Jurisdiction Commons^™

State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders

Cardozo Law Review

No abstract provided.

The Rehnquist Court And Administrative Law, Michael Herz

Articles

No abstract provided.

Legislative Supremacy: Myth Or Reality?, James Oakes

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Civil Rights Plaintiffs And John Doe Defendants: A Study In Section 1983 Procedure, Howard M. Wasserman

Cardozo Law Review

No abstract provided.

Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam

Cardozo Law Review

No abstract provided.

State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart

Cardozo Law Review

No abstract provided.

Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P., Stewart E. Sterk

Cardozo Law Review

No abstract provided.

Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky

Articles

The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.

I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Articles

No abstract provided.

O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld

Articles

No abstract provided.

The Folly Of Federalism, Frank B. Cross

Cardozo Law Review

No abstract provided.

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

Nine Shibboleths Of The New Federalism, Marci A. Hamilton

Articles

No abstract provided.

"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman

Cardozo Journal of International and Comparative Law

Through analysis of two recent cases, one Israeli and one British, this article advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as the prohibition against torture, enforced through transnational adjudication. More specifically, this article suggests that deliberation between the three branches of government, central to the concept of constitutional democracy, is not confined to the boundaries of the nation-state; rather, the development of jus cogens norms coupled with universal jurisdiction in domestic courts ensures that such deliberation crosses national jurisdictions. This development allows, for example, for domestic courts to review, and be reviewed by, foreign …

Extraterritorial Merger Regulation: Policies, Problems And A Proposal Explored Through The Planned Dow Chemical And Union Carbide Merger, Stacy L. Eberhart

Cardozo Journal of International and Comparative Law

The note examines the inefficiencies of the current dual merger regulation system between the U.S. and EU, particularly in cases involving large corporations like Dow Chemical and Union Carbide. It argues that the similar approval processes of both jurisdictions lead to redundant filings and wasted resources. The note proposes a reformed system where mergers are primarily regulated by the jurisdiction where the companies are incorporated, with joint regulation only in specific circumstances, such as significant market impact or monopolies.

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.

Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton

Articles

The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Muddy Rules For Cyberspace, Dan L. Burk

Cardozo Law Review

Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These efforts have been justified on the grounds that clear property rights are necessary to allow efficient allocation of intellectual property between private parties.

However, these rationales ignore the literature regarding the efficiency of unclear or "muddy" property entitlements. Where transaction costs of private bargaining are high, muddy rules will tend to force parties into informal bargaining transactions. Transaction costs on the …

Letters Of Credit, Voidable Preferences, And The "Independence" Principle, David G. Carlson, William H. Widen

Articles

The article challenges the traditional application of the independence principle in letters of credit within bankruptcy law, arguing that courts have misapplied this principle, leading to rulings that unfairly protect creditors. The authors propose treating the issuance of a letter of credit as a transfer of the debtor's property, making it subject to voidable preference rules under federal bankruptcy law. They advocate for a reinterpretation of the earmarking doctrine and suggest legislative action to clarify the treatment of letters of credit in bankruptcy, ensuring fairness and consistency in the legal framework.

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.

Delegation And Democracy: A Reply To My Critics, David Schoenbrod

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

Accountability And Restraint: The Federal Budget Process And The Line Item Veto Act, Elizabeth Garrett

Cardozo Law Review

No abstract provided.

Defusing New York's 120-Day Time Bomb: The Meaning Of New C.P.L.R. 306-B, Brian A. Waldbaum

Cardozo Law Review

No abstract provided.

The Financial Underside To The Holocaust Litigation, Robert A. Swift

Cardozo Law Review

No abstract provided.

The Alien Tort Claims Act And The Foreign Sovereign Immunities Act: A Policy Solution, Marc Rosen

Cardozo Journal of International and Comparative Law

The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a …

Bankruptcy Appeals And Equitable Mootness, Ross E. Elgart

Cardozo Law Review

No abstract provided.

Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon

Cardozo Law Review

No abstract provided.