Open Access. Powered by Scholars. Published by Universities.®

Jurisdiction Commons

Open Access. Powered by Scholars. Published by Universities.®

2373 Full-Text Articles 1940 Authors 824152 Downloads 92 Institutions

All Articles in Jurisdiction

Faceted Search

2373 full-text articles. Page 1 of 48.

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger 2017 Boston College Law School

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger

Boston College Law Review

In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh Circuit in United States ex rel. Chovanec v. Apria Healthcare Group, Inc. held that relators barred by first-to-file must face dismissal without prejudice and then refile if they are to proceed. Separately, in 2015, the U.S. Court of Appeals for the D.C ...


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer 2017 Duke Law School

Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer

Faculty Scholarship

Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts’ dockets are dominated by complaints alleging violations of international human rights law.
This article offers the first analysis of EACJ, ECOWAS Court and ...


Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel 2017 Duke Law School

Reciprocal Legitimation In The Federal Courts System, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and ...


Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs 2017 Duke Law School

Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs

Faculty Scholarship

Pennoyer v. Neff has a bad rap. As an original matter, Pennoyer is legally correct. Compared to current doctrine, it offers a more coherent and attractive way to think about personal jurisdiction and interstate relations generally.

To wit: The Constitution imposes no direct limits on personal jurisdiction. Jurisdiction isn't a matter of federal law, but of general law -- that unwritten law, including much of the English common law and the customary law of nations, that formed the basis of the American legal system. Founding-era states were free to override that law and to exercise more expansive jurisdiction. But if ...


If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. DiGregoria 2016 Brooklyn Law School

If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. Digregoria

Brooklyn Law Review

Prior to the Supreme Court's recent general personal jurisdiction decisions in Daimler AG v. Bauman and Goodyear Dunlop Tires Operations S.A. v. Brown American terror victims, injured in terror attacks abroad, were able to bring their attackers and those who sponsor them into United States courts for relief. Specifically, groups like the Palestine Liberation Organization (the PLO) and the Palestinian Authority (the PA) had a history of being sued by American victims of terror. In the course of these suits, the PLO and the PA were regularly found subject to the personal jurisdiction of U.S. courts under ...


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon 2016 University of Georgia School of Law

European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler 2016 University of Georgia School of Law

Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler

Georgia Journal of International & Comparative Law

No abstract provided.


The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr. 2016 Duquesne University School of Law

The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


A Case Study On Court Of Appeals Finality, Michael Nolan 2016 New York Court System

A Case Study On Court Of Appeals Finality, Michael Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


The Constitution Of Canada And The Conflict Of Laws, Janet Walker 2016 Osgoode Hall Law School of York University

The Constitution Of Canada And The Conflict Of Laws, Janet Walker

Janet Walker

This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the ...


In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper 2016 Selected Works

In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper

Andrew Popper

No abstract provided.


Do The Second Circuit’S Legal Standards On Class Certification Incentivize Forum Shopping?: A Comparative Analysis Of The Second Circuit’S Class Certification Jurisprudence, Shrey Sharma 2016 Fordham University School of Law

Do The Second Circuit’S Legal Standards On Class Certification Incentivize Forum Shopping?: A Comparative Analysis Of The Second Circuit’S Class Certification Jurisprudence, Shrey Sharma

Fordham Law Review

The Class Action Fairness Act altered the jurisdictional landscape of class actions by relaxing the barriers to satisfying diversity jurisdiction in federal court. As a result, plaintiffs’ attorneys frequently find themselves filing class actions in federal court, and face the critical question of where to initiate their lawsuit. Many plaintiffs’ attorneys consider the favorability of legal standards when determining the forum in which to file their class action. Among other substantive and procedural considerations, the applicable class certification standards of the forum are an important forum selection factor. The Second Circuit, in particular, is a forum that plaintiffs’ attorneys might ...


A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard 2016 Seattle University School of Law

A Brave New Borderless World: Standardization Would End Decades Of Inconsistency In Determining Proper Personal Jurisdiction In Cyberspace Cases, Jonathan Spencer Barnard

Seattle University Law Review

While various courts and numerous legal professionals have addressed the issue of inconsistent application of personal jurisdiction in cyberspace cases, the Supreme Court has yet to discuss the impact that technology might have on the analysis of personal jurisdiction; thus, many details remain unresolved. This Note examines the varying jurisdictional splits between the lower district courts, the courts of appeals, and the federal circuit court of appeals in determining the proper approach to take when dealing with Internet jurisdiction. After an examination of several key cases, this Note will explain why the Supreme Court, or the Legislature, should adopt an ...


Revising Our “Common Intellectual Heritage”: Federal And State Courts In Our Federal System, Judith Resnick 2016 Yale Law School

Revising Our “Common Intellectual Heritage”: Federal And State Courts In Our Federal System, Judith Resnick

Notre Dame Law Review

This Essay pays tribute to Daniel Meltzer’s insight that, to the extent “lawyers have a common intellectual heritage, the federal courts are its primary source.” I do so by analyzing how that heritage is made and remade, as political forces press Congress to deploy federal courts to protect a wide array of interests and state courts absorb the bulk of litigation. The heritage that Meltzer celebrated and to which he contributed was the outcome of twentieth-century social movements that focused on the federal courts as hospitable venues, serving as vivid sources of rights and remedies. A competing heritage has ...


An Incomplete Discussion Of "Arising Under" Jurisdiction, David L. Shapiro 2016 Harvard Law School

An Incomplete Discussion Of "Arising Under" Jurisdiction, David L. Shapiro

Notre Dame Law Review

My purpose in this brief Essay is to expand on this theme as it played out in Dan Meltzer’s role as collaborator, friendly critic, and keen analyst, and to do so by exploring a problem that in some ways lies at the heart of our elaborate system of judicial federalism, even though (perhaps because it does not arise that often) it has received somewhat less attention than it deserves. That problem addresses the nature of federal judicial authority—and especially the appellate jurisdiction of the Supreme Court—when a federal issue is embedded in, or when its determination may ...


A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger 2016 Osgoode Hall Law School of York University

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Benjamin L Berger

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a ...


Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh 2016 Barry University School of Law

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.


The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia 2016 Notre Dame Law School

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004 ...


Digital Commons powered by bepress