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Articles 1 - 30 of 42
Full-Text Articles in Law
Business & Human Rights: Optimism And Concern From The U.S. Perspective, Christiana Ochoa
Business & Human Rights: Optimism And Concern From The U.S. Perspective, Christiana Ochoa
Articles by Maurer Faculty
Forty-five years passed between the release of the first major United Nations report referencing the need to regulate transnational corporations and the release of the Zero Draft. Those years were accompanied by vibrant scholarly work and debate, as well as a significant jurisprudence, corporate engagement, and civil society discourse and activism that, cumulatively, has resulted in a much better understanding of how the once very distinct ideas of “business” and “human rights” are now merged by an ampersand. The field of business & human rights signifies the introduction of polycentric governance and law that binds businesses, sometimes softly and sometimes …
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
Articles by Maurer Faculty
A forum selection clause is a form of contractual waiver. By this device, a contract party waives its rights to raise jurisdictional or venue objections if a lawsuit is initiated against it in the chosen court. The use of such a clause in a particular case may therefore raise a set of questions under contract law. Is the waiver valid? Was it procured by fraud, duress, or other unconscionable means? What is its scope? And so on. Unlike most contractual waivers, though, a forum selection clause affects not only the private rights and obligations of the parties, but something of …
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum
Articles by Maurer Faculty
One of the boundaries that U.S. courts must observe as they adjudicate regulatory disputes is the limit on their own jurisdictional authority -authority that is measured at the level of the particular forum state. Confronting the expansion of U.S. business activity from the local to the national scale during the second half of the twentieth century, courts consciously broadened jurisdictional standards to address the expanded activities of nationwide corporate groups. Today, by contrast, as the economy continues to expand from the national to the transnational scale, the U.S. Supreme Court has begun a retrenchment. In cases decided during the past …
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Misplaced Boldness: The Avoidance Of Substance In The International Court Of Justice's Kosovo Opinion, Timothy W. Waters
Articles by Maurer Faculty
The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this document? Has it advanced a project of justice, or of law? The Opinion has done something, though not, perhaps, what it purports to do. To understand it, we must engage this cautious, crimped document in its full context-or rather, we must understand the …
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Articles by Maurer Faculty
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.
The federal courts, however, do not yet have a coherent response to the problem. They apply …
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Articles by Maurer Faculty
In the 1930s, a privately owned smelting plant in Trail, Canada was the focus of the most famous case in international environmental law: the Trail Smelter Arbitration. But the subject of that landmark case has not gone away. Over the last seventy years, the Trail smelter dumped millions of tons of mercury, arsenic, and toxic waste into the Columbia River. The dumping's effects have been felt in neighboring Washington State, where the toxic discharges have caused environmental harm. In 2003, the EPA began investigating the Washington border area for designation as a Superfund (CERCLA) site, and controversially demanded that the …
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Transitions In Ip And Antitrust, Mark D. Janis
Transitions In Ip And Antitrust, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
The Phoenix And The Perils Of The Second Best: Why Heightened Appellate Deference To Tax Court Decisions Is Undesirable, Steve R. Johnson
Articles by Maurer Faculty
In our judicial structure, both courts of general jurisdiction and specialized courts are empowered to adjudicate federal income tax controversies. A proper relationship among those courts has proved difficult to forge and maintain. Absent an enduring intellectual and political consensus, institutional arrangements have been subject to recurring question and challenge.
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David V. Snyder
Articles by Maurer Faculty
No abstract provided.
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve
When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Turkish Aid Ban: Review And Assessment, A. A. Fatouros
The Turkish Aid Ban: Review And Assessment, A. A. Fatouros
Articles by Maurer Faculty
In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …
Private Universities And Public Law, Robert M. O'Neil
Private Universities And Public Law, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Advisory Opinions In India, William D. Popkin
Advisory Opinions In India, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Articles by Maurer Faculty
No abstract provided.
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge
Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
When Is A Political Question Justiciable?, Ivan C. Rutledge
When Is A Political Question Justiciable?, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.