Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (4)
- International Law (4)
- Jurisdiction (4)
- Criminal Law (3)
- Intellectual Property Law (3)
-
- Comparative and Foreign Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Civil Rights and Discrimination (1)
- Common Law (1)
- Consumer Protection Law (1)
- Criminal Procedure (1)
- Food and Drug Law (1)
- Human Rights Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Trade Law (1)
- Land Use Law (1)
- Law Enforcement and Corrections (1)
- Law and Race (1)
- Legal History (1)
- Legal Profession (1)
- Natural Law (1)
- Natural Resources Law (1)
- Institution
Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
University of Massachusetts Law Review
To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists to prevent …
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett
Seattle University Law Review
The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
Touro Law Review
No abstract provided.
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Call Me, Maybe: Missouri’S Approach To Extraterritorial Personal Jurisdiction On The Basis Of Interstate Communications, Caleb Wagner
Missouri Law Review
This Note discusses the legal doctrine of personal jurisdiction over out of-state parties in Missouri and how the instant case fits within that regime. It also offers guidance for out-of-state parties conducting business in Missouri, as well as Missouri parties dealing with out-of-state corporations, suggesting ways in which businesses can structure their arrangements to ensure specific forums should litigation become necessary.
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
Pennies On The Dollar: Reallocating Risk And Deficiency Judgement Liability, Kristen Barnes
South Carolina Law Review
No abstract provided.
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Georgia Journal of International & Comparative Law
No abstract provided.
Unfunded Federal Mandates And State Judiciaries: A Question Of Sovereignty, Christine M. Durham, Brian L. Hazen
Unfunded Federal Mandates And State Judiciaries: A Question Of Sovereignty, Christine M. Durham, Brian L. Hazen
Utah Law Review
State courts have a well-recognized obligation to provide LEP individuals with meaningful access. In accordance with federal law, state courts have long been taking steps to increase that access, though perhaps not with time frames as swift as DOJ (or even the courts themselves) would prefer. But determining the manner in which state courts allocate their resources to provide interpreters should be within the discretion of the states to decide, provided, of course, that the courts provide meaningful access to LEP individuals. Additionally, state courts must make LEP funding decisions in a holistic context that requires courts to allocate scarce …
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
South Carolina Law Review
No abstract provided.
Abolishing Exclusive Jurisdiction In The Federal Circuit: A Response To Judge Wood, Rochelle C. Dreyfus
Abolishing Exclusive Jurisdiction In The Federal Circuit: A Response To Judge Wood, Rochelle C. Dreyfus
Chicago-Kent Journal of Intellectual Property
Part of a symposium of responses to Chief Judge Wood’s suggestion for giving regional circuits a share of the Federal Circuit’s authority over patent law, this article argues that now that a degree of nationwide uniformity in patent law has been achieved, it would be a pity to disrupt it. While Chief Judge Wood is right that the law would improve with percolation, a change in the composition of the court, new procedures for challenging patents in the Patent and Trademark Office, a District Court pilot program, and satellite patent offices will bring to the debate new voices, different kinds …
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Chicago-Kent Journal of Intellectual Property
In a provocative address, Chief Judge Wood of the Seventh Circuit Court of Appeals suggests exposing the Court of Appeals for the Federal Circuit, created in 1982 to hear all appeals from patent cases, to competition from sister appellate courts. This response, published as part of a Symposium on Chief Judge Wood's address, argues that competition is indeed desirable. Whether such competition is best provided by other appellate courts is unclear, however. The more tractable approach is to improve competitive input from sources that have already emerged. These include dissenting Federal Circuit judges, parties and amici who are not "patent …
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Substantive Due Process And U.S. Jurisdiction Over Foreign Nationals, Jennifer K. Elsea
Fordham Law Review
The due process rights of suspected terrorists have played a major role in the debate about how best to engage terrorist entities after September 11, 2001. Does citizenship or immigration status have a bearing on the treatment of terrorists? Does location within or outside the United States matter? This Article explores the connection between citizenship and alienage, enemy status, allegiance, and due process rights against a backdrop of international law. It surveys the application of due process to citizens and aliens based on the location of misconduct within or outside the territory of the United States and notes the expansion …
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
Catholic University Law Review
No abstract provided.
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
Missouri Law Review
Nearly twenty years ago, speaking of the difficulties inherent in managing mass tort cases, Chief Justice William Rehnquist predicted that without coordinated state and federal mechanisms, lawyers would "seek to pursue duplicative and exhaustive litigation." And some courts, "operating under a parochial view of the situation," would allow them to do so. He warned that the result would be "expense, delay, resulting crowding of dockets, divergent decisions on identical factual questions, and sometimes the insolvency of the defendants who are being sued." Despite this and similar warnings, expensive and exhaustive litigation is exactly what has happened in many cases.
Questioning The U.S. Supreme Court's Legalistic Qualified Immunity Approach And Suggestions For A Better Approach Essay, Robert Weems
Questioning The U.S. Supreme Court's Legalistic Qualified Immunity Approach And Suggestions For A Better Approach Essay, Robert Weems
South Carolina Law Review
No abstract provided.
Are Judges Tied To The Past? Evidence From Jurisdiction Cases, Shay Lavie
Are Judges Tied To The Past? Evidence From Jurisdiction Cases, Shay Lavie
Hofstra Law Review
Do past decisions bias judges? This Article argues that judges might be unduly affected by previously spent judicial efforts. Appellate courts, for instance, are more reluctant to reverse a case the larger the resources the trial judge invested.
To provide empirical evidence for this proposition, this Article examines reversal rates of jurisdictional questions. As jurisdiction is independent of the merits, its resolution should not be affected by subsequent judicial efforts on the merits. Nonetheless, this study finds that the more resources that are invested on the merits of the case, the less likely appellate courts are to reverse the underlying …
Private Parties And The Ffdca: How Creative Litigants Have Circumvented Section 310 And Undermined The Nlea’S Express Preemption Amendments, Joe Dages
Catholic University Law Review
No abstract provided.