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2310 full-text articles. Page 1 of 47.

Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel 2017 Duke Law School

Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel

Faculty Scholarship

Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and ...


A Case Study On Court Of Appeals Finality, Michael Nolan 2016 New York Court System

A Case Study On Court Of Appeals Finality, Michael Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer 2016 University of Pennsylvania

Spelling Out Spokeo, Craig Konnoth, Seth F. Kreimer

Faculty Scholarship

For almost five decades, the injury-in-fact requirement has been a mainstay of Article III standing doctrine. Critics have attacked the requirement as incoherent and unduly malleable. But the Supreme Court has continued to announce “injury in fact” as the bedrock of justiciability. In Spokeo v. Robins, the Supreme Court confronted a high profile and recurrent conflict regarding the standing of plaintiffs claiming statutory damages. It clarified some matters, but remanded the case for final resolution. This Essay derives from the cryptic language of Spokeo a six stage process (complete with flowchart) that represents the Court’s current equilibrium. We put ...


A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger 2016 Osgoode Hall Law School of York University

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Benjamin L Berger

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a ...


Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh 2016 Barry University School of Law

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.


The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia 2016 Notre Dame Law School

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004 ...


Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?, Anthony Todaro 2016 Seton Hall University

Sea-Spondeat Superior: Are Cruise Ships Liable For On-Board Medical Malpractice?, Anthony Todaro

Seton Hall Circuit Review

No abstract provided.


Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery 2016 Nevada Law Journal

Mcnamara V. State, 132 Nev. Adv. Op. 60 (August 12, 2016), Annie Avery

Nevada Supreme Court Summaries

The Court determined that (1) the state of Nevada has territorial jurisdiction under NRS 171.020 when a defendant has criminal intent and he or she performs any act in this state in furtherance of that criminal intent; (2) territorial jurisdiction is a question of law for the court, not a question of fact for the jury; (3) the State bears the burden of proving territorial jurisdiction by a preponderance of the evidence; and (4) omitting a lesser offense on a jury form is not a reversible error where the jury is properly instructed on the lesser offense.


Waiving Jurisdiction, Jessica Berch 2016 Concordia University School of Law

Waiving Jurisdiction, Jessica Berch

Pace Law Review

This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why this reaction is unwarranted, and advocates that, in cases like Kroger, a defect in the district court’s subject-matter jurisdiction should be deemed waived if not raised before trial begins or any adjudication is made on the merits.

This Article proceeds in four parts. Part I briefly reviews why the current system of strong rhetoric, riddled with myriad exceptions, is cumbersome, confusing, and unnecessary. Part II examines other structural constitutional doctrines that courts have nonetheless deemed waivable: mootness, sovereign immunity, and territorial conceptions of personal jurisdiction. In ...


Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza MIK 2016 Singapore Management University

Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik

Eliza Mik

The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law ...


Jurisdiction By Cross-Reference, Lumen N. Mulligan 2016 University of Kansas School of Law

Jurisdiction By Cross-Reference, Lumen N. Mulligan

Lumen N. Mulligan

State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to the fore most clearly when a federal court must determine whether such bodies of law create federal question jurisdiction. Indeed, the federal courts have issued scores of seemingly inconsistent opinions on these cross-referential cases. In this Article, I offer an ordering principle for these apparently varied, cross-referential jurisdictional cases. I argue that the federal courts only take federal question jurisdiction over crossreferenced claims when they, from a departmental perspective, maintain declaratory authority over the cross-referenced law ...


Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner 2016 University of Georgia School of Law

Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi 2016 University of Georgia School of Law

Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks 2016 University of Georgia School of Law

Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks

Georgia Journal of International & Comparative Law

No abstract provided.


Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School of Law 2016 Rhode Island Lawyers Weekly

Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen 2016 University of Iowa College of Law

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

Jason Rantanen

No abstract provided.


Forum Selling, Daniel M. Klerman, Greg Reilly 2016 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 ...


Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. McComie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk 2016 University of Georgia

Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


International Straits: The Right Of Access, R. P. Cundick 2016 US Army Judge Advocate General's Corps

International Straits: The Right Of Access, R. P. Cundick

Georgia Journal of International & Comparative Law

No abstract provided.


United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton 2016 US Army Trial Judiciary

United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton

Georgia Journal of International & Comparative Law

No abstract provided.


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