Hitting A Home Run In Your Writing, 2015 American University Washington College of Law
Hitting A Home Run In Your Writing, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), 2015 New York Law School
What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht
Articles & Chapters
No abstract provided.
The Value Of Uncertainty, 2015 Stanford University
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
Faculty Scholarship
No abstract provided.
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, 2015 Brooklyn Law School
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
Bypassing Federalism And The Administrative Law Of Negawatts, 2015 University of Colorado Law School
Bypassing Federalism And The Administrative Law Of Negawatts, Sharon B. Jacobs
Publications
Presidential unilateralism has become a defining feature of the executive branch. But a related and equally important phenomenon has been largely ignored: federal agency efforts to circumvent statutory federalism boundaries. This move, which the Article calls "bypassing federalism, " involves using existing jurisdictional authority to work defacto, rather than dejure, reallocations of power. The Article explores agency bypassing through the lens of the Federal Energy Regulatory Commission's ("FERC's") promotion of demand response in electricity markets. Demand response refers to customer sales of negative watts, or "negawatts," back to the electrical grid. FERC, eager to promote demand-side management programs but stymied …
Pennoyer Strikes Back: Personal Jurisdiction In A Global Age, 2015 Southern Methodist University, Dedman School of Law
Pennoyer Strikes Back: Personal Jurisdiction In A Global Age, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
The primary purpose of this Article is to evaluate the four most recent Supreme Court decisions on personal jurisdiction and situate those decisions within the history of Supreme Court personal jurisdiction jurisprudence. Starting with the seminal case of Pennoyer v. Neff, personal jurisdiction jurisprudence has been remarkably kaleidoscopic,with the Supreme Court intervening at various intervals to redefine the law in broad strokes, while zigzagging from one doctrinal position to another and thereby leaving lower courts to hash out the application of an evolving personal jurisdiction doctrine to varying fact patterns. I will divide this jurisprudential history into two main groups …
Revisiting Solving Jurisdiction's Social Cost: A Brief Rejoinder To Professor Klerman, 2015 University of Washington School of Law
Revisiting Solving Jurisdiction's Social Cost: A Brief Rejoinder To Professor Klerman, Dustin E. Buehler
Washington Law Review Online
My recent article https://digitalcommons.law.uw.edu/wlr/vol89/iss3/2/">Solving Jurisdiction’s Social Cost examines issues implicated by nonwaivable federal court subject-matter jurisdiction. I argue that courts and commentators are prone to monistic theories of jurisdictional value, failing to consider the full range of interests implicated by jurisdictional rules. I then catalogue the various interests arising from jurisdictional rules. Lastly, I advance several solutions, including early jurisdictional certification orders, a cut-off point for jurisdictional challenges, interlocutory appeals of jurisdictional rulings, and sanctions to deter private-party abuse. Daniel Klerman’s response to my article is articulate, well-reasoned, and persuasive. Among other contentions, he suggests that mandatory jurisdictional …
Understanding Judgments Recognition, 2015 University of Pittsburgh School of Law
Understanding Judgments Recognition, Ronald A. Brand
Articles
The twenty-first century has seen many developments in judgments recognition law in both the United States and the European Union, while at the same time experiencing significant obstacles to further improvement of the law. This article describes two problems of perception that have prevented a complete understanding of the law of judgments recognition on a global basis, particularly from a U.S. perspective. The first is a proximity of place problem that has resulted in a failure to understand that, unlike the United States, many countries allow their own courts to hear cases based on a broad set of bases of …
Disruption And Deference, 2015 Fordham University School of Law
Disruption And Deference, Olivier Sylvain
Faculty Scholarship
Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …
Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, 2015 Duke Law School
Modern-Day Nullification: Marijuana And The Persistence Of Federalism In An Age Of Overlapping Regulatory Jurisdiction, Ernest A. Young
Faculty Scholarship
No abstract provided.
