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Jurisdiction Commons™

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2003

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 53 of 53

Full-Text Articles in Jurisdiction

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.


Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston Jan 2003

Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston

UIC Law Review

No abstract provided.


Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek Jan 2003

Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek

UIC Law Review

No abstract provided.


Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.


Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt Jan 2003

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt

Michigan Journal of International Law

This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …


Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young Jan 2003

Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young

Faculty Scholarship

reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (2002)


An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge Jan 2003

An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge

Faculty Scholarship

No abstract provided.


Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant Jan 2003

Essay: Jurisdiction In Family Law Matters: The Minnesota Perspective, Robert E. Oliphant

William Mitchell Law Review

This article adds to the growing library of analysis and commentary on Minnesota family law. It surveys, reviews, analyzes, and comments on the decisions of Minnesota's appellate courts in the sometimes challenging and always interesting areas of subject matter and personal jurisdiction. The article examines many of the more common issues associated with jurisdiction that impact Minnesota family law in the areas of child support, custody, property division, maintenance, and paternity. It investigates the jurisdictional questions involved when applying Minnesota's long-arm statute and weighs the potential constitutional barriers to its application. It also examines relevant provisions of the Parental Kidnapping …


The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker Jan 2003

The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker

Articles & Book Chapters

The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.


Citations To Authority By The Arkansas Appellate Courts, 1950-2000, A. Michael Beaird Jan 2003

Citations To Authority By The Arkansas Appellate Courts, 1950-2000, A. Michael Beaird

University of Arkansas at Little Rock Law Review

No abstract provided.


Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet Jan 2003

Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet

Michigan Journal of International Law

This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.


Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison Jan 2003

Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison

Cleveland State Law Review

This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …


Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer Jan 2003

Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer

NYLS Law Review

No abstract provided.


Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2003

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

NYLS Law Review

No abstract provided.


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan Jan 2003

Is Citizen Suit Notice Jurisdictional And Why Does It Matter?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

The question of whether notice is jurisdictional or not has important ramifications for citizen suit litigation. The characterization of the notice requirement as “jurisdictional” implicates the proper procedure for raising notice objections, the means of curing notice defects, the question of waiver of notice objections, and the timing of raising notice objections. This article will conduct a brief review of the case law concerning the jurisdictional nature (or not) of the notice requirement, a consideration of the as-yet unnoticed impact of Steel Co. on the issue, and a discussion of the procedural and litigation ramifications of characterizing the notice element …


The Dubious Concept Of Jurisdiction, Evan Tsen Lee Jan 2003

The Dubious Concept Of Jurisdiction, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer Jan 2003

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandra Zellmer

Publications

No abstract provided.


Multilateral Management As A Fair Solution To The Spratly Disputes, Wei Cui Jan 2003

Multilateral Management As A Fair Solution To The Spratly Disputes, Wei Cui

All Faculty Publications

The Spratlys are a scattered group of islands in the South China Sea over which China, the Philippines, Vietnam, Malaysia, and Brunei have made conflicting jurisdictional claims. Although there has been significant academic discussion of this dispute, the Author argues that much of it is hampered by a discourse obsessed with the regional balance of power and security-related strategies that are only tenuously related to each nation's specific legal claims in the Spratlys. In this Article, the Author suggests that a more productive approach to the Spratly disputes is one focused on finding a solution that is fair to all …


Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant Jan 2003

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Villanova Law Review (1956 - )

No abstract provided.


Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton Jan 2003

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 Jan 2003

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

Articles

No abstract provided.