Learning From Mistakes: A Guide To Expanding The Oversight Board, 2023 The Catholic University of America, Columbus School of Law
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Catholic University Journal of Law and Technology
More than 4.4 billion people use social media. A few platforms attract a significant number of those users—for example, 2.9 billion people use Facebook, 2.3 billion use YouTube, and 1.2 billion use WeChat. How these major platforms govern themselves with respect to content moderation has an impact on billions of users and may lead to policy changes across other platforms that affect billions more. That is why it is so important to analyze Meta’s Oversight Board—an independent body created for the purpose of “promot[ing] free expression by making principled, independent decisions regarding content on Facebook and Instagram by issuing recommendations …
Airdropping Justice: The Constitutionality Of Service Of Process Via Non-Fungible Token, 2023 The Catholic University of America, Columbus School of Law
Airdropping Justice: The Constitutionality Of Service Of Process Via Non-Fungible Token, Jenifer Jackson
Catholic University Journal of Law and Technology
No abstract provided.
Personal Jurisdiction And The Fairness Factor(S), 2023 The Catholic University of America, Columbus School of Law
Personal Jurisdiction And The Fairness Factor(S), Megan La Belle
Scholarly Articles
It has been more than seventy-five years since the Supreme Court decided International Shoe Co. v. Washington, yet questions surrounding the personal jurisdiction doctrine loom large. Over the past decade, the Roberts Court has issued a handful of personal jurisdiction opinions, including Ford Motor Co. v. Montana Eighth Judicial District Court, a case decided in 2021 that addressed an issue related to specific jurisdiction. What is more, courts across the country, including several state supreme courts, have been grappling with the question whether a corporation’s registration to do business constitutes consent to personal jurisdiction in that state. This …
Stay In Your Lane: Rooker-Feldman Prohibits Lower Federal Court Review Of Non- Final State Court Judgments, 2023 Candidate for Juris Doctor, Roger Williams University School of Law
Stay In Your Lane: Rooker-Feldman Prohibits Lower Federal Court Review Of Non- Final State Court Judgments, Matthew Bertelli
Roger Williams University Law Review
No abstract provided.
In Re. J.T., 252 A.3d 1276 (R.I. 2021)., 2023 Candidate for Juris Doctor, Roger Williams University School of Law
In Re. J.T., 252 A.3d 1276 (R.I. 2021)., Pia Piscitelli
Roger Williams University Law Review
No abstract provided.
Is Church Autonomy Jurisdictional?, 2023 Harvard Law School
Is Church Autonomy Jurisdictional?, Lael Weinberger
Loyola University Chicago Law Journal
The First Amendment’s religion clauses create what courts have called “church autonomy doctrine,” protecting the internal self-governance of religious institutions. But courts are divided as to whether this doctrine is simply an affirmative defense for religious institutions or a jurisdictional limitation on courts’ ability to adjudicate internal religious matters. Scholars, meanwhile, have long debated whether church autonomy is jurisdictional at a higher level of abstraction, speaking of jurisdiction as a concept of authority rather than a technical term for civil procedure. This Article engages this multilevel debate with an argument for unbundling. First, it urges unbundling conceptual jurisdiction from judicial …
Restoring Indian Reservation Status: An Empirical Analysis, 2023 U.S. Senate
Restoring Indian Reservation Status: An Empirical Analysis, Michael K. Velchik, Jeffery Zhang
Articles
In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas of the country, even where Indians have not asserted these claims in many years and where Indians form a small minority of the inhabitants.
Although McGirt and similar cases fundamentally turn on questions of statutory and treaty interpretation, they are often couched in consequence-based arguments about the good …
In Search Of The First-Round Knockout A Rule 12(B) Primer, 2023 University of Michigan Law School
In Search Of The First-Round Knockout A Rule 12(B) Primer, Kate Rogers, Leonard Niehoff
Articles
Boxing enthusiasts define success not just by wins and losses but also by knockouts. Many of the greatest fighters in the history of boxing—Rocky Marciano, Mike Tyson, Jack Dempsey, and Sugar Ray Robinson—were known for their knockout punching power. Within the category of knockouts, the gold standard is the first-round knockout, the moment when stunned fans watch a fighter take the opponent out of the contest before either of them has broken a sweat.
A Fresh Start: Sealing Eviction Records In Rhode Island, 2023 Candidate for Juris Doctor, Roger Williams University School of Law
A Fresh Start: Sealing Eviction Records In Rhode Island, Katie Gradowski
Roger Williams University Law Review
No abstract provided.
