Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court,
2015
University of Georgia School of Law
Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish
Georgia Journal of International & Comparative Law
No abstract provided.
The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition,
2015
University of Georgia School of Law
The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser
Georgia Journal of International & Comparative Law
No abstract provided.
Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts,
2015
University of Georgia School of Law
Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter
Georgia Journal of International & Comparative Law
No abstract provided.
Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards,
2015
University of Georgia School of Law
Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown
Georgia Journal of International & Comparative Law
No abstract provided.
Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian.,
2015
University of Georgia School of Law
Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant
Georgia Journal of International & Comparative Law
No abstract provided.
Annual Survey Of Developments In International Trade Law: 1983,
2015
University of Georgia School of Law
Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Product Liability Law In Japan: An Introduction To A Developing Area Of Law,
2015
Continental Bank
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
Ocean Thermal Energy Conversion,
2015
University of Illinois
Ocean Thermal Energy Conversion, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles,
2015
University of Georgia School of Law
Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress
Georgia Journal of International & Comparative Law
No abstract provided.
Annual Survey Of Developments In International Trade Law: 1984,
2015
University of Georgia School of Law
Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction,
2015
Northwestern Pritzker School of Law
Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt
Northwestern University Law Review
Since the early 1990s, the U.S. Circuit Courts of Appeals have been divided on how to determine the citizenship of dissolved or inactive corporations for the purposes of diversity jurisdiction. By the beginning of the twenty-first century, courts of appeals addressing the issue had settled on one of three conclusions: (1) citizenship should be determined only by the corporation’s state of incorporation; (2) citizenship should be determined both by the corporation’s state of incorporation and its last principal place of business; or (3) citizenship should always be determined by the corporation’s state of incorporation, but only be determined by principal …
Cases, Controversies, And Diversity,
2015
Northwestern Pritzker School of Law
Cases, Controversies, And Diversity, F. Andrew Hessick
Northwestern University Law Review
Article III’s diversity jurisdiction provisions extend the federal judicial power to state law controversies between different states or nations and their respective citizens. When exercising diversity jurisdiction, the federal judiciary does not function in its usual role of protecting federal interests or ensuring the uniformity of federal law. Instead, federal courts operate as alternative state courts for resolving disputes between diverse parties. But federal courts often cannot act as alternative state courts because of Article III justiciability doctrines such as standing, ripeness, and mootness. These doctrines define when a federal court may act. But they do not apply to state …
Removal Jurisdiction Over Mass Actions,
2015
University of Washington School of Law
Removal Jurisdiction Over Mass Actions, Mallory A. Gitt
Washington Law Review
The mass action provision in the Class Action Fairness Act of 2005 provides a federal forum for certain state court litigation that resembles class actions but otherwise could not be removed. The provision is triggered when state court plaintiffs propose a joint trial of common legal or factual issues. But defining what constitutes that triggering event has proved difficult for federal courts. They have not used a uniform framework to determine when they have subject matter jurisdiction over the purported mass action, and have lacked a common interpretation of the statutory language to begin the inquiry. That lack of coherence …
A Tale Of Two Jurisdictions,
2015
Vanderbilt University Law School
A Tale Of Two Jurisdictions, Alan M. Trammell
Vanderbilt Law Review
The Supreme Court has recently clarified one corner of personal jurisdiction-a court's power to hale a defendant into court-and pointed the way toward a coherent theory of the rest of the doctrine. For nearly seventy years, the Court has embraced two theories of when jurisdiction over a defendant is permissible. The traditional theory, general jurisdiction, authorizes jurisdiction when there is a tight connection between the defendant and the forum. The modern theory, specific jurisdiction, focuses more on the connection between the lawsuit itself and the forum. Although the two theories should have developed in tandem, the doctrine has become a …
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches,
2015
Cornell Law School
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
Michael C. Dorf
No abstract provided.
Internazionale Medico Scientifica, S.R.L,
2015
Araz
Internazionale Medico Scientifica, S.R.L, Mohamad Ali Ali Yousefkhani Mr
Mohamad Ali Ali Yousefkhani
No abstract provided.
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines,
2015
Jenner & Block
Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect,
2015
University of Georgia School of Law
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
Congress And The 1980 International Sales Convention,
2015
Southern Methodist University
Congress And The 1980 International Sales Convention, Peter Winship
Georgia Journal of International & Comparative Law
No abstract provided.
Jones, Lackey, And Teague,
2015
University of Detroit Mercy School of Law
Jones, Lackey, And Teague, Richard Broughton
Richard Broughton
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
