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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 ...


Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis 2014 SelectedWorks

Born Native, Raised White: The Divide Between Federal And Tribal Jurisdiction With Extra-Tribal Native American Adoption, Christina Lewis

Christina Lewis

No abstract provided.


City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao 2014 Pepperdine University

City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


United States Of America V. Manning, Bradley E., Pfc: When Fear Meets Reality: How An Aggressive Prosecution Did Not Equate To An Assault On First Amendment Freedoms, Jordan A. Wilson 2014 SelectedWorks

United States Of America V. Manning, Bradley E., Pfc: When Fear Meets Reality: How An Aggressive Prosecution Did Not Equate To An Assault On First Amendment Freedoms, Jordan A. Wilson

Jordan A Wilson

Abstract:

Although debate concerning the First Amendment rights of government whistleblowers certainly exists, a much more heated debate arises concerning the rights of not the original leakers, but those who choose to publish the leaked material. This debate is only intensified when the government attempts to use military law and apply its jurisdiction to civilian actors.

The court martial of PFC Bradley Manning raised the specific question of whether charges under the Uniform Code of Military Justice (UCMJ) may be brought against civilian news publications who choose to publish the classified information. This question led to the emergence of a ...


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Arbitraje Civil Y Mercantil En México, Max García- Sanchez, Jusey Martinez- Carrasco 2014 Latin American and Caribbean Law and Economics Association

Arbitraje Civil Y Mercantil En México, Max García- Sanchez, Jusey Martinez- Carrasco

Max Garcia Sanchez

No abstract provided.


The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate professor of public international law 2014 SelectedWorks

The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law

Gabriela A. Oanta Associate professor of public international law

This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received ...


Enlightening The Forgotten: Removal Of State Cases Involving Service-Members Into Federal Courts, Michael C. Walsh 2014 SelectedWorks

Enlightening The Forgotten: Removal Of State Cases Involving Service-Members Into Federal Courts, Michael C. Walsh

Michael C Walsh

No abstract provided.


Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele 2014 Boston College Law School

Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele

Boston College Law Review

This Note examines the current test for establishing admiralty jurisdiction for in personam tort suits and the lower courts’ recent departure from this test. Some lower courts have started to inappropriately read a vessel requirement into the test. This requirement causes a host of problems, including upsetting the spirit of the Extension of Admiralty Jurisdiction Act of 1948, forcing judges to decide issues of fact at the outset of litigation, and inadequately upholding admiralty jurisdiction’s purpose of protecting maritime commerce. The best solution to this problem would be for Congress to pass a new admiralty jurisdiction statute that incorporates ...


The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz 2014 Pepperdine University

The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz

Pepperdine Law Review

This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” test ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield 2014 University of Tennessee, Knoxville

The Importance Of Interpretation: How The Language Of The Constitution Allows For Differing Opinions, Christina J. Banfield

University of Tennessee Honors Thesis Projects

No abstract provided.


Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2014 BLR

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly 2014 College of William & Mary Law School

Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly

William & Mary Business Law Review

This Note considers the advisability of amending the False Claims Act’s qui tam provisions beyond instances of fraud to include criminal allegations against government contractors employed overseas. It considers the negative effects that result from qui tam actions in the fraud context and discusses alternatives for holding contractors accountable for crimes committed overseas that could avoid those negative effects. This Note particularly focuses on and recommends a civilian corollary to the Military Extraterritorial Jurisdiction Act—the Civilian Extraterritorial Jurisdiction Act. It discusses the benefits that the Civilian Extraterritorial Jurisdiction Act would provide such as increased judicial efficiency, increased prosecutorial ...


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 ...


The Supreme Court’S New Approach To Personal Jurisdiction, Bernadette Bollas Genetin 2014 The University of Akron School of Law

The Supreme Court’S New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Bernadette Bollas Genetin

This article provides a comprehensive analysis of the two personal jurisdiction opinions the United States Supreme Court issued in 2014. The article concludes that, these cases, Daimler AG v. Bauman, 134 S. Ct. 746 (2014), and Walden v. Fiore, 134 S. Ct. 1115 (2014), usher in a new doctrinal approach to personal jurisdiction. In Daimler AG v. Bauman, the Supreme Court narrowed the scope of general jurisdiction, making it available primarily in a corporation’s states of incorporation and principal place of business and rejecting, in most cases, the prior approach of permitting general jurisdiction based on a defendant’s ...


In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper 2014 The Catholic University of America, Columbus School of Law

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

Catholic University Law Review

No abstract provided.


Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri 2014 Boston College Law School

Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri

Boston College Law Review

The National Labor Relations Board (NLRB) uses a substantial religious character test to determine whether it is authorized to exercise jurisdiction over faculty labor relations at religiously affiliated colleges and universities. Under the NLRB’s test, a school is not considered religious unless it makes religious indoctrination one of its primary purposes, denies faculty members academic freedom, and discriminates based on religion when hiring faculty and admitting students. Such an approach fails to recognize the religious nature of Catholic institutions of higher learning, which carry out their religious missions precisely by avoiding religious indoctrination, granting faculty academic freedom, and welcoming ...


Don’T Dissolve The “Nerve Center”: A Status-Linked Citizenship Test For Principal Place Of Business, Caitlin Sawyer 2014 Boston College Law School

Don’T Dissolve The “Nerve Center”: A Status-Linked Citizenship Test For Principal Place Of Business, Caitlin Sawyer

Boston College Law Review

28 U.S.C. § 1332 requires complete diversity among parties to invoke a federal court’s jurisdiction. The statute provides that a corporation is a citizen of its incorporating state and its principal place of business. In the 2010 case Hertz Corp. v. Friend, the U.S. Supreme Court adopted the “nerve center” test as the exclusive test for determining a corporation’s principal place of business. Although the Court intended to adopt a simple standard, applying the rule to dissolved and inactive corporations remains complex. This Note argues for a status-linked nerve center test. This approach is consistent with ...


The Decker Forestry Pollution Case: Constitutional Risks When Courts Use Auer Deference To Bypass Regulatory Protections, Michael Tierney 2014 Boston College Law School

The Decker Forestry Pollution Case: Constitutional Risks When Courts Use Auer Deference To Bypass Regulatory Protections, Michael Tierney

Boston College Environmental Affairs Law Review

In Decker v. Northwest Environmental Defense Center, the Supreme Court upheld the EPA’s interpretation of the agency’s own regulation regarding exemption of channeled stormwater discharges from National Pollutant Discharge Elimination System permit requirements under the Clean Water Act. The Court deferred to the EPA’s interpretation under the Auer doctrine, which dictates that an administrative agency’s interpretation of its own regulation is entitled to deference unless the interpretation is plainly erroneous or inconsistent with the regulation. This Comment argues that Auer deference violates foundational separation of powers principles by allowing a governmental agency to both write and ...


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