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Articles 1 - 15 of 15
Full-Text Articles in Law
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Emanuela A. Matei
No abstract provided.
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Criminal Case File, State V. O'Neill, James Seckinger
Criminal Case File, State V. O'Neill, James Seckinger
James H. Seckinger
No abstract provided.
The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer
The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer
Luke M Scheuer
In recent years many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public are faced with some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and …
Exorcising The Evil Of Forum-Shopping, Kevin Clermont, Theodore Eisenberg
Exorcising The Evil Of Forum-Shopping, Kevin Clermont, Theodore Eisenberg
Kevin M. Clermont
Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case. The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
Kevin M. Clermont
Territorial authority to adjudicate is the preeminent component of private international law. Empirical research proves that forum really affects outcome, probably by multiple influences. This practical effect makes international harmonization of jurisdictional law highly desirable. Although harmonization of nonjurisdictional law remains quite unlikely, jurisdictional harmonization is increasingly feasible because, among other reasons, U.S. jurisdictional law in fact exhibits no essential differences from European law. None of the usual assertions holds up as an unbridgeable difference, including that (1) the peculiar U.S. jurisdictional law flows inevitably from a different theory of governmental authority, one that rests on power notions; (2) U.S. …
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany Berger
Justice And The Outsider: Jurisdiction Over Non-Members In Tribal Legal Systems, Bethany Berger
Bethany Berger
A quarter of a century ago, the Supreme Court issued its opinion in Oliphant v. Suquamish Indian Tribe holding that tribes had no criminal jurisdiction over non-Indians. Since that time, the Court has progressively limited tribal criminal, civil, and regulatory jurisdiction over those that are not enrolled members of the tribe. While the decisions have a veneer of history and precedent, their legal basis is extremely thin—so much so that Justice O’Connor called a 2001 decision “unmoored from our precedents.” This trend is one of the most important developments in Indian law. It is the focus of sustained attention by …
Securities Exchange Act—Treatment Of Intrastate Use Of Telephone.—Rosen V. Albern Color Research, Inc.—And Nemitz V. Cunny, John Dobbyn
John Dobbyn
No abstract provided.
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Dr Robert Brown
Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Ulf Maunsbach
No abstract provided.
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Fetal Research: The Question In The States, Charles Baron
Fetal Research: The Question In The States, Charles Baron
Charles H. Baron
This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.
A Proposal For Changing The Jurisdictional Provisions Of The New Federal Criminal Code, John Dobbyn
A Proposal For Changing The Jurisdictional Provisions Of The New Federal Criminal Code, John Dobbyn
John Dobbyn
No abstract provided.