Jurisdiction Commons^™

What's Love Got To Do With It? The Value Of Celebrity Status In Divorce Proceedings, Shanice Naidu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Grid Governance: The Role Of A National Network Coordinator, Ashira Pelman Ostrow

Cardozo Law Review

Mounting concerns over the security and reliability of the grid have prompted many to question the grid's state-centered regulatory framework. Today, the federal government regulates interstate transmission, while the states exercise exclusive authority over intrastate distribution, generation, and transmission siting. In an interconnected system, however, each state's energy policies and infrastructure investments inevitably affect operations and costs throughout the entire network. The ongoing physical, financial, and technological integration of the interstate electric power network portends a growing federal role in coordinating intrastate infrastructure policy.

This Article conceptualizes the federal role in grid governance as that of a "National Network Coordinator." …

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

Unequal Protection Under The Law: Why Fda Should Use Negotiated Rulemaking To Reform The Regulation Of Generic Drugs, Marie Boyd

Cardozo Law Review

The duty to ensure the safety of drug products, through adequate warnings or other means, should ultimately rest with the drug's manufacturer regardless of whether the drug is a generic drug or a brand-name drug. Recent U.S. Supreme Court holdings, however, suggest that while the manufacturer of a brand-name drug is always responsible for its label's content, this is not the case for generic drugs. In addition, by holding that failure-to-warn claims against generic drug manufacturers based on state law are preempted, the Court has removed the protections and compensation that state tort law can provide consumers of generic drugs …

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.

High Federalism: Marijuana Legalization And The Limits Of Federal Power To Regulate States, David S. Schwartz

Cardozo Law Review

The conflict between state marijuana legalization and the blanket federal marijuana prohibition of the Controlled Substances Act (CSA) has created a federalism crisis in which the duties of state officials to adhere to state or federal law are unclear. Current federalism doctrine cannot even tell us whether or not a local police officer who encounters a person in state-authorized possession of marijuana must arrest the person and seize the marijuana. The two most clearly applicable federalism doctrines - the Tenth Amendment anti-commmandeering doctrine and federal preemption of state law under the Supremacy Clause - offer only unsatisfactory answers. Anti-commandeering doctrine …

Health Exchange Federalism: Striking The Balance Between State Flexibility And Consumer Protection In Aca Implementation, Sam Solomon

Cardozo Law Review

No abstract provided.

The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour

Cardozo Journal of International and Comparative Law

The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.

Personal Jurisdiction And Choice Of Law, Stewart E. Sterk

Articles

The article critiques the Supreme Court's recent personal jurisdiction decisions for failing to provide a clear doctrinal framework, arguing that the Court has oscillated between prioritizing state sovereignty and individual liberty without adequately balancing these interests. The author contends that personal jurisdiction doctrine must evolve to address the complexities of modern, interconnected commerce while protecting both state regulatory power and defendants' reliance interests. The analysis emphasizes the need for a coherent approach that integrates fairness, foreseeability, and sovereign authority in jurisdictional determinations.

The International Criminal Court Ten Years Later: Appraisal And Prospects, Joseph M. Isanga

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in achieving its objectives of deterrence, retribution, and ending impunity, primarily due to slow procedures, lack of state cooperation, and perceptions of bias. While the ICC has made qualitative contributions to international criminal law, its effectiveness is undermined by procedural inefficiencies, political interference, and limited enforcement mechanisms. The court's reliance on the complementarity principle and state cooperation highlights the tension between its judicial and political roles, with its future success contingent on addressing these systemic issues.

Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.

Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson

Articles

In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …

California Dreaming: The California Secure Choice Retirement Savings Trust Act, Edward A. Zelinsky

Articles

Half of American workers are not covered by employer-sponsored retirement arrangements. The recently passed California Secure Choice Retirement Savings Trust Act seeks to solve this problem by mandating retirement savings arrangements for California employers, coupled with a public investment vehicle for investing these private retirement savings. The Act is important because of California’s size and status as a trendsetter for other states.

