Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law,
2021
Benjamin N. Cardozo School of Law
Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz
Online Publications
The nationwide injunction has seized the imagination of courts and law professors in recent years. Not surprisingly, JOTWELL’s pages screens have given it extensive attention. Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. Jack Beermann, in praising Bray and Frost, did have one complaint: “As an administrative law nut, I wish they both grappled more with the meaning of the APA’s instruction that reviewing courts should ‘hold unlawful and set aside’ unlawful agency action.” Mila Sohoni has now filled that …
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law,
2021
Washington University in St. Louis, School of Law
The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat
FIU Law Review
No abstract provided.
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties,
2021
United Nations Assistance Mission in Afghanistan
The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong
FIU Law Review
No abstract provided.
A Legal Legacy That Opens The Way To Justice In Challenging Places And Times,
2021
The Hague Institute for Global Justice
A Legal Legacy That Opens The Way To Justice In Challenging Places And Times, Stephen J. Rapp
FIU Law Review
No abstract provided.
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law,
2021
Florida International University College of Law
The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh
FIU Law Review
No abstract provided.
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act,
2021
Jones Day
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act, Juan Antonio Solis, Rory Ryan
FIU Law Review
No abstract provided.
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights,
2021
University of Oklahoma College of Law
Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker
Oklahoma Law Review
No abstract provided.
Statutory Jurisdiction And Constitutional Orthodoxy In Mcculloch, Cohens, And Osborn,
2021
The Catholic University of America, Columbus School of Law
Statutory Jurisdiction And Constitutional Orthodoxy In Mcculloch, Cohens, And Osborn, Kevin C. Walsh
Scholarly Articles
This essay examines the underappreciated element of statutory jurisdiction in McCulloch v. Maryland, Cohens v. Virginia, and Osborn v. Bank of the United States. One objective is to identify more precisely the Marshall Court’s jurisdictional innovations in these three foundational decisions. A close look at the question of statutory jurisdiction in the trio of McCulloch, Cohens, and Osborn reveals a kind of constitutional magnetism at work. In constitutional avoidance, a court adopts an interpretation in order to stay away from a constitutional problem. In contrast, the Marshall Court in Cohens and Osborn expanded the jurisdictional statutes at issue in order …
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?,
2021
University of Pittsburgh School of Law
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
Articles
The Hague Judgments Convention, completed on July 2, 2019, is built on a list of “jurisdictional filters” in Article 5(1), and grounds for non-recognition in Article 7. If one of the thirteen jurisdictional tests in Article 5(1) is satisfied, the judgment may circulate under the Convention, subject to the grounds for non-recognition found in Article 7. This approach to Convention structure is especially significant for countries considering ratification and implementation. A different structure was suggested in the initial Working Group stage of the Convention’s preparation which would have avoided the complexity of multiple rules of indirect jurisdiction, each of which …
Appraising The U.S. Supreme Court’S Philipp Decision,
2021
University of Pittsburgh School of Law
Appraising The U.S. Supreme Court’S Philipp Decision, Vivian Grosswald Curran
Articles
This article assesses the Foreign Sovereign Immunities Act (FSIA) after the Supreme Court’s recent decision in Germany v. Philipp. Philipp’s rejection of a genocide exception for a foreign state’s act of property expropriation comports with the absence of such an exception in the FSIA’s text. The article also suggests that the genocide exception as it had been developing was a detrimental development in FSIA interpretation, and was also harmful to international human rights law, inasmuch as it distorted the concept of genocide. The Philipp Court’s renewed focus on the international law of property, rather than of human rights, should …
A Hague Convention On Parallel Proceedings,
2021
Member, Pennsylvania Bar
A Hague Convention On Parallel Proceedings, Paul Herrup, Ronald A. Brand
Articles
The Hague Conference on Private International Law has engaged in a series of projects that, if successful, could provide the framework for critical aspects of trans-national litigation in the Twenty-first Century. Thus far, the work has resulted in the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. Work now has begun to examine the need, desirability and feasibility of additional instruments in the area, with discussions of an instrument that would either require or prohibit the exercise of jurisdiction by national courts, and …
Personal Jurisdiction: A "Shoe" In Doctrine?—Bandemer V. Ford Co., 931 N.W.2d 744 (Minn. 2019),
2021
Mitchell Hamline School of Law
Personal Jurisdiction: A "Shoe" In Doctrine?—Bandemer V. Ford Co., 931 N.W.2d 744 (Minn. 2019), Kevin Deno, John-Paul Dees
Mitchell Hamline Law Review
No abstract provided.
The Vulnerable Sovereign,
2021
University of Pittsburgh School of Law
The Vulnerable Sovereign, Ronald A. Brand
Articles
The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …
School “Safety” Measures Jump Constitutional Guardrails,
2021
Seattle University School of Law
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Duress In Immigration Law,
2021
Seattle University School of Law
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
Introductory Remarks,
2021
Seattle University School of Law
Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams
Seattle University Law Review
Introductory Remarks.
Marissa Jackson Sow’S “Whiteness As Contract”,
2021
Seattle University School of Law
Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow
Seattle University Law Review
Marissa Jackson Sow’s “Whiteness as Contract.”
The Contribution Of Eu Law To The Regulation Of Online Speech,
2021
University of Michigan Law School
The Contribution Of Eu Law To The Regulation Of Online Speech, Luc Von Danwitz
Michigan Technology Law Review
Internet regulation in the European Union (EU) is receiving significant attention and criticism in the United States. The European Court of Justice’s (ECJ) judgment in the case Glawischnig-Piesczek v. Facebook Ireland, in which the ECJ found a take-down order against Facebook for defamatory content with global effect permissible under EU law, was closely scrutinized in the United States. These transsystemic debates are valuable but need to be conducted with a thorough understanding of the relevant legal framework and its internal logic. This note aims to provide the context to properly assess the role the ECJ and EU law play …
Design Justice In Municipal Criminal Regulation,
2021
Columbia Law School
Design Justice In Municipal Criminal Regulation, Amber Baylor
Faculty Scholarship
This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …
Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard,
2021
Vanderbilt School of Law
Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette
Vanderbilt Journal of Transnational Law
Since the 1990s, a group of plaintiffs from Ecuador has been involved in litigation with what is presently the Chevron Corporation. During the lawsuit in Ecuador’s courts, the plaintiffs’ lawyers took part in deceptive activities that led to an unreliable judgment against Chevron and has resulted in civil liability for the lawyers and an inability to enforce the judgment against Chevron in the United States for the plaintiff class. Over the better part of the last decade, the plaintiffs’ lawyers have sought and failed to enforce the judgment in several countries outside of the United States, leading to a prolonging …
