Law Commons^™

The Status Of Taiwan Under International Law And In A Changing World, Eric Ting-Lun Huang

Theses and Dissertations

The issue of Taiwan's status has long been disputed. Since 1949, more than half a century ago, a civil war divided a Chinese nation into two governments within the Chinese territories. One is the People's Republic of China on the mainland(China), the other is the Republic of China on Taiwan(Taiwan). Since then, China has long embraced the position of annexing Taiwan as its essential goal based on the political fiction of the one-China principle, assuming that "there is only one China internationally, Taiwan is a part of China, and the People's Republic of China is thesole government to represent the …

Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson

Michigan Law Review

In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …

Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald

Michigan Law Review

At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger

Washington and Lee Law Review

No abstract provided.

Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland

BYU Law Review

No abstract provided.

The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii

Washington and Lee Law Review

No abstract provided.

Insubstantial Questions And Federal Jurisdiction: A Footnote To The Term-Limits Debate, Jonathan L. Entin

Nevada Law Journal

No abstract provided.

Administrative-Law-Like Obligations On Private[Ized] Entities, Jack M. Beermann

Faculty Scholarship

Privatization is often promoted as a cure for many of the problems of government. In this Article, Professor Beermann argues that the effect of privatization is likely to be muted by the fact that several related phenomena have, in recent years, reduced the differences between government and the private sector, especially when privatization is involved. First, private entities are often compelled to make public or provide to government a great deal of information about themselves, much as the Freedom of Information Act and related statutes require transparency in government. Second, discovery in litigation subjects a great deal of private information …

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Michigan Law Review

In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably do. …

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

West Virginia Supreme Court Of Appeals Original Jurisdiction, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

West Virginia Supreme Court Of Appeals Appellate Jurisdiction, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper

Washington and Lee Law Review

No abstract provided.

Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel

San Diego International Law Journal

This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …

A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich

University of Arkansas at Little Rock Law Review

No abstract provided.

The Improvement Of Water And Water-Dependent Resources Under The Great Lakes Charter Annex, Sandra B. Zellmer, David Gecas, Anne Kori Mann

Faculty Law Review Articles

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Michigan Journal of International Law

This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …

Citizenship Of Limited Liability Companies For Diversity Jurisdiction, Debra R, Cohen

Journal Articles

The limited liability company is an increasingly popular form of business organization. Due to its hybrid nature, however, the citizenship of a LLC for purposes of diversity jurisdiction is difficult to determine. Should the citizenship of a LLC be determined as if it were a corporation, in which case it has "entity" citizenship, or as if it were a partnership, in which case its citizenship is determined by the citizenship of "persons composing" the LLC?

This Article examines the history of the evolution of hybrid organizations like the LLC, and the rules for determining the citizenship of business organizations in …

State Court Sovereign Immunity: Just When Is The Emperor Armor-Clad?, Jack Druff

University of Arkansas at Little Rock Law Review

No abstract provided.

Municipal Gone District: Jurisdiction In New Court Of First Resort, Vic Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell

Vanderbilt Journal of Transnational Law

The federal circuit courts have disagreed concerning a fundamental issue of federal court jurisdiction: whether cases that may implicate or involve the "foreign relations" of the United States, but do not otherwise raise a more traditional "federal question" under federal law, may be removed from state courts to federal courts. This Note examines the cases that have created the split, and proposes two potential resolutions to it, one judicial and the other legislative.

Lone Wolf V. Hitchcock: A Little Haiku Essay On A Missed Constitutional Moment, Frank Pommersheim

Frank Pommersheim

No abstract provided.

The United States Dropped The Atomic Bomb Of Article 16 Of The Icc Statute, Mohamed E. Zeidy

Vanderbilt Journal of Transnational Law

This Article discusses the recent adoption of the Security Council Resolution 1422 and its impact on international law. The Author asserts that the United States--a major proponent of Resolution 1422--desires to immunize its leaders and soldiers from the International Criminal Court's jurisdictional powers. The Author begins by describing the drafting history of Article 16 and its legal consequences. Upon highlighting the most significant reasons for opposing Resolution 1422, the Author delineates how the Resolution mirrors the inconsistency with the United Nations Charter and the Law of Treaties. Finally, the Author concludes that Resolution 1422 should be rejected because it violates …

The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton

UIC Law Review

No abstract provided.

An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young

UIC Law Review

No abstract provided.

American-Style Justice In No Man's Land, Peter Nicolas

Articles

This Article seeks to fill the gap in the existing literature by exploring the constitutional limits on federal court subject matter jurisdiction in the context of civil disputes arising in Indian Country and civil disputes arising elsewhere involving Indian tribes, tribal entities, and tribal members.

Part II of this Article catalogues the universe of "no forum" and "biased forum" jurisdictional quagmires with respect to civil disputes arising in Indian Country or those arising elsewhere involving Indian tribes, tribal entities, and tribal members, examining the existing legal obstacles that prevent federal, state, and tribal courts from exercising jurisdiction over the "no …

Realspace Sovereigns In Cyberspace: Problems With The Anticybersquatting Consumer Protection Act, Catherine T. Struve, R. Polk Wagner

All Faculty Scholarship

No abstract provided.

Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare

Articles & Book Chapters

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …