Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (4)
- University of Colorado Law School (3)
- UC Law SF (2)
- University of Pittsburgh School of Law (2)
- American University Washington College of Law (1)
-
- Cornell University Law School (1)
- Department of Primary Industries and Regional Development, Western Australia (1)
- Duke Law (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- The Peter A. Allard School of Law (1)
- University of Kentucky (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Jurisdiction (4)
- Klamath River Basin (2)
- 18 USC 7 (1)
- 2001 (1)
- ADR (1)
-
- Acceptable forum (1)
- Adair litigation (1)
- Adjudicative facts (1)
- Advocacy science (1)
- Agency agendas (1)
- Agency science (1)
- Alan Rau (1)
- Alternative dispute resolution (1)
- Annex 2001 (1)
- Anti-terrorism (1)
- Apprendi v. New Jersey (1)
- Arable land (1)
- Armed attack (1)
- Background (1)
- Bald eagles (1)
- California (1)
- Cascade Mountains (1)
- Change in administration (1)
- Citizen suits (1)
- Clear Lake (1)
- Coastal moisture (1)
- Collateral events (1)
- Competence-competence (1)
- Conflict resolution (1)
- Conflicting agendas (1)
- Publication
-
- All Faculty Scholarship (4)
- Articles (3)
- Faculty Scholarship (3)
- Water Negotiation Workshop (June 4-5) (2)
- All Faculty Publications (1)
-
- Articles & Book Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Circuit Court Opinions (1)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Law Review Articles (1)
- Fisheries management papers (1)
- Law Faculty Scholarly Articles (1)
- Publications (1)
- Scholarly Works (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56
Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56
Circuit Court Opinions
These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii
Cornell Law Faculty Publications
No abstract provided.
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Sandra B. Zellmer, Mark Squillace
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Sandra B. Zellmer, Mark Squillace
Faculty Law Review Articles
No abstract provided.
Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation
Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation
Water Negotiation Workshop (June 4-5)
"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."
"Facilitators: Lucy Moore and Steve Snyder."
"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."
Contents:
Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy
Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center
Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center
Water Negotiation Workshop (June 4-5)
5 pages.
Contents:
Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin
Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.
Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky
Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky
Articles
The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.
I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
Fisheries Statutory Management Authority Inquiry Background Paper, H. G. Brayford
Fisheries Statutory Management Authority Inquiry Background Paper, H. G. Brayford
Fisheries management papers
The objective of this paper is to provide factual background to the issues that are likely to be relevant to the Advisory Committee’s considerations and to the interests of stakeholders. It also pulls together relevant reference material and experiences from within WA and from other fisheries jurisdictions in Australia.
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge
An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge
Faculty Scholarship
No abstract provided.
The Dubious Concept Of Jurisdiction, Evan Tsen Lee
The Dubious Concept Of Jurisdiction, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer
Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer
Publications
No abstract provided.
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
The question of whether notice is jurisdictional or not has important ramifications for citizen suit litigation. The characterization of the notice requirement as “jurisdictional” implicates the proper procedure for raising notice objections, the means of curing notice defects, the question of waiver of notice objections, and the timing of raising notice objections. This article will conduct a brief review of the case law concerning the jurisdictional nature (or not) of the notice requirement, a consideration of the as-yet unnoticed impact of Steel Co. on the issue, and a discussion of the procedural and litigation ramifications of characterizing the notice element …
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Trust Me, I’M A Judge: Why Binding Judicial Notice Of Jurisdictional Facts Violates The Right To Jury Trial, William M. Carter Jr.
Articles
The conventional model of criminal trials holds that the prosecution is required to prove every element of the offense beyond the jury's reasonable doubt. The American criminal justice system is premised on the right of the accused to have all facts relevant to his guilt or innocence decided by a jury of his peers. The role of the judge is seen as limited to deciding issues of law and facilitating the jury's fact-finding. Despite these principles,judges are reluctant to submit to the jury elements of the offense that the judge perceives to be . routine, uncontroversial or uncontested.
One such …
Multilateral Management As A Fair Solution To The Spratly Disputes, Wei Cui
Multilateral Management As A Fair Solution To The Spratly Disputes, Wei Cui
All Faculty Publications
The Spratlys are a scattered group of islands in the South China Sea over which China, the Philippines, Vietnam, Malaysia, and Brunei have made conflicting jurisdictional claims. Although there has been significant academic discussion of this dispute, the Author argues that much of it is hampered by a discourse obsessed with the regional balance of power and security-related strategies that are only tenuously related to each nation's specific legal claims in the Spratlys. In this Article, the Author suggests that a more productive approach to the Spratly disputes is one focused on finding a solution that is fair to all …
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
A Jurisdictional Approach To Collapsing Corporate Distinctions, Peter B. Oh
Articles
This article challenges our persistent path dependence on defunct distinctions between corporations and certain limited unincorporated associations. Recent federal tax regulations have inspired proposals for consolidated treatment of all limited business organizations through uniformly based or universally applicable statutes. I contend these proposals are preoccupied with how hybrid organizations such as the limited liability company and the limited liability partnership amalgamate, and thus implicitly preserve, traditional dichotomies between corporations and partnership categorizations as well as entities and aggregate theories. The continued use of these schemes compromises the legal basis for such proposals.
By critically examining certain jurisdictional principles, this article …
Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve
Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Faculty Scholarship
reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (2002)
Light From Dead Stars: The Procedural Adequate And Independent State Ground Reconsidered, Kermit Roosevelt Iii
Light From Dead Stars: The Procedural Adequate And Independent State Ground Reconsidered, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
Articles & Book Chapters
The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.