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Full-Text Articles in Law
“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
Beth Van Schaack
This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …
Foreign Citizens As Members Of Transnational Class Actions, Jay Tidmarsh
Foreign Citizens As Members Of Transnational Class Actions, Jay Tidmarsh
Jay Tidmarsh
This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that foreign citizens whose home forum will not recognize an American class judgment should be excluded from membership. Our analysis begins by establishing that this consensus is seriously flawed and misapprehends the nature of the problem. Using standard tools of economic analysis, we then make two arguments. First, the decision to include or exclude foreign class members should be based upon a comparison of costs and benefits: in particular, the costs generated by foreign …
Procedure, Substance, And Erie, Jay Tidmarsh
Procedure, Substance, And Erie, Jay Tidmarsh
Jay Tidmarsh
This article examines the relationship between procedure and substance, and the way in which that relationship affects Erie questions. It first suggests that “procedure” should be understood in terms of process — in other words, in terms of the way that it changes the substance of the law and the value of legal claims. It then argues that the traditional view that the definitions of “procedure” and “substance change with the context — a pillar on which present Erie analysis is based — is wrong. Finally, it suggests a single process-based principle that reconciles all of the Supreme Court’s “procedural …
The Uses Of Indispensable Sovereigns: Pimentel And The Evolution Of Rule 19, Katherine J. Florey
The Uses Of Indispensable Sovereigns: Pimentel And The Evolution Of Rule 19, Katherine J. Florey
Katherine J. Florey
This Article attempts to fill some of the gap in academic treatment of Rule 19 by considering an important and timely issue in the Rule’s application. It makes the argument that, while Rule 19 was originally intended to facilitate the consolidation of litigation by authorizing mandatory joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose. That is, in many cases where a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the …
Indispensable Sovereigns: Pimentel, Abstention, And The Uses Of Rule 19, Katherine J. Florey
Indispensable Sovereigns: Pimentel, Abstention, And The Uses Of Rule 19, Katherine J. Florey
Katherine J. Florey
This Article attempts to fill some of the gap in academic treatment of Rule 19 by considering an important and timely issue in the Rule’s application. It makes the argument that, while Rule 19 was originally intended to facilitate the consolidation of litigation by authorizing mandatory joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose. That is, in many cases where a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the …
You Infringed My Patent, Now Wait Until I Sue You: The Federal Circuit’S Decision In Avocent Huntsville Corp. V. Aten International Co., Marta Vanegas
You Infringed My Patent, Now Wait Until I Sue You: The Federal Circuit’S Decision In Avocent Huntsville Corp. V. Aten International Co., Marta Vanegas
Marta R. Vanegas LL.M.
The Federal Circuit recently held that it lacked personal jurisdiction over a foreign defendant, because neither the patentee’s sales within the forum state, nor their patent enforcement letters constituted sufficient contacts for personal jurisdiction. This Note argues that the Federal Circuit erroneously held that a patentee’s sales in the forum state are irrelevant to specific personal jurisdiction. The Note surveys the legal background of personal jurisdiction in declaratory judgment actions, particularly in the patent context. The Note then argues that the Federal Circuit's recent line of cases incorrectly held that a patentee’s sales of the patented product within the forum …
International Law Colloquia, Spring 2006 Series, Roger Alford, Laura Dickinson, Mark Drumbl, Karen Knop, Diane Orentlicher, Brad Roth, Edward Swaine
International Law Colloquia, Spring 2006 Series, Roger Alford, Laura Dickinson, Mark Drumbl, Karen Knop, Diane Orentlicher, Brad Roth, Edward Swaine
Diane Orentlicher
Spring 2006 Presenters: February 10: Laura A. Dickinson (University of Connecticut School of Law), Democracy and Trust February 17: Mark A. Drumbl (Washington and Lee University School of Law), Atrocity and Punishment February 24: Karen Knop (University of Toronto Faculty of Law), Enemies and Outlaws: War and the Public/Private Citizen March 3: Brad R. Roth (Wayne State University Department of Political Science), State Sovereignty, International Legality, and Moral Disagreement April 7: Diane Orentlicher (American University Washington College of Law), Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles April 14: Roger P. Alford (Pepperdine University School of Law), Foreign Relations as …
Original Habeas Redux, Lee B. Kovarsky
Original Habeas Redux, Lee B. Kovarsky
Lee Kovarsky
In "Original Habeas Redux," I map the modern dimensions of the Supreme Court’s most exotic jurisdiction—the original habeas writ. The Court has not issued such relief since 1925 and, until recently, had not ordered a case transferred pursuant to that authority in over fifty years. In August 2009, by transferring a capital prisoner’s original habeas petition to a federal district court rather than dismissing it outright, In re Davis abruptly thrust this obscure power back into mainstream legal debate over both the death penalty and the Supreme Court’s appellate jurisdiction. Scrambling to understand how the authority has evolved since its …
The Structural Safeguards Of Federal Jurisdiction, Tara L. Grove
The Structural Safeguards Of Federal Jurisdiction, Tara L. Grove
Tara L. Grove
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug
Ulf Maunsbach
No abstract provided.
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Scott Dodson
No abstract provided.
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
Scott Dodson
No abstract provided.