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Full-Text Articles in Law
Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo
Who’S Your Sovereign?: The Standing Doctrine Of Parens Patriae & State Lawsuits Defending Sanctuary Policies, Lexi Zerrillo
William & Mary Bill of Rights Journal
No abstract provided.
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska
The Federal–State Standing Gap: How To Enforce Federal Law In Federal Court Without Article Iii Standing, Peter N. Salib, David K. Suska
William & Mary Bill of Rights Journal
You, too, can sue Donald Trump under the Emoluments Clause!
Since Inauguration Day, several lawsuits have been filed against President Trump because of his refusal to divest certain assets. They assert that Trump’s business interests conflict with the Emoluments Clause of Article I. That arcane provision forbids certain federal officials from accepting any perquisite or gain from a foreign monarch or state. The suits contend, for example, that a foreign dignitary’s booking of a room at the Trump International Hotel in Washington, D.C. would constitute an unlawful emolument.
Most commentators quickly threw cold water on the prospect of any plaintiff …
Defending Jurisdiction, Scott Dodson
Defending Jurisdiction, Scott Dodson
William & Mary Law Review Online
In an article entitled Jurisdiction and Its Effects, I argued that jurisdiction has inherent descriptive meaning but mutable effects. In response, Professor John Preis challenges my framework on a number of grounds and offers his own presumption-based approach. In this reply, I defend my original framework and register my own skepticism of his alternative approach.
Jurisdictional Idealism And Positivism, John F. Preis
Jurisdictional Idealism And Positivism, John F. Preis
William & Mary Law Review
“If I should call a sheep’s tail a leg, how many legs would it have? Four, because calling a tail a leg would not make it so.” This old quip, often attributed to Abraham Lincoln, captures an issue at the heart of the modern law of subject matter jurisdiction. Some believe that there is a Platonic ideal of jurisdiction that cannot be changed by judicial or legislative fiat. Others take a positivist approach and assert that jurisdiction is nothing more than whatever a legislature says it is. Who is right?
Neither and both. Although neither idealism nor positivism is the …
The Long Arm Of Multidistrict Litigation, Andrew D. Bradt
The Long Arm Of Multidistrict Litigation, Andrew D. Bradt
William & Mary Law Review
Nearly 40 percent of the civil cases currently pending in federal court—now over 130,000—are part of a multidistrict litigation, or MDL. In MDL, all cases pending in federal district courts around the country sharing a common question of fact, such as the defectiveness of a product or drug, are transferred to a single district judge for consolidated pretrial proceedings, after which they are supposed to be remanded for trial. But the reality is that less than 3 percent are ever sent back because the cases are resolved in the MDL court, either through dispositive motion or mass settlement. Surprisingly, despite …
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine, Scott Jacobson
Dual Sovereignty Is Out, Time For Concurrent Jurisdiction To Shine, Scott Jacobson
William & Mary Environmental Law and Policy Review
No abstract provided.