Jurisdiction | Open Access Articles | Digital Commons Network™

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

Cardozo Law Review

No abstract provided.

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Www.International_Shoe.Com: Analyzing Weber V. Jolly Hotel's Paradigm For Personal Jurisdiction In Cyberspace, Russell D. Shurtz

BYU Law Review

No abstract provided.

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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 …

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Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.

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Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey

Indiana Law Journal

No abstract provided.

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Bankruptcy Appeals And Equitable Mootness, Ross E. Elgart

Cardozo Law Review

No abstract provided.

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Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe

Michigan Telecommunications & Technology Law Review

Unfortunately, when the law confronts cyberspace the usual mode of analysis is analogy, asking not "What is cyberspace?" but "What is cyberspace like?" The answers are varied: a glorified telephone, a bookstore, a bulletin board. I propose that we look at cyberspace not in these prosaic terms, but rather through the lens of international law in order to give cyberspace meaning in our jurisprudence. The thesis of this paper is that there exists in international law a type of territory which I call "international space." Currently there are three such international spaces: Antarctica, outer space, and the high seas. For …

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What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi

Michigan Telecommunications & Technology Law Review

This essay explores the interaction between common law trademarks and the Internet--a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark's territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judicial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might …

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Law Of Nations In Cyberspace: Fashioning A Cause Of Action For The Supression Of Human Rights Reports On The Internet , Thomas Cochrane

Michigan Telecommunications & Technology Law Review

For nearly two decades, two U.S. statutes have provided redress to victims of human rights abuses: the Alien Tort Statute and the Torture Victim Protection Act. A handful of plaintiffs have recovered under these laws against foreign perpetrators of a narrow range of human rights violations. The growth and proliferation of communications technology raises important questions about how these statutes will be used in the future. Human rights activists have discovered that they can instantly communicate over the Internet with supporters and news media anywhere in the world. Repressive regimes have responded by attempting to restrict such communications. Could cutting …

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Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley

Federal Communications Law Journal

Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …

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

Cardozo Law Review

No abstract provided.

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Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter

Brigham Young University Journal of Public Law

No abstract provided.

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Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly

Federal Communications Law Journal

The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …

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Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for which …

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Interjurisdictional Preclusion, Howard M. Erichson

Michigan Law Review

Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. With great frequency, multiple lawsuits arise out of single or related transactions or events. Mass tort litigation and complex commercial litigation provide the most emphatic examples, but the phenomenon of multiple related lawsuits extends to every …

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Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

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The Reemergence Of The Sovereign Immunity Doctrine In Kentucky, Earl F. Hamm Jr.

Kentucky Law Journal

No abstract provided.

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Sherman Gets Judicial Authority To Go Global: Extraterritorial Jurisdictional Reach Of U.S. Antitrust Laws Are Expanded, 32 J. Marshall L. Rev. 141 (1998), Jennifer Quinn

UIC Law Review

No abstract provided.

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Extraterritoriality And Conflict-Of-Laws Theory: An Argument For Judicial Unilateralism, William S. Dodge

Faculty Scholarship

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Understanding The Presumption Against Extraterritoriality, William S. Dodge

Faculty Scholarship

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Charting No Man's Land: Applying Jurisdictional And Choice Of Law Doctrine To Interstate Compacts, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

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