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Jurisdiction

2013

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Articles 1 - 30 of 102

Full-Text Articles in Law

The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant Dec 2013

The Seizure Of Abu Anas Al-Libi: An International Law Assessment, Gordon Modarai, David O'Connell, Timothy Kelly, James Farrant

International Law Studies

No abstract provided.


At Home In The Outer Limits: Daimlerchrysler V. Bauman And The Bounds Of General Personal Jurisdiction, Todd W. Noelle Dec 2013

At Home In The Outer Limits: Daimlerchrysler V. Bauman And The Bounds Of General Personal Jurisdiction, Todd W. Noelle

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, DaimlerChrysler v. Bauman, in which the Court may decide whether maintaining a wholly-owned subsidiary in a forum state can render a foreign parent corporation "essentially at home" in that state, thereby permitting the forum state to exercise general personal jurisdiction over the parent corporation.


Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan Dec 2013

Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan

Duke Journal of Constitutional Law & Public Policy Sidebar

This commentary previews an upcoming Supreme Court case, Atlantic Marine v. J-Crew, in which the Court may clarify a circuit split regarding the enforceability of forum-selection clauses by deciding which procedure should govern the enforcement of these clauses and which party carries the burden of proof in these disputes.


Jurisdiction Revisited: The Inherent Supervisory Power Of The Courts To Review Administrative Decisions - The Case Of R (Ignaoua) V Sshd [2013] Ewca Civ 1498, Patrick Matthew Hassan-Morlai Dec 2013

Jurisdiction Revisited: The Inherent Supervisory Power Of The Courts To Review Administrative Decisions - The Case Of R (Ignaoua) V Sshd [2013] Ewca Civ 1498, Patrick Matthew Hassan-Morlai

Patrick Matthew Hassan-Morlai

The Court of Appeal handed down its decision in R (Ignaoua) v SSHD on 21 November. Ignaoua emphasizes that Parliament does not purport to remove the court’s jurisdiction to entertain judicial review proceedings under Section 15 of the Justice and Security Act 2013. This paper argues that the provisions in both the primary and secondary legislation in Ignaoua are clear enough to convey Parliament’s intention to give the Home Secretary the power to terminate judicial review proceedings or appeal from judicial review proceedings relating to a direction to exclude a foreign national from the United Kingdom. However, the Court of …


Taxing Citizens In A Global Economy, Michael S. Kirsch Nov 2013

Taxing Citizens In A Global Economy, Michael S. Kirsch

Michael Kirsch

This Article addresses a fundamental issue underlying the U.S. tax system in the international context: the use of citizenship as a jurisdictional basis for imposing income tax. As a general matter, the United States is the only economically developed country that taxes its citizens abroad on their foreign income. Despite this broad general assertion of taxing jurisdiction, Congress allows citizens abroad to exclude a limited amount of their income earned from working outside the United States. Influential lobbying groups, including businesses that employ significant numbers of U.S. citizens abroad, argue that this exclusion is necessary in order to keep American …


United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurule Nov 2013

United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurule

Jimmy Gurule

No abstract provided.


Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel Nov 2013

Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel

Douglass Cassel

No abstract provided.


The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia Oct 2013

The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia

Anthony J. Bellia

Article III of the Constitution provides that the judicial Power of the United States extends to all cases arising under the Constitution, laws, and treaties of the United States. What the phrase arising under imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III arising under jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of arising under jurisdiction. Second, it explains how participants in the framing and ratification of the Constitution understood arising …


Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal Oct 2013

Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal

Jennifer Daskal

In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …


Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor Oct 2013

Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor

Jonathan I. Ezor

Current privacy law and best practices assume that the party collecting the data is able to describe and disclose its practices to those from and about whom the data are collected. With emerging technologies such as Google Glass, the information being collected by the wearer may be automatically shared to one or more third parties whose use may be substantially different from that of the wearer. Often, the wearer may not even know what information is being uploaded, and how it may be used. This paper will analyze the current state of U.S. law and compliance regarding personal information collection …


"Standing" In The Shadow Of Erie: Federalism In The Balance In Hollingsworth V. Perry, Glenn Koppel Aug 2013

"Standing" In The Shadow Of Erie: Federalism In The Balance In Hollingsworth V. Perry, Glenn Koppel

Glenn Koppel

Abstract “Standing” in the Shadow of Erie: Federalism in the Balance in Hollingsworth v. Perry In Hollingsworth v. Perry, one of the two same-sex marriage cases decided by the Supreme Court in 2013, the Court declined to address the constitutionality of California’s Proposition 8, finding that the initiative proponents lacked standing to appeal the district court’s judgment declaring the proposition unconstitutional and enjoining its enforcement. Since the State’s Governor and Attorney General declined to appeal, the proponents sought to assert the State’s particularized interest in the proposition’s validity. State law, as interpreted by the California Supreme Court, grants authority to …


Fetal Research: The Question In The States, Charles H. Baron Aug 2013

Fetal Research: The Question In The States, Charles H. Baron

Charles H. Baron

This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.


