Jurisdiction Commons^™

Framing Concurrent Jurisdiction Issues In The Self-Determination Era: Accepting The First Circuit's Analysis But Rejecting Its Application To Preserve Tribal Sovereignty, Nathaniel T. Haskins

American Indian Law Review

No abstract provided.

A Call For The End Of The Doctrine Of Realignment, Jacob S. Sherkow

Michigan Law Review

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment along with each of the present tests-encourages jurisdictional abuses by forcing the federal …

Justice Scalia’S “Renegade Jurisdiction”: Lessons For Patent Law Reform, Xuan-Thao Nguyen

Articles

Justice Scalia called the Eastern District of Texas ("EDTX") the "renegade jurisdiction." Critics label it the "rocket-docket" for patents. All blame it on the ills of patent litigation, demanding for national reform. This Article challenges the prevailing myths with an empirical quantitative study of more than 27,000 patent cases filed in the last decade and a qualitative study on patent forum shopping. This Article contends that the proposed venue reforms will not prevent litigants from shopping for a favorable forum in which to resolve patent litigations. This Article suggests that instead of the quick fixes vis-à-vis proposed venue reform legislation …

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Cardozo Journal of Equal Rights & Social Justice

The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.

Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin

Cardozo Law Review

No abstract provided.

Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earthisland Inst., No. 07-463 (U.S. June 27, 2008), Amanda Leiter

Amicus Briefs & Court Filings

No abstract provided.

A Truism With Attitude: The Tenth Amendment In Constitutional Context, Gary S. Lawson

Faculty Scholarship

The Tenth Amendment is caught in a crossfire hurricane. From one direction, it is dismissed as "but a truism"' with no significant constitutional function. From another direction, its unassuming language- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" 2-has inspired Byzantine doctrines concerning such matters as federal commandeering of state institutions,3 conditions on federal spending programs implemented by states,4 and federal regulation of state governmental institutions. 5 The Tenth Amendment thus appears to be either the constitutional equivalent of a …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …