Jurisdiction Commons^™

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon

Theses and Dissertations

This thesis examines the detention of suspected ISIS affiliates and their family members held in facilities administered by the Kurdish-led authorities in North-East Syria. Thousands of foreign nationals remain detained without trial, without repatriation, and in conditions widely criticized as inhumane. Existing scholarship and political discourse often describe these facilities as legal voids, limbo, or black holes where law has broken down or ceased to apply. This thesis challenges that characterization. Rather than existing outside the law, the facilities are governed through overlapping frameworks of international humanitarian law, international human rights law, counterterrorism security resolutions, and domestic laws. I argue …

الموضع والمستحدث في المحاكمات المدنية, يوسف جبران

Proche-Orient, Études juridiques

No abstract provided.

Exequatur Des Jugements Étrangers Et Protection Des Dispositions Impératives Du Droit Du For, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.

Joinder’S Diversity Asymmetry, Jason J. Jarvis

Fordham Law Review

In federal diversity cases, plaintiffs are barred from joining nondiverse supplemental parties or claims under 28 U.S.C. § 1367(b). Defendants, however, can expand the case without the same restriction. Section 1367(b) codified the U.S. Supreme Court’s concern in Owen Equipment & Erection Co. v. Kroger: Plaintiffs might so prefer federal court that they would “sneak” nondiverse parties in by hiding them until after diversity jurisdiction is established, only then springing them on unsuspecting courts and defendants. This Article challenges the justification for that asymmetry in three ways.

First, it explores the history of the asymmetry, starting with how joinder …

Royal Canin And The Jurisdiction It Left Behind: The Class Action Fairness Act, Nicole Brosnan

Fordham Law Review

Royal Canin U.S.A., Inc. v. Wullschleger created waves in the federal litigation world by setting forth a new rule, declaring that a plaintiff’s amendment of a complaint following removal is capable of destroying federal jurisdiction. Prior to this case, courts generally followed the “time-of-filing rule” by which federal jurisdiction attached at the time of removal. The U.S. Supreme Court was clear that this rule applies to federal claim jurisdiction under 28 U.S.C. § 1331, but the Court remained generally silent on its application to jurisdiction under the Class Action Fairness Act.

This Note explores this lack of clarity and proposes …

Crossing The Toll Bridge: American Pipe And The Fate Of State Law Claims After Class Certification Denial In Federal Court, Alexander Schnur

Fordham Law Review

Rule 23(c)(1)(A) of the Federal Rules of Civil Procedure (FRCP) provides that, “At an early practicable time after a person sues . . . as a class representative, the court must determine by order whether to certify the action as a class action.” In American Pipe & Construction Co. v. Utah, the U.S. Supreme Court addressed the interplay of this FRCP 23(c)(1)(A) class certification decision and statutes of limitations, holding that the commencement of a putative class action suspends the statute of limitations for putative class members while class certification is pending. Over the last fifty years, the American …

Incidental Jurisdiction, Mark Moller

Texas A&M Law Review

Federal courts have incidental, or implied, powers. On this, there is general agreement among originalist researchers. But there is also wide consensus that, whatever incidental powers Article III courts enjoy, these powers do not include incidental subject matter jurisdiction. Article III must confer federal subject matter jurisdiction expressly.

The conventional wisdom against incidental jurisdiction, though, is entirely unexamined. It is also wrong as an original matter. This Article presents new evidence that the express terms of Article III did not cash out the scope of federal subject matter jurisdiction. The outer boundaries of subject matter jurisdiction were defined, instead, by …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Point De Départ Du Délai Du Recours Pour Excès De Pouvoir À La Suite D'Une Déclaration D'Utilité Publique En Droit Libanais, Elias Haswany

Proche-Orient, Études juridiques

No abstract provided.

Les « Bureaux De La Fraternité Arabe » Et La Convention De Vienne Sur Les Relations Diplomatiques, Nabil Maamari

Proche-Orient, Études juridiques

No abstract provided.

Problèmes Soulevés Au Liban Par La Garde Des Enfants Nés D'Époux De Communautés Ou De Nationalités Différentes, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.

Les Conflits De Lois En Matière D’Effets De Commerce, Richard Chemaly

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Les Clauses Attributives De Compétence Et Les Clauses Compromissoires En Droit International Privé Libanais, Nasri Antoine Diab

Proche-Orient, Études juridiques

No abstract provided.

Les Effets Du Jugement Étranger Invoqué Indépendamment De L'Exequatur, Abdo Ghossoub

Proche-Orient, Études juridiques

No abstract provided.

Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia

Northwestern University Law Review

Today, venue is generally treated as secondary to jurisdiction: statutory, waivable, and concerned with where litigation should proceed, rather than whether it should proceed at all. Yet the courts of appeals remain split over a basic question of federal venue procedure: who bears the burden of proof when a defendant moves to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3)? Though seemingly technical, in practice, burden allocation can determine whether a suit survives.

This Note offers the first historically grounded approach to resolving Rule 12(b)(3)’s burden allocation problem and argues that the circuit majority approach rests on …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González

Seattle University Law Review

This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.

Most of the Survey cases involve the Washington …

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer

Nevada Supreme Court Summaries

Under NRCP 12(g)(2), additional motions for dismissal may not be filed unless for lack of subject-matter jurisdiction or the arguments were preserved at initial filing. Subject-matter jurisdiction is determined at the onset of a proceeding.

Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs.

The objective of this study is as follows:

•             To shed light …

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Abortion (Re)Federalization, Gerald S. Dickinson

Utah Law Review

 This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

La Résolution Des Conflits Positifs De Nationalités En Droit International Privé Libanais, Lina Charbel

Proche-Orient, Études juridiques

No abstract provided.