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Articles 1 - 30 of 80
Full-Text Articles in Law
The Internet, Personal Jurisdiction, And Daos, Matthew R. Mcguire
The Internet, Personal Jurisdiction, And Daos, Matthew R. Mcguire
Washington and Lee Law Review
Global connectivity is at an all-time high, and sovereign state law has not fully caught up with the technological innovations enabling that connectivity. TCP/IP—the communications protocol allowing computers on different networks to speak with each other—wasn’t adopted by ARPANET and the Defense Data Network until January 1983. That’s only forty years ago. And the World Wide Web wasn’t released to the general public until August 1991, less than thirty-five years ago. The first Bitcoin block was mined on January 3, 2009, less than fifteen years ago.
Legal doctrine doesn’t develop that fast, especially in legal systems heavily based around judicial …
The Justiciability Of Cancelled Patents, Greg Reilly
The Justiciability Of Cancelled Patents, Greg Reilly
Washington and Lee Law Review
The recent expansion of the Patent Office’s power to invalidate issued patents raises a coordination problem when there is concurrent litigation, particularly where the federal courts have already upheld the patent’s validity. The Federal Circuit has concluded that Patent Office cancellation extinguishes litigation pending at any stage and requires vacating prior decisions in the case. This rule is widely criticized on doctrinal, policy, and separation of powers grounds. Yet the Federal Circuit has reached (almost) the right outcome, except for the wrong reasons. Both the Federal Circuit and its critics overlook that the Federal Circuit’s rule reflects a straightforward application …
The Cost Of Doing Business? Corporate Registration As Valid Consent To General Personal Jurisdiction, Matthew D. Kaminer
The Cost Of Doing Business? Corporate Registration As Valid Consent To General Personal Jurisdiction, Matthew D. Kaminer
Washington and Lee Law Review Online
Every state has a statute that requires out-of-state corporations to register with a designated official before doing business there, but courts disagree on what impact, if any, those statutes can or should have on personal jurisdiction doctrine. A minority of states interpret compliance with their registration statutes as the company’s consent to general personal jurisdiction, meaning it can be sued on any cause of action there, even those unrelated to the company’s conduct in that state. The United States Supreme Court upheld this “consent by registration” theory over 100 years ago, but since then has manifested a sea change in …
Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell
Personal Jurisdiction And National Sovereignty, Ray Worthy Campbell
Washington and Lee Law Review
State sovereignty, once seemingly sidelined in personal jurisdiction analysis, has returned with a vengeance. Driven by the idea that states must not offend rival states in their jurisdictional reach, some justices have looked for specific targeting of individual states as individual states by the defendant in order to justify an assertion of personal jurisdiction. To allow cases to proceed based on national targeting alone, they argue, would diminish the sovereignty of any state that the defendant had specifically targeted.
This Article looks for the first time at how this emphasis on state sovereignty limits national sovereignty, especially where alien defendants …
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Categorical Confusion In Personal Jurisdiction Law, Todd Peterson
Washington and Lee Law Review
In Part I, the Article discusses the history of the U.S. Supreme Court’s substantive due process limitations on personal jurisdiction and, in particular, the standards for corporate-activities-based jurisdiction before the Court’s recent cases on that issue. Part II discusses the Court’s failure to provide a convincing theoretical justification for imposing substantive due process limitations on personal jurisdiction. It also discusses the consequences of that failure in three doctrinal areas of personal jurisdiction law, the traditional basis of service on an individual in the forum state, specific jurisdiction and corporate-activities-based jurisdiction. Part III then analyzes in detail the four recent Supreme …
If The Shoe Fits: Rethinking Minimum Contacts And The Fsia Commercial Activity Exception, Jacqueline M. Fitch
If The Shoe Fits: Rethinking Minimum Contacts And The Fsia Commercial Activity Exception, Jacqueline M. Fitch
Washington and Lee Law Review Online
The question explored in this Note is whether, under the direct effect clause of the Foreign Sovereign Immunities Act commercial activities exception, a foreign sovereign must have minimum contacts with the United States in order for a U.S. court to assert personal jurisdiction over the entity. Examining personal jurisdiction over foreign states under the direct effect clause requires exploring the interaction between constitutional law and principles of international law. The minimum contacts analysis highlights the tension between applying constitutional due process protection to a foreign state, while simultaneously asserting jurisdiction over its commercial activities. Denying jurisdiction over a foreign sovereign …
Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter
Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter
Washington and Lee Law Review
No abstract provided.
"Arise Out Of" Or "Related To": Textualism And Understanding Precedent Through Interpretatio Objectificata, "Objectified Interpretation"—A Four Step Process To Resolve Jurisdiction Questions Utilizing The Third Circuit Test In O’Connor As A Uniform Standard, Victor N. Metallo
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Girl Next Door: A Comparative Approach To Prostitution Laws And Sex Trafficking Victim Identification Within The Prostitution Industry, Gail M. Deady
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Washington and Lee Law Review
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 …
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Jurisdictional Discovery In United States Federal Courts, S. I. Strong
Washington and Lee Law Review
No abstract provided.
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
The Primary Jurisdiction Doctrine: Competing Standards Of Appellate Review, Aaron J. Lockwood
Washington and Lee Law Review
No abstract provided.
Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham
Congress Gave And Congress Hath Taken Away:1 Jurisdiction Withdrawal And The Constitution, Travis Christopher Barham
Washington and Lee Law Review
No abstract provided.
Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger
Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger
Washington and Lee Law Review
No abstract provided.
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii
Washington and Lee Law Review
No abstract provided.
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Washington and Lee Law Review
No abstract provided.
The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray
The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray
Washington and Lee Law Review
No abstract provided.
After Steel Co.: "Hypothetical Jurisdiction" In The Federal Appellate Courts, Joan Steinman
After Steel Co.: "Hypothetical Jurisdiction" In The Federal Appellate Courts, Joan Steinman
Washington and Lee Law Review
No abstract provided.
Ambassadorial Waiver Of Foreign State Sovereign Immunity To Domestic Adjudication In United States Courts, Andrew B. Pittman
Ambassadorial Waiver Of Foreign State Sovereign Immunity To Domestic Adjudication In United States Courts, Andrew B. Pittman
Washington and Lee Law Review
No abstract provided.
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
Washington and Lee Law Review
No abstract provided.
Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson
Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson
Washington and Lee Law Review
No abstract provided.
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Washington and Lee Law Review
No abstract provided.
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Washington and Lee Law Review
No abstract provided.
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Washington and Lee Law Review
No abstract provided.
The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood
The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood
Washington and Lee Law Review
No abstract provided.
The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson
The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson
Washington and Lee Law Review
No abstract provided.
How Not To Imitate John Marshall, Lewis H. Larue
How Not To Imitate John Marshall, Lewis H. Larue
Washington and Lee Law Review
No abstract provided.
Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith
Must Courts Raise The Eleventh Amendment Sua Sponte?: The Jurisdictional Difficulty Of State Sovereign Immunity, F. Ryan Keith
Washington and Lee Law Review
No abstract provided.
Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee
Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee
Washington and Lee Law Review
No abstract provided.
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Washington and Lee Law Review
No abstract provided.