Law Commons^™

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Congressional Power To Grant Federal Courts Jurisdiction Over States: The Impact Of Pennsylvania V. Union Gas, Donald L. Boren

Akron Law Review

Union Gas left many questions unanswered. Suing a state in federal court still remains what one federal judge described as "a wonderland of judicially created and perpetuated fiction and paradox."

The purpose of this article is to examine the impact of Union Gas on states sued in federal court. Part one presents an overview of eleventh amendment jurisprudence. Part two analyzes congressional power to create a cause of action against the states for monetary damages in federal court and examines the impact of Union Gas on the standard for finding congressional intent to abolish states' immunity.

Attorneys' Perspectives On Choice Of Forum In Diversity Cases, Victor E. Flango Ph.D.

Akron Law Review

This report will first outline the arguments relating to proposals to change diversity of citizenship jurisdiction from the perspective of how additional empirical evidence can advance the arguments, and then provide data on lawyers' perceptions of factors that are important in the decision to file in either state or federal court.

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …

Wyoming V. Oklahoma: "[M]Isguided Exercise Of Discretion", Heather N. Sigrist

Akron Law Review

The purpose of this casenote is to analyze the Supreme Court's reasoning in Wyoming v. Oklahoma. Section II of this casenote reiterates background law in the area of standing, exclusive original jurisdiction, and the negative Commerce Clause. Section II (A) recapitulates the doctrine of standing to sue. Section II (B) discusses the Supreme Court's exclusive original jurisdiction. Section II (C) summarizes the negative Commerce Clause. Section III presents the statement of the case. Section IV analyzes the Supreme Court's decision in Wyoming v. Oklahoma.

Section IV (A) criticizes the Court for failing to delineate a solid standing causation analysis. Section …

From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton

Stephen Alton

This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …

Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra

Thiago Luís Santos Sombra

This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.

Person V. Potential: Judicial Struggles To Decide Claims Arising From The Death Of An Embryo Or Fetus And Michigan's Struggle To Settle The Question, Dena M. Marks

Akron Law Review

“Death is well understood; it’s life that isn’t.” We recognize death, but state by state, courts struggle to understand life when called on to determine whether their states’ wrongful death acts apply after the death of an embryo or fetus. These struggles arise because, for the most part, state legislatures have failed to clarify whether a cause of action may be maintained under their wrongful death acts for the death of an embryo or fetus. This failure has lead to inconsistent and unfair results, often allowing the tortfeasor to benefit from causing the greater harm of death, when the tortfeasor …

Syngenta, Stephenson And The Federal Judicial Injunctive Power, Lonny Sheinkopf Hoffman

Akron Law Review

In particular, my objectives are three-fold. As regards Syngenta, I will examine the case’s background and procedural history to highlight the strategic decisionmaking and forum shopping decisions made by all of the parties and their lawyers in the contest. Also, by revisiting the Supreme Court’s decision in the case, I hope to offer a better perspective on what the justices did decide and, correspondingly, also reflect on what they did not decide. Even as Syngenta nodded in recognition that some power exists to enjoin state proceedings, its ambit was left undefined. Recognizing the scope of the Court’s decision is critical …

Supplemental Serendipity: Congress' Accidental Improvement Of Supplemental Jurisdiction, James M. Underwood

Akron Law Review

In this article, I contend that the Supplemental Jurisdiction Statute should be given a plain-language interpretation because the reasons underlying the traditional rules of statutory interpretation are sound, this interpretation actually achieves the desirable goal of enhancing the consistency of federal court jurisprudence in this field, and because such a reading can be done without causing institutional harm and disrupting the business of the federal courts. In short, the Supplemental Jurisdiction Statute is neither broke nor in need of major overhaul or abandonment.

Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff

All Faculty Scholarship

The Supreme Court’s decision in Scott v. Harris has quickly become a staple in many Civil Procedure courses, and small wonder. The cinematic high-speed car chase complete with dash-cam video and the Court’s controversial treatment of that video evidence seem tailor-made for classroom discussion. As is often true with instant classics, however, splashy first impressions can mask a more complex state of affairs. At the heart of Scott v. Harris lies the potential for a radical doctrinal reformation: a shift in the core summary judgment standard undertaken to justify a massive expansion of interlocutory appellate jurisdiction in qualified immunity cases. …

Daimler And The Jurisdictional Triskelion, Zoe Niesel

Faculty Articles

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

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.

