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Jurisdiction

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2015

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Articles 31 - 60 of 94

Full-Text Articles in Law

Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik Apr 2015

Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner Apr 2015

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


A Comment On Filartiga V. Pena-Irala, Dean Rusk Apr 2015

A Comment On Filartiga V. Pena-Irala, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Torture As A Violation Of The Law Of Nations, Louis B. Sohn Apr 2015

Torture As A Violation Of The Law Of Nations, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman Apr 2015

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention Against …


"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer Apr 2015

"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer

Seattle University Law Review

This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” …


The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish Apr 2015

The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish

Georgia Journal of International & Comparative Law

No abstract provided.


The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone Apr 2015

The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone

Georgia Journal of International & Comparative Law

No abstract provided.


Sovereign Immunity - Taxation - Residence Of Foreign Sovereign Diplomatic And Consular Staff Is Immune From Taxation Under A Bilateral Agreement And The Foreign Sovereign Immunities Act, Maija S. Blaubergs Apr 2015

Sovereign Immunity - Taxation - Residence Of Foreign Sovereign Diplomatic And Consular Staff Is Immune From Taxation Under A Bilateral Agreement And The Foreign Sovereign Immunities Act, Maija S. Blaubergs

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon Apr 2015

Extraterritorial Jurisdiction Under The Proposed Federal Criminal Codes: Senate Bill 1630 And House Bill 1647, William A. Gillon

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward Apr 2015

Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward

Georgia Journal of International & Comparative Law

No abstract provided.


Jurisdiction Over Imports Controversies After The Customs Courts Act Of 1980-Alberta Gas Chemicals, Ltd. V. Celanese Corp., Maija S. Blaubergs Apr 2015

Jurisdiction Over Imports Controversies After The Customs Courts Act Of 1980-Alberta Gas Chemicals, Ltd. V. Celanese Corp., Maija S. Blaubergs

Georgia Journal of International & Comparative Law

No abstract provided.


Minimum Contacts Jurisdiction Under The Foreign Sovereign Immunities Act, Eric Johnson, Chrisanne Worthington Apr 2015

Minimum Contacts Jurisdiction Under The Foreign Sovereign Immunities Act, Eric Johnson, Chrisanne Worthington

Georgia Journal of International & Comparative Law

No abstract provided.


The “Legal” Marijuana Industry’S Challenge For Business Entity Law, Luke Scheuer Apr 2015

The “Legal” Marijuana Industry’S Challenge For Business Entity Law, Luke Scheuer

William & Mary Business Law Review

In recent years, many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public face some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This Article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and equity holders. …


Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon Apr 2015

Is Zahn Gone? The Effect Of 28 U.S.C. § 1367 On The "No Aggregation Doctrine", Joseph J. Shannon

Touro Law Review

No abstract provided.


International Implications Of The 1982 Merger Guidelines, Vincent Draa Apr 2015

International Implications Of The 1982 Merger Guidelines, Vincent Draa

Georgia Journal of International & Comparative Law

No abstract provided.


The Federal Question In Patent-License Cases, Amelia Smith Rinehart Apr 2015

The Federal Question In Patent-License Cases, Amelia Smith Rinehart

Indiana Law Journal

The patent law has long recognized a patent owner’s ability to license some interest in the patent by granting to others permission to tread upon the patent owner’s property rights without legal consequence. When one of the parties to a patent license decides to seek remedies from the other party for a license harm, the resulting litigation may be a patent-infringement case with a contract issue or a contract case with a patent issue. In most cases, the patent owner brings her suit against the licensee in federal court, alleging that the licensee breached the license contract and, as a …


The Forgotten Jurisprudential Debate: Catholic Legal Thought's Response To Legal Realism, John M. Breen, Lee J. Strang Apr 2015

The Forgotten Jurisprudential Debate: Catholic Legal Thought's Response To Legal Realism, John M. Breen, Lee J. Strang

Marquette Law Review

none


An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins Apr 2015

An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins

Northwestern University Law Review

28 U.S.C. § 1291 vests jurisdiction in the United States Circuit Courts of Appeal to hear “appeals from all final decisions of the district courts of the United States.” Various circuit courts have, however, determined that they may only hear appeals of final “judicial” decisions, and that they do not have jurisdiction to hear appeals from final decisions of United States district courts if those decisions are “administrative.” Circuit courts have been loath to explicitly define the dividing line between the two classes of case, and have frequently invoked the potential availability of mandamus review as a means of placating …


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.


A Comparative Analysis Of The Efficacy Of Bilateral Agreements In Resolving Disputes Between Sovereigns Arising From Extraterritorial Application Of Antitrust Law: The Australian Agreement, James W. King Mar 2015

A Comparative Analysis Of The Efficacy Of Bilateral Agreements In Resolving Disputes Between Sovereigns Arising From Extraterritorial Application Of Antitrust Law: The Australian Agreement, James W. King

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley Mar 2015

Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Sovereign Immunities Act - Immunity Exception Provisions Of § 1330(A) - Harris Corp. V. National Iranian Radio & Television, Melanie Howell Mar 2015

Foreign Sovereign Immunities Act - Immunity Exception Provisions Of § 1330(A) - Harris Corp. V. National Iranian Radio & Television, Melanie Howell

Georgia Journal of International & Comparative Law

No abstract provided.


Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish Mar 2015

Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish

Georgia Journal of International & Comparative Law

No abstract provided.


The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser Mar 2015

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.


Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter Mar 2015

Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter

Georgia Journal of International & Comparative Law

No abstract provided.


Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown Mar 2015

Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown

Georgia Journal of International & Comparative Law

No abstract provided.


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant Mar 2015

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law Mar 2015

Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley Mar 2015

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.