Law Commons^™

For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser

University of Richmond Law Review

No abstract provided.

As A Matter Of Fact, No: Appellate Jurisdiction To Review Denials Of Deferral Of Removal Under The Convention Against Torture, Sarah M. Vogt

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks

Publications

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …

The Court Jurisdiction And Proceedings Transfer Act And The Hague Conference’S Judgments And Jurisdiction Projects, Joost Blom

All Faculty Publications

The Court Jurisdiction and Proceedings Transfer Act (CJPTA) codifies the substantive law of jurisdiction in British Columbia, Nova Scotia and Saskatchewan. One of the questions that may be posed by the future of the CJPTA is how the jurisdictional system that it enacts would function in relation to two potential international conventions that are contemplated by the Hague Conference on Private International Law. One, a convention on the enforcement of judgments, is in an advanced stage of negotiation and may well be adopted by the Hague Conference. It deals with jurisdiction indirectly, by defining jurisdictional standards or “filters” that must …

When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley

Scholarly Works

Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal …

Access To Data Across Borders: The Critical Role For Congress To Play Now, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.

If We Don’T Bring Them To Court, The Terrorists Will Have Won: Reinvigorating The Anti-Terrorist Act And General Jurisdiction In A Post-Daimler Era, Stephen J. Digregoria

Brooklyn Law Review

Prior to the Supreme Court's recent general personal jurisdiction decisions in Daimler AG v. Bauman and Goodyear Dunlop Tires Operations S.A. v. Brown American terror victims, injured in terror attacks abroad, were able to bring their attackers and those who sponsor them into United States courts for relief. Specifically, groups like the Palestine Liberation Organization (the PLO) and the Palestinian Authority (the PA) had a history of being sued by American victims of terror. In the course of these suits, the PLO and the PA were regularly found subject to the personal jurisdiction of U.S. courts under a theory of …

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …

The Long-Arm Of The Law: South Carolina's Long-Arm Statute And The Internet, Harry Lowenstein, Carla F. Grabert-Lowenstein

South Carolina Law Review

No abstract provided.

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …

Brief Of Amici Curiae - 56 Professors Of Law And Economics In Support Of Petition For Writ Of Certiorari In Tc Heartland Llc V. Kraft Foods Group Brands Llc, No. 16-341, Colleen V. Chien, Mark Lemley, Brian Love, Arti K. Rai

Historical and Topical Legal Documents

28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant …

The Russian Federation And The Arctic Sunrise Case: Hot Pursuit And Other Issues Under The Losc, Alex G. Oude Elferink

International Law Studies

The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides …

Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh

Barry Law Review

No abstract provided.

Waiving Jurisdiction, Jessica Berch

Pace Law Review

This Article explains why courts treat subject-matter jurisdiction as sacrosanct, demonstrates why this reaction is unwarranted, and advocates that, in cases like Kroger, a defect in the district court’s subject-matter jurisdiction should be deemed waived if not raised before trial begins or any adjudication is made on the merits.

This Article proceeds in four parts. Part I briefly reviews why the current system of strong rhetoric, riddled with myriad exceptions, is cumbersome, confusing, and unnecessary. Part II examines other structural constitutional doctrines that courts have nonetheless deemed waivable: mootness, sovereign immunity, and territorial conceptions of personal jurisdiction. In …

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …

The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley

Scholarly Works

The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia’s superior courts is not as demanding as the preliminary injunction standard in Georgia’s federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia’s courts; the moving party need not prove all four of …

Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum

Articles

As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …

Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason

Catholic University Law Review

As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and investigating the ITC’s …

Emulsified Property, Jessica A. Shoemaker

Pepperdine Law Review

The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

From The Editors, Margaret Y. K. Woo, Jeremy R. Paul

Journal of Legal Education

No abstract provided.

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.

Prosecuting Child Soldiers: The Call For An International Minimum Age Of Criminal Responsibility, Brittany Ursini

St. John's Law Review

(Excerpt)

This Note discusses the current state of international law on the MACR and proposes a solution that balances the protection of child soldiers with the rights of the victims harmed by their unlawful conduct. Part I of this Note provides a brief background of child soldiers and closely examines the relevant international law addressing the criminal responsibility of child soldiers. Part II illustrates the deficiencies of current international law and describes how the deficiencies affect and contribute to the competing arguments regarding a MACR. Part III discusses the need for an international MACR. Finally, Part IV proposes an international …

Putting The "Remedy" Back In The International Child Abduction Remedies Act - Enforcing Visitation Rights For The Left Behind Parent, Nicole Clark

St. John's Law Review

(Excerpt)

This Note argues that the Second Circuit’s approach is more consistent with the aims of the Hague Convention and the needs of children than the Fourth Circuit’s approach and that ICARA does confer jurisdiction upon federal courts to adjudicate claims for the enforcement of visitation rights under the Hague Convention. Part I discusses the background of the Hague Convention and ICARA and how visitation rights fit into each. Part II discusses the split between the Fourth Circuit and the Second Circuit regarding whether ICARA confers jurisdiction upon federal courts over claims for the enforcement of visitation rights. It further …

Effects Of International Judgments Relating To Awards, Maxi Scherer

Pepperdine Law Review

This Article looks at those judgments relating to international arbitral awards (award judgments) and, more precisely, at their extraterritorial effects. It analyzes whether an award judgment rendered in one jurisdiction has effects in other jurisdictions. For instance, if the award has been set aside6 in country A, does the set-aside judgment have effects on enforcement proceedings in country B? Similarly, if country C refuses to enforce an award on the basis that the tribunal has no jurisdiction, does this have a preclusive effect on enforcement proceedings pending in country D? These questions have been addressed in a number of recent …

Gateway-Schmateway: An Exchange Between George Bermann And Alan Rau, George Bermann, Alan Scott Rau

Pepperdine Law Review

No abstract provided.

The Knottiest Problem: Unraveling Arising Under Jurisdiction In Copyright Cases, Zoe Niesel, Bethany A. Corbin

Faculty Articles

No abstract provided.

Against Data Exceptionalism, Andrew Keane Woods

Law Faculty Scholarly Articles

One of the great regulatory challenges of the Internet era—indeed, one of today's most pressing privacy questions—is how to define the limits of government access to personal data stored in the cloud. This is particularly true today because the cloud has gone global, raising a number of questions about the proper reach of one state's authority over cloud-based data. The prevailing response to these questions by scholars, practitioners, and major Internet companies like Google and Facebook has been to argue that data is different. Data is “unterritorial,” they argue, and therefore incompatible with existing territorial notions of jurisdiction. This Article …