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

Jurisdiction Commons

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

1,485 Full-Text Articles 1,127 Authors 505,410 Downloads 79 Institutions

All Articles in Jurisdiction

Faceted Search

1,485 full-text articles. Page 1 of 25.

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2015 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


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

This survey of the economic analysis of procedure focuses on dispositive motions, discovery, and jurisdiction. 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. Because theory is often indeterminate, this survey ...


Information Technology And The Law - An Overview Of Issues, Ulf Maunsbach 2015 Lund University, Faculty of Law

Information Technology And The Law - An Overview Of Issues, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


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 ...


Internazionale Medico Scientifica, S.R.L, Mohamad Ali Ali Yousefkhani Mr 2015 Michigan State University College of Law

Internazionale Medico Scientifica, S.R.L, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen 2015 Jenner & Block

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris 2015 University of Georgia School of Law

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.


Congress And The 1980 International Sales Convention, Peter Winship 2015 Southern Methodist University

Congress And The 1980 International Sales Convention, Peter Winship

Georgia Journal of International & Comparative Law

No abstract provided.


Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley 2015 Western University

Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley

Western Journal of Legal Studies

This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


Jones, Lackey, And Teague, Richard Broughton 2015 University of Detroit Mercy School of Law

Jones, Lackey, And Teague, Richard Broughton

Richard Broughton

In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims ...


Protecting Political Participation Through The Voter Qualifications Clause Of Article I, Franita Tolson 2015 Florida State University College of Law

Protecting Political Participation Through The Voter Qualifications Clause Of Article I, Franita Tolson

Boston College Law Review

The Voter Qualifications Clause of Article I, Section 2 of the U.S. Constitution makes federal voting rights dependent upon participation in state elections. This Article argues that the right to vote in federal elections, as defined by Article I, incorporates both i) state constitutional law governing the right to vote and ii) the democratic norms that existed within the states at the founding as the basis for determining the qualifications of federal electors. The democratic norms governing political participation can be traced to founding-era state constitutions that preserved the fundamental right of citizens to “alter or abolish” their governments ...


Countervailing Duties: Court Of International Trade Determines That Countervailing Duty Law Is Applicable To Countries Having Nonmarket Economies. Continental Steel Corp. V. United States, 614 F. Supp. 548 (Ct. Int'l Trade 1985)., Susan L. Wallis 2015 University of Georgia School of Law

Countervailing Duties: Court Of International Trade Determines That Countervailing Duty Law Is Applicable To Countries Having Nonmarket Economies. Continental Steel Corp. V. United States, 614 F. Supp. 548 (Ct. Int'l Trade 1985)., Susan L. Wallis

Georgia Journal of International & Comparative Law

No abstract provided.


Annual Survey Of Developments In International Trade Law: 1985, Georgia Journal of International and Comparative Law 2015 University of Georgia School of Law

Annual Survey Of Developments In International Trade Law: 1985, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. McCredie 2015 Montgomery County, PA

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.


The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey 2015 Covington & Burling

The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey

Georgia Journal of International & Comparative Law

No abstract provided.


Antidumping - Redefinition Of Confidentiality And Right Of Judicial Review - Institution Of A New Form Of Relief: Timex Corporation V. Council And Commission Of The European Communities, Carlton L. Kell 2015 University of Georgia School of Law

Antidumping - Redefinition Of Confidentiality And Right Of Judicial Review - Institution Of A New Form Of Relief: Timex Corporation V. Council And Commission Of The European Communities, Carlton L. Kell

Georgia Journal of International & Comparative Law

No abstract provided.


International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings 2015 University of Georgia School of Law

International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings

Georgia Journal of International & Comparative Law

No abstract provided.


Hague Evidence Convention: A Practical Guide To The Convention, United States Case Law, Convention - Sponsored Review Commissions (1978 And 1985), And Responses Of Other Signatory Nations: With Digest Of Cases And Bibliography, Denise L. Dunham 2015 University of Georgia School of Law

Hague Evidence Convention: A Practical Guide To The Convention, United States Case Law, Convention - Sponsored Review Commissions (1978 And 1985), And Responses Of Other Signatory Nations: With Digest Of Cases And Bibliography, Denise L. Dunham

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Judicial Jurisdiction In International Cases, Gary B. Born 2015 University of Arizona

Reflections On Judicial Jurisdiction In International Cases, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress