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- Civil procedure; internet; personal jurisdiction; multidistrict litigation (1)
- Inc. taxpayer; tax collector; Complete Auto test; Tax Injunction Act; safe harbor; in personam jurisdiction; Burger King Corp. v. Rudzewicz; virtual presence; Public Law 86-272; brick-and-mortar; (1)
- Inc. v. Brady; forbidden effect; substantial nexus; Pike v. Bruce Church (1)
- Inc. v. City of Valdez; Complete Auto Transit (1)
- Inc. v. Department of Revenue of Illinois; commerce clause; S.B. 106; Congress; Kansas; Constitution; retailer; Polar Tankers (1)
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- South Dakota; interstate commerce; due process; tax; sales tax; use tax; Supreme Court; Wayfair; physical presence; Quill Corp. V. North Dakota; National Bellas Hess (1)
- Sovereignty; jurisdiction; territoriality; data; technology; international law; state; border; elasticity; cross-border; transfer; regulations; privacy; China; European Union; United States; governance; conceptualization; theory; extraterritoriality; globalization; boundaries; GDPR; protection; digital; MLAT; internet; server; controller; processor; comparative; analysis; Cybersecurity Law; location; localization; infrastructure; network; transnational; CJEU; electronic evidence; provider; communication; CLOUD Act; SCA; DPD; reterritorization; representative; scope; mechanism; approach; dimension; cyberspace; Balkanization; fragmentation; conception; configuration; information; authority; political (1)
Articles 1 - 3 of 3
Full-Text Articles in Internet Law
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Data Governance And The Elasticity Of Sovereignty, Roxana Vatanparast
Brooklyn Journal of International Law
Traditionally, the world map and territorially bounded spaces have dominated the ways in which we imagine how states govern, make laws, and exercise their authority. Under this conception, reflected in traditional international law principles of territorial sovereignty, each state would have exclusive authority to govern and make laws over everything concerning the land within its borders. Yet developments like the proliferation of data flows, which are based on divisible, mobile, and interconnected components of data, are not territorially bounded. This presents a challenge to the traditional bases for territorial sovereignty and jurisdiction under international law, which some scholars claim is …
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Brooklyn Law Review
Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises out of …
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law
For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …