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Conflict Of Laws, Perry Dane 2009 Rutgers School of Law -- Camden

Conflict Of Laws, Perry Dane

Perry Dane

This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates ...


The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow 2009 University of East Anglia

The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow

Christopher Wadlow

In 1918, the United States confiscated virtually all German-owned intellectual property assets within its jurisdiction. Out of 6,000 patents in the chemical field, 4,500 were assigned for a very modest consideration to an newly-established entity, the Chemical Foundation, which was incorporated with the objective of licensing and managing them for the benefit of the United States chemical industry. This article describes the origins and activities of the Chemical Foundation, and considers whether it provides a useful model, or at least useful lessons, for the collective management of patents today.


To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln 2009 University of California, Berkeley

To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln

Ryan S. Lincoln

No abstract provided.


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan 2009 University of Kansas School of Law

Did The Madisonian Compromise Survive Detention At Guantanamo?, Lumen N. Mulligan

Lumen N. Mulligan

In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal district court must be available to the petitioners. Although this has gone largely unnoticed, I contend that this holding is inconsistent with the Madisonian Compromise - the standard view that the Constitution does not require jurisdiction in any federal court, except the Supreme Court. In fact, it appears that the Court adopted Justice Story’s position that the Constitution requires vesting of jurisdiction ...


Federal Courts Not Federal Tribunals, Lumen N. Mulligan 2009 University of Kansas School of Law

Federal Courts Not Federal Tribunals, Lumen N. Mulligan

Lumen N. Mulligan

The Court has employed inferred-cause-of-action doctrine to foster the rights of individuals, from injured workers to female college applicants to defrauded investors and targets of racial discrimination. Although the question of whether the federal courts ought to infer causes of action from federal statutes is an old chestnut in the federal-courts field, a new basis for barring such a practice has arisen, requiring fresh attention to the Court's inferred-cause-of-action doctrine. This new position asserts that inferring a cause of action is not merely poor judicial policy but extra-jurisdictional under either 28 U.S.C. - 1331 or Article III. Borrowing ...


Avvisa Eller Ogilla?, Christoffer Wong 2009 Faculty of Law, Lund University

Avvisa Eller Ogilla?, Christoffer Wong

Christoffer Wong

This contribution examines the question whether a court should acquit (i.e. to deliver a verdict of ‘not guilty’) or to dismiss a criminal proceeding when it, e.g. lacks jurisdiction to adjudge the case. The choice may have implications on the question of ne bis in idem.


Judicialização Da Política, Poder Judiciário E Comissões Parlamentares De Inquérito No Brasil, Eduardo Meira Zauli Dr. 2009 Federal University of Minas Gerais

Judicialização Da Política, Poder Judiciário E Comissões Parlamentares De Inquérito No Brasil, Eduardo Meira Zauli Dr.

Eduardo Meira Zauli

No abstract provided.


Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry R. Fleurantin 2009 Larry R. Fleurantin & Associates, P.A.

Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry R. Fleurantin

Larry R. Fleurantin

In order for an appellate court to review an agency action, the action must be final and all administrative remedies must be exhausted. With regard to the exhaustion requirement, the author examines how the majority of circuits have held that federal circuit courts have jurisdiction to review immigration claims considered sua sponte by the Board of Immigration Appeals. However, the Eleventh Circuit seems to be the one outlier finding no jurisdiction, and the author believes the holding in Amaya-Artunduaga v. United States Attorney General to be incorrect and recommends it be overruled


Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson 2009 Harvard Law School

Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson

Gregory M Dickinson

In Wyeth v. Levine the Supreme Court once again failed to reconcile the interpretive presumption against preemption with the sometimes competing Chevron doctrine of deference to agencies' reasonable statutory interpretations. Rather than resolve the issue of which principle should govern where the two principles point toward opposite results, the Court continued its recent practice of applying both principles halfheartedly, carving exceptions, and giving neither its proper weight.

This analysis situates Wyeth within the larger framework of the Court's recent preemption decisions in an effort to explain the Court's hesitancy to resolve the conflict. The analysis concludes that the ...


Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart 2009 Columbia University

Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws ...


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