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Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Journal of Dispute Resolution
The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7
Facing Real Conflicts, Joseph William Singer
Facing Real Conflicts, Joseph William Singer
Cornell International Law Journal
No abstract provided.
More Notes On Methods And Objectives In The Conflict Of Laws, Larry Kramer
More Notes On Methods And Objectives In The Conflict Of Laws, Larry Kramer
Cornell International Law Journal
No abstract provided.
Plotting The Next Revolution In Choice Of Law: A Proposed Approach, Gary J. Simson
Plotting The Next Revolution In Choice Of Law: A Proposed Approach, Gary J. Simson
Cornell International Law Journal
No abstract provided.
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller
Vanderbilt Journal of Transnational Law
This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.
Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …
Maritime Terrorism And Legal Responses, Dean C. Alexander
Maritime Terrorism And Legal Responses, Dean C. Alexander
Denver Journal of International Law & Policy
No abstract provided.
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Vanderbilt Journal of Transnational Law
This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.
Jurisdiction: Burnham V. Superior Court: Adding Confusion To Transient Jurisdiction, Armand Paliotta
Jurisdiction: Burnham V. Superior Court: Adding Confusion To Transient Jurisdiction, Armand Paliotta
Oklahoma Law Review
No abstract provided.
Comptroller And Attorney-General
Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn
Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn
South Carolina Law Review
No abstract provided.
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman
Fordham Law Review
No abstract provided.
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Seattle University Law Review
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …
Environmental Law, Honorable Leon D. Lazer
Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer
Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer
Journal of Dispute Resolution
With the movement toward alternative dispute resolution comes the issue of how much freedom arbitrators will be given before the courts will find the arbitrator's rulings to be beyond their jurisdiction. This Note will provide an understanding of the decision in Cobler v. Stanley, Barber, Southard, Brown & Associates, where the court limited the power of the arbitrator. 2 Further, this Note will explain how Cobler is inconsistent with California case law which suggests that great deference shall be given to the power of arbitrators.
Citizen Suits After Hallstrom: Can A Plaintiff Avoid Dismissal After Failing To Give Sixty Days' Notice?, Robert D. Snook
Citizen Suits After Hallstrom: Can A Plaintiff Avoid Dismissal After Failing To Give Sixty Days' Notice?, Robert D. Snook
Western New England Law Review
No abstract provided.
Jurisdiction Of The County Court