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Articles 181 - 190 of 190
Full-Text Articles in Law
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt
Ulf Maunsbach
No abstract provided.
Wrong Claim, Wrong Party, Wrong Court: Assessing The Petition Brought By A Coalition Of Clergy, Lawyers, & Professors On Behalf Of Detainees Held By The U.S. Military In Guantanamo Bay, Cuba, John C. Eastman
John C. Eastman
This brief article assesses the merits of the habeas corpus petition filed by a group of Los Angeles-based attorneys and professors on behalf of terrorists being detained by the United States in Guantanamo Bay, Cuba. It argues that the petitioners had no standing; that the Central District of California had no geographic connection and therefore no jurisdiction; and that the Constitution's guarantee of the writ of habeas corpus did not does not extend to non-citizens beyond the borders and sovereign authority of the United States.
Antitrust And International Regulatory Federalism, Andrew T. Guzman
Antitrust And International Regulatory Federalism, Andrew T. Guzman
Andrew T Guzman
In this Essay, Andrew Guzman proposes internationalization of antitrust law to supplant current methods of antitrust regulation across national borders. Specifically, instead of relying on local regulation, bilateral agreements between states, or a choice-of-law rule for antitrust enforcement, countries should adopt universal substantive standards. Moreover, Guzman recommends the World Trade Organization (WTO), which already employs a dispute resolution mechanism, as the governing forum for international antitrust issues. There, states can negotiate transfer payments in one international transaction to achieve agreement in another. Upon evaluating Professor Eleanor Fox’s proposal of a stand-alone World Competition Forum that would specialize exclusively in international …
Unexpected Gifts Of Chapter 11: The Breach Of A Director's Duty Of Loyalty Following Plan Confirmation And The Postconfirmation Jurisdiction Of Bankruptcy Courts, Daniel Bogart
Daniel B. Bogart
This article addresses the intersection of two aspects of chapter 11 jurisprudence: the fiduciary duties of directors and officers of the debtor and the post confirmation jurisdiction of bankruptcy courts. The article suggests that the normal application of fiduciary duties to confirmed debtors creates particular opportunities for directors and officers to act in a disloyal manner. The article examines two cases in particular. These include Bernstein v. Donaldson (In re Insulfoams, Inc.) and Cumberland Farms, Inc. v. Hasenotes (In re Cumberland Farms, Inc.) Traditionally, courts and commentators suggest that normal state fiduciary standards govern directors post confirmation. The article argues, …
Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan
Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan
Donald J. Kochan
Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …
The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds
The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds
William L. Reynolds
No abstract provided.
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Ecclesiastical Jurisdiction In Medieval England, David Millon
Ecclesiastical Jurisdiction In Medieval England, David Millon
David K. Millon
No abstract provided.
Note, Alien Corporations And Federal Diversity Jurisdiction, Geoff Moulton
Note, Alien Corporations And Federal Diversity Jurisdiction, Geoff Moulton
Geoff Moulton
No abstract provided.