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Articles 31 - 49 of 49

Full-Text Articles in Law

Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton Apr 2006

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 Jan 2006

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 Jan 2000

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 Jan 1999

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 Jan 1998

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1993

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 Jan 1991

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 Jan 1985

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 Jan 1972

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 Jan 1970

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 Jan 1967

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 Jan 1962

The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Migratory Divorce, David F. Cavers Jan 1937

Migratory Divorce, David F. Cavers

Faculty Scholarship

No abstract provided.