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2,662 full-text articles. Page 52 of 54.

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman 2010 Washington and Lee University School of Law

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman

Washington and Lee Law Review

A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have ...


The Tax Injunction Act And Federal Jurisdiction: Reasoning From The Underlying Goals Of Federalism And Comity, David Fautsch 2010 University of Michigan Law School

The Tax Injunction Act And Federal Jurisdiction: Reasoning From The Underlying Goals Of Federalism And Comity, David Fautsch

Michigan Law Review

States routinely contest federal jurisdiction when a state tax is challenged in federal district court on federal constitutional grounds. States argue that the Tax Injunction Act, 28 U.S.C. § 1341 (2006), bars jurisdiction and, even if the Tax Injunction Act does not apply, the principals of federalism and comity require abstention. The United States Supreme Court has not squarely addressed the scope of federalism and comity in relation to the Tax Injunction Act, and federal courts of appeal are split. In the Fourth and Tenth Circuits, federalism and comity require federal district courts to abstain even where the Tax ...


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland 2010 Valparaiso University

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How ...


A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel 2010 University of Richmond

A Review Of The Law In Jurisdictions Requiring Electronic Recording Of Custodial Interrogations, Alan M. Gershel

Richmond Journal of Law & Technology

Although not constitutionally required, it has become considerably more commonplace for law enforcement to electronically record a suspect’s custodial interrogation. This includes a complete recording, beginning with the advice of rights and continuing through the end of the interrogation. In fact, society now recognizes it as a useful, if not necessary, tool for law enforcement.


Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher 2010 Michigan State University College of Law

Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art 2010 Northwestern University School of Law

An Empirical Examination Of Universal Jurisdiction For Piracy, Eugene Kontorovich, Steven Art

Faculty Working Papers

This Essay presents the first systematic empirical study of the incidence of universal jurisdiction prosecutions over an international crime. Using data on the number of piracies committed in a twelve year period (1998-2009) obtained from international agencies and maritime industry groups, we determine the percentage of acts of piracy where nations prosecuted under universal jurisdiction we determine the percentage of these cases where nations exercised UJ. Studies of the worldwide use of UJ over other crimes simply count how often UJ has been exercised, but do not attempt to determine the rate of prosecution.

We find that of all clearly ...


There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato 2010 Northwestern University School of Law

There Is No Norm Of Intervention Or Non-Intervention In International Law, Anthony D'Amato

Faculty Working Papers

Comments on Prof. Jianming Shen's position that humanitarian intervention is unlawful under international law and that there is a principle of non-intervention in international law that is so powerful that it amounts to a jus cogens prohibition.


Interlocutory Review By Agreement Of The Parties: A Preliminary Analysis, James Pfander, Dave Pekarek-Krohn 2010 Northwestern University School of Law

Interlocutory Review By Agreement Of The Parties: A Preliminary Analysis, James Pfander, Dave Pekarek-Krohn

Faculty Working Papers

Although the nineteenth century's final judgment rule no longer represents an absolute barrier to interlocutory appellate review, scholars disagree about what should take its place. Some favor a regime of discretionary interlocutory review, with power conferred on appellate courts to select issues that warrant intervention. Others reject discretionary review as a waste of appellate resources and call upon the rule makers to identify specific categories of non-final orders that always warrant review. While the Supreme Court's collateral order doctrine bears some similarity to this process of categorization, the Court may have called a halt to the judicial recognition ...


Article Iii And The Scottish Enlightenment, James E. Pfander 2010 Northwestern University School of Law

Article Iii And The Scottish Enlightenment, James E. Pfander

Faculty Working Papers

Historically-minded scholars and jurists invariably turn to English law and precedents in attempting to recapture the legal world of the framers. Blackstone's famous Commentaries on the Laws of England offers a convenient reference for moderns looking backwards. Yet the generation that framed the Constitution often relied on other sources, including Scottish law and legal institutions. Indeed, the Scottish judicial system provided an important, but overlooked, model for the framing of Article III. Unlike the English system of overlapping jurisdiction, the Scottish judiciary featured a hierarchical, appellate-style judiciary, with one supreme court sitting at the top and an array of ...


Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, David A. Dana, Michael Barsa 2010 Northwestern University School of Law

Three Obstacles To The Promotion Of Corporate Social Responsibility By Means Of The Alien Tort Claims Act: The Sosa Court's Incoherent Conception Of The Law Of Nations, The "Purposive" Action Requirement For Aiding And Abetting, And The State Action Requirement For Primary Liability, David A. Dana, Michael Barsa

Faculty Working Papers

The ATCA could be a powerful tool to promote corporate CSR, especially in developing countries where local legal restraints are weak. But despite the good normative reasons why the ATCA should be used in this way, serious obstacles remain. The Supreme Court's ahistorical and incoherent formulation of the "law of nations" fails to promote the development of the ATCA in ways that would cover even serious environmental harm. Also, the federal courts' confused jurisprudence concerning aiding and abetting and state action creates too many loopholes through which egregious corporate behavior may slip unpunished. In order to overcome these obstacles ...


Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, James Pfander 2010 Northwestern University School of Law

Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, James Pfander

Faculty Working Papers

Although some might consider the appellate review of remand orders as something of a jurisdictional backwater, recent developments suggest that the rules need attention. The Supreme Court has decided no fewer than four cases in the past few years and has failed to develop a persuasive framework. Indeed, one member of the Court, Justice Breyer, has invited "experts" to solve the problem.

In this essay, I suggest that the solution lies in the Court's own hands. Rather than proposing legislative or rulemaking solutions, I call on the Court to re-invigorate its supervisory powers and conduct direct review of district ...


A Crisis In Indian Country: An Analysis Of The Tribal Law And Order Act Of 2010, Gideon M. Hart 2010 Columbia University

A Crisis In Indian Country: An Analysis Of The Tribal Law And Order Act Of 2010, Gideon M. Hart

Gideon M. Hart

Crime and violence have long been a serious problem in Indian Country. In recent years, though, the extraordinary levels of gang activity and high rates of sexual violence against Native American women have received a large amount of media attention. Responding to this problem, Congress passed the Tribal Law and Order Act of 2010. Through this legislation, Congress seeks to lower the rates of crime in Indian Country, particularly with regard to crimes committed against Native American women; the Act significantly increases the resources and authority of federal prosecutors and agencies in Indian Country and increases the sentencing authority of ...


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 2010 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


Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael K. Marriott 2010 University of California - Davis

Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael K. Marriott

Michael K Marriott

Having an intact legal system to prosecute serious criminal offenses is a luxury taken for granted in many parts of the developed world. While comprehensive domestic legal systems are preferable to the far more complex international legal system, an unfortunate reality of the contemporary world is that where many of the most shocking and large-scale violent crimes take place, there is no domestic legal system to speak of. The International Criminal Court was created to meet the need of prosecuting these offenses. Limited in its jurisdiction on a variety of levels, the ICC nevertheless has on its current docket the ...


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2010 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.


Tribal Land Laws In Andhra Pradesh, Hari Priya 2010 NALSAR University of Law

Tribal Land Laws In Andhra Pradesh, Hari Priya

Hari Priya

No abstract provided.


Judicialização Da Política, Poder Judiciário E Comissões Parlamentares De Inquérito No Brasil, Eduardo Meira Zauli Dr. 2010 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.


The Great Pharmaceutical Patent Robbery, And The Curious Case Of The Chemical Foundation, Christopher Wadlow 2010 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.


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?


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