Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisdiction (7)
- International Law (4)
- Administrative Law (2)
- Conflict of Laws (2)
- Dispute Resolution and Arbitration (2)
-
- Human Rights Law (2)
- Transnational Law (2)
- Antitrust and Trade Regulation (1)
- Asian Studies (1)
- Civil Procedure (1)
- Commercial Law (1)
- Constitutional Law (1)
- Courts (1)
- Environmental Law (1)
- European Law (1)
- International Humanitarian Law (1)
- International and Area Studies (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Society (1)
- Legislation (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Institution
- Publication
-
- Articles in Law Reviews & Other Academic Journals (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles by Maurer Faculty (1)
- Cornell Law School J.D. Student Research Papers (1)
- Elisabeth Haub School of Law Faculty Publications (1)
-
- Faculty of Law - Papers (Archive) (1)
- GW Law Faculty Publications & Other Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Innis Christie Collection (1)
- LLM Theses and Essays (1)
- Law Faculty Research Publications (1)
- Law Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- University of San Diego Public Law and Legal Theory Research Paper Series (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
The Drafting Process For A Hague Convention On Jurisdiction And Judgments With Special Consideration Of Intellectual Property And E-Commerce, Knut Woestehoff
LLM Theses and Essays
This thesis is a study of the drafting process for the Hague Convention on Jurisdiction and Judgments. It will be demonstrated why the original goal of a broad treaty was given up in favor of a draft convention that only applies in international cases to exclusive choice of court agreements concluded in civil and commercial matters in the business-to-business setting. The reader will get an understanding of how the participating nations and interest groups influenced the negotiations and modified the outcome of the discussions. Special consideration was given to the matters of intellectual property and e-commerce, which were nearly completely …
The Judge As A Fly On The Wall: Interpretive Lessons From The Positive Political Theory Of Legislation, Daniel B. Rodriguez, Cheryl Boudreau, Arthur Lupia, Mathew Mccubbins
The Judge As A Fly On The Wall: Interpretive Lessons From The Positive Political Theory Of Legislation, Daniel B. Rodriguez, Cheryl Boudreau, Arthur Lupia, Mathew Mccubbins
University of San Diego Public Law and Legal Theory Research Paper Series
In the modern debate over statutory interpretation, scholars frequently talk past one another, arguing for one or another interpretive approach on the basis of competing, and frequently undertheorized, conceptions of legislative supremacy and political theory. For example, so-called new textualists insist that the plain meaning approach is compelled by the U.S. Constitution and rule of law values; by contrast, theorists counseling a more dynamic approach often reject the premise of legislative supremacy that is supposed by the textualist view. A key element missing, therefore, from the modern statutory interpretation debate is a conspicuous articulation of the positive and empirical premises …
International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher
International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher
Cornell Law School J.D. Student Research Papers
Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. They are a powerful tool available to American courts to implement their decision on jurisdiction. It goes without saying that granting such an injunction de facto affects the capability of the other forum to hear the dispute, which conflicts with the principle of comity. American courts therefore only enjoin a party from proceeding in another forum if certain criteria are satisfied. This paper discusses these criteria in the context of international litigations and arbitrations. It analyzes the case law on this issue and …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
A previous Grievance which alleged improper staffing was successful and resulted in an Award which required that the affected employees receive an offer for the positions they would have had if filled properly. The Arbitrator retained jurisdiction regarding the implementation of the Award. A subsequent hearing regarding the Grievor resulted in an order to offer her the position she had been denied. The Grievor accepted the position, but with her own conditions. This hearing is to consider if she accepted the position or, by adding conditions, rejected the offer.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler
Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield
Cooperative Mechanisms And Maritime Security In Areas Of Overlapping Claims To Maritime Jurisdiction, Clive Schofield
Faculty of Law - Papers (Archive)
This chapter outlines progress in the delimitation of maritime boundaries and some of the problems relating to overlapping claims to maritime jurisdiction. It is contended that the incomplete nature of the maritime political map of the world is problematic, in particular because lack of delimitation inevitably equates to jurisdictional uncertainty and this is highly likely to be detrimental to maritime security. Alternatives to maritime boundary delimitation - cooperative mechanisms in areas of overlapping jurisdiction - are then addressed, including their emerging applicability to maritime security issues as well as the Southeast Asian experience.
