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

Jurisdiction Commons

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

3,794 Full-Text Articles 3,072 Authors 2,120,382 Downloads 144 Institutions

All Articles in Jurisdiction

Faceted Search

3,794 full-text articles. Page 1 of 76.

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger 2022 University of Louisville

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.


Public Access To Online Hearings, Jérémy Boulanger-Bonnelly 2022 University of Toronto Faculty of Law

Public Access To Online Hearings, Jérémy Boulanger-Bonnelly

Dalhousie Law Journal

The open court principle faced a significant challenge when courthouses closed their doors to limit the spread of COVID-19. The shift to online hearings in many jurisdictions generated new avenues for public access but also raised concerns for the privacy and security of individuals, and for the administration of justice. Building on existing principles and a review of the measures adopted by courts in Canada, the United Kingdom, the United States, and Australia during the pandemic, this paper seeks to identify best practices to preserve an appropriate balance between openness and competing interests in the online environment. It concludes that ...


An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam 2022 Faculty of Law, Marwadi University

An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam

Indonesia Law Review

Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism ...


A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand 2022 Member, Pennsylvania Bar

A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand

Articles

In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference ...


Case Law On American Indians, Thomas P. Schlosser 2022 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


What It Takes: A Statistical Analysis Of Arkansas Supreme Court’S Petition For Review Process, Justice Rhonda Wood, Jessica Finan Patterson, Brian W. Johnson 2022 University of Arkansas at Little Rock William H. Bowen School of Law

What It Takes: A Statistical Analysis Of Arkansas Supreme Court’S Petition For Review Process, Justice Rhonda Wood, Jessica Finan Patterson, Brian W. Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.


Motion Denied: Procedural Pitfalls Prevail In Motions To Remand, Blair Rotert 2022 Boston College Law School

Motion Denied: Procedural Pitfalls Prevail In Motions To Remand, Blair Rotert

Boston College Law Review

On May 6, 2021, in Shipley v. Helping Hands Therapy, the U.S. Court of Appeals for the Eleventh Circuit held that non-jurisdictional remands must be based on timely motions to remand that assert procedural defects. This holding revisited a split between the U.S. Court of Appeals for the Ninth and Fifth Circuits regarding the proper interpretation of 28 U.S.C. § 1447(c)’s non-jurisdictional remand provision. The Ninth Circuit—much like the Eleventh Circuit but with different reasoning—found that both the raising of the procedural defect and the motion to remand must be timely, whereas the ...


Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen 2022 Northwestern Pritzker School of Law

Foreign Antisuit Injunctions And The Settlement Effect, Connor Cohen

Northwestern University Law Review

International parallel proceedings, which are concurrent identical or similar lawsuits in multiple countries, often ask courts to balance efficiency and fairness against the speculative fear of insulting foreign nations. Some litigants abuse foreign duplicative litigation to exhaust their opponents’ resources and pressure them into settling out of court. This Note provides the first empirical evidence of such abuse of international parallel proceedings: when courts deny motions to enjoin foreign parallel litigation, the settlement rate rises significantly. Considering the results of this empirical project and its limitations, I encourage future studies on international parallel proceedings and settlement. I also argue for ...


Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson 2022 Liberty University

Globalism’S Impact On The Geopolitics Of The Middle East, Emily Patterson

Senior Honors Theses

The important geography of the Middle East contributes to the unquestionable value of the region in international relations. Through examining the origin of geopolitics as well as the relevant political theories, and then applying these theories to the current state of the Middle East, it is evident that the geography of the Middle East has impacted the region’s international significance and stability. Understanding the unique geography assists in explaining the region’s current turmoil. The opposing interests in religion, land, and power catalyze tensions across the Middle East, producing an unstable environment around trade route chokepoints and disputed territories ...


Acid Rain: Detoxifying Diversity Jurisdiction’S Poisonous Cycle, Baerett Nelson, Gavyn Roedel 2022 Brigham Young University

Acid Rain: Detoxifying Diversity Jurisdiction’S Poisonous Cycle, Baerett Nelson, Gavyn Roedel

Brigham Young University Prelaw Review

Diversity jurisdiction authorizes federal courts to act as impartial tribunals over certain matters of state law. To preserve states' judicial sovereignty, the US Supreme Court has prohibited diversity courts from directly interpreting state law, holding that federal courts must "predict" the legal outcome as if a state court had adjudicated. However, litigant abuse hinders consistency in legal outcomes. Discrepancies between courts spur forum shopping, which cyclically generates more legal incongruence. This paper identifies a "toxic cycle" plaguing diversity jurisdiction and offers five prescriptions which courts and Congress must use to reverse it.


Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder 2022 Liberty University

Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder

Helm's School of Government Conference

No abstract provided.


Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons 2022 Villanova University Charles Widger School of Law

Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons

Villanova Environmental Law Journal

No abstract provided.


Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0 2022 University of Washington School of Law

Race And Washington’S Criminal Justice System: 2021 Report To The Washington Supreme Court, Task Force 2.0

Washington Law Review

RACE & WASHINGTON’S CRIMINAL JUSTICE SYSTEM:

EDITOR’S NOTE

As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade later, we are honored to join once again to present the findings of Task Force 2.0. Law journals have enabled generations of legal professionals to introduce, vet, and distribute new ideas, critiques of existing legal ...


State Spoliation Claims In Federal District Courts, Jeffrey A. Parness 2022 Northern Illinois University College of Law

State Spoliation Claims In Federal District Courts, Jeffrey A. Parness

Catholic University Law Review

The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of ...


James Madison And Strict Constructionism, Drew LeMay 2022 Liberty University

James Madison And Strict Constructionism, Drew Lemay

Liberty University Journal of Statesmanship & Public Policy

The United States Constitution has been a battleground between loose and strict constructionism since it was first ratified by the original thirteen colonies. To this day, the debate has continued to rage on across political groups. The question that remains to be answered is which method of interpretation did the Founding Fathers subscribe and intend to be utilized for the following generations. This essay seeks to partially answer that question by analyzing the view of one particular Founder: James Madison, the “Father of the Constitution.”


Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin 2022 American University in Cairo

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors ...


The Judicialization Of Mega-Politics In Egypt’S Administrative Courts: Insight Into The Rulings Of The Egyptian State Council (2000-2020), Ahmed Kamal Bastawisy 2022 American University in Cairo

The Judicialization Of Mega-Politics In Egypt’S Administrative Courts: Insight Into The Rulings Of The Egyptian State Council (2000-2020), Ahmed Kamal Bastawisy

Theses and Dissertations

The interrelationship between law, courts and politics has always been complex and multidimensional. The role and political significance of courts are prominent dimensions of this interrelationship. Over the past decades, there has been global expansion of judicial power, in parallel with the proliferation of modern constitutionalism principles. One of the fundamental manifestations of this trend is the judicialization of politics- the reliance on courts for addressing pivotal social, economic, moral and political controversies and public policy questions. This phenomenon manifests profound transfer of power from representative institutions, mainly legislatures and executives, to judiciaries. Political importance of courts expanded, in scope ...


Bond, Jinxed Bond: Advocating For The Repeal Of The Statutory Ban On Federal Review Of Discretionary Bond Determinations Under 8 U.S.C. § 1226(E), Chelsea B. Eddy 2022 Boston College Law School

Bond, Jinxed Bond: Advocating For The Repeal Of The Statutory Ban On Federal Review Of Discretionary Bond Determinations Under 8 U.S.C. § 1226(E), Chelsea B. Eddy

Boston College Law Review

On average, the government detained a daily population of 19,416 noncitizens in fiscal year 2021. Of the 22,712 bond hearings immigration courts held during this same period, judges denied bond in sixty-nine percent of the cases. Despite the fact that many of these individuals could spend months or even years in detention, the decision of whether to detain belongs exclusively to the Executive Branch, and usually a single immigration judge, without opportunity for judicial review. Consequently, the lack of opportunity to contest the immigration judges’ decisions in federal court has in part led to the prolonged detention of ...


Muskrat Textualism, Matthew L.M. Fletcher 2022 Northwestern Pritzker School of Law

Muskrat Textualism, Matthew L.M. Fletcher

Northwestern University Law Review

The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been terminated and acted accordingly. But only Congress can terminate an Indian reservation, and it simply had never done so in the case of the Creek Reservation. Both the majority and dissenting opinions attempted to claim the mantle of textualism, but their respective analyses led to polar ...


White Collar Crime Between Law And Reality, Alissar Farhat, Saed Yakan 2022 Jinan University

White Collar Crime Between Law And Reality, Alissar Farhat, Saed Yakan

Al Jinan الجنان

White collars crimes are considered one of the most serious dilemmas facing the modern world, due to the emergence of many criminal organizations and the expansion of their illegal activity as a result of the development of means of transportation, communication and information technology. Therefore, this made it easier for these organizations to exploit this development to their advantage, making it difficult for individual countries to fight this type of organized crime, which led to the need of international cooperation in combatting them. These crimes are increasing by number every day and are no longer occurring in developing countries only ...


Digital Commons powered by bepress