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Articles 31 - 49 of 49
Full-Text Articles in Law
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Duke Journal of Constitutional Law & Public Policy Sidebar
In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Faculty Scholarship
Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This "modern position" came under attack by so-called "revisionist" critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of …
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Faculty Scholarship
No abstract provided.
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Federalizing Crime: Assessing The Impact On The Federal Courts, Sara Sun Beale
Faculty Scholarship
This article examines the history of federal criminal jurisdiction and criminal enforcement, and reviews federal caseload statistics. The federal criminal caseload grew dramatically between 1980 and the mid-1990s, but this increase tells only part of the story. The federal criminal caseload has fluctuated widely over the past two decades, and the number of criminal cases today is about the same as it was in the early 1970s. Although criminal cases now account for only one-fifth of the federal caseload, they take a large and disproportionate share of federal judicial resources. In more than one-third of federal judicial districts, criminal cases …
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Faculty Scholarship
No abstract provided.
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale
Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Book Review, Curtis A. Bradley, Jack L. Goldsmith
Book Review, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Reviewing, Gary B. Born & David Westin, International Civil Litigation in the United States Courts (1992) (with Jack L. Goldsmith)
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Ending The Marathon: It Is Time To Overrule “Northern Pipeline”, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky
State Sovereignty And Federal Court Power: The Eleventh Amendment After “Pennhurst V. Halderman”, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson
The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson
Faculty Scholarship
No abstract provided.
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Faculty Scholarship
No abstract provided.
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Migratory Divorce, David F. Cavers