Digital Commons Network^™

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.

Picking Fights In Missouri: Baldwin's Non-Rule Embraces The Minority Approach To Internet Libel Jurisdiction, Allison Marie Isaak

Missouri Law Review

The competing standards of Internet libel jurisdiction reflect the tensions between the forum state's interest in providing convenient recovery for its injured residents and the defendant's constitutional right to foresee where he might be subject to jurisdiction. In an effort to pursue these two goals as well as integrate modem Internet-related concerns, lower courts have derived numerous divergent tests for Internet libel jurisdiction, leaving the issue in a state of disorder and ambiguity. To analyze this problem, this Note will first survey the historical background of traditional personal jurisdiction principles, with particular emphasis on the U.S. Supreme Court's Calder "effects" …

Distribution Of Marital Assets In Community Property Jurisdictions: Equitable Doesn't Equal Equal, James R. Ratner

Louisiana Law Review

No abstract provided.

How Community Property Jurisdictions Can Avoid Being Lost In Cyberspace, Sally Brown Richardson

Louisiana Law Review

No abstract provided.

Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos

UNLV Gaming Law Journal

In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

Prosecuting The Crime Of Aggression In The International Criminal Court, Johan D. Van Der Vyver

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

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.

'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

Oklahoma Law Review

No abstract provided.

Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee

Barry Law Review

This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.

Holding Multinational Corporations Accountable? Achilles' Heels In Alien Tort Claims Act Litigation, Douglas M. Branson

Santa Clara Journal of International Law

For over 30 years, human rights, environmental and other plaintiffs’ attorneys have hailed foreign nationals and, in the last 15-20 years, multinational corporations, into U.S. District Courts to answer ATS claims against them, for torts wherever they have occurred, often in remote corners of the world. In cases such as Unocal, Royal Dutch and Blackwater, to name a few, attorneys have procured large settlements. With those multinationals as defendants and with larger settlements, however, have come more sophisticated and better equipped defense lawyers who have raised ancillary and adjective issues that have not been raised before, or at least inquired …

Internet Contracting And E-Commerce Disputes: International And U. S. Personal Jurisdiction , Anne Mccafferty

Global Business Law Review

In cases involving international defendants, a variety of bases have been deemed appropriate for a U.S. court to assert personal jurisdiction, including nationality, domicile, “purposeful availment,” and a number of federal statutes. With the explosion of the Internet and the resulting expansion of international business transactions via the Web, courts have struggled to adapt traditional modes of adjudication consistent with established common, statutory and international law. Internet transactions—now known as e-commerce—involve the “practice of buying and selling goods and services through online consumer services on the Internet.” In a sphere of commerce apparently limitless in its reach, this article explores …

Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court, Megan Hargraves

University of Arkansas at Little Rock Law Review

No abstract provided.

Basic Functions And Principles Of International Environmental Law In The Context Of Managing Water Resources, James A. R. Nafziger

Denver Journal of International Law & Policy

No abstract provided.

Undermining Kulko At Home And Abroad, John J. Sampson

Oklahoma Law Review

No abstract provided.

Jurisdiction Issues In International Arbitration, Mitchell L. Lathrop

Global Business Law Review

Arbitration, and particularly international arbitration, involves jurisdictional issues beyond those normally encountered in traditional judicial proceedings. This article will describe prominent jurisdictional issues in international arbitration based on recent pronouncements of judicial and arbitral authorities. From effecting notice of the arbitration proceedings to the improper composition of the arbitral authority, this article will discuss jurisdictional issues that can arise at any time during an arbitration proceeding, and how they can affect the enforcement of an award.

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Oklahoma Law Review

No abstract provided.

Global Child Welfare: The Challenges For Family Law, Ann Laquer Estin

Oklahoma Law Review

No abstract provided.

Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein

Oklahoma Law Review

No abstract provided.

If You're Hurt, Where Is Home? Recently Drafted Minor League Baseball Players Are Compelled To Bring Workers' Compensation Action In Team's Home State Or In Jurisdiction More Favorable To Employers, James T. Masteralexis, Lisa P. Masteralexis

Marquette Sports Law Review

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