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

Jurisdiction Commons

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

1,552 Full-Text Articles 1,183 Authors 519,634 Downloads 82 Institutions

All Articles in Jurisdiction

Faceted Search

1,552 full-text articles. Page 1 of 26.

The Economics Of Civil Procedure, Daniel M. Klerman 2015 USC Law School

The Economics Of Civil Procedure, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The economic analysis of procedure reduces most issues to direct costs and error costs. Direct costs are ordinary litigation costs. Error costs are the reduction in deterrence and the increase in chilling that result from inaccurate adjudication. The goal of procedure is the minimization of the sum of direct and error costs. This framework has been applied to many procedural issues, and this survey focuses on three: dispositive motions (motions to dismiss and summary judgment), discovery, and jurisdiction. Economic analysis has yielded significant insights in these areas, but important questions remain for future researchers. Because theory is often indeterminate, this ...


Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon 2015 Touro College Jacob D. Fuchsberg Law Center

Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon

Touro Law Review

No abstract provided.


The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares 2015 Western Law

The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares

Western Journal of Legal Studies

This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in ...


Why There Should Be No Constitutional Right To Contact Counsel From A Police Car, Terry Skolnik 2015 University of Toronto, Faculty of Law

Why There Should Be No Constitutional Right To Contact Counsel From A Police Car, Terry Skolnik

Western Journal of Legal Studies

The Supreme Court of Canada has yet to consider whether there is a constitutional right to use a cell phone to contact legal counsel while detained in a police car. This article argues that it should not be recognized as a constitutional right for three principal reasons. First, recent judicial interpretations of the constitutional right to counsel have foreclosed the possibility of detained and arrested persons using their own cell phones to call a lawyer from a police car. Second, allowing detainees to use their cell phones to contact counsel can create unreasonable risks to public safety and undermine the ...


R V Fearon Case Commentary, Western Journal of Legal Studies Editorial Board 2015 Western University

R V Fearon Case Commentary, Western Journal Of Legal Studies Editorial Board

Western Journal of Legal Studies

The widespread use of smart phones and similar devices for data management has created significant constitutional and criminal law issues. This is evident in the context of protection by the Charter with respect to unreasonable search and seizure. When an individual’s section 8 rights are breached, an assessment of the admissibility of evidence under section 24(2) of the Charter is required. In R v Fearon, the Supreme Court of Canada established new limits on the police power to search cell phones and similar devices incident to arrest. Cromwell J stated that these measures do not “represent the only ...


International Implications Of The 1982 Merger Guidelines, Vincent Draa 2015 University of Georgia School of Law

International Implications Of The 1982 Merger Guidelines, Vincent Draa

Georgia Journal of International & Comparative Law

No abstract provided.


A Case For Arbitration: The Philippines’ Solution For The South China Sea Dispute, Emma Kingdon 2015 Boston College Law School

A Case For Arbitration: The Philippines’ Solution For The South China Sea Dispute, Emma Kingdon

Boston College International and Comparative Law Review

Arbitration under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) would be the most effective resolution method and would lead to the most favorable outcome for the Philippines against China in the South China Sea (SCS) Dispute. The Philippines will likely not pursue adjudication in the International Court of Justice (ICJ) because the court would likely grant sovereignty over any islands to China, thus legitimizing China’s aggressive actions in the SCS. Furthermore, continued negotiations are also not a viable option for the Philippines because any agreement would be inadequate to deter China from ...


Mexico’S Catch-22: How The Necessary Extradition Of Drug Cartel Leaders Undermines Long-Term Criminal Justice Reforms, Walter Rodriguez 2015 Boston College Law School

Mexico’S Catch-22: How The Necessary Extradition Of Drug Cartel Leaders Undermines Long-Term Criminal Justice Reforms, Walter Rodriguez

Boston College International and Comparative Law Review

Grisly cartel violence has plagued Mexico in recent decades, effectively destabilizing its government and encasing its citizenry in trepidation and fear. A joint operation between Mexican Marines and the U.S. Drug Enforcement Administration in February 2014, however, finally penetrated the myth of invulnerability for drug trafficking organizations with the arrest of that world’s most powerful leader, Joaquin “El Chapo” Guzmán. Although this development is evidence of Mexican law enforcement’s newfound ability to track and capture the most dominant of drug bosses, Mexico’s criminal justice system continues to lack the requisite structure, political will, and expertise to ...


The Federal Question In Patent-License Cases, Amelia Smith Rinehart 2015 University of Utah

The Federal Question In Patent-License Cases, Amelia Smith Rinehart

Indiana Law Journal

The patent law has long recognized a patent owner’s ability to license some interest in the patent by granting to others permission to tread upon the patent owner’s property rights without legal consequence. When one of the parties to a patent license decides to seek remedies from the other party for a license harm, the resulting litigation may be a patent-infringement case with a contract issue or a contract case with a patent issue. In most cases, the patent owner brings her suit against the licensee in federal court, alleging that the licensee breached the license contract and ...


The Case Against Federalizing Trade Secrecy, Christopher B. Seaman 2015 Washington and Lee University School of Law

The Case Against Federalizing Trade Secrecy, Christopher B. Seaman

Faculty Scholarship

Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights.

This Article engages in the first systematic critique of the claim that federalizing trade secrecy ...


A Comparative Analysis Of The Efficacy Of Bilateral Agreements In Resolving Disputes Between Sovereigns Arising From Extraterritorial Application Of Antitrust Law: The Australian Agreement, James W. King 2015 University of Georgia School of Law

A Comparative Analysis Of The Efficacy Of Bilateral Agreements In Resolving Disputes Between Sovereigns Arising From Extraterritorial Application Of Antitrust Law: The Australian Agreement, James W. King

Georgia Journal of International & Comparative Law

No abstract provided.


Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello 2015 Indiana Tech Law School

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello

Adam Lamparello

The Alabama Court of the Judiciary should remove Roy Moore from the Supreme Court of Alabama for a second and final time. Over ten years after being ousted from the Alabama Supreme Court, Chief Justice Moore is embroiled in yet another controversy that involves disregarding the federal courts and creating chaos in the legal system. In fact, Moore recently stated that he would ignore the Supremacy Clause and not respect a U.S. Supreme Court decision invalidating same-sex marriage bans. That statement brings back memories of Governor Wallace’s infamous stand at the schoolhouse door. At least Wallace had a ...


Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley 2015 University of Georgia School of Law

Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunities Act - Immunity Exception Provisions Of § 1330(A) - Harris Corp. V. National Iranian Radio & Television, Melanie Howell 2015 University of Georgia School of Law

Foreign Sovereign Immunities Act - Immunity Exception Provisions Of § 1330(A) - Harris Corp. V. National Iranian Radio & Television, Melanie Howell

Georgia Journal of International & Comparative Law

No abstract provided.


Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish 2015 University of Georgia School of Law

Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish

Georgia Journal of International & Comparative Law

No abstract provided.


The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser 2015 University of Georgia School of Law

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.


Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter 2015 University of Georgia School of Law

Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown 2015 University of Georgia School of Law

Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant 2015 University of Georgia School of Law

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress