Jurisdiction Commons^™

Holding Corporations To Account. Crafting Ats Suits In The Uk, Simon J. Baughen

Simon J Baughen

This is an updated version of the existing publication which has been amended in the light of the decision of the US Supreme Court on 17 April 2013 in Kiobel. It will be published in the Fall 2013 edition of the British Journal of American Legal Studies

Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky

Todd Grabarsky

The legal status of medical marijuana in the United States is something of a paradox. On one hand, federal government has placed a ban on the drug with no exceptions. On the other hand, over one-third of the states have that legalizes the cultivation, distribution, and consumption of the drug for medical purposes. As such, the usage of medical marijuana is an activity that is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented nebulous zone of legality in …

Three-Dimensional Sovereign Immunity, Sarah L. Brinton

Sarah L Brinton

The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.

Deciding Who Decides: Searching For A Deference Standard When Agencies Preempt State Law, John R. Ablan

John R Ablan

When a federal agency determines that the statute that it administers or regulations it has promulgated preempt state law, how much deference must a federal court give to that determination? In Wyeth v. Levine, the Supreme Court expressly declined to decide what standard of deference courts should apply when an agency makes a preemption determination pursuant to a specific congressional delegation to do so. Under this circumstance, this Article counsels against applying any single deference standard to an agency’s entire determination. Instead, it observes that preemption determinations are a complex inquiry involving questions of federal law, state law, and …

Too Much Process, Not Enough Service: International Service Of Process Under The Hague Service Convention, Eric Porterfield

Eric Porterfield

Service of process under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is too costly, time consuming, and unreliable. The Hague Service Convention’s defining feature – the Central Authority system – adds unwarranted expense and delay to the already expensive and protracted process of civil litigation. Worse, however, is the fact that the Central Authority completely fails to effect service on a foreign party in a significant percentage of cases. For decades, courts and commentators have argued over whether the Hague Service Convention actually permits litigants to sidestep the …

Investment Dispute Resolution Under The Transpacific Partnership Agreement: Prelude To A Slippery Slope?, Leon E. Trakman Professor

Leon E Trakman Dean

Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement [TPPA], led by the United States. The TPPA will be the largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is little understanding of the complex issues involved in regulating inbound and outbound investment. The negotiating of the TPPA is shrouded in both mystery and dissension among negotiating countries. NGOs, investor and legal interest groups heatedly debate how the TPPA ought to regulate international investment. However this dissension is resolved, it will have enormous economic, political and …

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

Privacy, Transparency & Google's Blurred Glass, Jonathan I. Ezor

Jonathan I. Ezor

No matter the context or jurisdiction, one concept underlies every view of the best practices in data privacy: transparency. The mandate to disclose what personal information is collected, how it is used, and with whom and for what purpose it is shared, is essential to enable informed consent to the collection, along with the other user rights that constitute privacy best practices. Google, which claims to support and offer transparency, is increasingly opaque about its many products and services and the information they collect for it, posing a significant privacy concern.

Beyond Uniqueness: Reimagining Tribal Courts' Jurisdiction, Katherine J. Florey

Katherine J. Florey

If there is one point about tribal status that the Supreme Court has stressed for decades if not centuries, it is the notion that tribes as political entities are utterly one of a kind. This is to some extent reasonable; tribes, unlike other governments, have suffered the painful history of colonial conquest, making some distinctive treatment eminently justifiable. But recent developments have demonstrated to many tribes that uniqueness has its disadvantages. In the past few decades, the Supreme Court has undertaken a near-complete dismantling of tribal civil jurisdiction over nonmembers. Under current law, tribes have virtually no authority to permit …

Egypt's Legal System, Mohamed Raffa

Mohamed Raffa Dr.

The Egyptian legal system is built on the combination of Islamic (Shariah) law and Napoleonic Code, which was first introduced during Napoleon Bonaparte’s occupation of Egypt and the subsequent education and training of Egyptian jurists in France.

Teaching U.S. V. Windsor: The Defense Of Marriage Act And Its Constitutional Implications, Corey A. Ciocchetti

Corey A Ciocchetti

Students are captivated by contemporary, high-profile Supreme Court cases. They recognize the litigants featured on the news, they debate the public policy, sociological and other real world implications of the arguments in school and their peers and parents prod them to discuss their opinions outside of class. I incorporate very recent and noteworthy Supreme Court cases in my legal studies courses with great success. My students are more engaged and prepared than when I assign a textbook chapter (students would rather track the law as it develops in real time). They tend to recall the arguments and legal theories well …

Teaching The U.S. V. Windsor Same Sex Marriage/Equal Protection/Doma Case, Corey A. Ciocchetti

Corey A Ciocchetti

The same sex marriage cases are proving to be the hottest of topics during a very eventful Supreme Court term. The U.S. v. Windsor case is a fitting vehicle to cover the topic. These slides help tell the story and can be used to teach the case as well as important constitutional law issues such as: (1) equal protection, (2) federalism, (3) executive discretion to defend federal laws, (4) incorporation and more.

