Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (22)
- Courts (16)
- Other Law (15)
- Legislation (14)
- Comparative and Foreign Law (13)
-
- Law and Politics (13)
- State and Local Government Law (13)
- Constitutional Law (12)
- Transnational Law (12)
- Jurisprudence (10)
- Legal History (10)
- Litigation (10)
- Civil Procedure (9)
- Human Rights Law (9)
- Judges (9)
- Supreme Court of the United States (9)
- Administrative Law (8)
- Criminal Law (8)
- Internet Law (8)
- Conflict of Laws (7)
- Criminal Procedure (7)
- European Law (7)
- Law and Economics (7)
- National Security Law (7)
- Civil Law (6)
- International Trade Law (6)
- Law and Society (6)
- Legal Remedies (6)
- Keyword
-
- Chief Judge (2)
- Constitutional Convention (2)
- Dual Constitutionalism (2)
- Judge (2)
- Judith S. Kaye (2)
-
- Justice Brennan (2)
- New York (2)
- New York City Bar Association (2)
- New York Court of Appeals (2)
- Opportunity (2)
- Personal jurisdiction (2)
- Skadden (2)
- Women lawyers (2)
- ATA (1)
- Abkhazia (1)
- Administrative court (1)
- Administrative law judge (1)
- Administrative proceedings; Dodd-Frank; Securities Regulation; Chamber of Commerce; Fair enforcement; Admissibility of evidence; Hearsay; Discovery; Securities and Exchange Commission (SEC) Rules of Practice; Administrative guidelines; History of the SEC; Securities Exchange Acts of 1933 and 1934; Insider Trading Sanctions Act of 1984 (ITSA); Securities Fraud Enforcement Act of 1988 (ITSFEA); Securities Enforcement Remedies and Penny Stock Reform Act of 1990; Sarbanes-Oxley; Administrative Law Judges (ALJs); Statutory interpretation; Chevron deference; Forum selection; Administrative rulemaking; Code of Federal Regulations (CFR); CFR Rule 360; CFR Rule 233; CFR Rule 320; Pre-hearing length; Depositions (1)
- Adversarial system (1)
- Agency appeals (1)
- Agency determination (1)
- Algeria (1)
- And likeness; right of publicity; federal right of publicity; AI regulation; identifying characteristics; state law; state right of publicity laws; federal regulation of AI (1)
- And other municipalities; Chapter 9 reflief; Prior permission requirement for municipalities; Home state permission to file for Chapter 9 relief; U.S. Bankruptcy Court; Municipality constraint to filing Chapter 9; Availibility of bankruptcy relief for municipalities; municipalities struggling in the current economic climate; Why it is so difficult to file a Chapter 9 bankruptcy; Constitutional and structural impediments that prevent municipalities from filing; Construction of Chapter 9; U.S. Constitution violation; Chapter 9 repeal; Making bankruptcy available for municipalities in need of financial relief; Financial relief for municipalities (1)
- Angola (1)
- Anti-Terrorism Act (1)
- Arrest; Aut Dedere Aut Judicare; Call Center; Caller ID; Con Artist; Concurrent Jurisdiction; Conviction; COVID-19; Cryptocurrency; Customary International Law; Cybercrime; Employment; Extradition; Extraterritoriality; Financial Crime; Fraud; Government Imposter; Immigration; International Covenant on Civil and Political Rights; Internet; INTERPOL; Investment Scam; Jurisdiction; Law Enforcement; Lottery Scam; Mutual Legal Assistance Treaty; Passive Personality Principle; Phone Call; Prosecution; Robocalls; Scam; Scarcity Principle; Sovereignty; Tax Fraud Scam; Technical Support; Technical Support; Scam; Telephone Calls; Territoriality Principle; Utilitarianism; Victim; Voice Over Internet Protocol (1)
- Article III (1)
- Artificial Intelligence; AI; Pro se; Generative AI; Pro se litigation; Due process; Indigent; Matthews v. Eldrige; Litigation (1)
- Artificial intelligence; deep fakes; AI-generated media; voice (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 61
Full-Text Articles in Jurisdiction
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …
The Lost Story Of Notice And Personal Jurisdiction, Robin Effron
The Lost Story Of Notice And Personal Jurisdiction, Robin Effron
Faculty Scholarship
No abstract provided.
