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2,569 full-text articles. Page 52 of 53.

Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop 2010 Sovereign Geographic, Inc.

Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


Federal Regulation Of State Court Procedures, Anthony J. Bellia 2010 Notre Dame Law School

Federal Regulation Of State Court Procedures, Anthony J. Bellia

Journal Articles

May Congress regulate the procedures by which state courts adjudicate claims arising under state law? Recently, Congress not only has considered several bills that would do so, but has enacted a few of them. This Article concludes that such laws exceed Congress's constitutional authority. There are serious questions as to whether a regulation of court procedures qualifies as a regulation of interstate commerce under the Commerce Clause. Even assuming, however, that it does qualify as such, the Tenth Amendment reserves the power to regulate court procedures to the states. Members of the Founding generation used conflict-of-laws language to describe ...


Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler 2010 American University Washington College of Law

Ending Genetic Monopolies: How The Trips Agreement's Failure To Exclude Gene Patents Thwarts Innovation And Hurts Consumers Worldwide, Cydney A. Fowler

American University International Law Review

No abstract provided.


The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton 2010 Melbourne Law School

The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton

Michigan Journal of International Law

This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?


National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum 2010 Indiana University Maurer School of Law

National Jurisdiction And Global Business Networks (Earl A. Snyder Lecture In International Law), Hannah Buxbaum

Indiana Journal of Global Legal Studies

Earl A. Snyder Lecture in International Law, November 1, 2007, Lauterpacht Centre for International Research, University of Cambridge.


Chasing Ghosts: Pursuing Retroactive Justice For Franco-Era Crimes Against Humanity, Angela M. Guarino 2010 Boston College Law School

Chasing Ghosts: Pursuing Retroactive Justice For Franco-Era Crimes Against Humanity, Angela M. Guarino

Boston College International and Comparative Law Review

In October 2008, Judge Baltasar Garzón declared himself competent to open Spain’s first criminal investigation of Franco-era atrocities. His decision formally classified the 114,000 executions and thousands of forced disappearances that occurred during the Spanish Civil War and ensuing dictatorship as crimes against humanity. It also accused Francisco Franco and thirty-four of his generals and ministers of having committed these crimes. Throughout Spain’s transition to democracy and beyond, Spain has adhered to a “pact of forgetting,” formalized by a 1977 amnesty law, in which political leaders agreed that regime members would not be prosecuted for their acts ...


One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend 2010 Villanova University Charles Widger School of Law

One Nation, Under Securities Fraud: The Third Circuit Notches A Win For Federalism In In Re Lord Abbett Mutual Funds Fee Litigation, Ethan H. Townsend

Villanova Law Review

No abstract provided.


Foreign Fishing Piracy Vs. Somalia Piracy – Does Wrong Equal Wrong?, Leticia M. Diaz, Barry Hart Dubner 2010 Barry University School of Law

Foreign Fishing Piracy Vs. Somalia Piracy – Does Wrong Equal Wrong?, Leticia M. Diaz, Barry Hart Dubner

Barry Law Review

This article is a sequel to the authors' last article, On the Evolution of the Law of International Sea Piracy, published in December 2009. That article attempted to illustrate the enormous problem of sea piracy off of Somalia. This article was inspired by the authors' attendance and participation at a two-day conference sponsored by the Harvard Kennedy School’s Belfer Center for Science and International Affairs. After the conference the authors were inspired to write this article, setting forth a view of why Somali piracy started and some of the problems created by these illegal acts.


Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina 2010 University of Oklahoma College of Law

Federal Preemption: A Roadmap For The Application Of Tribal Law In State Courts, Jackie Gardina

American Indian Law Review

This article contends that state courts are not necessarily free to apply state law when the courts are exercising concurrent adjudicative jurisdiction with tribal courts. Instead, Indian law principles of preemption direct state courts to apply tribal law in certain cases. A guiding principle emerges from the preemption analysis: if a tribe has legislative jurisdication over the dispute, tribal law must ordinarily be applied. In these instances, a state's laws, including its choice-of-law rules, are preempted by federal common law because their application interferes with the federal government's and the tribes' interest in promoting tribal self-government, including the ...


Sovereign Litigants: Native American Nations In Court, Catherine T. Struve 2010 Villanova University Charles Widger School of Law

Sovereign Litigants: Native American Nations In Court, Catherine T. Struve

Villanova Law Review

No abstract provided.


“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl 2010 Barry University School of Law

“Runaway Train”: Controlling Crimes Committed By Private Contractors Through Application Of The Uniform Code Of Military Justice, Matthew Dahl

Barry Law Review

This paper will argue that, in the absence of effective alternatives, the new law granting court-martial jurisdiction over civilians is a necessary step in effectively controlling crimes by private contractors and other civilians accompanying U.S. armed forces overseas if other measures are not effectuated. Part II will look at two important Supreme Court decisions that currently restrict the military’s ability to court-martial civilians, and it will also highlight the government’s attempts over the past 50 years to come up with a solution to the problem. Part III will examine three alternatives to the amendment to Article 2 ...


Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak 2010 John Marshall Law School

Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak

The John Marshall Law Review

No abstract provided.


The Federal Circuit: A Model For Reform?, Paul D. Carrington, Paulina Orchard 2010 Duke Law School

The Federal Circuit: A Model For Reform?, Paul D. Carrington, Paulina Orchard

Faculty Scholarship

Are our federal courts organized suitably to perform their mission of assuring coherent administration of our national law? Maybe not. The senior author of this Article, along with many others, argued to the contrary forty years ago. Now, experience with the United States Court of Appeals for the Federal Circuit tends to confirm that an alternative structure of the federal judiciary could better serve the need for coherent national law, and without serious adverse consequences. Perhaps, therefore, it is now time for Congress to reconsider the matter. We here suggest the possibility that the United States replicate the structure of ...


Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley 2010 University of Oklahoma College of Law

Defining Indian Status For The Purpose Of Federal Criminal Jurisdiction, Katharine C. Oakley

American Indian Law Review

No abstract provided.


Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill 2010 University of Oklahoma College of Law

Another Blow To Tribal Sovereignty: A Look At Cross-Jurisdictional Law-Enforcement Agreements Between Indian Tribes And Local Communities, Andrew G. Hill

American Indian Law Review

No abstract provided.


Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff 2010 University of Colorado Law School

Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff

Articles

This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from ...


Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld 2010 University of Michigan Law School

Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld

Articles

Article I, Section 8 and Article Ill, Section 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not enumerated. According to conventional thinking, this strategy has failed in connection with Article I and succeeded in connection with Article III. That is, it is widely acknowledged that Congress routinely exercises powers that are difficult to square with the Article I enumeration; but it is commonly thought that ...


Crow Dog Vs. Spotted Tail: Case Closed, Vivek Sankaran, Timothy Connors 2010 University of Michigan Law School

Crow Dog Vs. Spotted Tail: Case Closed, Vivek Sankaran, Timothy Connors

Articles

In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his ...


Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons 2010 Boston College Law School

Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons

Boston College Law School Faculty Papers

This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday’s telephone and cable companies now compete head-to-head to offer consumers the vaunted “triple play” of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view ...


Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean McGrane 2010 University of Michigan Law School

Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane

Michigan Law Review

In the days following Hurricane Katrina, as lawlessness and violence spread throughout New Orleans, the White House considered invoking the Insurrection Act so that members of the U.S. military could legally perform law enforcement functions inside the flooded city. This Note contends that the White House's decision not to invoke the Act was substantially driven by federalism concerns-in particular, concerns about intruding on Louisiana's sovereignty. But, this Note further contends, in focusing so heavily on these state sovereignty concerns, the White House largely ignored the other side of the 'federalism coin "-namely, enabling the federal government to ...


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