on the other hand, have focused nearly exclusively on the defendant’s connection to the forum state. This Essay argues that the Supreme Court cases betray a failure of the Court to provide a consistent constitutional justification for the jurisdictional limitations it has imposed. The Essay …
The Girl Next Door: A Comparative Approach To Prostitution Laws And Sex Trafficking Victim Identification Within The Prostitution Industry, Gail M. Deady
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
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.
The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl
The Push To Criminalize Aggression: Something Lost Amid The Gains?, Mark A. Drumbl
Scholarly Articles
The International Criminal Court has jurisdiction over the crime of aggression, but the Rome Statute fails to define the crime. A Special Work- ing Group on the Crime of Aggression, however, has made considerable progress in developing a definition. The consensus that has emerged favors a narrow definition. Three characteristics animate this consensus: (1) that state action is central to the crime; (2) that acts of aggression involve inter- state armed conflict; and (3) that criminal responsibility attaches only to very top political or military leaders. This Article normatively challenges this consensus. I argue that expanding the scope of the …
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Scholarly Articles
Courts have been evaluating the issue of personal jurisdiction based on Internet or "network-mediated" contacts for some time. The U.S. Supreme Court has remained silent on this issue, permitting the federal appeals courts to develop standards for determining when personal jurisdiction based on network-mediated contacts is appropriate. Unfortunately, the circuit approaches - which emphasize a website's "interactivity" and "target audience" - are flawed because they are premised on an outdated view of Internet activity as uncontrollably ubiquitous. This view has led courts to depart from traditional jurisdictional analysis and impose elevated and misguided jurisdictional standards. This Article argues that courts …
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
Washington and Lee Law Review
No abstract provided.
Does The Tax Injunction Act Of 1937 Affect State Court Jurisdiction Over State Tax Challenges Under Section 1983 Of The Civil Rights Act Of 1871?
Washington and Lee Law Review
No abstract provided.
Three Affiliated Tribes Of Fort Berthold Reservation V. Wold Engineering, P.C., Lewis F. Powell Jr.
Three Affiliated Tribes Of Fort Berthold Reservation V. Wold Engineering, P.C., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Washington and Lee Law Review
No abstract provided.
Abstention Under Erisa: Levy V. Lewis
Abstention Under Erisa: Levy V. Lewis
Washington and Lee Law Review
No abstract provided.
Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations
Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations
Washington and Lee Law Review
No abstract provided.
Fairness Or Federalism In The Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. V. Woodson
Washington and Lee Law Review
No abstract provided.
Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.
Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Court Abstention In Diversity Actions Involving Unsettled State Law: Avoiding Constitutional Adjudication And Interference With State Affairs
Washington and Lee Law Review
No abstract provided.
Extension Of Ancillary Jurisdiction To Plaintiffs' Claims Against Nondiverse Third-Party Defendants
Extension Of Ancillary Jurisdiction To Plaintiffs' Claims Against Nondiverse Third-Party Defendants
Washington and Lee Law Review
No abstract provided.
Miller V. Perry: Further Complications In Determining Diversity Jurisdiction
Miller V. Perry: Further Complications In Determining Diversity Jurisdiction
Washington and Lee Law Review
No abstract provided.
Illinois V. City Of Milwaukee, Lewis F. Powell Jr.
Illinois V. City Of Milwaukee, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Aikens V. California, Lewis F. Powell Jr.
Aikens V. California, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan
Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan
Washington and Lee Law Review
No abstract provided.
Case Comments Admiralty Jurisdiction In Tort Actions
Case Comments Admiralty Jurisdiction In Tort Actions
Washington and Lee Law Review
No abstract provided.
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions
Washington and Lee Law Review
No abstract provided.
Conflict Of Laws And Minimum Jurisdictional Contacts
Conflict Of Laws And Minimum Jurisdictional Contacts
Washington and Lee Law Review
No abstract provided.
Res Judicata And Jurisdiction Over The Subject Matter
Res Judicata And Jurisdiction Over The Subject Matter
Washington and Lee Law Review
No abstract provided.
The State Interest Theory Of Constitutional Jurisdiction
The State Interest Theory Of Constitutional Jurisdiction
Washington and Lee Law Review
No abstract provided.
Procedure-Jurisdiction Of State Court Over Foreign Corporation Not "Doing Business" Within State [Compania De Astral, S. A. V. Boston Metals Co., Md. 1954] .
Washington and Lee Law Review
No abstract provided.
Federal Procedure-Appearance Of Federal Question On Face Of Complaint As Necessary To Federal Court Jurisdiction [Skelly Oil Co. V. Phillips Petroleum Co., U. S. Sup. Ct. 1950
Washington and Lee Law Review
No abstract provided.