This Article is the first to examine the important legal questions the Act raises under the Internal Revenue Code and ERISA. Contrary to the drafters’ intent, the savings accounts authorized under the Act do not qualify as individual …

A New Paradigm: Domicile As The Exclusive Basis For The Exercise Of General Jurisdiction Over Individual Defendants, Emily Eng

Cardozo Law Review

No abstract provided.

Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky

Articles

This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …

"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether

Cardozo Law Review

No abstract provided.

Forums For International Economic Adjudication: Threads In Fragments, Francis N. Botchway

Cardozo Journal of International and Comparative Law

The article challenges the notion of fragmentation in international law, arguing that the proliferation of international adjudicatory bodies, such as the ICJ, WTO DSB, and ECJ, does not lead to fragmentation but instead fosters integration and coherence in international jurisprudence. It highlights the alignment of procedures, shared sources of law, and interpretative approaches among these bodies, demonstrating that institutional diversity enhances efficiency and enriches international law rather than causing discord. The article emphasizes the role of these institutions in addressing complex legal issues, ensuring legal certainty, and promoting transparency and inclusivity in global dispute resolution.

The Playground Bully Has Gone Digital: The Dangers Of Cyberbullying, The First Amendment Implications, And The Necessary Responses, Jamie Wolf

Cardozo Public Law, Policy & Ethics Journal

The note argues that cyberbullying has evolved into a significant issue in the digital age, requiring a reevaluation of First Amendment protections and legislative responses. It critiques the current legal framework, particularly the Tinker v. Des Moines standard, for failing to adequately address off-campus speech that impacts the school environment. The author advocates for a balanced approach that protects victims while ensuring due process, emphasizing the need for comprehensive statutes and proactive measures by schools and parents.

"By Some Other Means": Considering The Executive's Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman

Cardozo Law Review

The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States's human rights treaty commitments, with the federal government retaining ultimate responsibility. While the federal government's responsibility is clear, its options for fostering and facilitating subnational compliance have not been fully explicated. The United States's human rights treaty ratification practices and recent Supreme Court jurisprudence primarily constrain the executive's ability to compel state and local compliance without congressional authorization. In the absence of such congressional action, the …

Using Principles And Policies Of Maritime Arbitration To Guide Responsible Parties In Oil Spill Claims Resolution, Lucy Martucci

Cardozo Journal of Conflict Resolution

This Note will: 1) provide an introduction to maritime arbitration, 2) discuss an example of a challenged arbitration award in the maritime context, 3) provide a background on OPA 90 and the National Pollution Funds Center ("NPFC"), 4) discuss the claims procedure under OPA 90, 5) discuss an example of a challenged NPFC decision, 6) discuss the problems with the GCCF, and 7) propose amendments to OPA 90. This Note will argue that in order to avoid the complex litigation that ultimately dissolved the GCCF, with the goals of cost efficiency, speed and fairness in mind, amendments to OPA 90 …

Can Equitable Estoppel Be Used As An Effective Way For A Legal Parent To Obtain Child Support For The Children Of A Separated Same-Sex Couple?, Josh Smolow

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Region Codes And The Territorial Mess, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson

Articles

Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …

Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky

Cardozo Law Review

No abstract provided.

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Cardozo Law Review

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …

Agency Independence After Pcaob, Kevin M. Stack

Cardozo Law Review

No abstract provided.

Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky

Articles

The United States' worldwide taxation of its citizens is less different from international, residence-based norms than is widely believed and is sensible as a matter of tax policy. An individual's citizenship is an administrable, if sometimes overly broad, proxy for his domicile, his permanent home. Both citizenship and domicile measure an individual's permanent allegiance rather than his immediate physical presence. Because citizenship and domicile resemble each other, and because other nations often define residence for tax purposes as domicile, the U.S. system of citizenship-based taxation typically reaches the same results as the residence-based systems of these other nations, but reaches …

Reparations For Displaced Torture Victims, Kathryn Metcalf

Cardozo Journal of International and Comparative Law

The note argues that universal civil jurisdiction is a necessary and viable legal framework to ensure reparations for displaced torture victims, despite challenges such as state immunity and political concerns. It advocates for states to adopt measures like the proposed UK Torture Damages Bill to provide victims with a consistent and reliable path to justice, emphasizing the moral and legal imperative to uphold international prohibitions on torture.