An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, 2021 Emory University
An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, Samuel Steele Mclelland, James R. Baxter
Arkansas Law Notes
Another election cycle always means a renewal of fresh lawsuits and legal questions, and 2022 is no exception. the announcement of Sarah Huckabee Sanders’s run for Governor of Arkansas reignites an interesting aspect of Arkansas’s Constitution: must a candidate for Governor live in the State of Arkansas for seven consecutive years, immediately preceding taking office? A final ruling by the Arkansas Supreme Court will give clarity and stability going forward for the most important elected position in the state.
The Cost Of Doing Business? Corporate Registration As Valid Consent To General Personal Jurisdiction, 2021 Washington and Lee University School of Law
The Cost Of Doing Business? Corporate Registration As Valid Consent To General Personal Jurisdiction, Matthew D. Kaminer
Washington and Lee Law Review Online
Every state has a statute that requires out-of-state corporations to register with a designated official before doing business there, but courts disagree on what impact, if any, those statutes can or should have on personal jurisdiction doctrine. A minority of states interpret compliance with their registration statutes as the company’s consent to general personal jurisdiction, meaning it can be sued on any cause of action there, even those unrelated to the company’s conduct in that state. The United States Supreme Court upheld this “consent by registration” theory over 100 years ago, but since then has manifested a sea change in …
Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, 2021 Dalhousie University Schulich School of Law
Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah
This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, 2021 University of Washington School of Law
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi
Washington Law Review
Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.
The current heightened pleading standard …
Absurd Overlap: Snap Removal And The Rule Of Unanimity, 2021 William & Mary Law School
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
William & Mary Law Review
Snap removal employs “a literalist approach” to the statute governing the procedural mechanism for removing cases from state court to federal court. In a typical removal scenario, defendants sued in state court would have the option to be heard in federal court instead, given that certain conditions are satisfied. [S]nap removal essentially allows the defendants to forego a condition that would bar removal if they can file before the plaintiff formally notifies them of the lawsuit. This practice of removing a case before being served with formal process—essentially an act of gamesmanship of the civil procedure system—has gained appellate support …
Judicial Authority On Penalty Clause, 2021 Jinan University
Judicial Authority On Penalty Clause, Alissar Farhat, Saed Yakan
Al Jinan الجنان
It is known that the parties of the contract include, in their contract, a penal clause hoping to urge good implementation and adhere to the specified deadlines without resorting to the judiciary. This clause led to many problems related to its nature. Questions were asked about its lawfulness and the conditions that must fulfill in order to be implemented, and the judiciary’s authority to interfere in the assessment of this clause, especially because this interference is considered an objection to the most important legal principles of the contract, knowing that this clause considers the contract “the law of the contractors”. …
Legal Barriers To Tribal Jurisdiction Over Violence Against Women In Maine: Developments And Paths Forward, 2021 University of Maine School of Law
Legal Barriers To Tribal Jurisdiction Over Violence Against Women In Maine: Developments And Paths Forward, Nina J. Ciffolillo
Maine Law Review
After claiming title to the land now widely known as the United States, colonizers and settlers imposed a legal system that denies Indigenous nations agency. The United States government has launched a steady attack on attributes of Tribal sovereignty since its inception. The sexism entangled with colonialism encourages violence against women, and limitations on Tribal jurisdiction leave Indigenous nations without adequate recourse for violence against women on their land. Violence against women has become an epidemic in Indian Country, and most aggressors come from outside the territory. In 2013 when Congress granted tribes limited criminal jurisdiction over nonmembers on Tribal …
Unpermitted Hajj: Its Provisions And Islamic Jurisprudence Effects, 2021 Ajma university
Unpermitted Hajj: Its Provisions And Islamic Jurisprudence Effects, Asma Salmeen Al-Aryani
UAEU Law Journal
The present study dealt with the unpermitted hajj artfulness, and the pilgrim`s breach of his requisite. This research also elaborated on the juristic judgements and effects related to this problem.The juristic judgements discussed in the present study pivoted around the judgement on the pilgrim`s unpermitted hajj, and on the pilgrim`s artfulness to get the hajj permission. The effects of this phenomenon were viewed from two perspectives: firstly, the effects of prohibiting the pilgrim from the unpermitted hajj subsequent to the absolute Ihram (unconditioned by the removal of Ihram) and after the Ihram that is conditioned by the removal of Ihram. …
Misperception In The Matter Pending On A Condition: Extract From The Book “Garden In The Eye Of The Beholder And Paradise Of The Overseer“ (Rawdat Al-Nazir Wa-Jannat Al-Munazir) Authored By The Scholar Ibn Qudamah (Deceased The Year 620 H), 2021 Associate Professor of Usul al-Fiqh, Assistant Professor in the Ten Recitations of the Holy Quran, Omdurman Islamic University, Sudan, Jazan University - Saudi Arabia
Misperception In The Matter Pending On A Condition: Extract From The Book “Garden In The Eye Of The Beholder And Paradise Of The Overseer“ (Rawdat Al-Nazir Wa-Jannat Al-Munazir) Authored By The Scholar Ibn Qudamah (Deceased The Year 620 H), Dr. Radwan Abdul Rab Saif Al-Sururi
UAEU Law Journal
There were certain texts that were understood in a different interpretation, and it follows that the winds of understanding came with what the conclusion ship does not desire.
