Open Access. Powered by Scholars. Published by Universities.®

Jurisdiction Commons™

Open Access. Powered by Scholars. Published by Universities.®

Cardozo Law Review

Discipline
Keyword
Publication Year

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 Dec 2012

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 Aug 2012

"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 Jun 2012

"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 Oct 2011

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 Oct 2011

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 Jul 2011

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. Mar 2011

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 Jan 2011

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 Jun 2010

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 Apr 2010

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 Jun 2009

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 Mar 2009

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 Jan 2008

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 Oct 2007

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 Oct 2007

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 May 2007

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.


Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction Feb 2007

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 Dec 2006

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 Nov 2006

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 Oct 2006

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 Apr 2006

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. Feb 2006

Remarks, Henry T. King Jr.

Cardozo Law Review

No abstract provided.


"Never Again" Promise Broken Again. Again. And Again., Kelly Dawn Askin Feb 2006

"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 Apr 2005

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 Jan 2005

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 Aug 2004

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 Aug 2004

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 Feb 2004

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 Dec 2003

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 Nov 2003

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

Cardozo Law Review

No abstract provided.