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Articles 1 - 14 of 14
Full-Text Articles in Jurisdiction
The Erie Doctrine: A Flowchart, Michael S. Green
The Erie Doctrine: A Flowchart, Michael S. Green
Faculty Publications
No abstract provided.
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
William & Mary Law Review
Intentional misconduct frequently has extraterritorial consequences. Terrorist attacks, toxic pollution, civil rights violations, and other intentional torts can cause harm within a state despite originating outside the state. Those harms raise a vexing constitutional question: when do the local effects of intentional wrongdoing authorize personal jurisdiction over a defendant whose conduct occurred outside the forum? The answer has several significant implications. Granting or denying jurisdiction can support or undermine regulatory interests by allocating power between states, imposes burdens on the parties that can impede access to justice, and alters risk assessments that shape both socially desirable and socially destructive behavior.
Can Erie Survive As Federal Common Law?, Craig Green
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
Law's Dark Matter, Michael S. Green
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Faculty Publications
No abstract provided.
Cyber-Territoriality, Timothy Zick
Constitutional Domain And The Court, Timothy Zick
The Dark Side Of Territoriality, Timothy Zick
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Faculty Publications
It seems that few are pleased with the Court’s recent decision in Bowles v. Russell, in which the Court held the time limit for filing a notice of appeal to be jurisdictional and therefore not susceptible to the unique circumstances doctrine. As I wrote in this original essay, I believe the Court disrupted prior precedent and missed a golden opportunity to develop, in a principled way, a framework for characterizing rules as jurisdictional or not, and I adhere to those views. Three have responded to my essay. Professor Beth Burch criticizes Bowles for some of the same …
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
William & Mary Law Review
No abstract provided.
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
William & Mary Law Review
No abstract provided.
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Faculty Publications
No abstract provided.