Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (10)
- Selected Works (10)
- University of Miami Law School (4)
- Duke Law (3)
- Boston University School of Law (2)
-
- Northwestern Pritzker School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Schulich School of Law, Dalhousie University (1)
- SelectedWorks (1)
- University of Michigan Law School (1)
- University of Oklahoma College of Law (1)
- University of Pittsburgh School of Law (1)
- University of South Dakota (1)
- University of Washington School of Law (1)
- Publication
-
- Pepperdine Law Review (8)
- Articles (4)
- Faculty Scholarship (4)
- Dr Robert Brown (2)
- Faculty Working Papers (2)
-
- Pepperdine Dispute Resolution Law Journal (2)
- Scott Dodson (2)
- Ulf Maunsbach (2)
- American Indian Law Review (1)
- American University Law Review (1)
- Articles, Book Chapters, & Popular Press (1)
- Doug Rendleman (1)
- Duke Journal of Constitutional Law & Public Policy Sidebar (1)
- Faculty Publications (1)
- Frank Pommersheim (1)
- Herma Hill Kay (1)
- Ingrid Michelsen Hillinger (1)
- James Grimmelmann (1)
- Jonathan I. Ezor (1)
- Popular Media (1)
- Reviews (1)
- University of Miami Business Law Review (1)
- University of Miami International and Comparative Law Review (1)
- Publication Type
- File Type
Articles 31 - 41 of 41
Full-Text Articles in Law
The Problem Of Trans-National Libel, Lili Levi
The Problem Of Trans-National Libel, Lili Levi
Articles
Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Articles
In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …
Business Interests And The Long Arm In 2011, Paul D. Carrington
Business Interests And The Long Arm In 2011, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington
Faculty Scholarship
In Young v. New Haven Advocate, 315 F.3d 256 (4th Cir. 2002), the Fourth Circuit crafted a jurisdictional test for Internet defamation that requires the plaintiff to show that the defendant specifically targeted an audience in the forum state for the state to exercise jurisdiction. This test relies on the presumption that the Internet — which is accessible everywhere — is targeted nowhere; it strongly protects foreign libel defendants who have published on the Internet from being sued outside of their home states. Other courts, including the North Carolina Court of Appeals, have since adopted or applied the test. The …
Clarity And Clarification: Grable Federal Questions In The Eyes Of Their Beholders, Elizabeth Mccuskey
Clarity And Clarification: Grable Federal Questions In The Eyes Of Their Beholders, Elizabeth Mccuskey
Faculty Scholarship
Jurists and commentators have repeated for centuries the refrain that jurisdictional rules should be clear.' Behind this mantra is the idea that clearly designed jurisdictional rules should enable trial courts to apply the law more easily and therefore allow litigants to predict more accurately how trial courts will rule.2 The mantra's ultimate goal is efficiency-that trial courts not labor too long on jurisdiction and, most important, that litigants can accurately predict the correct forum and choose to spend their money litigating the merits of their claim, rather than where it will be heard. Jurisdictional clarity largely is devoted …
Flux And Fragmentation In The International Law Of State Jurisdiction: The Synecdochal Example Of Canada’S Domestic Court Conflicts Over Accountability For International Human Rights Violations, Robert Currie, Hugh Kindred
Flux And Fragmentation In The International Law Of State Jurisdiction: The Synecdochal Example Of Canada’S Domestic Court Conflicts Over Accountability For International Human Rights Violations, Robert Currie, Hugh Kindred
Articles, Book Chapters, & Popular Press
Any serious exploration of unity and fragmentation in public international law must consider the normative basis of one of the fundamental tools of state action on the international plane: jurisdiction. And no better illustration of the fluctuating application of jurisdiction may be had than to take a national sample – such as Canada – of domestic courts’ struggles to establish accountability for human rights conduct and abuses abroad. The paradigms of the law of jurisdiction, as with the vast corpus of international law, originally responded to the needs of the traditional verities of a legal system based around the state …
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey
Faculty Scholarship
Jonathan Remy Nash's article, On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction, bravely tackles and creatively merges-the dual debates over rules versus standards and the ideal contours of federal jurisdiction.' He proposes a revised regime in which rules define jurisdictional boundaries at the front end, while standards "migrate" into a discretionary abstention phase at the back end.2 This realignment, Nash argues, optimizes efficiency and predictability by placing a bright-line rule at the jurisdictional threshold, while promoting federalism by establishing a safety net that applies standards to claims that cross the threshold. 3 In this …
Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach
Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
James Grimmelmann
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach
Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Structuring Jurisdictional Rules And Standards, Scott Dodson, Elizabeth Mccuskey