Civil Procedure Commons^™

The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong

Faculty Publications

This article describes the device in detail, distinguishing it both practically and theoretically from methods used in other common law systems to establish jurisdiction, and discusses how recent US Supreme Court precedent provides international actors with the means of limiting or avoiding this potentially burdensome procedure.

Civilizing American Civil Justice: International Insights, James Maxeiner, Gyooho Lee, Armin Weber

All Faculty Scholarship

In 1776, when Americans declared independence from Britain, they also declared their rights. Their declarations of rights count “open courts” as among the best means for constitutional development. Open courts should secure to every man, without regard to wealth, a just remedy for every wrong suffered, according to the law of the land, by fair and speedy procedure.

Since 1776 Americans have invested heavily in creating open courts. They have been disappointed by returns that fall “far short of perfection” (Maurice Rosenberg). They have found reform to be an “unending effort to perfect the imperfect” (Jay Tidmarsh).

That Americans have …

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.

Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak

UIC Law Review

No abstract provided.

Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Personal Jurisdiction As A Defense To The Enforcement Of Foreign Arbitral Awards, Ronald R. Darbee

McGeorge Law Review

No abstract provided.

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

Law Publications

No abstract provided.

Switzerland, Samuel P. Baumgartner

Akron Law Faculty Publications

Switzerland has the traditional Austro-German representative association procedures. Debate on adoption of other models, given the opportunity of the introduction of a first federal Code of Civil Procedure, reveals considerable cautious conservatism toward reform.

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

All Faculty Scholarship

This paper addresses the importance of comparative legal methods for study of comparative procedure.

Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman

Undergraduate Theses and Capstone Projects

This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …

What Is The Definition Of An "Organ" Under The Foreign Sovereign Immunities Act?, Peter B. Rutledge

Scholarly Works

Did the court of appeals have jurisdiction to review the district court's remand order, notwithstanding 28 U.S.C. 1447(d)?

does a company wholly owned by a Canadian crown corporation -- that is itself wholly owned by the Canadian Province of British Columbia and that performs obligations and exercises rights of the Province pursuant to a treaty with the United States -- quality as an "organ" of a foreign state or political subdivision under the Foreign Sovereign Immunities Act?

Petitioner's Observations (February 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Case Selection In Three Supreme Courts: A Comparative Perspective, J. Randy Beck, Anna Nagaeva

Popular Media

This paper brings a comparative perspective to an important procedural issue faced in many judicial systems. It examines the exercise of the power of case selection in three supreme courts that have each been given some degree of control over whether to accept particular cases for review. The focus is on two American courts, the Supreme Court of the United States (USSC) and the Supreme Court of Georgia (GASC), as well as one Russian court, the Supreme Arbitrazh (Commercial) Court of the Russian Federation (SACRF).

Integrating Transnational Legal Perspectives Into The First Year Civil Procedure Curriculum, Helen Hershkoff

Journal of Legal Education

No abstract provided.

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

The Procedural Soft Law Of International Arbitration, William W. Park

Faculty Scholarship

The conference organizers set me the daunting task of exploring arbitration's “non-national instruments,” which is to say the guidelines of professional groups and non-governmental organizations related to evidence, conflicts of interest, ethics and the organization of arbitral proceedings. Frequently these procedural standards build on the lore of international dispute resolution as memorialized in articles, treatises and learned symposium papers. These guidelines represent what might be called “soft law,” in distinction to the harder norms imposed by arbitration statutes and treaties, as well as the procedural framework adopted by the parties through choice of pre-established arbitration rules.

The growth of procedural …

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Tnuva Co-Op V. Ministry Of Industry, Trade, And Employment, Yigal Mersel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The case concerns the question of once it was decided to order a party to pay costs, including attorney’s fees (hereinafter: costs), what is the standard for assessing the amount to be paid: whether “real” costs (that is costs expended by a party in actuality or that the party has committed to expend) or a different standard, such as reasonable expenses or minimal expenses. …

Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy

Villanova Law Review (1956 - )

No abstract provided.

Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep

UIC Law Review

No abstract provided.

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claims Act Liability, Lori Delaney

Northwestern Journal of International Law & Business

The Second and Ninth Circuit Courts have recently heard cases dealing with the application of the Alien Tort Claim Act (ATCA) against private, U.S. based multinational corporations (MNCs), and come to differing conclusions on the standards that should be used in applying this complicated law to suits by foreign nationals against U.S. based MNCs. The issue of private corporate liability under the ATCA was not definitively resolved by the Supreme Court in its recent decision in Sosa v. Alvarez-Machain , and thus the Circuits must continue to grapple with the application of the ATCA to U.S. based MNCs.

The Second …