Federalism As A Constitutional Principle, 2015 Duke Law School
Federalism As A Constitutional Principle, Ernest A. Young
Faculty Scholarship
This essay was given as the William Howard Taft Lecture in Constitutional Law in October, 2014. It addresses three questions: Why care about federalism? How does the Constitution protect federalism? and What does Federalism need to survive? I argue that federalism is worth caring about because it protects liberty and fosters pluralism. Observing that constitutional law has mostly shifted from a model of dual federalism to one of concurrent jurisdiction, I contend that the most effective protections for federalism focus on maintaining the political and procedural safeguards that limit national power. Finally, I conclude that although both judicial review and …
Opinion Analysis: Bargaining In The Shadow Of Equitable Apportionment, 2015 Duke Law School
Opinion Analysis: Bargaining In The Shadow Of Equitable Apportionment, Ryke Longest
Faculty Scholarship
No abstract provided.
The Legal Aspect Relating To The Offer Of Port Service Business By State Owned Companies Outside The Territory Indonesia, 2015 World Maritime University
The Legal Aspect Relating To The Offer Of Port Service Business By State Owned Companies Outside The Territory Indonesia, Adi Nurcahya
World Maritime University Dissertations
This dissertation describes the legal aspect that may involve the strategic plan of a state-owned company that have a core business in port services in Indonesia to deliver port services outside the territory Indonesia. Furthermore, this dissertation have 3 (three) main concern, regarding: the legal aspects that considered by stateowned company; the mechanism of port business operated in the different jurisdictions of law; and the suitable schemes for state-owned company to expand port business overseas. To response above concern, this dissertation used both normative and comparative method to examine the legal aspects of state-owned company in Indonesia to conduct port …
Choosing A Court To Review The Executive, 2015 Cleveland State University
Choosing A Court To Review The Executive, Joseph Mead, Nicholas Fromherz
Law Faculty Articles and Essays
For more than one hundred years, Congress has experimented with review of agency action by single-judge district courts, multiple-judge district courts, and direct review by circuit courts. This tinkering has not given way to a stable design. Rather than settling on a uniform scheme—or at least a scheme with a discernible organizing principle— Congress has left litigants with a jurisdictional maze that varies unpredictably across and within statutes and agencies.
In this Article, we offer a fresh look at the theoretical and empirical factors that ought to inform the allocation of the judicial power between district and circuit courts in …
Five Questions After Atlantic Marine, 2015 Duke Law School
Five Questions After Atlantic Marine, Stephen E. Sachs
Faculty Scholarship
The Supreme Court’s Atlantic Marine ruling did a lot to clear up the law of forum selection. But it also left a number of live questions in place. This essay briefly discusses five of them. When a party wants to move a case to the selected forum, what procedures can it use, other than venue transfer or forum non conveniens? When is a forum selection clause valid and enforceable, as a matter of state or federal law? If the clause isn’t valid, should a federal court still give it any weight? What if there are multiple parties or claims, and …
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, 2015 Indiana University Maurer School of Law
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum
Articles by Maurer Faculty
One of the boundaries that U.S. courts must observe as they adjudicate regulatory disputes is the limit on their own jurisdictional authority -authority that is measured at the level of the particular forum state. Confronting the expansion of U.S. business activity from the local to the national scale during the second half of the twentieth century, courts consciously broadened jurisdictional standards to address the expanded activities of nationwide corporate groups. Today, by contrast, as the economy continues to expand from the national to the transnational scale, the U.S. Supreme Court has begun a retrenchment. In cases decided during the past …
The “Legal” Marijuana Industry's Challenge For Business Entity Law, 2014 Selected Works
The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer
Luke M Scheuer
In recent years many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public are faced with some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and …
The Three C'S Of Jurisdiction Over Human Rights Claims In Us Courts, 2014 University of California, Hastings
The Three C'S Of Jurisdiction Over Human Rights Claims In Us Courts, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Functional Immunity Of State Officials Before The International Law Commission, 2014 University of California, Hastings
Functional Immunity Of State Officials Before The International Law Commission, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, 2014 University of California, Hastings
Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, Chimene I. Keitner
Chimene I Keitner
No abstract provided.