Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (40)
- SelectedWorks (20)
- Selected Works (19)
- University of Michigan Law School (7)
- Boston University School of Law (5)
-
- Duke Law (5)
- University of Miami Law School (5)
- University of Pittsburgh School of Law (4)
- Cornell University Law School (3)
- Maurer School of Law: Indiana University (3)
- Northwestern Pritzker School of Law (3)
- William & Mary Law School (3)
- Cleveland State University (2)
- Florida A&M University College of Law (2)
- Georgetown University Law Center (2)
- Schulich School of Law, Dalhousie University (2)
- University of Oklahoma College of Law (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Notre Dame Law School (1)
- The Catholic University of America, Columbus School of Law (1)
- UC Law SF (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- Keyword
-
- Jurisdiction (41)
- Arbitration (10)
- Supreme Court (8)
- Federalism (7)
- International law (7)
-
- Litigation (7)
- Arbitration contracts (6)
- Courts (6)
- Federal courts (6)
- Dispute resolution (5)
- Human rights (5)
- International commercial arbitration (5)
- Removal (5)
- Alien Tort Statute (4)
- Civil Law (4)
- Contracts (4)
- Diversity jurisdiction (4)
- Federal jurisdiction (4)
- Judicial review (4)
- Jurisdictional (4)
- Law reform (4)
- United States (4)
- Abstention (3)
- Aliens (3)
- Arbitration agreements (3)
- Bankruptcy (3)
- Civil Procedure (3)
- Comity (3)
- Commercial arbitration (3)
- Conflict of Laws (3)
- Publication
-
- Pepperdine Law Review (22)
- Pepperdine Dispute Resolution Law Journal (18)
- Faculty Scholarship (13)
- Articles (9)
- Dr Robert Brown (4)
-
- Michele Carducci Prof. (4)
- Cornell Law Faculty Publications (3)
- enrico baffi (3)
- Articles, Book Chapters, & Popular Press (2)
- Cleveland State Law Review (2)
- Doug Rendleman (2)
- Faculty Publications (2)
- Faculty Working Papers (2)
- Georgetown Law Faculty Publications and Other Works (2)
- IP Theory (2)
- Javier Martín Reyes (2)
- Jonathan I. Ezor (2)
- Markus Gunneflo (2)
- Michigan Law Review (2)
- Scott Dodson (2)
- Ulf Maunsbach (2)
- Valerio Cosimo Romano (2)
- American Indian Law Review (1)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
- Chimene I Keitner (1)
- Craig A Bloom (1)
- Darren A. Prum (1)
- Daudi Mwita Nyamaka Mr. (1)
- Duke Journal of Constitutional Law & Public Policy Sidebar (1)
- Publication Type
- File Type
Articles 1 - 30 of 145
Full-Text Articles in Law
Erie's International Effect, Michael Steven Green
Kiobel V. Royal Dutch Petroleum: Delineating The Bounds Of The Alien Tort Statute, Tara Mcgrath
Kiobel V. Royal Dutch Petroleum: Delineating The Bounds Of The Alien Tort Statute, Tara Mcgrath
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews the upcoming Supreme Court case, Kiobel v. Royal Dutch Petroleum Co., in which the Court will address questions regarding the Alien Tort Statute and its applicability to foreign conduct and foreign litigants. The case will require the Court to reexamine the bounds of a long-ago established tort doctrine in light of more modern considerations and developments in international law.
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman
Doug Rendleman
A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …
History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown
History Of The Statutory Rules Of Federal Jurisdiction And Procedure, Robert C. Brown
Dr Robert Brown
No abstract provided.
Cases On Federal Procedure, Robert C. Brown
Federal Jurisdiction And Procedure, Robert C. Brown
Federal Jurisdiction And Procedure, Robert C. Brown
Dr Robert Brown
No abstract provided.
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Dr Robert Brown
Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.
Same-Sex Divorce In The Conflict Of Laws, Herma Hill Kay
Same-Sex Divorce In The Conflict Of Laws, Herma Hill Kay
Herma Hill Kay
No abstract provided.
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson
Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280, Robert T. Anderson
Washington Law Review
This Article canvasses the jurisdictional rules applicable in American Indian tribal territories—“Indian country.” The focus is on a federal law passed in the 1950s, which granted some states a measure of jurisdiction over Indian country without tribal consent. The law is an aberration. Since the adoption of the Constitution, federal law preempted state authority over Indians in their territory. The federal law permitting some state jurisdiction, Public Law 280, is a relic of a policy repudiated by every President and Congress since 1970. States have authority to surrender, or retrocede, the authority granted by Public Law 280, but Indian tribal …
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
An Ind. Run Around The U.C.C.: The Use (Or Abuse?) Of Indemnity, Paul J. Wilkinson
Pepperdine Law Review
No abstract provided.
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Pepperdine Law Review
No abstract provided.
Jurisdictional Procedure, Justin Pidot
Jurisdictional Procedure, Justin Pidot
William & Mary Law Review
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
Michigan Law Review
Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
Pepperdine Law Review
No abstract provided.
Remand: One Constitution, One Standard, Stephen E. Abraham, William M. Hensley
Remand: One Constitution, One Standard, Stephen E. Abraham, William M. Hensley
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Breves Notas Sobre El Neoconstitucionalismo, Jhonathan Avila Romero
Breves Notas Sobre El Neoconstitucionalismo, Jhonathan Avila Romero
Jhonathan Avila Romero
El presente trabajo aborda las acepciones del neoconstitucionalismo.
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Articles
This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …
Erie, Swift, And Legal Positivism, Michael S. Green
Erie, Swift, And Legal Positivism, Michael S. Green
Popular Media
No abstract provided.
Foreign Law Firms In India: An Economic Perspective On The War For Indian Legal Services Market?, Maurya Vijay Chandra
Foreign Law Firms In India: An Economic Perspective On The War For Indian Legal Services Market?, Maurya Vijay Chandra
Maurya Vijay Chandra
Entry of foreign law firms has been a hot topic in the legal fraternity in India for more than a decade now. Some have been looking for their arrival in India with great sense of anticipation and others have raised a queer pitch to keep them out. The formal battle lines are drawn along the legal possibility of foreign law firm's entry into India. Hon'ble Bombay High Court in the Lawyers Collective Case held that it is illegal for the foreign law firms to open liaison offices in India, but recently, the ruling by the Hon'ble Madras High Court in …
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane
Pepperdine Law Review
No abstract provided.