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1,346 full-text articles. Page 1 of 21.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein 2014 Boston College Law School

An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein

Boston College Law Review

Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would otherwise give people in these communities the ability to protect themselves. Although public outcry has prompted pending legislation in Congress to repeal some of these exemptions, such as the Alaska Safe Families and Villages Act, even that legislation does not go far enough to achieve a permanent and effective solution to what is a life-or-death ...


"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor 2014 University of Georgia School of Law

"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor

Georgia Journal of International & Comparative Law

No abstract provided.


Equality And The European Union, Elizabeth F. Defeis 2014 University of Georgia School of Law

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn 2014 University of Georgia School of Law

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie 2014 University of Georgia School of Law

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.


Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet 2014 University of Georgia School of Law

Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet

Georgia Journal of International & Comparative Law

No abstract provided.


Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani 2014 University of Georgia School of Law

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin 2014 University of Georgia School of Law

Rethinking The Role And Regulation Of Private Military Companies: What The United States And United Kingdom Can Learn From Shared Experiences In The War On Terror, A. Grayson Irvin

Georgia Journal of International & Comparative Law

No abstract provided.


Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice, Ryan C. Burke 2014 University of Georgia School of Law

Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice, Ryan C. Burke

Georgia Journal of International & Comparative Law

No abstract provided.


Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar 2014 Western University

Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar

Western Journal of Legal Studies

Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 Western University

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner 2014 University of Georgia School of Law

Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner

Georgia Journal of International & Comparative Law

No abstract provided.


The Costs Budget, Jay Tidmarsh 2014 Notre Dame Law School

The Costs Budget, Jay Tidmarsh

Jay Tidmarsh

Because of fears that litigation is too costly, reduction of litigation expenses has been the touchstone of procedural reform for the past thirty years. In certain circumstances, however, the parties have incentives—both rational and irrational—to spend more on a lawsuit than the social benefits that the case provides. Present and proposed reform efforts do not adequately address these incentives, and in some instances exacerbate the parties’ incentives to overspend. The best way to ensure that the cost of a lawsuit does not exceed the benefits that it provides to the parties and society is to control spending directly ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, Rebecca K. Stewart 2014 SelectedWorks

Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, Rebecca K. Stewart

Rebecca K Stewart

Ever since the U.S. Patent and Trademark Office began issuing utility patents for plants, the United States has sat squarely on the frontlines of what have come to be known as the “seed wars.” In the last two decades, the majority of battles in the U.S. seed wars have been waged in the form of patent infringement lawsuits. Typically these suits are filed by biotechnology corporations such as Monsanto against farmers accused of saving and planting patented seed that self-replicates to produce progeny embodying—and thus infringing—the biotech corporations’ patented inventions.

Yet in recent years, the seed ...


An Economic Analysis Of Subject Matter Jurisdiction Waiver: A Response To Professor Buehler, Daniel M. Klerman 2014 BLR

An Economic Analysis Of Subject Matter Jurisdiction Waiver: A Response To Professor Buehler, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

For nearly a century, it has been black letter law that federal subject matter jurisdiction is non-waivable. Both parties and judges can raise subject matter jurisdiction problems at any time, even on appeal. This doctrine has been criticized as wasteful, because cases are sometimes dismissed after trial and relitigated in state court. Dustin Buehler proposes that federal judges be required to issue a subject matter certification order near the beginning of every federal case, but that judges no longer routinely dismiss cases if it later becomes apparent that subject matter jurisdiction is lacking. While this proposal has much merit, its ...


A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor JR Schilling 2014 SelectedWorks

A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor Jr Schilling

Theodor JR Schilling

Judge-made international law (JMIL) based on a law of reason exists as well in

some municipal court decisions setting a precedent as in ones building upon

such a precedent. Such court decisions rely on the faculty of judicial borderline

institutions to decide against normally binding customary international law

(CIL). This implies for the first group that they may positivise a law of reason,

and for the second group they may defer to thus positivised laws of reason, both

irrespective of contrary CIL.

Norms of JMIL and of CIL are determined according to different secondary

rules. Therefore, court decisions which are ...


What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin 2014 SelectedWorks

What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin

Keri M. Martin

When, if ever, should a corporation be subject to a court’s jurisdiction based solely on the activities of another entity? Commonly, injured plaintiffs pursue foreign corporations to recover for injuries inflicted upon them by some activity of that corporation or its subsidiary. Where plaintiffs are unable to establish personal jurisdiction over the foreign corporation directly, plaintiffs may attempt to establish jurisdiction over the corporation indirectly by imputing to it the in-forum activities of a closely related subsidiary. This form of jurisdictional blame shifting has been termed “vicarious jurisdiction,” and it stems from the understanding that more than one entity ...


Rethinking Personal Jurisdiction, Daniel M. Klerman 2014 BLR

Rethinking Personal Jurisdiction, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine. According to that justification, personal jurisdiction rules minimize litigation costs and bias. This approach to personal jurisdiction helps resolve difficult and open jurisdictional issues, such as the scope of general jurisdiction and the validity of jurisdiction based on the stream-of-commerce theory. This article then explores the empirical assumptions underlying this pragmatic explanation for current doctrine and shows how doctrine should change if those empirical assumptions were incorrect. For example, the Supreme Court’s “purposeful availment” requirement is justified only if the danger of bias ...


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