Defining The Limits Of Supplemental Jurisdiction Under 28 U.S.C. § 1367: A Hearty Welcome To Permissive Counterclaims, Michelle S. Simon
Defining The Limits Of Supplemental Jurisdiction Under 28 U.S.C. § 1367: A Hearty Welcome To Permissive Counterclaims, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
In 1990, Congress passed 28 U.S.C. § 1367, which combined the judge-made doctrines of ancillary and pendent jurisdiction into a new category, “supplemental jurisdiction.” Supplemental jurisdiction allows federal district courts with original jurisdiction to also have jurisdiction over all other claims that form part of the “same case or controversy under Article III of the United States Constitution.” This Article analyzes supplemental jurisdiction over both permissive and compulsory counterclaims, before and after the codification of § 1367, by looking at the meaning of “same case or controversy.” It then examines two Circuit Court opinions that have held permissive counterclaims may …
The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner
The New Frontier Of State Constitutional Law, Jim Rossi, James A. Gardner
Vanderbilt Law School Faculty Publications
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the federal government, this new approach sees states as co-equals among themselves and between them and the federal government in a collective enterprise of democratic self-governance. This Symposium, organized around the theme of Dual Enforcement of Constitutional Norms, provides the occasion for leading scholars on state constitutional law to take a fresh look at their subject by adopting a vantage point outside of the individualized …
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Trail Smelter Déjà Vu: Extraterritoriality, International Environmental Law And The Search For Solutions To Canadian-U.S. Transboundary Water Pollution Disputes, Austen L. Parrish
Articles by Maurer Faculty
In the 1930s, a privately owned smelting plant in Trail, Canada was the focus of the most famous case in international environmental law: the Trail Smelter Arbitration. But the subject of that landmark case has not gone away. Over the last seventy years, the Trail smelter dumped millions of tons of mercury, arsenic, and toxic waste into the Columbia River. The dumping's effects have been felt in neighboring Washington State, where the toxic discharges have caused environmental harm. In 2003, the EPA began investigating the Washington border area for designation as a Superfund (CERCLA) site, and controversially demanded that the …
Immunity For Foreign Officials: Possibly Too Much And Confusing As Well, Barry E. Carter
Immunity For Foreign Officials: Possibly Too Much And Confusing As Well, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
In his thoughtful presentation, David Stewart observes from his daily experience that the law of international immunities is a "rather complex body of rules." In analyzing immunity issues, one needs to take into account treaties, laws, and/or cases that include, among others, the Foreign Sovereign Immunities Act, diplomatic and consular immunity, the case law regarding head of state immunity, and international organization law. In addition, there is pending the new UN Convention on Jurisdictional Immunities of States and their Property. Mr. Stewart also posits a general conclusion that in recent decades the general trend has been to limit the scope …
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This essay is a contribution to a symposium at the January 2005 annual meeting of the Association of American Law Schools Section on Conflict of Laws. More than ten years ago, German theorist Gunther Teubner called for the creation of an "intersystemic conflicts law," derived not just from collisions between the distinct nation-states of private international law, but from what he described as "conflicts between autonomous social subsystems." Since then, the web of intersystemic lawmaking Teubner described has only grown more complex. The collision of these multiple legal and quasi-legal normative systems requires, as Teubner suggested, a broader approach to …
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
The Iraqi Special Tribunal: A Human Rights Perspective, Michael A. Newton
Vanderbilt Law School Faculty Publications
The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy …
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Law Publications
In this article, the administrative law decisions rendered by the Supreme Court of Canada during the 2004-2005 term are reviewed. These decisions addressed four major issues: i) exclusive and concurrent jurisdiction between competing adjudicative bodies; ii) the right to independent adjudication; iii) standard of review; and iv) expertise and deference. Questions relating to exclusive and concurrent jurisdiction occupied the most significant part of the Supreme Court's administrative law energy during the 2004-2005 term. The author analyzes these decisions on jurisdiction, paying particular attention to the many divides between the members of the Court. She argues that the decisions on jurisdiction …