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Articles 1 - 30 of 54
Full-Text Articles in Jurisdiction
Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore
Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore
BYU Law Review
No abstract provided.
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review
No abstract provided.
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone
BYU Law Review
No abstract provided.
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
BYU Law Review
In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …
The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith
BYU Law Review
No abstract provided.
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
Boundary Dispute: The Presumption Against Extraterritoriality As Judicial Nondelegation, Luke Bell
BYU Law Review
No abstract provided.
Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski
Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski
BYU Law Review
No abstract provided.
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
Is The Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey Into Discovering Congressional Intent, Szonja Ludvig
BYU Law Review
No abstract provided.
Can States "Just Say No" To Federal Health Care Reform? The Constitutional And Political Implications Of State Attempts To Nullify Federal Law, Ryan Card
BYU Law Review
No abstract provided.
"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require A Greater Showing Of Congressional Intent For Jurisdictional Exhaustion Than They Require For Preemption, Colin Miller
BYU Law Review
No abstract provided.
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
On Law, Wars, And Mercenaries: The Case For Courts-Martial Jurisdiction Over Civilian Contractor Misconduct In Iraq, Wm. C. Peters
BYU Law Review
No abstract provided.
Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers
Intervening In The Case (Or Controversy): Article Iii Standing, Rule 24 Intervention, And The Conflict In The Federal Courts, Tyler R. Stradling, Doyle S. Byers
BYU Law Review
No abstract provided.
Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland
BYU Law Review
No abstract provided.
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz
BYU Law Review
No abstract provided.
Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.
Congressional Power Over Federal Court Jurisdiction: A Defense Of The Neo-Federalist Interpretation Of Article Iil, Robert J. Pushaw Jr.
BYU Law Review
No abstract provided.
Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd
Erie Awry: A Comment On Gasperini V. Center For Humanities, Inc., C. Douglas Floyd
BYU Law Review
No abstract provided.
Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake
Nkacoang U. Ins: A Complementary Theory For Denying Reinstatement Of Voluntary Departure, Richard Cameron Blake
BYU Law Review
No abstract provided.
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
BYU Law Review
No abstract provided.
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth
BYU Law Review
This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …
Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton
Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton
BYU Law Review
No abstract provided.
The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey
The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey
BYU Law Review
No abstract provided.
Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black
Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black
BYU Law Review
No abstract provided.
The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review
No abstract provided.
The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd
The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd
BYU Law Review
No abstract provided.
Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby
Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby
BYU Law Review
No abstract provided.
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
BYU Law Review
No abstract provided.
International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen
International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen
BYU Law Review
No abstract provided.
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
BYU Law Review
No abstract provided.
Rationalizing Removal, Charles Rothfeld
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
BYU Law Review
No abstract provided.