Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional history (4)
- Judicial review (4)
- Jurisdiction (4)
- 1755-1835 (2)
- Centralization (2)
-
- Federalism (2)
- John Marshall (2)
- Abstention (1)
- Al v. George (1)
- Alexander v. Daley (1)
- Allstate Insurance Co. v. Hague (1)
- Amount in controversy (1)
- Beale (Joseph) (1)
- Bensusan Restaurant Corp. v. King (1)
- Blocked exchange (1)
- Blocking (1)
- Boundary (1)
- Bowers v. Hardwick (1)
- Brown v. Board of Education (1)
- Burford doctrine (1)
- Calabresi (Guido) (1)
- Calder v. Jones (1)
- Centralization. Apartheid (1)
- Child Online Protection Act (1)
- Choice of Law (1)
- Circumventing workers' compensation system; exclusivity; Arkansas Act 796; questions of jurisdiction; VanWagoner v. Berverly Enterprises; Arkansas Workers' Compensation Commission; primary jurisdiction; jurisdiction to determine jurisdiction; concurrent jurisdiction; Michigan and Missouri approach to jurisdiction; substantial question approach; (1)
- Citizen suit (1)
- City of Tacoma v. Taxpayers of Tacoma (1)
- Communications Decency Act (1)
- Compuserve Inc. v. Patterson (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp
Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp
Federal Communications Law Journal
The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
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.
False Alarm?, Henry H. Perritt, Jr., Margaret G. Stewart
False Alarm?, Henry H. Perritt, Jr., Margaret G. Stewart
Federal Communications Law Journal
No abstract provided.
Workers' Compensation—Who Has Jurisdiction To Determine Jurisdiction? The Arkansas Supreme Court Abandons A Rule Of Concurrent Jurisdiction And Adopts The Doctrine Of Primary Jurisdiction. Van Wagoner V. Beverly Enterprises, 334 Ark. 12, 970 S.W.2d 810 (1998)., Jill Jones Moore
University of Arkansas at Little Rock Law Review
No abstract provided.
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
Vanderbilt Law Review
Recent years have witnessed a modest but expanding Supreme Court effort to return the national government to its structural first principles.' Foremost among these is that federal power, although vast, is neither inherent nor unbounded, but consists only of that granted by the Constitution. In 1998, the Court remained steadfast to this precept, thwarting yet another attempt by a federal branch to exceed its limited and enumerated constitutional powers. This time, however, the perpetrator was none other than the Article IH judiciary itself. In Steel Co. v. Citizens for a Better Environment, the Court formally denounced the federal court practice …
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.
Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.
Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.
Michigan Law Review
In discussions about American federalism, it is common to speak of a "state government" as if it were a black box, an individual speaking with a single voice. State governments are, of course, no such thing. Rather, a "state" actually incorporates a bundle of different subdivisions, branches, and agencies controlled by politicians who often compete with each other for electoral success and governmental power. In particular, these institutions compete with each other for the power to control federal funds and implement federal programs. This article explores one aspect of this intrastate competition - the extent to which federal law can …
Beyond "Marbury": Jurisdictional Self-Dealing In "Seminole Tribe", Laura S. Fitzgerald
Beyond "Marbury": Jurisdictional Self-Dealing In "Seminole Tribe", Laura S. Fitzgerald
Vanderbilt Law Review
In Seminole Tribe v. Florida, the Supreme Court held that the Constitution's Article III embodies a principle of state sovereign immunity which so constrains the federal judicial power that it prohibits Congress from granting federal courts subject matter jurisdiction over private lawsuits to enforce Article I legislation against states. At the same time, however, and again in Idaho v. Coeur d'Alene Tribe, the Court reaffirmed its own Ex parte Young doctrine, under which the Court itself unilaterally granted federal courts subject matter jurisdiction over private lawsuits to coerce states to comply with federal law despite state sovereign immunity. Neither in …
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
Richmond Journal of Law & Technology
In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …
What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz
UIC Law Review
No abstract provided.
It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman
It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman
Maryland Journal of International Law
No abstract provided.
Stop The Madness! Procedural And Practical Defenses To Avoid Inconsistent Cross-Border Judgments Between Texas And Mexico, Lauretta Drake
Stop The Madness! Procedural And Practical Defenses To Avoid Inconsistent Cross-Border Judgments Between Texas And Mexico, Lauretta Drake
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Non-Governmental Perspective Regarding The International Protection Of Children In The Inter-American System Of Human Rights, Ariel E. Dulitzky, Luguely Cunillera Tapia
A Non-Governmental Perspective Regarding The International Protection Of Children In The Inter-American System Of Human Rights, Ariel E. Dulitzky, Luguely Cunillera Tapia
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Law's Territory (A History Of Jurisdiction), Richard T. Ford
Michigan Law Review
Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …
Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis
Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis
UIC Law Review
No abstract provided.
Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris
Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris
UIC Law Review
No abstract provided.
Democracy And Disenfranchisement In Washington, D.C., Jamin B. Raskin, Cathleen Caron
Democracy And Disenfranchisement In Washington, D.C., Jamin B. Raskin, Cathleen Caron
Human Rights Brief
No abstract provided.
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
Michigan Law Review
Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …