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Articles 1 - 17 of 17
Full-Text Articles in Law
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Human Rights & Human Welfare
The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
The Rooker-Feldman Doctrine: What Does It Mean To Be Inextricably Intertwined?, Allison B. Jones
Duke Law Journal
No abstract provided.
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
The Proliferation Security Initiative In The Maritime Domain, Stuart Kaye
International Law Studies
No abstract provided.
Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman
Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman
Federal Communications Law Journal
No abstract provided.
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Northern Illinois University Law Review
This article discusses the Supreme Court's controversial Rasul v. Bush decision--a case dealing with the ability of the federal courts to entertain the habeas petitions filed by terrorist suspects detained at Guantanamo Bay, Cuba. The article seeks to make four contributions. First, it argues that the Supreme Court has misinterpreted its own precedent in its interpretation of the territorial reach of the habeas corpus statute. Secondly, it argues that the Court misread the historical record pertaining to the territorial reach of the writ of habeas corpus--which antedated the adoption of the Constitution and was explicitly engrafted into the text of …
Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie
Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie
Duke Environmental Law & Policy Forum
No abstract provided.
A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland
A One-Two Punch To Forum Shopping: Recent Judicial And Legislative Amendments To South Carolina's Corporate Venue Jurisprudence, Steven B. Mcfarland
South Carolina Law Review
No abstract provided.
The Rise And Fall Of Patent Law Uniformity And The Need For A Congressional Response, Scott Cole
The Rise And Fall Of Patent Law Uniformity And The Need For A Congressional Response, Scott Cole
Chicago-Kent Law Review
Congress established the Federal Circuit Court of Appeals a quarter century ago to create uniformity in the field of patent law. By significantly limiting the appellate jurisdiction of the Federal Circuit in patent related cases, the recent decision of Holmes v. Vornado in the United States Supreme Court makes this goal an impossibility. This Article addresses the purposes of uniformity in patent law, the ramifications of the limited jurisdiction of the Federal Circuit, and concludes with a proposed Congressional response designed to withstand a future appeal to the Supreme Court.
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
William & Mary Bill of Rights Journal
No abstract provided.
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung
ILSA Journal of International & Comparative Law
The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt
ILSA Journal of International & Comparative Law
The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Federal Communications Law Journal
In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property …
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Naked Came I: Jurisdiction-Stripping And The Constitutionality Of House Bill 3313, Jason J. Salvo
Seattle University Law Review
In his law review article, Professor Henry Hart responded to the questions of whether Congress had unlimited control of federal jurisdiction and whether this control was consistent with other provisions in the Constitution. Though Professor Hart's article has been widely debated, his overarching thesis is generally accepted: Congress' power to restrict Supreme Court jurisdiction is bound by the requirement that the Court's “essential functions” may not be trammeled, but Congress' power to restrict lower federal court jurisdiction is broad. This Comment will build on Professor Hart's thesis, arguing that the essential functions of the federal judiciary are broader than what …
General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins
General Jurisdiction And Internet Contacts: What Role, If Any, Should The Zippo Sliding Scale Test Play In The Analysis?, Eric C. Hawkins
Fordham Law Review
No abstract provided.
Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene
Employee Threshold On Federal Antidiscrimination Statutes: A Matter Of The Merits, Christine Neylon O'Brien, Stephanie Greene
Kentucky Law Journal
No abstract provided.
A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon
A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon
St. Mary's Law Journal
Several Texas Supreme Court Justices have recently criticized Texas’s appellate justice system for its failure to provide consistency and the unfairness it produces, namely how litigants are treated differently despite the identical factual circumstances. Despite the warnings of various Texas Justices, neither the Texas Supreme Court nor the Texas Legislature have done much to rectify the lack of uniform justice received by Texas litigants. Most of the proposals to reform the Texas appellate justice systems’ unfairness have focused exclusively on structural changes. While structural changes could help reduce inconsistent “justice”, these reforms fail to address the main substantive problem—Texas’s weak …
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Northwestern Journal of International Law & Business
As an introduction to the issue of Internet tort jurisdiction, Part I will recount the Yahoo! case, the most divisive case on the issue recently. Parts II and III will give an overview of the current law on Internet tort jurisdiction in two different legal systems: the United States and Germany. They will show that several recent cases in both countries have applied targeting approaches as advocated by Michael Geist and Rufus Pichler. However, insecurity remains and jurisprudence is far from consistent. Part IV will argue that insecurity about Internet jurisdiction could be reduced significantly if countries were to commit …