A Survey Of The Literature On Federal Appellate Practice And Procedure, 2023 FIU College of Law
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
FIU Law Review
This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”
When Judges Were Enjoined: Text And Tradition In The Federal Review Of State Judicial Action, 2023 Columbia Law School
When Judges Were Enjoined: Text And Tradition In The Federal Review Of State Judicial Action, Alexandra Nickerson, Kellen R. Funk
Faculty Scholarship
It is virtually a tenet of modern federal jurisdiction that judges, at least when they are acting as judges, are inappropriate defendants in civil suits. Yet on rare but salient occasions, state judges might be the sole or primary party responsible for violating the constitutional rights of citizens, for instance by imposing excessive bail or by opening their courtrooms to oppressive private suits like those under Texas’s Senate Bill 8 bounty regime. In such cases, injunctive relief against judicial officers may be the only or most effective remedy against constitutional violations, but federal courts from the trial level up to …
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, 2022 Brooklyn Law School
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Brooklyn Journal of International Law
The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, 2022 Georgetown University Law Center
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test, 2022 Brooklyn Law School
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test, Robert Ellis Stengel
Brooklyn Law Review
In 2011’s Goodyear Dunlop Tires Operations, S.A. v. Brown, the United States Supreme Court redefined the contours of corporate personal jurisdiction, radically curtailing the “doing business” jurisdiction that previously predominated. Since then, corporations are only subject to general jurisdiction where they are “fairly regarded as at home,” a domicile test effectively limited to two locations: (1) the state in which the corporation is incorporated and (2) the state in which the corporation has its “principal place of business.” However, the Supreme Court has never explicitly defined the term “principal place of business” for personal jurisdiction purposes. The Court has addressed …
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, 2022 The Catholic University of America, Columbus School of Law
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano
Catholic University Law Review
Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic …
International Investment Policy And The Coming Wave Of Data-Flow Disputes, 2022 New York University School of Law
International Investment Policy And The Coming Wave Of Data-Flow Disputes, Lucas Daniel Cuatrecasas
Michigan Business & Entrepreneurial Law Review
The ability to move digital data internationally has become an asset to countless businesses. Yet an increasing number of countries’ data regulations hinder these cross-border data flows. As such, many have speculated that companies could protect their interests in data flows through international investment law, a regime that lets companies sue foreign governments for harm to private assets. Yet the literature has largely been cursory or equivocal about these suits’ likely success. This Article argues that, under current law, such suits have a strong—if not unassailable—legal basis. Critically, the reality of global data regulation and digital commerce means such suits …
Debs And The Federal Equity Jurisdiction, 2022 Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law, University of Virginia School of Law
Debs And The Federal Equity Jurisdiction, Aditya Bamzai, Samuel L. Bray
Notre Dame Law Review
The United States can sue for equitable relief without statutory authorization. The leading case on this question is In re Debs, and how to understand that case is of both historical and contemporary importance. Debs was a monumental opinion that prompted responses in the political platforms of major parties, presidential addresses, and enormous academic commentary. In the early twentieth century, Congress enacted several pieces of labor legislation that reduced Debs’s importance in the specific context of strikes. But in other contexts, the question whether the United States can bring suit in equity remains disputed to this day. The …
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, 2022 Seattle University School of Law
A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer
American Indian Law Journal
There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …
Territoriality In American Criminal Law, 2022 New York University School of Law
Territoriality In American Criminal Law, Emma Kaufman
Michigan Law Review
It is a bedrock principle of American criminal law that the authority to try and punish someone for a crime arises from the crime’s connection to a particular place. Thus, we assume that a person who commits a crime in some location— say, Philadelphia—can be arrested by Philadelphia police for conduct deemed criminal by the Pennsylvania legislature, prosecuted in a Philadelphia court, and punished in a Pennsylvania prison. The idea that criminal law is tied to geography in this way is called the territoriality principle. This idea is so familiar that it usually goes unstated.
This Article foregrounds and questions …
The Role Of The Will In Determining International Jurisdiction Of Bahraini Courts: A Comparative Analytical Study, 2022 Assistant Professor of International Law Special College of Law - University of Bahrain
The Role Of The Will In Determining International Jurisdiction Of Bahraini Courts: A Comparative Analytical Study, Mohammed Walied El-Masry
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Individuals in internal relations can choose the territorially competent court to consider their dispute, so they choose the court of the plaintiff’s domicile, for example, instead of the court of the defendant’s domicile, or the court of the place of execution of the contract instead of the court of the place where it was concluded, and this is a logical consequence of not considering the rules of local jurisdiction from the public order. Can individuals also exercise this option in international private relations, and grant jurisdiction to the courts of a specific country, knowing that their agreement here will have …