Open Access. Powered by Scholars. Published by Universities.®

Jurisdiction Commons

Open Access. Powered by Scholars. Published by Universities.®

2500 Full-Text Articles 1994 Authors 1000625 Downloads 102 Institutions

All Articles in Jurisdiction

Faceted Search

2500 full-text articles. Page 6 of 52.

Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown, Grier Newlin 2016 University of Georgia School of Law

Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown, Grier Newlin

Georgia Journal of International & Comparative Law

No abstract provided.


The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo 2016 University of Georgia School of Law

The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo

Georgia Journal of International & Comparative Law

No abstract provided.


Weather Modification: A Modest Proposal, Lawrence A. Weirs 2016 University of Georgia School of Law

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aspects Of Convertibility, Dr. Rainer Geiger 2016 Federal Ministry of Economic Cooperation

Legal Aspects Of Convertibility, Dr. Rainer Geiger

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark 2016 McClain, Mellen, Bowling & Hickman

Book Review: International Tax Planning. By Barry Spitz. London, England: Butterworth & Co. Ltd., 1972. Pp. Xxiii, 159. $12.15 (U.S.)., Donald O. Clark

Georgia Journal of International & Comparative Law

No abstract provided.


International Fisheries Regulation, John P. Rivers 2016 University of Georgia School of Law

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg 2016 George Washington University

Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg

Georgia Journal of International & Comparative Law

No abstract provided.


Law Enforcement As Political Question, Zachary S. Price 2016 University of California Hastings College of the Law

Law Enforcement As Political Question, Zachary S. Price

Notre Dame Law Review

Across a range of contexts, federal courts have crafted doctrines that limit judicial secondguessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold ...


Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez 2016 Georgetown University Law Center

Habeas As Forum Allocation: A New Synthesis, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question – one of recognized significance for contemporary debates about the proper scope of habeas review. This Essay provides a new answer. It argues that, until the enactment of AEDPA in 1996, state prisoners were always entitled to de novo review of the legal and mixed law/fact questions decided against them by the state courts. Until 1916, such review was provided by the Supreme Court; after 1953, such review was provided by the ...


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin 2016 Steptoe & Johnson LLP

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.


Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman 2016 Boston College Law School

Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman

Boston College International and Comparative Law Review

Following the November 2008 pirate attack on the Danish merchant ship CEC Future, interpreter and negotiator Ali Mohamed Ali was arrested and charged in the United States with four inchoate offenses related to his actions aboard the ship: conspiracy to commit piracy on the high seas, aiding and abetting piracy on the high seas, conspiracy to commit hostage taking, and aiding and abetting hostage taking. Using the Charming Betsy canon, the U.S. Court of Appeals for the D.C. Circuit held that the charge of aiding and abetting piracy was improperly dismissed because Ali’s actions did not have ...


State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole 2016 University of Georgia School of Law

State Succession - Convention On Status Of Refugees - Lesotho’S Use Of Nyerere Letter Recognized To Effect Accession To Multilateral Convention But Refugee Definition Precludes Applicability Of Convention, William A. Pierce, William W. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris 2016 University of Georgia School of Law

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, Stephen Gorove 2016 University of Mississippi School of Law

Arms Control Provisions In The Outer Space Treaty: A Scrutinizing Reappraisal, Stephen Gorove

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks 2016 International Labor Organization

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled, Steven G. Calabresi, Genna L. Sinel 2016 University of Miami Law School

The Same-Sex Marriage Cases And Federal Jurisdiction: On Third-Party Standing And Why The Domestic Relations Exception To Federal Jurisdiction Should Be Overruled, Steven G. Calabresi, Genna L. Sinel

University of Miami Law Review

In this paper, we consider two questions. First, we address whether there was proper standing for the Article III courts to decide United States v. Windsor, 570 U.S. 133 S. Ct. 2675, 2696 (2013) and Hollingsworth v. Perry, 133 S. Ct. 2652, 2668 (2013). We conclude that the third-party appellants lacked standing in federal court. Second, we examine whether cases challenging state same-sex marriage bans were and are cases in “law and equity” or instead, barred under the domestic relations exception for the purposes of federal question jurisdiction. We conclude that the domestic relations exception to federal jurisdiction is ...


The Teaching Of International Law, Myres S. McDougal 2016 Yale Law School

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Edward McWhinney 2016 Institut de Droit International

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress