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Selected Works

2016

Jurisdiction

Articles 1 - 6 of 6

Full-Text Articles in Law

The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy May 2016

The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy

Joan M. Shaughnessy

This Essay contrasts the jurisdictional regime followed in termination of parental rights and other child custody cases with the regime that has dominated recent Supreme Court personal jurisdiction cases. Jurisdiction in child custody cases has long been based upon the connection of the child, not the defendant parent, to the jurisdiction. Recent Supreme Court cases, on the other hand, have focused nearly exclusively on the defendant’s connection to the forum state. This Essay argues that the Supreme Court cases betray a failure of the Court to provide a consistent constitutional justification for the jurisdictional limitations it has imposed. The Essay …

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A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker Feb 2016

A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker

Thomas E. Baker

This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.

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The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman Feb 2016

The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman

Howard M Wasserman

No abstract provided.

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Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman Feb 2016

Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman

Howard M Wasserman

This essay offers an exercise in wishful jurisdictional and procedural thinking. As part of a Supreme Court Roundtable on Spokeo, Inc. v. Robins, it argues for William Fletcher's conception of standing as an inquiry into the substantive merits of a claim and of whether the plaintiff has a valid cause of action. This approach is especially necessary in statutory cases; along with its constitutional power to create new rights, duties, and remedies, Congress should have a free hand in deciding who and how those rights and duties should be enforced. Spokeo, which involves a claim for damages for publication of …

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Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke Dec 2015

Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke

Ademun Ademun-Odeke

No abstract provided.

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Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo Dec 2015

Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo

Scott Dodson

Is federal diversity jurisdiction case-specific or claim-specific? Consider a state-law case in federal court between a Texas plaintiff and two defendants—one from California and the other from Texas. The complete-diversity rule taught to every first-year law student makes clear that, when the diversity defect is noted, the court lacks subject-matter jurisdiction over the action as a whole. The court cannot, therefore, proceed with either claim as long as the nondiverse claim remains. But does the court’s subject-matter jurisdiction nevertheless extend to the diverse claim, such that the case can continue if the spoiler is dismissed? This question is both pervasive …

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