Open Access. Powered by Scholars. Published by Universities.®
![Digital Commons Network](http://assets.bepress.com/20200205/img/dcn/DCsunburst.png)
Supreme Court of the United States Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Jurisdiction (4)
- Actions and defenses (1)
- Age (1)
- Alexander Hamilton (1)
- Army Corps of Engineers (1)
-
- Article III (1)
- Bivens (1)
- Border Patrol (1)
- Civil procedure (1)
- Clean Water Act (1)
- Complex litigation (1)
- Constitution (1)
- Constitutional law (1)
- Copyright Act (1)
- Copyrights (1)
- Department of Defense (1)
- Digital Millennium Copyright Act (1)
- Diplomatic negotiations (1)
- District Court (1)
- EPA (1)
- Eastern District of Texas (1)
- Equal Protections Clause (1)
- Exclusive jurisdiction (1)
- Executive action (1)
- Federal Circuit (1)
- Federal courts of appeals (1)
- Federal district court (1)
- Hernandez v. Mesa (1)
- Individuals (1)
- Intellectual Property Law (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Supreme Court of the United States
"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza
"It's Open Season At The Border": Why The Bivens Remedy Should Extend To U.S. Border Patrol Agents In Cross-Border Shootings, Samantha Garza
Loyola of Los Angeles Law Review
No abstract provided.
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
Global Business Law Review
The law of personal jurisdiction lies at the heart of all litigation. Our courts must recognize the rights of individuals as well as the rights of corporations. The motto placed at the entrance of the United States Supreme Court—"Equal Justice Under Law"—ensures the promise of equal justice under the law to all persons. It expresses the ultimate responsibility of the Supreme Court of the United States (the "Court") as the highest tribunal for all cases and controversies arising under the Constitution, laws, and treaties of the United States and functions as a guardian and interpreter of the Constitution. From the …
Discretionary Gatekeeping: The Us Supreme Court's Management Of Its Original Jurisdiction Docket Since 1961, Vincent L. Mckusick
Discretionary Gatekeeping: The Us Supreme Court's Management Of Its Original Jurisdiction Docket Since 1961, Vincent L. Mckusick
Maine Law Review
There is a special drama when a state sues another state invoking the original jurisdiction of the Supreme Court of the United States. In the international arena, similar disputes between sovereign states would be settled through diplomatic negotiations or armed conflict, and the stakes in the Supreme Court trial are often as high as in international disputes. The same special drama attends a trial in the Supreme Court with the United States opposing one or more of the fifty States. In drafting Article III of the Constitution the Founders treated the states as quasi-sovereigns and, to match the dignity of …
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 …
Intergovernmental Federalism Disputes, Lochlan F. Shelfer
Intergovernmental Federalism Disputes, Lochlan F. Shelfer
Georgia Law Review
Constitutional litigation is increasingly being waged
between governments, in both suits between a state and
the United States, and suits between two or more states.
The jurisdictionof the Federalcourts to hear such suits,
however, is disputed. The Supreme Court's cases are
famously difficult to reconcile, with some denying
jurisdiction and other seemingly identical cases
addressing the merits without discussing jurisdiction.
Some scholars have argued that intergovernmental
disputes over political jurisdiction historically are not
justiciableand that it is constitutionally illegitimate for
the Court to hear them. Recently, some scholars have
argued that the Court should hear such cases, but have
assumed …
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …
Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey
Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey
Marquette Intellectual Property Law Review
With the passage of the 1976 Copyright Act, sound recordings fixed prior to February 15, 1972 remained under the protection of the state copyright laws where the works were registered. Some incredible culturally significant songs were fixed before February 15, 1972, including songs from “The Beatles, The Supremes, Elvis Presley, Aretha Franklin, Barbara Streisand, and Marvin Gaye.” To date, state law protects the owner’s rights without interference from federal law, including the Digital Millennium Copyright Act (“DMCA”).
Given its location, the Second Circuit significantly influenced the development of intellectual property law in the United States, especially copyright law. Many businesses …
A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet, David W. Ichel
A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet, David W. Ichel
Faculty Scholarship
In a quartet of recent decisions, the Supreme Court substantially reshaped the analysis of due process limits for a state's exercise of personal jurisdiction over corporations for the first time since its groundbreaking 1945 decision in International Shoe Co. v. Washington. The Court's decision quartet recasts the International Shoe continuum of corporate contacts for which it would be "reasonable" for the state to exercise jurisdiction based on "traditional notions of fair play and substantial justice" into a more rigid bright-line dichotomy between "general" and "specific" jurisdiction: for a state to exercise general (or all-purpose) jurisdiction over any suit, regardless of …
Introduction To Constraining The Executive, Tom Campbell
Introduction To Constraining The Executive, Tom Campbell
Tom Campbell