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Articles 1 - 14 of 14
Full-Text Articles in Law
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Chris V. Tenet, No. 00-829 (U.S. Nov 16, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Calhoun V. Yamaha Motor Corp, No. 00-681 (U.S. Oct 30, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Scholarly Works
This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel
Publications
No abstract provided.
Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve
Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein
Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein
Publications
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Paradigm Changes In Telecommunications Regulation, Phil Weiser
Paradigm Changes In Telecommunications Regulation, Phil Weiser
Publications
No abstract provided.
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon
Articles
No abstract provided.
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Articles & Book Chapters
The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Recognizing Opportunistic Bias Crimes, Lu-In Wang
Articles
The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …
Dueling Class Actions, Rhonda Wasserman
Dueling Class Actions, Rhonda Wasserman
Articles
When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …