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The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman 2015 New York University School of Law

The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

The Supreme Court’s decision in Daimler AG v. Bauman confirmed what the Court hinted at in its earlier decision in Goodyear Dunlop Tires v. Brown—that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Together, the decisions put an end to an era of general jurisdiction jurisprudence in the United States. Professor Silberman highlights the impact of these decisions in both interstate and international cases. She examines related areas of jurisdictional doctrine that are likely to be affected, including new ways of defining and interpreting ...


Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott 2015 Nevada Law Journal

Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held a plaintiff must prove sufficient contacts with the jurisdiction in order to establish personal jurisdiction over a defendant. Without proof of sufficient contacts, Nevada courts do not have personal jurisdiction over a foreign Catholic diocese. The Court reversed the district court’s decision.


European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline 2015 University of Georgia School of Law

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.


Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins 2015 University of Georgia School of Law

Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins

Georgia Journal of International & Comparative Law

No abstract provided.


Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst 2015 Boston College Law School

Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst

Boston College Law Review

Legislatures across the United States have passed laws to combat strategic lawsuits against public participation (“SLAPPs”)—suits brought solely to harass a party that has exercised protected speech or petitioning activity. Federal courts exercising diversity jurisdiction have struggled to determine whether these nominally procedural laws—particularly their hallmark special motions to dismiss—apply outside of state courts. A proper reading of the Federal Rules of Civil Procedure reveals that these laws may operate harmoniously alongside the federal system, and the twin aims articulated in the U.S. Supreme Court’s decision in Erie Railroad Co. v. Tompkins favor application of ...


The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley 2015 College of William & Mary Law School

The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley

William & Mary Law Review

Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in the nature and meaning of jurisdiction. Historically, federal courts generally treated procedural requirements, like filing deadlines and exhaustion prerequisites, as presumptively “jurisdictional.” In case after case, the modern Court has reversed course. The result has been an unobtrusive but seminal redefinition of what jurisdiction means to begin with: the adjudicatory authority of the federal courts. This shift is momentous, but it has been obscured by the Court’s erstwhile imposition of a clear statement requirement. For courts to find a statutory requirement jurisdictional ...


She’S Got A Ticket To Ride: The Ninth Circuit’S Determination In Sachs V. Republic Of Austria That A Ticket Sale By A Common Law Agent Abrogates A Foreign State-Owned Common Carrier’S Sovereign Immunity, Jennifer Lichtman 2015 Boston College Law School

She’S Got A Ticket To Ride: The Ninth Circuit’S Determination In Sachs V. Republic Of Austria That A Ticket Sale By A Common Law Agent Abrogates A Foreign State-Owned Common Carrier’S Sovereign Immunity, Jennifer Lichtman

Boston College Law Review

On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded the scope of jurisdiction over foreign state-owned entities to include claims arising from transactions with common law agents of foreign states. This Comment argues that the Ninth Circuit correctly applied principles of agency law to foreign state-owned common carriers acting through domestic ticket agents, and ...


Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier 2015 Pepperdine University

Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier

The Journal of Business, Entrepreneurship & the Law

Boilermakers Local 154 Retirement Fund v. Chevron Corp. represents a new and important chapter in the relationship between the forum selection clause and modern business relations. A forum selection clause is “[a] contractual provision in which the parties establish the place (such as the country, state, or type of court) for specified litigation between them.” Forum selection clauses have most often been analyzed by courts within contractual relationships between businesses, or a business and its customers. The Boilermakers case sets important precedent for forum selection in an equally fundamental business relationship--the corporation and its stockholders. This article will survey the ...


Jurisdiction - Aliens, Federal Courts And The Law Of Nations, Jeff Ballew 2015 University of Georgia School of Law

Jurisdiction - Aliens, Federal Courts And The Law Of Nations, Jeff Ballew

Georgia Journal of International & Comparative Law

No abstract provided.


Proposed Congressional Limitations On State Taxation Of Multinational Corporations, Kristen Gustafson 2015 University of Georgia School of Law

Proposed Congressional Limitations On State Taxation Of Multinational Corporations, Kristen Gustafson

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr. 2015 Member of the Georgia, Illinois and D.C. Bars

Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik 2015 St. Louis University School of Law

Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner 2015 University of Georgia School of Law

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


A Comment On Filartiga V. Pena-Irala, Dean Rusk 2015 University of Georgia School of Law

A Comment On Filartiga V. Pena-Irala, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Torture As A Violation Of The Law Of Nations, Louis B. Sohn 2015 University of Georgia School of Law

Torture As A Violation Of The Law Of Nations, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman 2015 Seattle University School of Law

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention ...


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer 2015 Seattle University School of Law

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the ...


The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish 2015 University of Georgia School of Law

The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish

Georgia Journal of International & Comparative Law

No abstract provided.


The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone 2015 University of Georgia School of Law

The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone

Georgia Journal of International & Comparative Law

No abstract provided.


Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski 2015 Gibson, Dunn & Crutcher, LLP

Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski

Boston College Environmental Affairs Law Review

Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. Courts have struggled to balance these components and, in practice, different requirements have developed for meeting standing depending on the nature of the case and the type of party bringing suit. This Article explores the U.S. Court of Appeals for the District of Columbia ...


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