Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisdiction (62)
- International Law (30)
- Conflict of Laws (21)
- Courts (19)
- Intellectual Property Law (15)
-
- Civil Law (14)
- Constitutional Law (14)
- Internet Law (14)
- Comparative and Foreign Law (13)
- Commercial Law (10)
- Dispute Resolution and Arbitration (10)
- Civil Procedure (8)
- Law Enforcement and Corrections (8)
- Marketing Law (8)
- Criminal Law (7)
- Judges (7)
- Law and Economics (7)
- Law and Society (7)
- Human Rights Law (6)
- Legal History (6)
- Legislation (6)
- Computer Law (5)
- Jurisprudence (5)
- Law and Politics (5)
- Science and Technology Law (5)
- Social and Behavioral Sciences (5)
- Health Law and Policy (4)
- Legal Remedies (4)
- Litigation (4)
- Publication Year
- Publication
-
- Scott Dodson (15)
- Ulf Maunsbach (14)
- Tara L. Grove (9)
- Katherine J. Florey (5)
- Jay Tidmarsh (4)
-
- Kevin M. Clermont (4)
- Aaron-Andrew P. Bruhl (3)
- Donald J. Kochan (3)
- Howard M Wasserman (3)
- John (Bernie) Corr (3)
- Lee Kovarsky (3)
- Margaret S. Thomas (3)
- Michelle Gallant (3)
- Noah B Novogrodsky (3)
- Robin Warner (3)
- Abigail Stecker (2)
- Charles C. Jalloh (2)
- Dan Svantesson (2)
- Danielle Ireland-Piper (2)
- Dr Robert Brown (2)
- Dr. Karim Y Youssef (2)
- Jennifer Jackson (2)
- Lydia R. Nussbaum (2)
- Michael S. Green (2)
- Nelson Rodrigues Netto (2)
- Professor Ben M Tsamenyi (2)
- Quentin Hanich (2)
- Ademun Ademun-Odeke (1)
- Alexandra D. Lahav (1)
- Amanda Coulthard (1)
- File Type
Articles 1 - 30 of 190
Full-Text Articles in Law
Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove
Government Standing And The Fallacy Of Institutional Injury, Tara Leigh Grove
Tara L. Grove
A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of Marriage Act, and partisan gerrymandering, government institutions have brought suit to redress “institutional injuries”—that is, claims of harm to their constitutional powers or duties. Jurists and scholars are increasingly enthusiastic about these lawsuits, arguing (for example) that the Senate should have standing to protect its power to ratify treaties; that the House of Representatives may sue to preserve its role in the appropriations process; and that the President may go to court to vindicate his Article II prerogatives. This Article …
The Dark Side Of Territoriality, Timothy Zick
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Linda A. Malone
No abstract provided.
An Organizational Account Of State Standing, Katherine Mims Crocker
An Organizational Account Of State Standing, Katherine Mims Crocker
Katherine Mims Crocker
Again and again in regard to recent high-profile disputes, the legal community has tied itself in knots over questions about when state plaintiffs should have standing to sue in federal court, especially in cases where they seek to sue federal-government defendants. Lawsuits challenging everything from the Bush administration’s environmental policies to the Obama administration’s immigration actions to the Trump administration’s travel bans have become mired in tricky and technical questions about whether state plaintiffs belonged in federal court.
Should state standing cause so much controversy and confusion? This Essay argues that state plaintiffs are far more like at least one …
Erie, Swift, And Legal Positivism, Michael S. Green
Erie, Swift, And Legal Positivism, Michael S. Green
Michael S. Green
No abstract provided.
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one …
Abstention Doctrine, Aaron-Andrew P. Bruhl
Abstention Doctrine, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley
When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley
Laura Dooley
Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal …
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
James T Gathii
This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …
The Irrelevance Of Jurisdictionality In Fort Bend County V. Davis, Scott Dodson
The Irrelevance Of Jurisdictionality In Fort Bend County V. Davis, Scott Dodson
Scott Dodson
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
Robert B. Ahdieh
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …
Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh
Special Court For Sierra Leone: Achieving Justice?, Charles Chernor Jalloh
Charles C. Jalloh
The Sierra Leone war, which lasted between 1991 and 2002, gained notoriety around the world for “blood" or "conflict" diamonds and some of the worst atrocities ever perpetrated against civilians in a modern conflict. On January 16, 2002, the United Nations and the Government of Sierra Leone signed an historic agreement to establish the Special Court for Sierra Leone (SCSL). In setting up a new type of ad hoc criminal tribunal, the parties sought to achieve two key objectives. First, to dispense credible justice by enabling the prosecution of those bearing greatest responsibility for the wartime atrocities based on international …
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh
International Decision, International Criminal Court, Judgment On The Appeal Of The Republic Of Kenya Against Pre-Trial Chamber Decision Denying Inadmissibility Of The Kenya Situation, Charles Chernor Jalloh
Charles C. Jalloh
A fundamental pillar of the Rome Statute of the International Criminal Court (ICC) is Article 17, which enshrines the complementarity principle – the idea that ICC jurisdiction will only be triggered when states fail to act to prosecute genocide, crimes against humanity and war crimes within their national courts or in circumstances where they prove unwilling and or unable to do so. The problem is that, as shown in this case report in the American Journal of International Law on the first ICC Appeals Chamber ruling regarding a state party’s objection to the court’s assertion of jurisdiction over its nationals, …
Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel
Brief Of Amici Curieae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel
Andrew Chin
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant …
Brief Of Amici Curiae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel
Brief Of Amici Curiae 56 Professors Of Law And Economics In Support Of Petition Of Writ Of Certiorari, John R. Allison, Margo Bagley, James Bessen, Jeremy Bock, Daniel H. Brean, Michael A. Carrier, Michael W. Carroll, Bernard Chao, Tun-Jen Chiang, Colleen V. Chien, Andrew Chin, Robert Cook-Deegan, Md, Rochelle Dreyfuss, Dr. Dieter Ernst, Samuel F. Ernst, Robin C. Feldman, Lee Fleming, Brian Frye, William Gallagher, Shubha Ghosh, Eric Goldman, Bronwyn H. Hall, Yaniv Heled, Christian Helmers, Joachim Henkel, Susan Helper, Tim Holbrook, Herbert Hovenkamp, William Hubbard, Dr. Xavier Jaravel, Dennis S. Karjala, Peter Lee, Mark A. Lemley, David K. Levine, David S. Levine, Doug Lichtman, Yvette Joy Liebesman, Orly Lobel, Brian Love, Phil Malone, Michael J. Meurer, Dr. Shawn Miller, Matthew Mitchell, Susan Barbieri Montgomery, Sean Pager, Arti K. Rai, Jacob H. Rooksby, Jorge R. Roig, Matthew Sag, Pamela Samuelson, Ana Santos Rutschman, Lea Bishop Shaver, Toshiko Takenaka, John L. Turner, Jennifer Urban, Eric Von Hippel
Michael W. Carroll
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant …
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
John (Bernie) Corr
No abstract provided.
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
John (Bernie) Corr
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
John (Bernie) Corr
No abstract provided.
Jurisdiction And Its Effects, Scott Dodson
Jurisdiction And Its Effects, Scott Dodson
Scott Dodson
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy
Joan M. Shaughnessy
This Essay contrasts the jurisdictional regime followed in termination of parental rights and other child custody cases with the regime that has dominated recent Supreme Court personal jurisdiction cases. Jurisdiction in child custody cases has long been based upon the connection of the child, not the defendant parent, to the jurisdiction. Recent Supreme Court cases, on the other hand, have focused nearly exclusively on the defendant’s connection to the forum state. This Essay argues that the Supreme Court cases betray a failure of the Court to provide a consistent constitutional justification for the jurisdictional limitations it has imposed. The Essay …
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
A Roundtable Discussion With Lawrence Lessig, David G. Post & Jeffrey Rosen, Thomas E. Baker
Thomas E. Baker
This article is a transcript of a discussion between Lawrence Lessig, David G. Post and Jeffrey Rosen on a variety of issues surrounding law, technology and the Internet. The moderator was Thomas E. Baker and the discussion was part of a Drake University Law School symposium in February of 2001.
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman
Howard M Wasserman
No abstract provided.
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Fletcherian Standing, Merits, And Spokeo V. Robins, Howard Wasserman
Howard M Wasserman
This essay offers an exercise in wishful jurisdictional and procedural thinking. As part of a Supreme Court Roundtable on Spokeo, Inc. v. Robins, it argues for William Fletcher's conception of standing as an inquiry into the substantive merits of a claim and of whether the plaintiff has a valid cause of action. This approach is especially necessary in statutory cases; along with its constitutional power to create new rights, duties, and remedies, Congress should have a free hand in deciding who and how those rights and duties should be enforced. Spokeo, which involves a claim for damages for publication of …
Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke
Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke
Ademun Ademun-Odeke
No abstract provided.
Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo
Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo
Scott Dodson
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White
Frederic White Jr
This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.
Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Trade Secrets, Trade, And Extraterritoriality, Elizabeth A. Rowe, Daniel M. Mahfood
Elizabeth A Rowe
When a foreign individual or company misappropriates the trade secrets of an American company, and the acts of misappropriation occur entirely outside of the United States, the trade secret law of the United States generally will not apply. This represents the principle of extraterritoriality, and identifies a major vulnerability for companies that choose to conduct operations or engage in other business abroad. In such situations, the substantive and procedural laws of another country are likely to define whether the allegedly misappropriated information is protected and has been misappropriated. Providing a domestic forum to prosecute extraterritorial infringement would substantially benefit domestic …
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Christopher B. Seaman
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Ice Skating Up Hill: Constitutional Challenges To Sec Administrative Proceedings, Thomas Glassman
Thomas S Glassman
Since the inception of the Dodd-Frank Act the Securities and Exchange Commission has come under fire for its increased use of administrative proceedings in adjudicating the agency’s enforcement actions. That criticism has come to several suits in federal court claiming constitutional challenges to the system generally and most recently, the Administrative Law Judges themselves. Until June of 2015, when Hill v. the SEC took place in federal court, the Government was unbeaten in when arguing against these constitutional challenges. Hill, however found that it was likely the SEC had hired their Administrative Law Judges unconstitutionally. The SEC Administrative Law Judges …