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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
UIC Law Review
No abstract provided.
Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston
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
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
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
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
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
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
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
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
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
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
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
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
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
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
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
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
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
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
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
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
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
O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld
Articles
No abstract provided.