Law Commons^™

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King

Vanderbilt Law Review

Native American tribes present unique problems to American jurisprudence and governance. Unquestionably subject to federal control on some levels, they have maintained the "inherent powers of a limited sovereignty" over internal affairs.' While both the Supreme Court and Congress have recognized this sovereignty, specific Congressional mandate can abrogate it at any time. This Note addresses the question of whether Congress has mandated federal jurisdiction over all serious crimes committed by Indians against other Indians on tribal land.

The story is long and complicated, with its beginnings in the 1883 Supreme Court case Ex parte Crow Dog, in which the Court …

Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring

Graydon S. Staring

When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …

Protecting The Digital Consumer: The Limits Of Cyberspace Utopianism, John Rothchild

Indiana Law Journal

No abstract provided.

Crow Tribe, Montana & Us Compact Of 1999, Montana

Native American Water Rights Settlement Project

Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …

False Alarm?, Henry H. Perritt, Jr., Margaret G. Stewart

Federal Communications Law Journal

No abstract provided.

The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman

Vanderbilt Law Review

Recent years have witnessed a modest but expanding Supreme Court effort to return the national government to its structural first principles.' Foremost among these is that federal power, although vast, is neither inherent nor unbounded, but consists only of that granted by the Constitution. In 1998, the Court remained steadfast to this precept, thwarting yet another attempt by a federal branch to exceed its limited and enumerated constitutional powers. This time, however, the perpetrator was none other than the Article IH judiciary itself. In Steel Co. v. Citizens for a Better Environment, the Court formally denounced the federal court practice …

The Diverse Nature Of Admiralty Jurisdiction, Steven F. Friedell

Saint Louis University Law Journal

No abstract provided.

Anti-Piracy Law In The Year Of The Ocean: Problems And Opportunity, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

This is an appropriate, if perhaps unexpected, coda to a centennium which feathured [irate expert Philip Gosse's optimistic assertion that "[t]he end of piracy, after centuries, was brought about by public feeling, backed up by the steam-engine and telegraph."

Law Of The Sea Dispute Settlement: Past, Present, And Future, John E. Noyes

ILSA Journal of International & Comparative Law

For some, the vision of international courts able to issue binding rules of decision and clarify the meaning of rules of international law has had great pull.

Preventing Asia Type Crises: Who, If Anyone, Should Have Jurisdiction Over International Capital Movement?, Betty Whelchel

ILSA Journal of International & Comparative Law

Thank you, Cynthia, for the opportunity to be on this very distinguished panel.

Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont

Cornell Law Review

No abstract provided.

Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson

American Indian Law Review

No abstract provided.

A Prevention Model Of Juvenile Justice: The Promise Of Kansas V. Hendricks For Children, Christopher Slobogin, Mark R. Fondacaro, Jennifer L. Woolard

Vanderbilt Law School Faculty Publications

The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, the State could forego the substantive and procedural requirements associated with the adult system of criminal punishment. As an historical and conceptual matter, however, the parens patriae power justifies intervention only for the good of the subject, not for society as a whole. " From the outset, then, the image of the juvenile delinquency system as a manifestation of the State acting as "parent" was an implausible one. This …

It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman

Maryland Journal of International Law

No abstract provided.

The Burden Of Proving Jurisdiction Under The Federal Tort Claims Act: A Uniform Approach To Allocation, Ugo Colella, Adam Bain

Fordham Law Review

No abstract provided.

A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Arkansas Supreme Court And The Civil War, L. Scott Stafford

Faculty Scholarship

No abstract provided.

Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.

Judicial Review, Michael Herz

Articles

No abstract provided.