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The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin 2015 University of Akron

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Bernadette Bollas Genetin

In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under ...


The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin 2015 University of Akron

The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin

Akron Law Publications

In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under ...


The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke 2014 University of Georgia School of Law

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter 2014 University of Georgia School of Law

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh 2014 University of Georgia School of Law

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.


Supreme Court, New York County, People V. Cespedes, Kathleen Egan 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.


Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb 2014 University of Georgia School of Law

Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb

Georgia Journal of International & Comparative Law

No abstract provided.


An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez 2014 University of Georgia School of Law

An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez

Georgia Journal of International & Comparative Law

No abstract provided.


The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris 2014 University of Georgia School of Law

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay 2014 University of Georgia School of Law

Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay

Georgia Journal of International & Comparative Law

No abstract provided.


A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden 2014 University of Georgia School of Law

A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden

Georgia Journal of International & Comparative Law

No abstract provided.


To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed 2014 University of Georgia School of Law

To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr. 2014 University of Georgia School of Law

Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Litigation Budget, Jay Tidmarsh 2014 Notre Dame Law School

The Litigation Budget, Jay Tidmarsh

Jay Tidmarsh

Because of fears that litigation is too costly, reduction of litigation expenses has been the touchstone of procedural reform for the past thirty years. In certain circumstances, however, the parties have incentives—both rational and irrational—to spend more on a lawsuit than the social benefits that the case provides. Present and proposed reform efforts do not adequately address these incentives, and in some instances exacerbate the parties’ incentives to overspend. The best way to ensure that the cost of a lawsuit does not exceed the benefits that it provides to the parties and society is to control spending directly ...


The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer 2014 Seattle University School of Law

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s ...


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra LaCour 2014 Seattle University School of Law

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis ...


The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer 2014 Widener Law

The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer

Luke M Scheuer

In recent years many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public are faced with some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and ...


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess 2014 University of South Dakota School of Law

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess

Wendy Hess

South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today.

The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn more ...


An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein 2014 Boston College Law School

An Era Of Continued Neglect: Assessing The Impact Of Congressional Exemptions For Alaska Natives, Samuel Gottstein

Boston College Law Review

Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would otherwise give people in these communities the ability to protect themselves. Although public outcry has prompted pending legislation in Congress to repeal some of these exemptions, such as the Alaska Safe Families and Villages Act, even that legislation does not go far enough to achieve a permanent and effective solution to what is a life-or-death ...


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