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Articles 1 - 20 of 20
Full-Text Articles in Entire DC Network
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver
Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver
University of Richmond Law Review
No abstract provided.
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
"A Distinction Without A Difference"?: Bartlett Going Forward, Steven A. Schwartz
Fordham Law Review
This Note addresses the question of whether federal law preempts state design defect claims against generic drug manufacturers regardless of which test state law uses to determine whether a drug is defective. This issue, arising out of the U.S. Supreme Court's interpretation of preemption jurisprudence and fundamental tort law as stated in Mutual Pharmaceutical Co. v. Bartlett, is significant because it plays a large role in determining to what extent generic drug manufacturers are immune to civil liability arising out of injuries caused by their generic drugs. In an age of rising medical costs and jury awards, both plaintiff …
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
University of Arkansas at Little Rock Law Review
No abstract provided.
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
Akron Law Review
My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
Applying The European Convention On Human Rights To The Use Of Physical Force: Al-Saadoon, David S. Goddard
International Law Studies
In Al-Saadoon and Others v. Secretary of State for Defence, the High Court of Justice of England and Wales has found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially simply through the use by State agents of physical force against an individual. This article explains the judgment and places it in the context of the development of the law both in the United Kingdom and at the European Court of Human Rights (ECtHR). While it remains subject to appeal domestically and its approach may not be followed by the ECtHR, …
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 …
Employee Beware! Employment Agreements And What The Technology Related Employee Should Know And Understand Before Signing That Agreement: A Practical Guide, Louis J. Papa
Touro Law Review
No abstract provided.
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
University of Arkansas at Little Rock Law Review
No abstract provided.
Water Law-Gged: The Muddy Relationship Between Water Law, The Environment, And Economic Development Introduction, Josh Eagle, Matthew W. Orville
Water Law-Gged: The Muddy Relationship Between Water Law, The Environment, And Economic Development Introduction, Josh Eagle, Matthew W. Orville
South Carolina Law Review
No abstract provided.
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
University of Massachusetts Law Review
This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.
The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman
The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman
Northwestern University Law Review
No abstract provided.
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Northwestern University Law Review
No abstract provided.
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements. This Article posits that …
How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs
How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs
Northwestern University Law Review
No abstract provided.
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
Brooklyn Journal of International Law
Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
American Indian Law Review
No abstract provided.
Patents And Competition Law: Identifying Jurisdictional Metes And Bounds In The Indian Context, J Sai Deepak
Patents And Competition Law: Identifying Jurisdictional Metes And Bounds In The Indian Context, J Sai Deepak
National Law School of India Review
The primary object of this article is to understand the relationship between patent rights and competition law under the existing Indian legal framework. It has become imperative to elucidate the legal position on the interplay between the two, in light of growing antitrust concerns arising out of the exercise of patent rights. The author has employed conventional principles of statutory interpretation to the relevant provisions of the Patents Act, 1970 and the Competition Act, 2002 to arrive at his conclusions, with Expert Committee Reports playing a corroborative role.
Universal Jurisdiction: Chronicle Of A Death Foretold, Rephael Ben-Ari
Universal Jurisdiction: Chronicle Of A Death Foretold, Rephael Ben-Ari
Denver Journal of International Law & Policy
No abstract provided.
Jurisdictional Conflicts Between The Icc And The African Union: Solution To The Dilemma, Jacky Fung Wai Nam
Jurisdictional Conflicts Between The Icc And The African Union: Solution To The Dilemma, Jacky Fung Wai Nam
Denver Journal of International Law & Policy
No abstract provided.