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Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan 2019 University of San Diego

Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan

San Diego Law Review

This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.


Why Congress Matters: The Collective Congress In The Structural Constitution, Neomi Rao 2019 University of Florida Levin College of Law

Why Congress Matters: The Collective Congress In The Structural Constitution, Neomi Rao

Florida Law Review

Congress currently operates in the shadow of the administrative state. This Article provides a modern reconsideration of why Congress still matters by examining the “collective Congress” within the text, structure, and history of the Constitution. Like the unitary executive, the collective Congress is a structural feature of the Constitution’s separation of powers. With deep roots in political theory, the Framers created a representative and collective legislature that would provide a legitimate mechanism for bringing together the nation’s diverse interests to most effectively pursue the common good. To fully realize the benefits of collective lawmaking, the Constitution insists on ...


Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix 2019 University of Michigan Law School

Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix

Journal of Law and Mobility

On March 15th, 2019, the Journal of Law and Mobility, part of the University of Michigan’s Law and Mobility Program, presented its inaugural conference, entitled “(Re)Writing the Rules of The Road.” The conference was focused on issues surrounding the relationship between automated vehicles (“AVs”) and the law. In the afternoon, two panels of experts from academia, government, industry, and civil society were brought together to discuss how traffic laws should apply to automated driving and the legal person (if any) who should be responsible for traffic law violations. The afternoon’s events occurred under a modified version of ...


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor 2019 Boston University School of Law

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor

Faculty Scholarship

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott 2019 Office of the Texas Governor

The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott

St. Mary's Law Journal

The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.


Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman 2019 St. Mary's School of Law

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

St. Mary's Law Journal

Abstract forthcoming


Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George 2019 South Texas College of Law Houston

Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George

St. Mary's Law Journal

Abstract forthcoming


Texas, The Death Penalty, And Intellectual Disability, Megan Green 2019 St. Mary's University School of Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner 2019 North Carolina Central University

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Forward: Some Puzzles Of State Standing, Tara Leigh Grove 2019 William & Mary Law School

Forward: Some Puzzles Of State Standing, Tara Leigh Grove

Tara L. Grove

When should states have standing? In recent years, there has been an explosion in literature on that question.1 Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review’s 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private ...


Revolt Of The Attorneys General, Neal Devins, Saikrishna B. Prakash 2019 William & Mary Law School

Revolt Of The Attorneys General, Neal Devins, Saikrishna B. Prakash

Neal E. Devins

No abstract provided.


Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins 2019 William & Mary Law School

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Neal E. Devins

No abstract provided.


Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash 2019 William & Mary Law School

Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash

Neal E. Devins

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of ...


Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming 2019 Dwayne O. Andreas School of Law, Barry University

Protecting Natural Resources - Forever: The Obligations Of State Officials To Uphold "Forever" Constitutional Provisions, Rachel E. Deming

Pace Environmental Law Review

This Article analyzes the attacks on a state constitutional conservation lands program since the election of a governor and state legislature opposed to environmental regulation in 2010 – a precursor to current happenings at the federal level under the Trump administration. Former Florida Governor Rick Scott and his administration have spent an average of over $40 million a year in taxpayer money to defend and, in most cases, pay judgments, in lawsuits challenging mandates of the Florida Constitution.

I examine this issue of ignoring or deliberately violating constitutional requirements through the lens of state constitutional provisions that protect natural resources, focusing ...


Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg 2019 William & Mary Law School

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg 2019 William & Mary Law School

The Legal Implementation Of Coastal Zone Management: The North Carolina Model, Thomas J. Schoenbaum, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg 2019 William & Mary Law School

The Changing Tradition Of Constitutional Review Of Sign And Billboard Regulation, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus 2019 William & Mary Law School

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.


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