Plaintiff Personal Jurisdiction And Venue Transfer, 2018 University of California Hastings College of Law
Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, 2018 Mississippi College School of Law
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently ...
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", 2018 University of Maryland Francis King Carey School of Law
Personal Jurisdiction Over Orb-Web Corporations: A Re-Routed Approach For "Change In The Navigation Of Time", Vidhya Iyer
The 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 ...
What Does The Fox Say: Domestic Violence, Personal Jurisdiction, And The State's Sovereignty In Declaring The Protected Status Of Its Citizens, 2018 University of St. Thomas, Minnesota
What Does The Fox Say: Domestic Violence, Personal Jurisdiction, And The State's Sovereignty In Declaring The Protected Status Of Its Citizens, Aaron Edward Brown
University of St. Thomas Law Journal
No abstract provided.
Data And Decentralization: Measuring The Performance Of Legal Institutions In Multilevel Systems Of Governance, 2018 New York University School of Law
Data And Decentralization: Measuring The Performance Of Legal Institutions In Multilevel Systems Of Governance, Kevin E. Davis
New York University Law and Economics Working Papers
Most countries rely on multiple levels of government, and many important legal institutions are subnational in scope. There are now several indicators that purport to measure the performance of legal institutions, but they tend to focus on institutions at a single level of government, typically the national level. Although it is useful to develop indicators that isolate the performance of individual legal institutions within multi-level systems of government, this can be a challenging exercise. Moreover, there are good reasons why potential suppliers of indicators may not be interested in taking on the challenge. It is difficult to produce accurate legal ...
Investor-State Dispute Settlement: Is There A Better Alternative?, 2018 Brooklyn Law School
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as ...
Understanding "Sanctuary Cities", 2018 University of Denver Sturm College of Law
Understanding "Sanctuary Cities", Christopher N. Lasch, R. Linus Chan, Ingrid V. Eagly, Dina Francesca Haynes, Annie Lai, Elizabeth M. Mccormick, Juliet P. Stumpf
Boston College Law Review
In the wake of President Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice apparatus from federal immigration enforcement efforts. These localities have embraced a series of reforms that attempt to ensure immigrants are not deported when they come into contact with the criminal justice system. The Trump administration has labeled these jurisdictions “sanctuary cities” and vowed to “end” them by, among other things, attempting to cut off their federal funding.
This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law ...
Striving For Consistency: The Battle Of Jurisdiction In Enforcing Arbitration Awards, 2018 Boston College Law School
Striving For Consistency: The Battle Of Jurisdiction In Enforcing Arbitration Awards, Leah Hengemuhle
Boston College Law Review
On January 20, 2017, in Ortiz-Espinosa v. BBVA Securities of Puerto Rico, the U.S. Court of Appeals for the First Circuit expanded the U.S. Supreme Court’s decision in Vaden v. Discovery Bank and held that the “look through” approach to determine federal jurisdiction applied to petitions to enforce, modify, and vacate arbitration awards under the Federal Arbitration Act. The First Circuit relied heavily on the Supreme Court’s reasoning in Vaden to support its conclusion that applying the “look through” test created a single and consistent jurisdictional approach. This Comment argues that the First Circuit was correct ...
Extraterritoriality And The Alien Tort Statute— Narrow Application Preserves Crucial Boundaries, 2018 Southern Methodist University
Extraterritoriality And The Alien Tort Statute— Narrow Application Preserves Crucial Boundaries, Alicia Pitts
SMU Law Review
No abstract provided.
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, 2018 College of William & Mary Law School
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska
William & Mary Bill of Rights Journal
You, too, can sue Donald Trump under the Emoluments Clause!
Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.
Most commentators quickly threw cold water on the prospect ...
Policy Considerations And Implications In United States V. Bryant, 2018 Northwestern Pritzker School of Law
Policy Considerations And Implications In United States V. Bryant, Jessica Larsen
Northwestern Journal of Law & Social Policy
No abstract provided.
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, 2018 University of Pennsylvania Law School
Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff
After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...
Redress For 'Some Folks': Pursuing Justice For Victims Of Torture Through Traditional Grounds Of Jurisdiction, 2018 ALDEA -- The People's Justice Center, Reading, PA, USA
Redress For 'Some Folks': Pursuing Justice For Victims Of Torture Through Traditional Grounds Of Jurisdiction, Karen Hoffman Esq.
Georgia Journal of International & Comparative Law
No abstract provided.
Discretionary Gatekeeping: The Us Supreme Court's Management Of Its Original Jurisdiction Docket Since 1961, 2018 University of Maine School of Law
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 ...
The Long Arm Of Multidistrict Litigation, 2018 Selected Works
The Long Arm Of Multidistrict Litigation, Andrew D. Bradt
Andrew D. Bradt
Nearly 40 percent of the civil cases currently pending in federal court—now over 130,000—are part of a multidistrict litigation, or MDL. In MDL, all cases pending in federal district courts around the country sharing a common question of fact, such as the defectiveness of a product or drug, are transferred to a single district judge for consolidated pretrial proceedings, after which they are supposed to be remanded for trial. But the reality is that less than 3 percent are ever sent back because the cases are resolved in the MDL court, either through dispositive motion or mass ...
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation, 2018 University of California, Berkeley School of Law
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation, Andrew D. Bradt, D. Theodore Rave
Andrew D. Bradt
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decision in Bristol-Myers Squibb Co. v. Superior Court does little to clarify that notoriously hazy doctrine. It does, however, significantly alter the balance of power in complex litigation. Bristol-Myers is a landmark case because it makes both mass-tort class actions and mass joinders impracticable in almost any state court outside of the defendant’s home states. With federal courts already hostile to class actions, plaintiffs who want to aggregate their claims will have to do so on the defendant’s terms: either on the defendant’s ...
The Failure Of International Law In Palestine, 2018 St. Mary's University School of Law
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Personal Jurisdiction And Aliens, 2018 UC Davis School of Law
Personal Jurisdiction And Aliens, William S. Dodge, Scott Dodson
Michigan Law Review
The increasing prevalence of noncitizens in U.S. civil litigation raises a funda-mental question for the doctrine of personal jurisdiction: How should the alienage status of a defendant affect personal jurisdiction? This fundamental question comes at a time of increasing Supreme Court focus on personal juris-diction, in cases like Bristol–Myers Squibb Co. v. Superior Court, Daimler AG v. Bauman, and J. McIntyre Machinery, Ltd. v. Nicastro. We aim to answer that question by offering a theory of personal jurisdiction over aliens. Under this theory, alienage status broadens the geographic range for mini-mum contacts from a single state to the ...
Protecting States In The New World Of Energy Federalism, 2018 Boston College Law School
Protecting States In The New World Of Energy Federalism, Daniel A. Lyons
Boston College Law School Faculty Papers
In a trilogy of recent cases, the Supreme Court has launched a quiet revolution in energy federalism. With little fanfare, it has abandoned its decades-long effort to divide electricity regulation into mutually exclusive spheres of federal and state authority. Instead it has embraced a more sophisticated concurrent jurisdiction model—against the wishes of Justice Scalia, who opposed this transformation in his final published dissent.
This Article explores the ramifications of this revolution, particularly for state energy regulators. The shift to concurrent jurisdiction is long overdue. The historic model of the local vertically integrated utility has long been replaced by regional ...
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), 2018 University of Arkansas at Little Rock William H. Bowen School of Law
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner
Texas A&M Law Review
In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...