Article Iii: Cases & Controversies - Teaching The Already V. Nike Case, Corey A. Ciocchetti

Corey A Ciocchetti

Nike is the market leader selling athletic shoes worldwide. Already markets its products to a smaller segment of the athletic shoe market. These two companies battled at the intersection of the intellectual property, federal court jurisdiction and constitutional law. These slides help teach the Already v. Nike Supreme Court case. These slides cover issues such as Article III cases & controversies, intellectual property rights in trademarks and patents as well as mootness and standing doctrines.

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

Breves Notas Sobre El Neoconstitucionalismo, Jhonathan Avila Romero

Jhonathan Avila Romero

El presente trabajo aborda las acepciones del neoconstitucionalismo.

Pitfalls And Promises Of Social Media And Mobile Lawyering, Jonathan I. Ezor

Jonathan I. Ezor

No abstract provided.

Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.

Mental Budget: Inefficient Clauses Or Consumer Choices?, Enrico Baffi

enrico baffi

In this paper I aim to demonstrate that due the phenomenon of consumer mental accounting, it's not possible to consider money as fungible. Consumers decide to spend a certain amount of money for a kind of good and they are not willing to take some extra money from the jars that contain the money to spend for other goods. But consumers seem to have a sort of reserve which encompass efforts, time, and the possibility to bear risk that they use to save money and obtain a lower price for a good. To explain, a good can be delivered at …

Efficient Penalty Clauses With Debiasing: Lessons From Behavioral Law And Economics, Enrico Baffi

enrico baffi

This paper builds upon the findings of cognitive psychology to revisit the prescriptive solutions proposed in the legal literature with respect to efficient penalty clauses. While refraining from generalizations regarding human behaviour, generalizations that might lead to positions quite removed from reality and in part ideological, as was the case with rational choice theory, the paper instead seeks to distinguish one situation from another in order to identify the existence of decision debiasing mechanisms capable of justifying - in the case of the set of rules in question - hypotheses in which lesser control over the penalty clause would be …

Mental Budget And Inefficient Clauses: A Lesson From Behavioral Law Nand Economics, Enrico Baffi

enrico baffi

This paper is an attempt to highlight how clauses, which are traditionally considered to be inefficient, may actually be desired by consumers. This anomaly originates in the fact that each individual builds a mental budget by dividing the money he has among the needs he intends to satisfy. According to consumers’ reasoning, money is not fungible, in the sense that amounts cannot be transferred from one expenditure to another. Consumers who behave in this way may sometimes find that they have depleted the amount they budgeted for an item while wanting to buy more of it. Since additional time, efforts …

Un Garantismo En Tensión. La Primera Integración Del Tepjf Y El Control Jurisdiccional De La Vida Interna De Los Partidos Políticos, Javier Martín Reyes

Javier Martín Reyes

A Guarantism in Tension. The First TEPJF and the Judicial Review of the Parties’ Internal Life

Between 1997 and 2003, in a series of relevant cases, the first Electoral Court of the Federal Judicial Branch (TEPJF) gradually increased its capacity to adjudicate intraparty disputes. Over time, several authors have argued that these cases were inspired by the judicial doctrine developed by Luigi Ferrajoli, the “guarantism” (garantismo). However, this literature rarely provides evidence to show that the opinions of the TEPJF were consistent with this judicial doctrine. Precisely, this paper seeks to evaluate the decisions of the Electoral Court based upon …

El Tribunal De Los Militantes: El Control Judicial De Los Conflictos Intrapartidistas En México, Javier Martín Reyes

Javier Martín Reyes

The Party Members’ Court: Judicial Control over Intraparty Disputes in Mexico.

This paper explains how the Electoral Court of the Federal Judicial Branch (TEPJF) of Mexico, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the TEPJF from …

Square Pegs And Round Holes: Mexico, Drugs, And International Law, Craig A. Bloom

Craig A Bloom

The drug-related violence in Mexico has become so ubiquitous that President Calderon is using the Mexican Army to fight the drug cartels. This paper argues that this situation rises to the level of a non-international armed conflict and discusses the international legal obligations and rights that arise from that designation under international humanitarian law. It then proposes several means of ensuring compliance with these rights and obligations.

Under international humanitarian law, to qualify as a non-international armed conflict, there must be protracted armed violence involving at least one sufficiently organized non-state party. This requirement does not give any guidance on …

Ordinamento Sportivo E Risarcimento Del Danno: Di Giurisdizioni Azzoppate, Monstra Logici Ed Altre Amenità Dottrinali, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Azioni Di Risarcimento Del Danno Da Prodotti Finanziari E Competenza Giurisdizionale, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Translation To Portuguese Of "The Construction Of Constitutional Rights", By Robert Alexy, Silvio Roberto Oliveira De Amorim Junior

Silvio Roberto Oliveira de Amorim Junior

It is a translation made as a conclusion work for the discipline “Direito Administrativo, Constitucionalismo e Cidadania”, offered in the Masters in Law´s Course at “Universidade Federal de Sergipe”, and presented by Ph. D. Henrique Ribeiro Cardoso. The translation is about an article written by jurisconsult and philosopher Robert Alexy, published in The Berkeley Electronic Press, in the year of 2010, by means of which comment the construction of constitutional rights and its characteristic eminently related to principles. The article alludes, as well, to the use of proportionality, with special approach to the Weight Formula and to the happening of …