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Jurisdiction Commons™

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New York Law School

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Articles 1 - 30 of 39

Full-Text Articles in Jurisdiction

Returning To The Start? Federal Bipa Claims After Transunion V. Ramirez, Michael Goodyear Jan 2022

Returning To The Start? Federal Bipa Claims After Transunion V. Ramirez, Michael Goodyear

Articles & Chapters

The Illinois Biometric Information Privacy Act, more commonly known as “BIPA,” was the first statute to protect biometric privacy in the United States when it was passed in 2008. Although Texas and Washington have since passed their own biometric privacy laws, and other states have protected biometric information as part of more general data privacy legislation, BIPA remains the most powerful such law in the country due to being the only biometric privacy law to contain a private right of action. BIPA has also proven to be an important precedent for other states, such as New York, that are currently …


Judicial Externships, Mariana Hogan, Michael Roffer Jan 2016

Judicial Externships, Mariana Hogan, Michael Roffer

Articles & Chapters

No abstract provided.


What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht Jan 2015

What Are The Article Iii Limits To Bankruptcy Court Jurisdiction, And Can Parties Consent To Expanded Jurisdiction: Wellness International Network V. Sharif (13-935), Marshall E. Tracht

Articles & Chapters

No abstract provided.


American Academy Of Religion V. Napolitano, Margaret Laufman Jan 2011

American Academy Of Religion V. Napolitano, Margaret Laufman

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Natallia Krauchuk Jan 2010

Estate Of Pew V. Cardarelli, Natallia Krauchuk

NYLS Law Review

No abstract provided.


A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow Jan 2009

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow

Articles & Chapters

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment-along with each of the present tests-encourages jurisdictional abuses by forcing the federal courts to …


Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont Jan 2009

Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


Estate Of Pew V. Cardarelli, Rachel Bell Jan 2009

Estate Of Pew V. Cardarelli, Rachel Bell

NYLS Law Review

No abstract provided.


Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher Jan 2008

Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher

NYLS Law Review

No abstract provided.


Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein Jan 2008

Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein

NYLS Law Review

No abstract provided.


Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz Jan 2006

Back To Back To The Future? Lessons Learned From Litigation Over The 1996 Restrictions On Judicial Review, Nancy Morawetz

NYLS Law Review

No abstract provided.


On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman Jan 2006

On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman

NYLS Law Review

No abstract provided.


The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom Jan 2006

The Better Part Of Valor: The Real Id Act, Discretion, And The “Rule” Of Immigration Law, Daniel Kanstroom

NYLS Law Review

No abstract provided.


Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain Jan 2006

Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain

NYLS Law Review

No abstract provided.


Does A Computer's Choice Of Where To Reside Implicate The Dormant Commerce Clause?, Robert J. Firestone Jan 2005

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

NYLS Law Review

No abstract provided.


Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick Jan 2005

Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick

NYLS Law Review

No abstract provided.


Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait Jan 2005

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56 Mar 2004

Compagnie Noga D'Importation V. Russian Federation, 361 F. 3d 676 - Court Of Appeals, 2nd Circuit 2004, Roger J. Miner '56

Circuit Court Opinions

In these consolidated appeals, we are confronted with the issue of whether a foreign arbitration award can be confirmed and enforced against a sovereign nation where the arbitration agreement was signed by an organ of that nation's central government and where that organ — and not the nation itself — participated in the underlying arbitration proceedings. Specifically, plaintiff-appellant Compagnie Noga D'Importation et D'Exportation S.A. ("Noga") sought to confirm and enforce a Swedish arbitration award against defendant-appellee Russian Federation. The 678*678 Russian Federation opposed confirmation principally on the ground that it was a party to neither the arbitration agreement nor …


Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56 Oct 2003

Us V. Pimentel, 346 F. 3d 285 - Court Of Appeals, 2nd Circuit 2003, Roger J. Miner '56

Circuit Court Opinions

These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the "Defendants") were tried by a jury and convicted in the United States District Court for the Eastern District of New York (Johnson, J.). The Defendants were charged with violations of various federal laws, including the Violent Crimes in Aid of Racketeering ("VCAR") statute, 18 U.S.C. § 1959. VCAR provides for the federal prosecution of violent crime "when those allegedly responsible participated …


Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer Jan 2003

Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer

NYLS Law Review

No abstract provided.


Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2003

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

NYLS Law Review

No abstract provided.


Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Feb 1999

Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.


Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler Jan 1999

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Secret Testimony And Public Trials In New York, Randolph N. Jonakait Jan 1998

Secret Testimony And Public Trials In New York, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Considering Copyright Crimes, Roger J. Miner '56 Jan 1995

Considering Copyright Crimes, Roger J. Miner '56

Criminal Law

No abstract provided.


One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56 Jan 1991

One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


State Crime In The Federal Forum, Roger J. Miner '56 Jan 1990

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.


Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56 Jan 1989

Remarks To Litigation Department, Cahill, Gordon & Reindel, Roger J. Miner '56

Law Practice

No abstract provided.


Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56 Jan 1988

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei Jan 1988

Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei

NYLS Journal of International and Comparative Law

No abstract provided.