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Articles 31 - 60 of 169
Full-Text Articles in Jurisdiction
Interagency Litigation And Article Iii, Joseph Mead
Interagency Litigation And Article Iii, Joseph Mead
All Maxine Goodman Levin School of Urban Affairs Publications
Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
marla j ferguson
The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …
Law's Dark Matter, Michael S. Green
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
Michael S. Green
No abstract provided.
Erie's International Effect: A Reply, Donald Earl Childress Iii
Erie's International Effect: A Reply, Donald Earl Childress Iii
NULR Online
No abstract provided.
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Touro Law Review
No abstract provided.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris
Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris
Pepperdine Law Review
No abstract provided.
Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr
Pepperdine Law Review
No abstract provided.
Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons
Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons
Daniel Lyons
From the introduction The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP ) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply …
My Paper Makes Ssrn Top Ten List, Gabriela Steier
My Paper Makes Ssrn Top Ten List, Gabriela Steier
Gabriela Steier
My paper, "THE WTO'S BLIND SPOT: DISPUTE RESOLUTION IN THE INTERNATIONAL FOOD INDUSTRY", was recently listed on SSRN's Top Ten download list for: Food Law & Policy eJournal, PSN: Politics of the WTO (Topic), PSN: Politics of the WTO (Topic), SRPN: Agribusiness (Topic), SRPN: Biotechnology (Topic), SRPN: Politics of Food (Topic) and SRPN: World Trade Organisation (Topic).
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford
Louisiana Law Review
The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.
The Extraterritoriality Of Eu Data Privacy Law - Its Theoretical Justification And Its Practical Effect On U.S. Businesses, Dan Jerker B. Svantesson
The Extraterritoriality Of Eu Data Privacy Law - Its Theoretical Justification And Its Practical Effect On U.S. Businesses, Dan Jerker B. Svantesson
Dan Svantesson
Due to its extraterritorial effect, the European Union’s trailblazing data privacy law has long been a major concern for U.S. businesses. With the proposal for a new data privacy framework in the EU, with potential penalties of up to 2% of an offending enterprise’s annual worldwide turnover, such concerns are justified indeed; particularly as the EU at the same time seems to be expanding the extraterritorial reach of its data privacy law.
This article examines the extraterritoriality of current and proposed EU data privacy law and analyses whether those claims of extraterritoriality can be either justified or objected to by …
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Federal Judicial Conduct And Disability System: Unfinished Business For Congress And For The Judiciary, Arthur D. Hellman
The Federal Judicial Conduct And Disability System: Unfinished Business For Congress And For The Judiciary, Arthur D. Hellman
Testimony
For most of the nation’s history, the only formal mechanism for dealing with misconduct by federal judges was the cumbersome process of impeachment. That era ended with the enactment of the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (1980 Act or Act). In 2002, Congress made modest amendments to the Act and codified the provisions in Chapter 16 of Title 28. In 2008, the Judicial Conference of the United States – the administrative policy-making body of the federal judiciary – approved the first set of nationally binding rules for misconduct proceedings.
Under the 1980 Act and …
Holding Corporations To Account. Crafting Ats Suits In The Uk, Simon J. Baughen
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
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller
Pepperdine Law Review
In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.
Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dissenting State Patent Regimes, Camilla A. Hrdy
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
Removal Reform: A Solution For Federal Question Jurisdiction, Forum Shopping, And Duplicative State-Federal Litigation, Martha A. Field
Removal Reform: A Solution For Federal Question Jurisdiction, Forum Shopping, And Duplicative State-Federal Litigation, Martha A. Field
Indiana Law Journal
Federal court procedural, especially jurisdictional ones, need to be governed by clear, effective, and fair rules. Yet twentieth century doctrines and reforms, even when made in the name of pragmatism, have produced decidedly unpragmatic results: a vague and disputed doctrine of federal question jurisdiction that excludes from federal court many cases where federal law controls the outcome, rules that facilitate forum shopping by plaintiffs and make it impossible to predict in advance what law will apply to decide one’s case, and the stunning waste of a system in which the exact same issues are simultaneously litigated in state and federal …
The Twin Aims Of Erie, Michael S. Green
The Twin Aims Of Erie, Michael S. Green
Faculty Publications
We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article offers a reading of the twin aims and a systematic analysis of their proper role in federal and state court. I argue that the twin aims apply in diversity cases not because they protect state interests, but because they serve the federal purposes standing behind the diversity statute. So understood, they are about separation of powers, not federalism. …
Parens Patriae: A Flawed Strategy For State-Initiated Obesity Litigation, John B. Hoke
Parens Patriae: A Flawed Strategy For State-Initiated Obesity Litigation, John B. Hoke
William & Mary Law Review
No abstract provided.
Civil Procedure—Be More Specific: Vague Precedents And The Differing Standards By Which To Apply “Arises Out Of Or Relates To” In The Test For Specific Personal Jurisdiction, Ryne H. Ballou
University of Arkansas at Little Rock Law Review
No abstract provided.
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
IP Theory
No abstract provided.
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
William & Mary Law Review
Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.
Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …