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Articles 1 - 30 of 50
Full-Text Articles in Law
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
BYU Law Review
No abstract provided.
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Indiana Law Journal
No abstract provided.
Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford
Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe
Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe
Michigan Telecommunications & Technology Law Review
Unfortunately, when the law confronts cyberspace the usual mode of analysis is analogy, asking not "What is cyberspace?" but "What is cyberspace like?" The answers are varied: a glorified telephone, a bookstore, a bulletin board. I propose that we look at cyberspace not in these prosaic terms, but rather through the lens of international law in order to give cyberspace meaning in our jurisprudence. The thesis of this paper is that there exists in international law a type of territory which I call "international space." Currently there are three such international spaces: Antarctica, outer space, and the high seas. For …
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
Michigan Telecommunications & Technology Law Review
This essay explores the interaction between common law trademarks and the Internet--a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark's territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judicial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might …
Law Of Nations In Cyberspace: Fashioning A Cause Of Action For The Supression Of Human Rights Reports On The Internet , Thomas Cochrane
Law Of Nations In Cyberspace: Fashioning A Cause Of Action For The Supression Of Human Rights Reports On The Internet , Thomas Cochrane
Michigan Telecommunications & Technology Law Review
For nearly two decades, two U.S. statutes have provided redress to victims of human rights abuses: the Alien Tort Statute and the Torture Victim Protection Act. A handful of plaintiffs have recovered under these laws against foreign perpetrators of a narrow range of human rights violations. The growth and proliferation of communications technology raises important questions about how these statutes will be used in the future. Human rights activists have discovered that they can instantly communicate over the Internet with supporters and news media anywhere in the world. Repressive regimes have responded by attempting to restrict such communications. Could cutting …
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Federal Communications Law Journal
Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Federal Communications Law Journal
The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …
Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter
Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter
Brigham Young University Journal of Public Law
No abstract provided.
Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg
Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for which …
Interjurisdictional Preclusion, Howard M. Erichson
Interjurisdictional Preclusion, Howard M. Erichson
Michigan Law Review
Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. With great frequency, multiple lawsuits arise out of single or related transactions or events. Mass tort litigation and complex commercial litigation provide the most emphatic examples, but the phenomenon of multiple related lawsuits extends to every …
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Kentucky Law Journal
No abstract provided.
Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell
Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell
Publications from President Jonathan G.S. Koppell
Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …
The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell
The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell
LLM Theses
This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Richmond Journal of Law & Technology
Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly
Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Teaching Supplemental Jurisdiction, Stephen C. Yeazell
Teaching Supplemental Jurisdiction, Stephen C. Yeazell
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted
American Indian Law Review
No abstract provided.
Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo
Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo
Richmond Journal of Law & Technology
Almost everyone, it sometimes seems, is "working on a Web site." The Internet, a seamless web of communication, has broken down barriers of distance and time among people. At the same time it has made increasingly porous the conventional boundaries between the tangible and the abstract. Many business entities have created their own World Wide Web pages on the Internet, in order to deliver their advertising messages instantaneously to potential customers anywhere in the world. Increasingly, lawsuits are being filed against these businesses engaged in electronic commerce.
Revisiting The Policy Case For Supplemental Jurisdiction, Robert G. Bone
Revisiting The Policy Case For Supplemental Jurisdiction, Robert G. Bone
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William A. Fletcher
"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William A. Fletcher
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley
Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer
Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.