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Full-Text Articles in Law

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver Jun 2015

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Akron Law Review

My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.


The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley May 2015

The Supreme Court’S Quiet Revolution: Redefining The Meaning Of Jurisdiction, Erin Morrow Hawley

William & Mary Law Review

Over the last three decades, the Rehnquist and Roberts Courts have carried out a quiet revolution in the nature and meaning of jurisdiction. Historically, federal courts generally treated procedural requirements, like filing deadlines and exhaustion prerequisites, as presumptively “jurisdictional.” In case after case, the modern Court has reversed course. The result has been an unobtrusive but seminal redefinition of what jurisdiction means to begin with: the adjudicatory authority of the federal courts. This shift is momentous, but it has been obscured by the Court’s erstwhile imposition of a clear statement requirement. For courts to find a statutory requirement jurisdictional, Congress …


Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener Mar 2015

Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener

University of Massachusetts Law Review

This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.


The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman Jan 2015

The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman

Northwestern University Law Review

No abstract provided.


Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner Jan 2015

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.


How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs Jan 2015

How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs

Northwestern University Law Review

No abstract provided.


Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo Jan 2015

Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo

American Indian Law Review

No abstract provided.