Open Access. Powered by Scholars. Published by Universities.®

Jurisdiction Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 2502

Full-Text Articles in Jurisdiction

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge Dec 2017

Personal Jurisdiction And Aliens, Scott Dodson, William Dodge

Scott Dodson

The increasing prevalence of noncitizens in U.S. civil litigation raises a fundamental question for the doctrine of personal jurisdiction: how should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal jurisdiction, in cases like Bristol-Myers Squibb v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of alienage personal jurisdiction. Under this theory, alienage status broadens the geographic range for minimum contacts from a single state to the whole nation. This ...


United States V. Osage Wind, Llc, Summer Carmack Dec 2017

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl Dec 2017

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Faculty Publications

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one ...


Retiring Forum Non Conveniens, Maggie Gardner Nov 2017

Retiring Forum Non Conveniens, Maggie Gardner

Maggie Gardner

When it comes to transnational litigation in the federal courts, it is time to retire the doctrine of forum non conveniens. The doctrine, which allows judges to decline jurisdiction in cases they believe would be better heard in foreign courts, is meant to promote international comity and protect defendant fairness. But it is not well-designed for the former purpose, and given recent developments at the Supreme Court, it is dangerously redundant when it comes to the latter. This Article seeks to demythologize forum non conveniens, to question its continuing relevance, and to encourage the courts and Congress to narrow its ...


The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald Nov 2017

The Expansion Of Charitable Choice, The Faith Based Initiative, And The Supreme Court's Establishment Clause Jurisprudence, Steven Fitzgerald

The Catholic Lawyer

No abstract provided.


Sovereign Preemption State Standing, Jonathan Remy Nash Nov 2017

Sovereign Preemption State Standing, Jonathan Remy Nash

Northwestern University Law Review

When does a state have standing to challenge the Executive Branch’s alleged underenforcement of federal law? The issue took on importance during the Obama Administration, with “red states” suing the Executive Branch over numerous issues, including immigration and health care. The question of state standing has already appeared in important litigation during the first months of the Trump Administration, only with the political orientation of the actors reversed.

This Article argues in favor of sovereign preemption state standing, under which a state would enjoy Article III standing to sue the federal government when (1) the federal government preempts state ...


The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez Sep 2017

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but ...


Legislative Proposals To Curtail The Jurisdiction Of The Federal Courts, Honorable Peter J. Rodino Sep 2017

Legislative Proposals To Curtail The Jurisdiction Of The Federal Courts, Honorable Peter J. Rodino

The Catholic Lawyer

No abstract provided.


Legislative Curtailment Of Jurisdiction Of Federal Courts, Angelo Aiosa, Esq. Sep 2017

Legislative Curtailment Of Jurisdiction Of Federal Courts, Angelo Aiosa, Esq.

The Catholic Lawyer

No abstract provided.


Milky Whey, Inc. V. Dairy Partners, Llc: Transacting Business Under Montana’S Long-Arm Statute To The Full Constitutional Limit, Victoria Dettman Sep 2017

Milky Whey, Inc. V. Dairy Partners, Llc: Transacting Business Under Montana’S Long-Arm Statute To The Full Constitutional Limit, Victoria Dettman

Montana Law Review

Milky Whey, Inc. v. Dairy Partners, LLC: Transacting Business Under Montana’s Long-Arm Statute to the Full Constitutional Limit


Piracy Prosecutions In National Courts, Maggie Gardner Aug 2017

Piracy Prosecutions In National Courts, Maggie Gardner

Maggie Gardner

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the ...


Rjr Nabisco And The Runaway Canon, Maggie Gardner Aug 2017

Rjr Nabisco And The Runaway Canon, Maggie Gardner

Maggie Gardner

In last Term’s RJR Nabisco, Inc. v. European Community, the Court finished transforming the presumption against extraterritoriality from a tool meant to effectuate congressional intent into a tool for keeping Congress in check. In the hands of the RJR Nabisco majority, the presumption has become less a method for interpreting statutes than a pronouncement on the proper scope of access to U.S. courts, a pronouncement that Congress must labor to displace. Besides the worrisome implications for separation of powers, the majority’s opinion was also disappointing on practical grounds. By applying the presumption too aggressively, the Court missed ...


Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck Aug 2017

Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck

Amanda Leiter

No abstract provided.


