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Articles 871 - 900 of 1315
Full-Text Articles in Courts
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Judicial Minimalism And The National Dialogue On Immigration: The Constitutional Avoidance Doctrine In Zadvydas V. Davis, Sanford G. Hooper
Washington and Lee Law Review
No abstract provided.
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
University of Arkansas at Little Rock Law Review
No abstract provided.
The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton
The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton
UIC Law Review
No abstract provided.
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
UIC Law Review
No abstract provided.
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
Michigan Journal of International Law
This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the …
Municipal Gone District: Jurisdiction In New Court Of First Resort, Vic Fleming
Municipal Gone District: Jurisdiction In New Court Of First Resort, Vic Fleming
University of Arkansas at Little Rock Law Review
No abstract provided.
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Seattle University Law Review
This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Vanderbilt Journal of Transnational Law
The federal circuit courts have disagreed concerning a fundamental issue of federal court jurisdiction: whether cases that may implicate or involve the "foreign relations" of the United States, but do not otherwise raise a more traditional "federal question" under federal law, may be removed from state courts to federal courts. This Note examines the cases that have created the split, and proposes two potential resolutions to it, one judicial and the other legislative.
The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray
The Supreme Court's Plenary Docket, Margaret Meriwether Cordray, Richard Cordray
Washington and Lee Law Review
No abstract provided.
Which Of The Preparatory Commission's Latest Proposals For The Definition Of The Crime Of Aggression And The Exercise Of Jurisdiction Should Be Adopted Into The Rome Statute Of The International Criminal Court?, Rachel Peirce
Brigham Young University Journal of Public Law
No abstract provided.
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
UIC Law Review
No abstract provided.
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Scholarly Articles
Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Publications
Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser
Publications
In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
The Effect Of The United States Supreme Court's Decisions During The Last Quarter Of The Nineteenth Century On Tribal Criminal Jurisdiction, Christopher B. Chaney
Brigham Young University Journal of Public Law
No abstract provided.
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Scholarly Works
This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Protecting Native Americans: The Tribe As Parens Patriae, Cami Fraser
Michigan Journal of Race and Law
This Note argues that Tribes have parens patriae standing to protect their citizens through litigation on their behalf, even if not all of their citizens are engaged in the litigation. Part I examines the current requirements of parens patriae standing, as articulated by the Supreme Court. Part II briefly examines the nature of tribal sovereignty within American jurisprudence and concludes that parens patriae standing is a retained right of the Tribes. Part III examines the way in which the Federal District Courts have incorrectly handled tribal parens patriae standing. This section argues for a reexamination of Supreme Court doctrine when …
Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein
Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein
Publications
No abstract provided.
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson
Michigan Law Review
In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Invading An Article Iii Court's Inherent Equitable Powers: Separation Of Powers And The Immediate Termination Provisions Of The Prison Litigation Reform Act, Theodore K. Cheng
Washington and Lee Law Review
No abstract provided.
Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann
Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann
Faculty Scholarship
I feel privileged to have been asked to be a commentator on the three principal papers in this symposium. These are three excellent papers, and although there has been some valuable commentary on the Rooker-Feldman doctrine, there will be no need to go beyond these papers to gain a full appreciation of the doctrine, its applications, and its problems, which run as deep as the problems of any doctrine.
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
Vanderbilt Law Review
Recent years have witnessed a modest but expanding Supreme Court effort to return the national government to its structural first principles.' Foremost among these is that federal power, although vast, is neither inherent nor unbounded, but consists only of that granted by the Constitution. In 1998, the Court remained steadfast to this precept, thwarting yet another attempt by a federal branch to exceed its limited and enumerated constitutional powers. This time, however, the perpetrator was none other than the Article IH judiciary itself. In Steel Co. v. Citizens for a Better Environment, the Court formally denounced the federal court practice …