Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?,
2020
Seattle University School of Law
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Seattle University Law Review SUpra
No abstract provided.
Jurisdiction In Relation To Hostile Trust Litigation,
2020
Singapore Management University
Jurisdiction In Relation To Hostile Trust Litigation, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Virtual Pretrial Jurisdiction For Virtual Contacts,
2020
Brooklyn Law School
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Brooklyn Law Review
Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises out of …
A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses,
2020
University of Miami Law School
A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses, Harout J. Samra, Ramya Ramachanderan
University of Miami Law Review
Defective arbitration and dispute resolution clauses—widely called “pathological clauses”—may undermine parties’ intent to seek recourse to arbitration rather than the courts. Questions concerning the existence and validity of arbitration clauses are subject to state contract law despite the wide sweep of the Federal Arbitration Act. This Article examines selected common “pathologies” and reviews recent court decisions, including from the Eleventh Circuit Court of Appeals and its constituent federal district courts, concerning the enforcement of such clauses.
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act,
2020
University of Miami Law School
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas
University of Miami Law Review
The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made …
A Taxonomy Of Cryptocurrency Enforcement Actions,
2020
Brooklyn Law School
A Taxonomy Of Cryptocurrency Enforcement Actions, Peter J. Henning
Brooklyn Journal of Corporate, Financial & Commercial Law
This article looks at how the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have pursued cases involving cryptocurrencies. A number of prosecutions have been brought against defendants who misled investors into believing that they were obtaining cryptocurrencies when in fact there were simply false statements and schemes to defraud, such as Ponzi schemes. When a company has attempted to issue a cryptocurrency to investors, the SEC has relied on Section 5(a) and 5(c) of the Securities Act of 1933 to require that issuers file a registration statement with the Commission. This is not an easy process …
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce,
2020
Brooklyn Law School
South Dakota V. Wayfair: An Ill-Conceived Blow To The Free Flow Of Interstate Commerce, Revel Shinn Atkinson
Brooklyn Journal of Corporate, Financial & Commercial Law
For more than a century, brick-and-mortar retailers have been losing local customers—first with the rise of mail-order houses and then more acutely with the rapid growth of online retail. As a result, states have noticed a significant loss in sales tax revenue. While an equivalent amount of tax is typically still owed to the state in the form of a use tax, which is to be remitted to the state by the customer, because these taxes are not automatically collected at the time of the sale, customers have overwhelmingly elected not to pay them. In an effort to recover this …
Regulation Of Lobster Bait Alternatives In New England,
2020
Rhode Island Sea Grant Law Fellow
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
A Balanced Consideration Of The Federal Circuit’S Choice-Of-Law Rule,
2020
Harvard Law School
A Balanced Consideration Of The Federal Circuit’S Choice-Of-Law Rule, Jennifer E. Sturiale
Utah Law Review
The Federal Circuit’s jurisdiction is unique. Unlike the jurisdiction of all other U.S. courts of appeals, the Federal Circuit’s jurisdiction is defined not by its geographical boundaries, but rather by the subject matter of the original claims and compulsory counterclaims. The court has appellate jurisdiction over final decisions from all U.S. district courts if a plaintiff’s claim or a party’s counterclaim arises under the patent laws. From this unusual jurisdictional grant, the Federal Circuit has concluded that, as a policy matter, it should apply and develop its own law only if the legal issue pertains to patent law. For all …
The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses,
2020
Seattle University School of Law
The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal
Seattle Journal for Social Justice
No abstract provided.
Dprk Maritime Sanctions Enforcement,
2020
U.S. Indo-Pacific Command
Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo
International Law Studies
The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality,
2020
University of Georgia School of Law
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher
Georgia Journal of International & Comparative Law
No abstract provided.
Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart,
2020
Louisiana State University Law Center
Srtma: Reappraising The Bp Well Blowout In Light Of Pippen, Theriot, Doiron, And Grubart, John J. Costonis
Louisiana Law Review
The article discusses the issues on the choice of law and jurisdiction in tortious or contractual events involving binary terrestrial/aquatic oil and gas drilling operations in the U.S.' Outer Continental Shelf (OCS) and the provisions of the Outer Shelf Lands Act (OCSLA).
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations,
2020
University of Maine School of Law
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that …
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations,
2020
University of Maine School of Law
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that …
The Limited Power Of Federal Bankruptcy Courts To Stay Enforcement Of State Environmental Regulations,
2020
University of Maine School of Law
The Limited Power Of Federal Bankruptcy Courts To Stay Enforcement Of State Environmental Regulations, David A. Brenningmeyer
Maine Law Review
Over the course of the past few decades, public awareness of privately created environmental hazards has risen. As a result, state and federal legislatures have been moved to enact comprehensive environmental laws that serve both to remedy past harms and to prevent future ones. Today, environmental statutes seek to correct and prevent public health hazards as diverse as groundwater contamination, toxic waste disposal, soil contamination, destruction of native plant and animal habitats, and air pollution, to name but a few. In addition, state and federal courts have permitted the invocation of common law theories, such as nuisance and trespass, to …
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery,
2020
University of Maine School of Law
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley
Maine Law Review
The pretrial process of discovery governed by Federal and Maine Rule of Civil Procedure 26 enables plaintiffs in product liability actions to delve where few people have delved before—into a corporation's internal memoranda, competitive practices, and secret product or design information as well as other less sensitive information in a company's possession. Discovery, in this context as in others, is a powerful tool determined by the courts to be necessary for the just litigation of claims. As a balance to the leeway given parties to compel production of information in discovery, federal and Maine courts have the authority under Federal …
Classifying Systems Of Constitutional Review: A Context-Specific Analysis,
2020
Indiana University Maurer School of Law
Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan
Indiana Journal of Constitutional Design
Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the …
Reflections On The Effects Of Federalism On Opioid Policy,
2020
Emory University School of Law
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
