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Journal

2013

Jurisdiction

Discipline
Institution
Publication

Articles 31 - 35 of 35

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Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin Jan 2013

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.


Preliminary Injunction Standards In Massachusetts State And Federal Courts, Arthur D. Wolf Jan 2013

Preliminary Injunction Standards In Massachusetts State And Federal Courts, Arthur D. Wolf

Western New England Law Review

Concurrent jurisdiction frequently allows attorneys the choice of filing a complaint in state or federal court. State courts presumptively have jurisdiction over claims rooted in federal law. At times, state courts are required to entertain federal claims. Similarly, federal courts have authority over state claims because of diversity, federal question, and supplemental jurisdiction. Many claims are rooted in both state and federal law, such as antitrust, civil rights, environmental, consumer protection, and civil liberties. Confronted with the choice of state or federal court, the attorney must evaluate a variety of factors before deciding in which court to file.

In a …


Taxing Colonel Sanders: Re-Examining Constitutional Nexus Through The Lens Of Kfc V. Iowa, James F. Murtha Jan 2013

Taxing Colonel Sanders: Re-Examining Constitutional Nexus Through The Lens Of Kfc V. Iowa, James F. Murtha

Western New England Law Review

Over twenty years ago, the Supreme Court of the United States decided that an entity must have a “physical presence” within a state before that state’s taxing authority can require the entity to pay state taxes. Since this physical presence requirement was created, a deep divide among state courts has shaped a confusing landscape surrounding two issues with the requirement. First, the states disagree on what constitutes physical presence within a state. Some state courts have held that mere economic presence in a state is sufficient for a state to assert its tax jurisdiction. Second, the states disagree on whether …


The Alien Tort Statute As Transnational Law, Jaye Ellis Jan 2013

The Alien Tort Statute As Transnational Law, Jaye Ellis

Maryland Journal of International Law

No abstract provided.


Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz Jan 2013

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.