Context At The International Criminal Court, Hassan Ahmad Aug 2017

Context At The International Criminal Court, Hassan Ahmad

Pace International Law Review

In this article, I propose a contextual approach to ICC jurisdiction normatively to be adopted by the Court’s Office of the Prosecutor and Pre-Trial Chamber in investigating and eventually prosecuting crimes under the Rome Statute. Under this contextual approach, I contend that both the Prosecutor and Pre-Trial Chamber are able to consider evidence outside the traditional notions of territorial and temporal jurisdiction to conceptualize a conflict in its entirety. The totality of cross-border and inter-temporal evidence should be considered when deciding whether to investigate attacks that the Prosecutor has a reasonable basis to believe fall within the Court’s ...


Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson Aug 2017

Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson

Arbitration Law Review

No abstract provided.


Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff Aug 2017

Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff

New York University Law and Economics Working Papers

We consider the emergent practice of including clauses in corporate certificates of incorporation or bylaws that specify an exclusive legal forum for lawsuits. According to their proponents and most courts that have considered the question, such forum-terms are, and should be, enforceable as contractual choice-of-forum provisions. We argue that treating corporate charter and bylaw forum-terms as a matter of ordinary contact doctrine is neither logical nor justified. Because charters and bylaws involve the state in ways that are at odds with private-ordering principles and because they entail only a limited form of “consent,” an analysis of enforceability must account for ...


Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel Jul 2017

Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel

Andrew Chin

28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result ...


Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel Jul 2017

Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel

Michael W. Carroll

28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result ...


Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser Jul 2017

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen Jun 2017

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad Deveaux Jun 2017

One Toke Too Far: The Demise Of The Dormant Commerce Clause's Extraterritoriality Doctrine Threatens The Marijuana-Legalization Experiment, Chad Deveaux

Boston College Law Review

This Article argues that the pending feuds between neighboring states over marijuana decriminalization demonstrate the need for a strict doctrine limiting a state’s regulatory authority to its own borders. Precedent recognizes that the dormant Commerce Clause (“DCC”) “precludes the application of a state statute to commerce that takes place wholly outside the State’s borders, whether or not the commerce has effects within the State.” This prohibition protects “the autonomy of the individual States within their respective spheres” by dictating that “[n]o state has the authority to tell other polities what laws they must enact or how affairs ...


Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin Jun 2017

Policy, Preemption, And Pot: Extra-Territorial Citizen Jurisdiction, Gabriel J. Chin

Boston College Law Review

In contemporary America, legislators send messages about values through symbolic legislation and lawsuits. One conflict is between states where marijuana is legal and others that continue to ban it. This Article evaluates what might happen if anti-marijuana states made it illegal for their citizens to purchase or use marijuana, borrowing a page from the playbook of activists opposed to reproductive choice who propose that if Roe v. Wade is overturned, individuals could be prohibited from traveling to another state for the purpose of obtaining an abortion. Although such laws would be hard to enforce, they still present important questions of ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit Jun 2017

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Reconceptualizing Federalism, Erwin Chemerinsky Jun 2017

Reconceptualizing Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jun 2017

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Jun 2017

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky Jun 2017

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Adverse Interests And Article Iii, Ann Woolhandler Jun 2017

Adverse Interests And Article Iii, Ann Woolhandler

Northwestern University Law Review

In an important article in the Yale Law Journal, James Pfander and Daniel Birk claim that adverseness is not required by Article III for cases arising under federal law. This Article takes the position that Pfander and Birk have not made the case for reconsidering adversity requirements for Article III cases. Adverseness may be present when there is adversity of legal interests, even when adverse argument is not present. From this perspective, a number of Pfander and Birk’s examples of non-contentious jurisdiction manifested adverseness. In rem-type proceedings such as bankruptcy and prize cases required the determination of adverse interests ...


Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk Jun 2017

Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk

Northwestern University Law Review

Scholars and jurists have long sought an explanation for why the Framers of Article III distinguished “Cases” from “Controversies.” In a previous article that cataloged the exercise of federal jurisdiction over uncontested matters, such as pension claims, warrant applications, and naturalization proceedings, we tried to provide an answer to this question. We suggested that, at least as to “cases” arising under federal law, the federal courts could exercise what Roman and civil lawyers called non-contentious jurisdiction or, in the words of Chief Justice Marshall, could hear uncontested claims of right in the form prescribed by law. As for “controversies,” by ...