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Articles 1 - 13 of 13
Full-Text Articles in Other Law
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Arbitration Law Review
No abstract provided.
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh
Barry Law Review
No abstract provided.
Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason
Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason
Catholic University Law Review
As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and investigating the ITC’s …
First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic
First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic
Pepperdine Dispute Resolution Law Journal
In 1995, the United States Supreme Court in First Options of Chicago, Incorporated v. Kaplan considered whether arbitral tribunals or courts should have the primary power to decide if parties agreed to arbitrate the merits of the dispute and whether the court of appeals should accept the district court's findings of fact and law or apply a de novo standard of review. The Court unanimously held that, unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitral tribunal. Furthermore, in such a case, …
Federal Jurisdiction, Susan H. Handelman
Federal Jurisdiction, Susan H. Handelman
Golden Gate University Law Review
No abstract provided.
Federal Practice & Procedure, Tom C. Clark, Susan A. Bush
Federal Practice & Procedure, Tom C. Clark, Susan A. Bush
Golden Gate University Law Review
No abstract provided.
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Golden Gate University Law Review
No abstract provided.
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Cleveland State Law Review
This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …
Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit
American Indian Law Review
No abstract provided.