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Articles 1 - 16 of 16
Full-Text Articles in Law
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King
Federal Communications Law Journal
Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …
Principles Of Forum Selection, Antony L. Ryan
Principles Of Forum Selection, Antony L. Ryan
West Virginia Law Review
No abstract provided.
Amenability To Jurisdiction As A "Substantive Right": The Invalidity Of Rule 4(K) Under The Rules Enabling Act, Leslie M. Kelleher
Amenability To Jurisdiction As A "Substantive Right": The Invalidity Of Rule 4(K) Under The Rules Enabling Act, Leslie M. Kelleher
Indiana Law Journal
No abstract provided.
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
University of Arkansas at Little Rock Law Review
No abstract provided.
Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson
Restitution On Behalf Of Indirect Purchasers: Opening The Backdoor To Illinois Brick, Ivy Johnson
Washington and Lee Law Review
No abstract provided.
Personal Jurisdiction And The Internet: Is A Home Page Enough To Satisfy Minimum Contacts?, Kevin R. Lyn
Personal Jurisdiction And The Internet: Is A Home Page Enough To Satisfy Minimum Contacts?, Kevin R. Lyn
Campbell Law Review
This paper reviews the Internet in general and the law concerning personal jurisdiction. Recent federal cases are considered in which Internet home pages have been both successfully and unsuccessfully asserted as a basis for personal jurisdiction. Thereafter, the law in this area is summarized and the various viewpoints on the issue are presented, including opinions posted on the Internet itself. Lastly, this paper summarizes the issue of personal jurisdiction and the Internet and presents some possible recommendations for the Internet user.
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza
Washington and Lee Law Review
No abstract provided.
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
Brigham Young University Journal of Public Law
No abstract provided.
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Lloyd's Of London And The Problem With Federal Diversity Jurisdiction, Howard M. Tollin, Mark Deckman
Lloyd's Of London And The Problem With Federal Diversity Jurisdiction, Howard M. Tollin, Mark Deckman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Cisg And The Problem With Common Law Jurisdictions, Monica Kilian
Cisg And The Problem With Common Law Jurisdictions, Monica Kilian
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Constructing Alternative Avenues Of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(A), Phillip F. Cramer
Constructing Alternative Avenues Of Jurisdictional Protection: Bypassing Burnham's Roadblock Via § 1404(A), Phillip F. Cramer
Vanderbilt Law Review
A plaintiff from Maine sues an insurance company, incorporated in Maine and having its principal place of business in Maine, on a loss incurred in Maine under a contract negotiated, written, and executed in Maine. The plaintiff files the suit in Alabama to take advantage of its liability law, its statute of limitations, its juries, its rules of evidence, and its posture toward plaintiffs. The plaintiff serves a representative of the insurance company traveling in Alabama en route to an industry convention. For all the reasons the plaintiff seeks a forum in Alabama, the defendant wishes to avoid that forum. …
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Michigan Journal of Race and Law
This Note argues that Tribes have parens patriae standing to protect their citizens through litigation on their behalf, even if not all of their citizens are engaged in the litigation. Part I examines the current requirements of parens patriae standing, as articulated by the Supreme Court. Part II briefly examines the nature of tribal sovereignty within American jurisprudence and concludes that parens patriae standing is a retained right of the Tribes. Part III examines the way in which the Federal District Courts have incorrectly handled tribal parens patriae standing. This section argues for a reexamination of Supreme Court doctrine when …
In Rem Jurisdiction In Cyberspace, Thomas R. Lee
In Rem Jurisdiction In Cyberspace, Thomas R. Lee
Washington Law Review
"Cyberpirates" incorporating variations on famous trademarks in Internet domain names often attempt to insulate themselves from service of process by providing false and incomplete information in registration materials. Holders of prominent trademarks are often left without an effective remedy because of the logistical difficulty of identifying cyberpirates and personally serving a multitude of complaints in far-flung jurisdictions. This Article examines a potential solution to the problem, whereby the trademark holder files an in rem action against the Internet domain names themselves on the theory that domain names incorporating their famous trademarks violate the Lanham Act and are subject to cancellation …