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The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan 2015 St. Mary's School of Law, Texas

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh 2015 The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh

Aravind Ganesh

The EU has perfect human rights obligations towards distant strangers. My argument has two limbs: Firstly, in numerous policy areas, the EU asserts jurisdiction via ‘territorial extension’, which combines territorially limited enforcement jurisdiction with a claim of geographically unbounded prescriptive jurisdiction. Doctrinally, this strongly resembles the Lotus principle, and viewed analytically, amounts to a claim not just of power but of political authority. Thus, the EU creates not just factual effects, but legal effects abroad. Secondly, assertions of political authority, even if only de facto, give rise to perfect human rights obligations. I illustrate this by reference to the Strasbourg ...


Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra 2015 University of Brasília-Brazil

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection of ...


Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra 2015 University of Brasília-Brazil

Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra

Thiago Luís Santos Sombra

This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.


Forum Selling, Daniel M. Klerman, Greg Reilly 2015 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee 2015 SelectedWorks

A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee

Huhnkie Lee

No abstract provided.


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.


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