Law Commons^™

Subsidiarity And Competition: Decentralized Enforcement Of Eu Competition Laws, Roger P. Alford

Journal Articles

The purpose of this article is to examine how the European Union has applied, and potentially will apply, the principle of subsidiarity in the enforcement of EU competition laws. This article thus focuses on how the Union envisages national court participation in the application and enforcement of EU competition laws rather than how, in practice, Member State courts have exercised their concurrent jurisdiction in enforcing Articles 85 and 86. Part One provides a brief introduction to EU competition law enforcement and examines two recent decisions by the Court of Justice and the Court of First Instance clarifying the relationship between …

A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel

Touro Law Review

No abstract provided.

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz

Articles

No abstract provided.

The Left-For-Dead Fiction Of Corporate "Presence": Is It Revived By Burnham?, Steven Mathew Wald

Louisiana Law Review

No abstract provided.

Removal, Remands, And Reforming Federal Appellate Review, Michael E. Solimine

Missouri Law Review

That the Supreme Court of necessity largely leaves law development to the federal appellate courts, and state courts, is not particularly noteworthy. Such circumstances, however, make it important for students of federal jurisdiction not to be fixated on Supreme Court decisions, to the exclusion of lower court opinions. This article focuses on lower court interpretation of one statute circumscribing the jurisdiction of the federal appellate courts. Section 1447(d) of the Judicial Code states that an order of a district court remanding a case to a state court from which it was removed "is not reviewable on appeal or otherwise."' Despite …

The 1992 Georgia Tort Claims Act, David J. Maleski

Georgia State University Law Review

No abstract provided.

A Comprehensive Theory Of Protective Jurisdiction: The Missing "Ingredient" Of "Arising Under" Jurisdiction, Loretta Shaw

Fordham Law Review

No abstract provided.

Book Review, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Reviewing, Gary B. Born & David Westin, International Civil Litigation in the United States Courts (1992) (with Jack L. Goldsmith)

State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber

Indiana Law Journal

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …

Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.

World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota

US Government Documents Related to Indigenous Nations

This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

The Aftermath Of Burnham V. Superior Court: A New Rule Of Transient Jurisdiction, Christine M. Daleidon

Santa Clara Law Review

No abstract provided.

Business Associations: 1992 Survey Of Florida Law, Leslie Larkin Cooney

Nova Law Review

This article discusses decisions by Florida courts during the survey period of June 1991 - June 1992 which impact business associations.

The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford

Journal Articles

This Arti­cle compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Arti­cle highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and ana­lyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article pro­vides a background to the subject by briefly outlining the traditional bases of …

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi

Cardozo Law Review

No abstract provided.

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.

Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips

Journal of Dispute Resolution

The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.