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Articles 1 - 30 of 132
Full-Text Articles in Law
Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel
Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel
Saint Louis University Public Law Review
This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …
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.
Dred Scott, John San(D)Ford, And The Case For Collusion, David T. Hardy
Dred Scott, John San(D)Ford, And The Case For Collusion, David T. Hardy
David T. Hardy
Dred Scott v. John F. A. Sandford was one of the most critical cases in Supreme Court history, “an astonisher,” as Lincoln phrased it. In the “Opinion of the Court,” which was not actually the opinion of the Court (parts of it mustered only three votes), Chief Justice Taney stretched to insulate slavery in every way manageable. The ruling became instead an application of the “law of unintended consequences.” It led to the rise of Abraham Lincoln (who devoted much of his “House Undivided” speech to it), the destruction of Stephen Douglas’ presidential campaign (since it held his core position …
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.
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.
Determining Diversity Jurisdiction Of National Banks After Wachovia Bank V. Schmidt, Michael Podolsky
Determining Diversity Jurisdiction Of National Banks After Wachovia Bank V. Schmidt, Michael Podolsky
Fordham Law Review
Prior to the U.S. Supreme Court’s decision in Wachovia Bank v. Schmidt, some courts held, for diversity jurisdiction purposes, that national banks were citizens of each and every state in which they had a branch. In Schmidt, the Supreme Court made it clear that this approach was incorrect, but failed to provide an alternative one. Not surprisingly, in the wake of that decision another court split developed. While some courts have found that national banks are citizens only of the state listed on their charters as their main office, others have found that national banks are also citizens …
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
West Virginia 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.
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.
Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook
Paul Cook
China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …
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.
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
Pepperdine Law Review
No abstract provided.
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe
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.
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.
How Nations Share, Allison Christians
How Nations Share, Allison Christians
Indiana Law Journal
Every nation has an interest in sharing the gains they help create by participating in globalization. Citizens should be very interested in discovering how well their governments fare in claiming an adequate share of this international income stream, since a government that cannot or will not exert its taxing jurisdiction internationally is potentially missing out on a very large and very productive source of revenue. Yet it is all but impossible for citizens to observe exactly how, or how well, their governments navigate this aspect of economic globalization. The vast majority of international tax law plays out in practice through …
Erie, Swift, And Legal Positivism, Michael S. Green
Erie, Swift, And Legal Positivism, Michael S. Green
Popular Media
No abstract provided.
Proxy Sovereignty And The Problem Of Immunity, Sarah L. Brinton
Proxy Sovereignty And The Problem Of Immunity, Sarah L. Brinton
Sarah L Brinton
The U.S. Constitution creates a three-branch federal government that acts on behalf of the sovereign people. Each constitutional branch—Congress, the executive, and the judiciary—is constrained to exercise only the powers and act only in the roles assigned it by the sovereign people via the Constitution. Despite this tripartite, proxy-sovereign nature of the U.S. national government, current federal sovereign immunity jurisprudence affords Congress the exclusive right to act as sovereign to waive immunity. This Article argues that the Constitution more faithfully supports another configuration of the waiver power. To do so, this Article introduces the proxy-sovereign framework, which assumes that (1) …
Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson
Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson
Scott Dodson
This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.
Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry
Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry
Pepperdine Law Review
This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of the …
Young Again, Larry Yackle
Young Again, Larry Yackle
Larry Yackle
This essay revisits an old problem in the law of federal courts: the source of the right of action in Ex parte Young. The Supreme Court’s 1908 decision in Young is primarily remembered for its treatment of state sovereign immunity. Yet the plaintiffs’ right of action (their entitlement to sue) presented an independent issue that has long been debated in academic circles. That question is again on the agenda inasmuch as Young figures in the current controversy about whether private litigants may routinely press preemption claims in federal court without explicit authorization from Congress. Proponents contend that preemption suits are …
The (Too) Long Arm Of The S.E.C.: When A Foreign Employee Of A U.S.-Based Multinational Financial Services Client Is Threatened With A Subpoena, Jonathan R. Law
The (Too) Long Arm Of The S.E.C.: When A Foreign Employee Of A U.S.-Based Multinational Financial Services Client Is Threatened With A Subpoena, Jonathan R. Law
Jonathan R Law
As businesses and financial institutions engage in transactions with increasingly international scope, U.S. regulatory agencies follow closely behind, investigating potential violations of the securities and exchange laws. Of all the investigative powers of the Securities and Exchange Commission, one of the more feared is the ability to issue administrative subpoenas and have them enforced by a Federal court. What is troubling, however, is the SEC’s recent foray into investigating possible misconduct across U.S. borders through subpoenaing foreign employees conducting business overseas. This article argues that in certain circumstances, the SEC does not have the authority to issue or enforce an …
Adr’S Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum
Adr’S Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum
Lydia R. Nussbaum
Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid unnecessary foreclosures than others. This article comprehensively examines the key …
Aedpa's Wrecks: Comity, Finality, And Federalism, Lee B. Kovarsky
Aedpa's Wrecks: Comity, Finality, And Federalism, Lee B. Kovarsky
Lee Kovarsky
Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism and Effective Death Penalty Act (AEDPA) should disfavor habeas relief. This Article explores the strange legislative history surrounding AEDPA's passage and the resulting problems in using 'comity, finality, and federalism' to express this interpretive mood. It demonstrates that such a simplistic reading of habeas reform is deeply misguided. Through the use of public choice and related models, the Article explores the roots of this interpretive problem. It ultimately rejects any attempt to characterize AEDPA by reference to legislative purpose.
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett
Louisiana Law Review
No abstract provided.
Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum
Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum
Lydia R. Nussbaum
Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid unnecessary foreclosures than others. This article comprehensively examines the key …
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
The Reality Of Eu-Conformity Review In France, Juscelino F. Colares
The Reality Of Eu-Conformity Review In France, Juscelino F. Colares
College of Law - Faculty Scholarship
French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes. These Courts' uniformly high rates of EU …