Jurisdiction Commons^™

Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan

Federal Communications Law Journal

With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …

Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale

UIC Law Review

No abstract provided.

Unconstitutional Courses, Frederic M. Bloom

Publications

By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.

But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …

Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone

NYLS Law Review

No abstract provided.

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Articles

The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill

UIC Law Review

No abstract provided.

Retaliation Against Third Parties: A Potential Loophole In Title Vii's Discrimination Protection, 37 J. Marshall L. Rev. 1313 (2004), Anita G. Schausten

UIC Law Review

No abstract provided.

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald

UIC Law Review

No abstract provided.

Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet

UIC Law Review

No abstract provided.

Petitioner's Brief, Richard B. Collins

Publications

No abstract provided.

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley

Scholarly Works

Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

NYLS Law Review

No abstract provided.

Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren

UIC Law Review

No abstract provided.

Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article explores the political influence of government-sponsored enterprises (GSEs). Using Congress's overhaul of the regulatory infrastructure for Fannie Mae and Freddie Mac as a case study, the article presents two principal findings: (1) The characteristics that distinguish government-sponsored enterprises from traditional government agencies and private companies endow Fannie Mae and Freddie Mac with unique political resources; and (2) the alignment of interest groups around Fannie Mae and Freddie Mac is subject to strategic manipulation by the GSEs. A triangular model of this alignment is proposed and employed to analyze the legislative outcome. The case has implications for students of …

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.

Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King

Federal Communications Law Journal

Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …

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

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, …

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …

Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.

Michigan Law Review

In discussions about American federalism, it is common to speak of a "state government" as if it were a black box, an individual speaking with a single voice. State governments are, of course, no such thing. Rather, a "state" actually incorporates a bundle of different subdivisions, branches, and agencies controlled by politicians who often compete with each other for electoral success and governmental power. In particular, these institutions compete with each other for the power to control federal funds and implement federal programs. This article explores one aspect of this intrastate competition - the extent to which federal law can …

Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis

UIC Law Review

No abstract provided.

Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris

UIC Law Review

No abstract provided.

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.