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2012

Jurisdiction

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Institution
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Articles 1 - 30 of 45

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 Dec 2012

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 …


Determining Diversity Jurisdiction Of National Banks After Wachovia Bank V. Schmidt, Michael Podolsky Dec 2012

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 Dec 2012

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 Nov 2012

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 Nov 2012

Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms

Pepperdine Law Review

No abstract provided.


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 Nov 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

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 Oct 2012

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 Oct 2012

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 …


Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry Aug 2012

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 …


Love, Loyalty And The Louisiana Civil Code: Rules, Standards And Hybrid Discretion In A Mixed Jurisdiction, John A. Lovett Aug 2012

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.


Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet Jul 2012

Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet

Pepperdine Law Review

No abstract provided.


The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos Jul 2012

The Ftca V. The Tucker Act: When Is A Tort Claim In Substance A Breach Of Contract Claim For Jurisdictional Purposes?, Gregory Boulos

University of Miami Law Review

No abstract provided.


Class Actions Under Cafa And Parens Patriae Actions: West Virginia Ex Rel. Mcgraw V. Cvs Pharmacy, Inc., Marshall P. Walker Jul 2012

Class Actions Under Cafa And Parens Patriae Actions: West Virginia Ex Rel. Mcgraw V. Cvs Pharmacy, Inc., Marshall P. Walker

South Carolina Law Review

No abstract provided.


The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo Jul 2012

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …


The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne Jul 2012

The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne

University of Miami Business Law Review

The U.S. Supreme Court's 2009 decision in Ashcroft v. Iqbal placed a squeeze on the once touted liberal Federal Rules of Civil Procedure by requiring judges to consider the veracity of potential plaintiffs' federal claims in light of Iqbal's new heightened pleading standard. This article examines post-Iqbal pleading standards across United States jurisdictions and argues that states should exert caution before choosing to adopt Iqbal's new "plausibility" standard, and if they elect to modify their pleading standards in light of the Iqbal decision, they should also carefully contemplate their method of adoption.


Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert Jun 2012

Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert

Chicago-Kent Law Review

Flast v. Cohen held that federal taxpayers have standing to challenge government spending for religion. While Frothingham v. Mellon generally prohibits taxpayer standing in federal courts, the Court reasoned that the Establishment Clause specifically prohibits taxation in any amount to fund unconstitutional religious spending. For several decades Flast has been settled law that supplied jurisdiction in many leading establishment cases. But Hein v. Freedom from Religion Foundation, Inc. and Arizona Christian School Tuition Organization v. Winn signal that Flast may soon be overruled. This jurisdictional ferment raises two questions: Why this sudden shift? And what does it signify for the …


Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger May 2012

Traveling To The Hague In A Worn-Out Shoe, Friedrich K. Juenger

Pepperdine Law Review

No abstract provided.


A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis Apr 2012

A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis

Pepperdine Law Review

No abstract provided.


First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic Apr 2012

First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic

Pepperdine Dispute Resolution Law Journal

In 1995, the United States Supreme Court in First Options of Chicago, Incorporated v. Kaplan considered whether arbitral tribunals or courts should have the primary power to decide if parties agreed to arbitrate the merits of the dispute and whether the court of appeals should accept the district court's findings of fact and law or apply a de novo standard of review. The Court unanimously held that, unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitral tribunal. Furthermore, in such a case, …


Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman Apr 2012

Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman

South Carolina Law Review

No abstract provided.


The Meaning Of Essentially At Home In Goodyear Dunlop, Allan Stein Apr 2012

The Meaning Of Essentially At Home In Goodyear Dunlop, Allan Stein

South Carolina Law Review

No abstract provided.


The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman Apr 2012

The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman

South Carolina Law Review

No abstract provided.


Mi Casa Es Su Casa: Enterprise Theory And General Jurisdiction Over Foreign Corporations After Goodyear Dunlop Tires Operations, S.A. V. Brown, Collyn A. Peddie Apr 2012

Mi Casa Es Su Casa: Enterprise Theory And General Jurisdiction Over Foreign Corporations After Goodyear Dunlop Tires Operations, S.A. V. Brown, Collyn A. Peddie

South Carolina Law Review

No abstract provided.


The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith Apr 2012

The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith

South Carolina Law Review

No abstract provided.


Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz Apr 2012

Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz

South Carolina Law Review

No abstract provided.


The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro, Rodger Daniel Citron Apr 2012

The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro, Rodger Daniel Citron

South Carolina Law Review

No abstract provided.