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Articles 1 - 23 of 23
Full-Text Articles in Law
Standing Without Injury, Jonathan Adler
Standing Without Injury, Jonathan Adler
Faculty Publications
It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These criticisms are now being echoed by federal judges. Judge Kevin Newsom, for one, has suggested existing standing jurisprudence has become ungrounded from constitutional text, incoherent, and administrable. He suggests abandoning injury in fact altogether, and recognizing broad congressional power to authorize causes of action to sue in federal court, subject only to those limits imposed by the executive branch’s obligation to “Take Care” that the laws are faithfully executed. In short, …
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting
Case Western Reserve Journal of International Law
No abstract provided.
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis
Case Western Reserve Journal of International Law
No abstract provided.
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark
Case Western Reserve Journal of International Law
No abstract provided.
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin
Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin
Faculty Publications
This article seeks to clear up the confusion over "substantial federal questions." Part I provides an overview of the Supreme Court's jurisdiction, distinguishing between appeal and certiorari. Part II examines the precedential weight of the Court's summary dispositions, contrasting summary disposition of appeals with denials of certiorari. Part III explains why the suggestions that the lower courts lack jurisdiction over cases presenting issues in which the Supreme Court has dismissed appeals "for want of a substantial federal question" are mistaken.
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
Case Western Reserve Journal of International Law
No abstract provided.
State Tolling Statutes And Interstate Commerce: Bendix Autolite Corporation V. Midwesco Enterprises, John H. Forg
State Tolling Statutes And Interstate Commerce: Bendix Autolite Corporation V. Midwesco Enterprises, John H. Forg
Case Western Reserve Law Review
No abstract provided.
Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall
Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall
Case Western Reserve Law Review
No abstract provided.
The Jurisdiction Of The Court--The United States Supreme Court, Eugene Gressman
The Jurisdiction Of The Court--The United States Supreme Court, Eugene Gressman
Canada-United States Law Journal
No abstract provided.
Jurisdiction Of The Court--The Supreme Court Of Canada, Peter W. Hogg
Jurisdiction Of The Court--The Supreme Court Of Canada, Peter W. Hogg
Canada-United States Law Journal
No abstract provided.
Shaffer V. Heitner: Some Thoughts On Its Impact On The Doctrines Of Choice Of Choice Of Law And Preclusion By Judgment, James M. Fischer
Shaffer V. Heitner: Some Thoughts On Its Impact On The Doctrines Of Choice Of Choice Of Law And Preclusion By Judgment, James M. Fischer
Case Western Reserve Law Review
No abstract provided.
Recent Case: Armed Services - Military Jurisdiction - Reservists {Wallace V. Chafee 451 F.3d 1374 (9th Cir. 1971)], Case Western Reserve University Law Review
Recent Case: Armed Services - Military Jurisdiction - Reservists {Wallace V. Chafee 451 F.3d 1374 (9th Cir. 1971)], Case Western Reserve University Law Review
Case Western Reserve Law Review
No abstract provided.
Annulments--A Comparative Study Of Jurisdiction And Recognition Of Foreign Decrees, Donald J. Newman
Annulments--A Comparative Study Of Jurisdiction And Recognition Of Foreign Decrees, Donald J. Newman
Case Western Reserve Journal of International Law
No abstract provided.
Jurisdiction Over Ex-Servicemen For Crimes Committed Abroad: The Gap In The Law, Kenneth A. Hook
Jurisdiction Over Ex-Servicemen For Crimes Committed Abroad: The Gap In The Law, Kenneth A. Hook
Case Western Reserve Law Review
No abstract provided.
Interpretive Problems Of Ohio's Long-Arm Statute, Gerald H. Rubin
Interpretive Problems Of Ohio's Long-Arm Statute, Gerald H. Rubin
Case Western Reserve Law Review
No abstract provided.
Choice Of Forum In Tax Litigation, Arnold W. Reitze Jr.
Choice Of Forum In Tax Litigation, Arnold W. Reitze Jr.
Case Western Reserve Law Review
No abstract provided.
Civil Procedure--Jurisdiction--Minimum Contacts, Gary W. Melsher
Civil Procedure--Jurisdiction--Minimum Contacts, Gary W. Melsher
Case Western Reserve Law Review
No abstract provided.
Comment: Ohio Supreme Court Appellate Jurisdiction, Ovid C. Lewis
Comment: Ohio Supreme Court Appellate Jurisdiction, Ovid C. Lewis
Case Western Reserve Law Review
No abstract provided.
Right To Jury Trial Of Legal Issues In Diversity Suits, Edward Kancler
Right To Jury Trial Of Legal Issues In Diversity Suits, Edward Kancler
Case Western Reserve Law Review
No abstract provided.
Some Aspects Of Appellate Procedure In Ohio, Lee E. Skeel
Some Aspects Of Appellate Procedure In Ohio, Lee E. Skeel
Case Western Reserve Law Review
No abstract provided.
Doing Business--A Re-Examination, William P. Jaras
Doing Business--A Re-Examination, William P. Jaras
Case Western Reserve Law Review
No abstract provided.
Labor Law--Jurisdiction Of State Court Over Employee's Personal Tort Action Against Union, Margaret Ray
Labor Law--Jurisdiction Of State Court Over Employee's Personal Tort Action Against Union, Margaret Ray
Case Western Reserve Law Review
No abstract provided.