The Changing Landscape For In-House Counsel: Multijurisdictional Practice Considerations For Corporate Law Departments, Carol A. Needham

Akron Law Review

This article contains an overview of areas to consider regarding the ability of in-house attorneys licensed in one or more jurisdictions in the United States to continue providing legal services when in a new location. The focus in this article is on matters relevant for attorneys engaged in transactional work, rather than those who are interested in representing their clients in courtrooms, administrative tribunals, and similar forums.

The Legal Ethics Of Metadata Mining, Andrew M. Perlman

Akron Law Review

Bar associations have produced a number of legal ethics opinions that address the practice of metadata mining. This essay explains the nature of the problem, reviews the ethics opinions that have addressed it, and contends that the issue is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that metadata mining should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, the jurisdiction should also permit lawyers to review the …

A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister

Jacqueline McAllister

The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …

Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing

Akron Law Review

This Article contends that the orthodox interpretation accurately reflects the original public meaning of ‘jurisdiction,’ and that, consequently, the consensualist interpretation is incorrect on originalist grounds. By way of supporting this contention, this Article also seeks to advance the debate regarding the Citizenship Clause in several ways. Although this Article, like others, relies upon the Clause’s legislative history for evidence of original meaning, when analyzing that history this Article also considers 1) the framing-era context of federal Indian law; and 2) the distinction between “original meaning” and “original expected application.” Moreover, in seeking relevant originalist evidence, this Article looks to …

An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.

Kenneth Ayotte

No abstract provided.

Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, 6 Nw. J. Int'l L. & Bus. 615 (1984), Debra Pogrund Stark

Debra Pogrund Stark

No abstract provided.

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

Karen Halverson Cross

No abstract provided.

Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held a plaintiff must prove sufficient contacts with the jurisdiction in order to establish personal jurisdiction over a defendant. Without proof of sufficient contacts, Nevada courts do not have personal jurisdiction over a foreign Catholic diocese. The Court reversed the district court’s decision.

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.

Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins

Georgia Journal of International & Comparative Law

No abstract provided.

The Enrica Lexie And St. Antony: A Voyage Into Jurisdictional Conflict, Danielle Ireland-Piper

Danielle Ireland-Piper

The decision of the Supreme Court of India in Republic of Italy v Union of India illustrates the legal and diplomatic complexities that can arise when nations, and states within those nations, have competing claims to jurisdiction over the prosecution of criminal offences. In our increasingly interconnected world, competing claims to jurisdiction are more likely. The decision, among other things, is concerned with legal aspects of coastal state jurisdiction in a federal system and sovereign immunity under international law. This decision is of interest because Australia, like India, is a coastal nation that divides power between federal and state governments. …

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 …

Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier

The Journal of Business, Entrepreneurship & the Law

Boilermakers Local 154 Retirement Fund v. Chevron Corp. represents a new and important chapter in the relationship between the forum selection clause and modern business relations. A forum selection clause is “[a] contractual provision in which the parties establish the place (such as the country, state, or type of court) for specified litigation between them.” Forum selection clauses have most often been analyzed by courts within contractual relationships between businesses, or a business and its customers. The Boilermakers case sets important precedent for forum selection in an equally fundamental business relationship--the corporation and its stockholders. This article will survey the …

Do Irish Courts And The European Court Of Human Rights Have Achieved The Correct Balance Between Protection Of The Rights Of Individual Prisoners And Pragmatic Concerns Regarding The Proper Functioning Of The Prison System., Adrian Berski

Reports

Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each particular country.

It is worth taking into consideration that decisions made by the European Court of Human …

The Supreme Court's Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley

Faculty Publications

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 …

Contractual Construction Of Jurisdiction Agreements: Exclusive Or Non-Exclusive -Hin-Pro International Logistics Limited V Compania Sud Americana De Vapores S.A. [2015] Ewca Civ 401, Man Yip

Research Collection Yong Pung How School Of Law

The English Court of Appeal’s decision in Hin-Pro International Logistics Limited v Compania Sud Americana De Vapores S.A. [2015] EWCA Civ 401 is a case of note to Singapore as it took on the complex task of construing the effect of a jurisdiction agreement contained in a standard form bill of lading.The detailed contractual analysi has many points of reflection for Singapore law, given that the Singapore Court of Appeal has recently considered a contractualconstruction approach to jurisdiction agreements.

Jurisdiction - Aliens, Federal Courts And The Law Of Nations, Jeff Ballew

Georgia Journal of International & Comparative Law

No abstract provided.