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Articles 1 - 16 of 16

Full-Text Articles in Law

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman Dec 2012

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman Dec 2012

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman

Doug Rendleman

A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …


History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown Dec 2012

History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown

Dr Robert Brown

No abstract provided.


Cases On Federal Procedure, Robert C. Brown Dec 2012

Cases On Federal Procedure, Robert C. Brown

Dr Robert Brown

No abstract provided.


Federal Jurisdiction And Procedure, Robert C. Brown Dec 2012

Federal Jurisdiction And Procedure, Robert C. Brown

Dr Robert Brown

No abstract provided.


Same-Sex Divorce In The Conflict Of Laws, Herma Hill Kay Dec 2012

Same-Sex Divorce In The Conflict Of Laws, Herma Hill Kay

Herma Hill Kay

No abstract provided.


Foreign Law Firms In India: An Economic Perspective On The War For Indian Legal Services Market?, Maurya Vijay Chandra Sep 2012

Foreign Law Firms In India: An Economic Perspective On The War For Indian Legal Services Market?, Maurya Vijay Chandra

Maurya Vijay Chandra

Entry of foreign law firms has been a hot topic in the legal fraternity in India for more than a decade now. Some have been looking for their arrival in India with great sense of anticipation and others have raised a queer pitch to keep them out. The formal battle lines are drawn along the legal possibility of foreign law firm's entry into India. Hon'ble Bombay High Court in the Lawyers Collective Case held that it is illegal for the foreign law firms to open liaison offices in India, but recently, the ruling by the Hon'ble Madras High Court in …


Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson Aug 2012

Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson

Scott Dodson

This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.


Democracy And Disenfranchisement In Washington, D.C., Jamin B. Raskin, Cathleen Caron Aug 2012

Democracy And Disenfranchisement In Washington, D.C., Jamin B. Raskin, Cathleen Caron

Jamin Raskin

No abstract provided.


Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger Jan 2012

Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Sealand, Havenco, And The Rule Of Law, James Grimmelmann Dec 2011

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

James Grimmelmann

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …


The Forgotten History Of Foreign Official Immunity, Chimene I. Keitner Dec 2011

The Forgotten History Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

The immunity of foreign officials from legal proceedings in U.S. courts has drawn significant attention from scholars, advocates, and judges in the wake of the Supreme Court’s decision in Samantar v. Yousuf, which held that foreign official immunity is governed by the common law rather than the Foreign Sovereign Immunities Act (FSIA). The common law of foreign official immunity, which the Samantar Court did not define, operates at the intersection of international and domestic law, and it implicates the constitutional separation of powers between the executive and judicial branches. Conflicting visions of the substance and process of common law immunity …


Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach Dec 2011

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo Dec 2011

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …


The Timeliness Of Removal And Multiple-Defendant Lawsuits, Paul Lund Dec 2011

The Timeliness Of Removal And Multiple-Defendant Lawsuits, Paul Lund

Paul Lund

Although the procedure for removing cases from state to federal court has existed for nearly 225 years, removal remains one of the most controversial aspects of federal jurisdictional law. Each year, more than 30,000 civil cases are removed from state to federal court, and many of those cases involve more than one defendant. One of the most frequently litigated issues in these cases has involved when the notice of removal must be filed. Prior to a recent amendment, the statute governing removal, 28 U.S.C. § 1446(b), required that a notice of removal be filed within thirty days of service on …


Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey Dec 2011

Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey

Scott Dodson

This essay, for Vanderbilt Law Review En Banc, critically assesses Jonathan Remy Nash’s article, "On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction," which proposes to use rules to demarcate jurisdictional boundaries at the front end while "migrating" standards into a discretionary abstention phase at the back end. While we believe Nash's cause is worthy, and while we applaud his creativity, we think his proposal suffers from ambiguous definitions of “rules” and “standards” and assumes that clear and simple “rules” are actually attainable in jurisdictional doctrine. We also show that Nash's proposal works only with a broad …