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Articles 1 - 20 of 20
Full-Text Articles in Jurisdiction
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto
Human Rights & Human Welfare
The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …
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.
The Exercise Of Personal Jurisdiction Over Some Foreign State Instrumentalities Must Be Consistent With Due Process, Gosia Spangenberg
The Exercise Of Personal Jurisdiction Over Some Foreign State Instrumentalities Must Be Consistent With Due Process, Gosia Spangenberg
Washington Law Review
The Fifth Amendment's Due Process Clause places limitations on courts' judicial power. Due process concerns arise when a forum exercises personal jurisdiction over a nonresident defendant for actions carried on outside the forum's territory. Those concerns are alleviated when the defendant has adequate "minimum contacts" with the forum. Although foreign states are presumed to be immune from the jurisdiction of U.S. courts, the Foreign Sovereign Immunities Act (FSIA) grants U.S. courts jurisdiction over foreign states under certain circumstances. Several FSIA exceptions to foreign state immunity extend to conduct that occurs outside of the U.S. Moreover, the jurisdictional nexus requirements associated …
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Federal Communications Law Journal
This Article traces the development of the FCC's distinction between "telecommunications services" subject to common carrier services under Title II of the 1934 Communications Act and "information services" regulated under Title I of the Act from the Computer Inquiry line of cases through the Brand X decision and recent Wireline Broadband Report and Order. The Author pays particular attention to the Brand X decision and the FCC's Wireline Broadband Order and its implications, suggesting that the Order may be subject to reversal when it is challenged in court and proposing how the Commission might react to a reversal. The Author …
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
Congressional Striptease: How The Failure Of The 108th Congress's Jurisdiction Stripping Bills Were Used For Political Success, Laura Fellow
William & Mary Bill of Rights Journal
No abstract provided.
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Federal Communications Law Journal
In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property …
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
Negligent Infliction Of Emotional Distress: Recovery Is Foreseeable, 39 J. Marshall L. Rev. 1019 (2006), Jeffrey Hoskins
UIC Law Review
No abstract provided.
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
UIC Law Review
No abstract provided.
The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg
UIC Law Review
No abstract provided.
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
Two Paradigms Of Jurisdiction, Ralf Michaels
Two Paradigms Of Jurisdiction, Ralf Michaels
Michigan Journal of International Law
Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state. They argue that the requirements of globalization will pressure legal orders to converge on the level of economic efficiency, because regulatory competition between legal orders makes it impossible for individual legal systems to maintain suboptimal solutions. Many comparative lawyers predict a similar convergence. In particular traditional functionalist comparatists have long held that unification of law was both desirable and unavoidable. Their basic argument is based on functional equivalence and can be summarized as …
Jurisdiction Stripping In Three Acts: A Three String Serenade, Caprice L. Roberts
Jurisdiction Stripping In Three Acts: A Three String Serenade, Caprice L. Roberts
Villanova Law Review
No abstract provided.
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Interpreting The Clean Water Act's Citizen Suit Provision: Successor Landowner Liability For Inactive Mine Discharges In Sierra Club V. El Paso Gold Mines, Inc., Michael P. Zanan
Villanova Environmental Law Journal
No abstract provided.
Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz
Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz
NYLS Law Review
No abstract provided.
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
NYLS Law Review
No abstract provided.
Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain
Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain
NYLS Law Review
No abstract provided.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Military Commission In The War On Terrorism, Haridimos V. Thravalos
The Military Commission In The War On Terrorism, Haridimos V. Thravalos
Villanova Law Review
No abstract provided.
Is Multidistrict Litigation A Just And Efficient Consolidation Technique? Using Diet Drug Litigation As A Model To Answer This Question, Danielle Oakley
Is Multidistrict Litigation A Just And Efficient Consolidation Technique? Using Diet Drug Litigation As A Model To Answer This Question, Danielle Oakley
Nevada Law Journal
No abstract provided.
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom
NYLS Law Review
No abstract provided.