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Articles 31 - 60 of 94
Full-Text Articles in Jurisdiction
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.
"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether
"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether
Cardozo Law Review
No abstract provided.
"By Some Other Means": Considering The Executive's Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman
"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 …
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
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
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
Agency Independence After Pcaob, Kevin M. Stack
Cardozo Law Review
No abstract provided.
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York, Michael A. Mcgarry Jr.
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York, Michael A. Mcgarry Jr.
Cardozo Law Review
No abstract provided.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Cardozo Law Review
No abstract provided.
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Cardozo Law Review
No abstract provided.
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
Cardozo Law Review
No abstract provided.
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Cardozo Law Review
No abstract provided.
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Cardozo Law Review
No abstract provided.
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Cardozo Law Review
No abstract provided.
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Cardozo Law Review
No abstract provided.
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
Cardozo Law Review
No abstract provided.
Legitimating Penal Law, Markus D. Dubber
Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction
Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction
Cardozo Law Review
No abstract provided.
The Limits Of Bankruptcy Code Preemption: Debt Discharge And Voidable Preference Reconsidered In Light Of Sherwood Partners, Alan J. Feld
The Limits Of Bankruptcy Code Preemption: Debt Discharge And Voidable Preference Reconsidered In Light Of Sherwood Partners, Alan J. Feld
Cardozo Law Review
No abstract provided.
Maryland's "Wal-Mart" Act: Policy And Preemption, Edward A. Zelinsky
Maryland's "Wal-Mart" Act: Policy And Preemption, Edward A. Zelinsky
Cardozo Law Review
No abstract provided.
The Economic Value Of Securities Regulation, Frank B. Cross, Robert A. Prentice
The Economic Value Of Securities Regulation, Frank B. Cross, Robert A. Prentice
Cardozo Law Review
No abstract provided.
Perpetuities Or Taxes? Explaining The Rise Of The Perpetual Trust, Max M. Schanzenbach, Robert H. Sitkoff
Perpetuities Or Taxes? Explaining The Rise Of The Perpetual Trust, Max M. Schanzenbach, Robert H. Sitkoff
Cardozo Law Review
By abolishing the Rule Against Perpetuities, twenty-one states have validated perpetual trusts. The prevailing view among scholars is that enactment of the generation skipping transfer (GST) tax in 1986 prompted the movement to abolish the Rule by conferring a salient tax advantage on long-term trusts. However, an alternate view holds that demand for perpetual trusts stems from donors' preference for control independent of tax considerations. Proponents of both views have adduced supporting anecdotal evidence. Using state-level panel data on trust assets prior to the adoption of the GST tax, we examine whether a state's abolition of the Rule gave the …
Remarks, Henry T. King Jr.
"Never Again" Promise Broken Again. Again. And Again., Kelly Dawn Askin
"Never Again" Promise Broken Again. Again. And Again., Kelly Dawn Askin
Cardozo Law Review
No abstract provided.
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin A. Collins
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin A. Collins
Cardozo Law Review
No abstract provided.
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Cardozo Law Review
How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …
Conceptualizing Yahoo! V. L.C.R.A.: Private Law, Constitutional Review, And International Conflict Of Laws, Ayelet Ben-Ezer, Ariel L. Bendor
Conceptualizing Yahoo! V. L.C.R.A.: Private Law, Constitutional Review, And International Conflict Of Laws, Ayelet Ben-Ezer, Ariel L. Bendor
Cardozo Law Review
No abstract provided.
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis
Cardozo Law Review
No abstract provided.
State Law Tort Claims And The Fda: Proposing A Consumer-Oriented Prescription In Medical Device Cases, Sasha B. Rieders
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.
Civil Rights Plaintiffs And John Doe Defendants: A Study In Section 1983 Procedure, Howard M. Wasserman
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
Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Cardozo Law Review
No abstract provided.