The Battle For The Soul Of International Shoe, Eric H. Schepard Aug 2013

The Battle For The Soul Of International Shoe, Eric H. Schepard

Eric H Schepard

In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …


Improving Parity In Personal Jurisdiction And Judgment Enforcement In International Cases: A Domestic Proposal To Help Revive The Hague Judgments Convention, Eric Porterfield Aug 2013

Improving Parity In Personal Jurisdiction And Judgment Enforcement In International Cases: A Domestic Proposal To Help Revive The Hague Judgments Convention, Eric Porterfield

Eric Porterfield

Two aspects of American law inadvertently discriminate against American consumers and businesses to the benefit of foreign nationals. Restrictive personal jurisdiction rules often prevent American courts from exercising jurisdiction over foreign nationals on the grounds that they lack sufficient “contact” with the forum. Foreign product manufacturers can use this to their advantage, structuring their business dealings to take advantage of confusing constitutional constraints on personal jurisdiction, reducing, if not eliminating, the risk of potential tort liability in American courts, often leaving American consumers without a remedy and disadvantaging American businesses. American companies, in contrast, cannot avoid American tort law at …


The Concept Of Objectivity In The Uk Supreme Court Through A Comparative Looking Glass, Vito Breda Jul 2013

The Concept Of Objectivity In The Uk Supreme Court Through A Comparative Looking Glass, Vito Breda

Vito Breda

This essay reports on the result of hermeneutical research entitled Objectivity in the UK Judicial Discourse. The concept of objectivity generates a plurality of analysis. For instance, in legal theory, MacCormick suggests the possibility of an objective interpretation of cases. Objectivity in the UK Judicial Discourse focuses on the interpretation of the concept by common law judges. In particular, the project sought to map out the cluster of interpretations (and arguments derived therefrom) on the concept of objectivity by the House of Lords and the UK Supreme Court. The result of the study shows that within UK law there …


A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass Jul 2013

A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass

University of Arkansas at Little Rock Law Review

No abstract provided.


Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring Jul 2013

Commerce And Tradition As Gatekeepers Of Admiralty: Falsity And Futility, Graydon S. Staring

Graydon S. Staring

The use of traditional maritime activity and disruption of maritime commerce as conditions of admiralty tort jurisdiction has no foundation in history or jurisprudence. They conflict with understandings and positive legislation of Congress and cause confusion and fruitless litigation about their meanings and application.


„Zuerst Schlichten, Dann Richten“: O Modelo Suíço De Solução De Litígios Pré-Processual É Adequado Para O Brasil?, Nelson Rodrigues Netto Jul 2013

„Zuerst Schlichten, Dann Richten“: O Modelo Suíço De Solução De Litígios Pré-Processual É Adequado Para O Brasil?, Nelson Rodrigues Netto

Nelson Rodrigues Netto

Dieser Aufsatz analysiert die Schlichtung und die Mediation in der Schweizerische Zivilprozessordnung.


Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin Jul 2013

Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin

Craig Martin

For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …


House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht Jul 2013

House Republicans Add Insult To Native Women’S Injury, Ryan Devreskracht

University of Miami Race & Social Justice Law Review

No abstract provided.


Interagency Litigation And Article Iii, Joseph Mead Jul 2013

Interagency Litigation And Article Iii, Joseph Mead

All Maxine Goodman Levin School of Urban Affairs Publications

Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …


With Apologies To Paxton Blair, Peter B. Rutledge Jul 2013

With Apologies To Paxton Blair, Peter B. Rutledge

Scholarly Works

Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly …


The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson Jun 2013

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …


Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green Jun 2013

Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green

Michael S. Green

No abstract provided.


Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp Jun 2013

Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp

Missouri Law Review

In 2011, the Eastern District of the Missouri Court of Appeals summarized and clarified the issue of which court has jurisdiction to determine jurisdiction. After Cooper v. Chrysler Group, LLC, it is clear that a Missouri circuit court must yield to the Commission when the jurisdiction-determining issue is one of fact. However, a circuit court can nevertheless review jurisdictional issues of law. An important question remains, however: will a circuit court distinguish between issues of fact and issues of law if an affirmative defense is not timely raised by the employer?


Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden Jun 2013

Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden

Missouri Law Review

Part II examines this provision, including its impetus. Part III considers J.C.W.’s exposition of jurisdiction and focuses on its contention that the Missouri Constitution necessarily excludes statutory restrictions on the judiciary’s exercise of subject matter jurisdiction. Part IV closely examines McCracken’s application of J.C.W.’s analysis to the issue of exclusive administrative remedies and agency jurisdiction. Finally, Part V suggests alternative analyses that maintain exclusive remedies for workers’ compensation and other administrative agencies while preserving the circuit courts’ plenary subject matter jurisdiction.


'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas May 2013

'Rogue States' Within American Borders: Remedying State Noncompliance With The International Covenant On Civil And Political Rights, Margaret S. Thomas

Margaret S. Thomas

Nearly a decade after the United States ratified the International Covenant on Civil and Political Rights, the treaty's implementation is incomplete. A complex maze of reservations, understandings, and declarations has hindered domestic implementation, as has Congress 's failure to pass national implementing legislation. Almost every state in the Union has laws that violate the Covenant. For example, the treaty requires that in criminal matters, juveniles must be tried in a manner that takes account of their age. Nevertheless, California and many other states frequently treat minors as adults in such matters. Because the Senate declared the treaty to be non-self-executing, …


Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret Thomas May 2013

Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret Thomas

Margaret S. Thomas

The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …


Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne May 2013

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.


The Federal Circuit As A Federal Court, Paul Gugliuzza May 2013

The Federal Circuit As A Federal Court, Paul Gugliuzza

Faculty Scholarship

The U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction over patent appeals and, as a consequence, the last word on many legal issues important to innovation policy. This Article shows how the Federal Circuit augments its already significant power by impeding other government institutions from influencing the patent system. Specifically, the Federal Circuit has shaped patent-law doctrine, along with rules of jurisdiction, procedure, and administrative law, to preserve and expand the court’s power in four interinstitutional relationships: the court’s federalism relationship with state courts, its separation of powers relationship with the executive and legislative branches, its vertical …