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Jurisprudence

2014

Series

Yeshiva University, Cardozo School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine Jan 2014

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

Articles

No abstract provided.


Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash Jan 2014

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …