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Articles 1 - 30 of 40
Full-Text Articles in Entire DC Network
Ford V. Where Are We?: The Revival Of The Sliding Scale To Govern The Supreme Court's New "Relating To" Personal Jurisdiction, Zois Manaris
Ford V. Where Are We?: The Revival Of The Sliding Scale To Govern The Supreme Court's New "Relating To" Personal Jurisdiction, Zois Manaris
William & Mary Law Review
This Note proposes a test to govern “relating to” specific jurisdiction, a variation on a theme to those familiar with the doctrine: a “sliding scale” approach to contacts and relatedness, accompanied by a separate assessment of reasonableness factors the Supreme Court has outlined in previous cases to serve as a check on the sliding scale. Part I of this Note explains the “sliding scale” approach, its unpleasant first interaction with the Court, and its revival by the Ford majority. Part II defines this Note’s proposed test and demonstrates its consistency with Supreme Court precedent. Finally, Part III applies this Note’s …
Slow And Steady Saves The Whales: Preventing Vessel Strikes On Whales In The Santa Barbara Channel, Anthony Cusato
Slow And Steady Saves The Whales: Preventing Vessel Strikes On Whales In The Santa Barbara Channel, Anthony Cusato
William & Mary Environmental Law and Policy Review
“While in the life the great whale’s body may have been a real terror to his foes, in his death his ghost becomes a powerless panic to a world.” In the past, whales and humans (in boats) fought on the high seas. The humans fought for precious whale oil while the whales fought for their rights not to be murdered and turned into oil. While those days are mostly long gone, whales still face a serious threat of harm from humans in the form of vessel strikes, which is when a whale is struck by a vessel. Vessel strikes are …
Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey
Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey
William & Mary Law Review
Over the last century, humans have warmed the planet by approximately 1.0°C. Pennsylvania’s average temperature has risen 1.8°F in the last hundred years, and climate scientists predict it will warm an additional 5.4°F by 2050. These rising temperatures create feedback loops, leading to warming that will eventually become irreversible. Warmer temperatures have already led to melting ice caps, rising sea levels, dangerous weather patterns, and food shortages. Human-produced greenhouse gases (GHG) are the largest contributing factor to this warming. The scientific community largely agrees that if humans do not reach carbon neutrality by 2050, damage to the climate will be …
Pereira's Aftershocks, Lonny Hoffman
Pereira's Aftershocks, Lonny Hoffman
William & Mary Law Review
At the end of the 2017 term, the Supreme Court decided not to stop time. Nonpermanent residents who have been placed in removal proceedings may apply for a discretionary form of relief from the Attorney General known as “cancellation of removal.” To be eligible, an applicant must show (in addition to meeting other requirements) that she has been in the United States for at least ten consecutive years. The period of continuous physical presence is interrupted when the government serves the noncitizen with a notice to appear at a removal hearing. However, in Pereira v. Sessions, the Court held that …
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska
William & Mary Bill of Rights Journal
You, too, can sue Donald Trump under the Emoluments Clause!
Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.
Most commentators quickly threw cold water on the prospect of any plaintiff …
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine, Scott Jacobson
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine, Scott Jacobson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley
The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley
William & Mary Law Review
Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in the nature and meaning of jurisdiction. Historically, federal courts generally treated procedural requirements, like filing deadlines and exhaustion prerequisites, as presumptively “jurisdictional.” In case after case, the modern Court has reversed course. The result has been an unobtrusive but seminal redefinition of what jurisdiction means to begin with: the adjudicatory authority of the federal courts. This shift is momentous, but it has been obscured by the Court’s erstwhile imposition of a clear statement requirement. For courts to find a statutory requirement jurisdictional, Congress …
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
William & Mary Law Review
Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.
Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
William & Mary Law Review
No abstract provided.
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
William & Mary Law Review
Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
William & Mary Bill of Rights Journal
No abstract provided.
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
William & Mary Environmental Law and Policy Review
No abstract provided.
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
William & Mary Law Review
No abstract provided.
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
On The Nature Of Federal Bankruptcy Jurisdiction: A General Statutory And Constitutional Theory, Ralph Brubaker
William & Mary Law Review
No abstract provided.
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
William & Mary Bill of Rights Journal
The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
William & Mary Law Review
No abstract provided.
Defensively Invoking Treaties In American Courts - Jurisdictional Challenges Under The U.N. Drug Traficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Defensively Invoking Treaties In American Courts - Jurisdictional Challenges Under The U.N. Drug Traficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
William & Mary Law Review
No abstract provided.
A Constitutional Charge And A Comparative Vision To Substantially Expand And Subject Matter Specialize The Federal Judiciary: A Preliminary Blueprint For Remodeling Our National Houses Of Justice And Establishing A Separate System Of Federal Criminal Courts, Victor Williams
William & Mary Law Review
No abstract provided.
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
William & Mary Law Review
No abstract provided.
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens
William & Mary Law Review
No abstract provided.
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
William & Mary Law Review
No abstract provided.
The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover
The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover
William & Mary Law Review
No abstract provided.
State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran
State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran
William & Mary Law Review
No abstract provided.
State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert
State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert
William & Mary Law Review
No abstract provided.
The State Courts And Federal Constitutional Litigation, Paul M. Bator
The State Courts And Federal Constitutional Litigation, Paul M. Bator
William & Mary Law Review
No abstract provided.
Toward Procedural Parity In Constitutional Litigation, Burt Neuborne
Toward Procedural Parity In Constitutional Litigation, Burt Neuborne
William & Mary Law Review
No abstract provided.
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
William & Mary Law Review
No abstract provided.
Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor
Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor
William & Mary Law Review
No abstract provided.