The looking for this texts is reflected by the researcher in a series of researches, whose mission is to correct the course of thought, which the text has received on the order of corrupt introductions, so review it on an unintended understanding.
Perhaps the researcher turned to the text itself, so perhaps it what made others disorientation.
This research represents the forefront of these texts that are considered in the book “Rawdat …
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, 2021 Eldredge & Clark, LLP
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison
Arkansas Law Notes
efense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a …
The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, 2021 York University
The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss
Bridges: An Undergraduate Journal of Contemporary Connections
Although South America is earning international attention as an innovative global leader in various fields, it currently remains a nation steeped in traditional beliefs and practices. Despite prevailing laws against domestic violence, countless Latin American women proceed to be failed by the legal system. As South American society produces its own theory of gender justice, apprised by local realities and universally accepted norms, women's rights advocates and the Supreme Court can represent a decisive role in forming the discourse. Throughout this work, I aim to contemplate the powers of the Inter-American Court of Human Rights (IACHR) towards the implementation of …
Enforcing Outbound Forum Selection Clauses In State Court, 2021 University of North Carolina School of Law
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Indiana Law Journal
Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.
This Article aims to fill that gap. …
Constitutional Remedies As Constitutional Law, 2021 Northwestern University Pritzker School of Law
Constitutional Remedies As Constitutional Law, Martin H. Redish
Boston College Law Review
Virtually all constitutional scholars agree, and the Supreme Court has uniformly held, that our entire system of constitutional democracy is premised in important part on the dictate of judicial review, i.e., the power of the judiciary to exercise the final say as to the meaning of the countermajoritarian Constitution’s provisions. Absent judicial review, the fundamental speed bumps to tyranny that the Framers so carefully inserted into our political structure would be rendered all but useless at best and a fraud on the electorate at worst. Yet puzzlingly, most of the very same scholars and judges assume that the very political …
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, 2021 Cornell Law School
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young
Cleveland State Law Review
This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction …
A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, 2021 Brooklyn Law School
A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton
Journal of Law and Policy
Town and village justice courts have been the center of municipal law, both civil and criminal, since the mid-nineteenth century. However, in the modern world, they have become corrupt, poorly managed institutions, creating issues involving procedural integrity and civil rights. In order to remedy these failures and modernize the New York State Unified Court System, state legislators must look to the district court model as it currently exists in Nassau and Eastern Suffolk Counties. The district court model offers several benefits, including the imposition of educational and experiential requirements for judges, the creation of internal and external oversight institutions, the …
"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, 2021 Union College
"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer
Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.
The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and prosecuting …
Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, 2021 Elisabeth Haub School of Law, Pace University
Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa
Pace International Law Review
West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.
The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained …
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, 2021 University of Kentucky
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, Crystal Moore
Journal of Natural Resources & Environmental Law
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., 2021 Villanova University Charles Widger School of Law
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, 2021 Villanova University Charles Widger School of Law
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal
No abstract provided.