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Articles 1 - 30 of 34
Full-Text Articles in Jurisdiction
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
Federal Communications Law Journal
The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …
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.
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
World Wide Web Advertising: Personal Jurisdiction Around The Whole Wide World?, Christopher W. Meyer
Washington and Lee 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.
Who's Afraid Of Henry Hart?, Michael Wells
Who's Afraid Of Henry Hart?, Michael Wells
Scholarly Works
No law book has enjoyed greater acclaim from distinguished commentators over a sustained period than has Hart & Wechsler's The Federal Courts and the Federal System. Indeed, the praise seems to escalate from one edition to the next. Reviewing the first edition, published forty-three years ago, Philip Kurland called it "the definitive text on the subject of federal jurisdiction." Paul Mishkin added that "the analysis is of an order difficult to match anywhere." In his review of the second edition, published in 1973, Henry Monaghan began by praising the first for having "deservedly achieved a reputation that is extraordinary among …
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.
Justice And Shrinking Jurisdictions, Maurya Vijay Chandra
Justice And Shrinking Jurisdictions, Maurya Vijay Chandra
Maurya Vijay Chandra
A dip in the holy Ganga during the magh mela at Allahabad was to have earned salvation for Gunna Devi, but instead she is an undertrial in the city's most famous jail Naini. (But for her incarceration she would have preferred Kalpvas on banks of river Ganga, just a stone's throw away from the jail.)
Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot
Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot
Kentucky Law Journal
No abstract provided.
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
We have three things to think about here, as the real estate agents say—“location, location, location.” Accordingly, the two of us have engaged for several years in empirical studies aimed at gauging the effect of forum on case outcome. The results to date strongly suggest that forum really matters. An early piece of the puzzle fell into place in our study of venue. In that article, we examined the benefits and costs of the federal courts scheme of transfer of civil venue “in the interest of justice.” Ours was a pretty straightforward and simple cost-benefit analysis, but we supported it …
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
UIC John Marshall Journal of Information Technology & Privacy Law
Two major doctrines exist for choosing which state's law applies to an interstate tort: the "lex loci deliciti" (the law of the place of the wrong) approach and the "most significant relationship" approach. In the context of the Internet, the "lex loci deliciti" approach has been criticized for its harshness. For example, it is possible for an e-mail posting to be non-actionable where written, but actionable where read. Likewise, the "most significant relationship" approach has been criticized for its indeterminacy and lack of predictability because the outcome as to the extent of liability for a publication tort on the Internet …
The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson
School of Law Faculty Publications
This article describes the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).
The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski
The Presence Of A Web Site As A Constitutionally Permissible Basis For Personal Jurisdiction, Christine E. Mayewski
Indiana Law Journal
No abstract provided.
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C sec. 1387.
Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss
Publications
No abstract provided.
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel
Brown V. State Of New York: Judge Simons Says New York State Can Be Held Liable For Money Damages, Eric J. Stockel
Touro Law Review
No abstract provided.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches
Publications
No abstract provided.
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Getting Away From The Federal Paradigm: Separation Of Powers In State Courts, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
Michigan Journal of International Law
This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.
Employees: Show Us Your Paycheck, Dina Mastellone
Employees: Show Us Your Paycheck, Dina Mastellone
Touro Law Review
No abstract provided.
Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck
Seminole Tribe Of Florida V. Florida: Has The Seminole Tribe Gambled With Citizens' Rights To Sue Their State Under Cercla, Gregory J. Hauck
Villanova Environmental Law Journal
No abstract provided.
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
The Helms-Burton Act And Transnational Legal Process, William S. Dodge
The Helms-Burton Act And Transnational Legal Process, William S. Dodge
Faculty Scholarship
No abstract provided.
Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock
Federal Courts, Tribal Courts, And Comity: Developing Tribal Judiciaries And Forum Selection, Raymond L. Niblock
University of Arkansas at Little Rock Law Review
No abstract provided.
International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi
International Jurisdiction In Products Liability Cases (Analysis Of Asahi And Post-Asahi Cases), Tsutomu Kuribayashi
LLM Theses and Essays
With the increase of foreign trade, there has also been an increase in the number of foreign manufacturers and distributors involved in product liability litigation in the United States. In many cases, the products from these foreign manufacturers and distributors reach the forum states through the stream of commerce, and are distributed to the customers by regional distributors, wholesalers, and retailers. Therefore, in many product liability cases where defective products from these foreign manufacturers and distributors cause injuries to people in the United States, those foreign companies do not have a direct relationship with the forum states. In these cases, …
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
The New Economics Of Jurisdictional Competition: Devolutionary Federalism In A Second-Best World, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Congressional Control Over Federal Court Jurisdiction: A Defense Of The Traditional View, Julian Velasco
Congressional Control Over Federal Court Jurisdiction: A Defense Of The Traditional View, Julian Velasco
Journal Articles
The extent of Congress's authority to control the jurisdiction of the federal courts has been the subject of unending academic debate. The orthodox view long has been that Congress possesses nearly plenary authority to restrict federal court jurisdiction. There has been no shortage, however, of commentators who have taken exception to that view. The heart of the debate lies in whether Congress is authorized to remove specific subjects from the jurisdiction of federal courts when motivated by hostility to their substantive decisions. According to the traditional view, Congress is free to use its power in this manner. While most traditionalists …