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World, Kristen B. Kennedy
Copyright Infringement In Sound Recording: How Courts And Legislatures Can Get In Vogue In A Post-Ciccone World, Kristen B. Kennedy
Journal of Law and Policy
Music sampling is a legally complex and ambiguous area, with staggeringly high costs attached for copyright infringers. The legality of sampling frequently depends upon what jurisdiction the inquiry into the sampling takes place in, and has been guided by inconsistently applied doctrines of fair use, de minimis, and copyright infringement. The Ninth Circuit’s decision in VMG Salsoul v. Ciccone has dramatically highlighted these inconsistencies. This note suggests a four-part solution to resolve the tensions in copyrightable sound recordings magnified by the recent circuit split created by VMG Salsoul v. Ciccone. It incorporates elements of de minimis and fair use, a …
Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back, Karina Vanhouten
Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back, Karina Vanhouten
Brooklyn Journal of International Law
This Note examines the English judiciary’s reluctance to fully accept marital agreements, and the disruptive effect this has in the global legal arena. In our increasingly international world, the fundamental events of family life—marriage, divorce, and death—often no longer occur in the same jurisdiction. In recent years, prospective divorcées from around the globe have flocked to England to take advantage of the country’s matrimonial law, which generally favors the party seeking to invalidate or minimize a marital agreement. This forum-shopping phenomenon is problematic because English courts regularly disregard foreign marital agreements that would be valid and binding in other jurisdictions, …
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
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 …
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …
Trade Secrets, Extraterritoriality, And Jurisdiction, Robin Effron
Trade Secrets, Extraterritoriality, And Jurisdiction, Robin Effron
Faculty Scholarship
No abstract provided.
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Patents Absent Adversaries, Sarah R. Wasserman Rajec
Brooklyn Law Review
The adversarial system is lauded for determining the truth of claims, safeguarding procedural rights, and supporting the efficient direction of resources toward the most relevant and contested issues in a dispute. If a case proceeded to judgment with participation from only one party, it would raise concerns of justice, efficiency, accuracy, and the public interest. And yet, in a tribunal of steadily growing importance for intellectual property disputes—the International Trade Commission (ITC or Commission)—certain cases proceed without the benefit of participation from adverse parties. Following the default of named parties, administrative law judges determine the scope and validity of patent …
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Psychological Harm And Constitutional Standing, Rachel Bayefsky
Psychological Harm And Constitutional Standing, Rachel Bayefsky
Brooklyn Law Review
When do psychological or emotional harms count as “injury-in-fact” for the purposes of satisfying Article III standing requirements, and when should they? Courts have wrestled with whether to grant standing, for example, to family members of a man killed by the police who argued that as relatives of the deceased, they had suffered emotional pain; members of an animal-welfare organization who claimed they had undergone “sleeplessness, depression, and anger” when they were unable to visit an elephant at the zoo; and members of a Catholic organization who challenged a city resolution criticizing the Catholic Church’s stance on adoption by same-sex …
Dissecting Hobby Lobby'S Corporate Person: A Procedural Proposal For Aligning Corporate Rights And Responsibilities, Andrew J. Fleming
Dissecting Hobby Lobby'S Corporate Person: A Procedural Proposal For Aligning Corporate Rights And Responsibilities, Andrew J. Fleming
Brooklyn Law Review
Over the years, the U.S. Supreme Court’s corporate personhood decisions have allowed for the corporation to become increasingly more “person-like” by recognizing corporate constitutional rights that were previously reserved for flesh-and-blood human beings. Yet in cases where the rights of corporations are evaluated, the Court’s analysis flows from an axiomatic conceptualization of the corporation as a static, theoretical being, as if plucked straight from a business organizations law school textbook. The result is a gulf between corporate rights as “persons” and corporate legal responsibilities. Nowhere is that gulf more evident than in the Court’s personal jurisdiction jurisprudence. In particular, this …
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
Theorizing Forms For Social Enterprise, Dana Brakman Reiser
Theorizing Forms For Social Enterprise, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Letting The Perfect Become The Enemy Of The Good: The Relatedness Problem In Personal Jurisdiction, Robin Effron
Letting The Perfect Become The Enemy Of The Good: The Relatedness Problem In Personal Jurisdiction, Robin Effron
Faculty Scholarship
No abstract provided.
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler
Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler
Faculty Scholarship
No abstract provided.
Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron
Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron
Faculty Scholarship
No abstract provided.
Reform Of Public Company Disclosure In Europa, Roberta S. Karmel
Reform Of Public Company Disclosure In Europa, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski
On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Faculty Scholarship
No abstract provided.
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
Faculty Scholarship
No abstract provided.
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Faculty Scholarship
No abstract provided.
To Where Does One Attach The Horses?, Aaron Twerski
To Where Does One Attach The Horses?, Aaron Twerski
Faculty Scholarship
No abstract provided.