Jurisdiction Commons^™

Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones

Court Briefs

No abstract provided.

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Publications

No abstract provided.

National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern

University of Miami International and Comparative Law Review

This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …

Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos

UNLV Gaming Law Journal

In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.

Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich

The Journal of Appellate Practice and Process

No abstract provided.

Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky

Cardozo Law Review

No abstract provided.

Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala

Faculty Scholarship

No abstract provided.

The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer

Faculty Publications

Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …

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 …

Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley

Michigan Journal of International Law

The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …

The Repressible Myth Of Shady Grove, Kevin M. Clermont

Cornell Law Faculty Publications

This Article untangles the effects of the Supreme Court's latest word on the Erie doctrine, by taking the vantage point of a lower court trying to uncover the logical implications of the Court's new pronouncement. First, Shady Grove lightly confirms the limited role of constitutional constraints. Second, it sheds only a little light on judicial choice-of-law methodology. Third, by contrast, it does considerably clarify the conflict between Federal Rules and state law: if a Rule regulates procedure, then it is valid and applicable without exception in all federal cases, to the extent of its coverage; in determining the Rule's coverage, …

Agency Independence After Pcaob, Kevin M. Stack

Cardozo Law Review

No abstract provided.

Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer

Seattle University Law Review

Gambling enthusiasts in Washington may be dismayed to learn that while it is legal to place a wager at one of the numerous brick-and-mortar casinos located in the state, placing the same wager over the Internet is a crime. This result arises from a 2006 amendment to Washington Revised Code 9.46.240 (the Gambling Act), which effectively bans individuals from placing bets or wagers over the Internet from Washington. In addition to prohibiting bets made by individuals, the law also prohibits Internet gambling businesses from receiving bets placed by individuals in Washington—even if those gambling businesses operate far from the state’s …

Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy

Seattle University Law Review

In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …

State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder

NULR Online

No abstract provided.

Food Entrepreneurs And Food Safety Regulation, Nina W. Tarr

Journal of Food Law & Policy

It is a bucolic scene: local food growers and producers chatting with consumers who come back each week to participate in a direct and continuing conversation about food with someone they know, and to engage in commerce. This illusion of simplicity masks the ever-growing morass of conflicting, complicated, and expensive regulatory oversight that undermines the local food movement by creating barriers between producers and consumers. Those creating and implementing food policy in the United States are facing a fundamental dilemma of how to reconcile the local food movement with regulations designed to address concerns about food safety.

This article will …

United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …

Israel's Supreme Court Appellate Jurisdiction: An Empirical Study, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Cornell Law Faculty Publications

This Essay reports the results of an empirical study of the Israel Supreme Court (ISC). It covers the outcomes of 3,562 cases (as of this writing), all decided in 2006 and 2007, and describes the cases by subject area, litigant-pair characteristics, and source of jurisdiction - mandatory or discretionary. In mandatory-jurisdiction cases ending with clear affirmances or reversals, the ISC affirmed lower court rulings in about 75% of district court criminal case appeals and about 67% of district court civil case appeals. In discretionary- jurisdiction cases, the ISC rarely granted review. It agreed to review about 6 % of petitions …

Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky

Articles

The United States' worldwide taxation of its citizens is less different from international, residence-based norms than is widely believed and is sensible as a matter of tax policy. An individual's citizenship is an administrable, if sometimes overly broad, proxy for his domicile, his permanent home. Both citizenship and domicile measure an individual's permanent allegiance rather than his immediate physical presence. Because citizenship and domicile resemble each other, and because other nations often define residence for tax purposes as domicile, the U.S. system of citizenship-based taxation typically reaches the same results as the residence-based systems of these other nations, but reaches …

Name Calling On The Internet: The Problems Faced By Victims Of Defamatory Content In Cyberspace, Sarudzai Chitsa

Cornell Law School Inter-University Graduate Student Conference Papers

In the past decade or so, internet libel has become one of the hot topics in internet law. Internationally, courts have dealt with an enormous amount of cases brought by both the suppliers and consumers of the internet services. Although the advent of the World Wide Web has come with many legal problems; this paper will only focus at the problems that are being faced by the victims of defamatory speech on the internet in trying to seek compensation through the courts. These problems include, inter alia, the reluctance of the courts in unmasking the identity of the authors of …

Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer

UNLV Gaming Law Journal

The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …

Reparations For Displaced Torture Victims, Kathryn Metcalf

Cardozo Journal of International and Comparative Law

The note argues that universal civil jurisdiction is a necessary and viable legal framework to ensure reparations for displaced torture victims, despite challenges such as state immunity and political concerns. It advocates for states to adopt measures like the proposed UK Torture Damages Bill to provide victims with a consistent and reliable path to justice, emphasizing the moral and legal imperative to uphold international prohibitions on torture.

Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts, James Fantau

Cardozo Journal of International and Comparative Law

The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.

Assessing The State Of State Constitutionalism, Jim Rossi

Vanderbilt Law School Faculty Publications

State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s welcome new book, The Law of American State Constitutions (Oxford University Press, 2009). After summarizing the content of Williams’s book, it discusses the normative significance of his work, focusing especially on his discussion of independent state constitutions and the positive theory of interpretation he advances. The essay concludes by highlighting some areas where the field of state constitutional law is in need of further advancement, including research that positions state constitutions within …

"Arise Out Of" Or "Related To": Textualism And Understanding Precedent Through Interpretatio Objectificata, "Objectified Interpretation"—A Four Step Process To Resolve Jurisdiction Questions Utilizing The Third Circuit Test In O’Connor As A Uniform Standard, Victor N. Metallo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Girl Next Door: A Comparative Approach To Prostitution Laws And Sex Trafficking Victim Identification Within The Prostitution Industry, Gail M. Deady

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Law Day Oral Argument Session 5th District Court Of Appeal, 2011, Honorable Kerry I. Evander, Presiding Judge, Honorable Jay P. Cohen, Honorable Bruce W. Jacobus

Law Day Presentations

As part of the fifth annual Law Day event, a three judge panel from the Florida Fifth District Court of Appeal is hearing appellate oral arguments in the FAMU College of Law Ceremonial Moot Courtroom. The first arguments are regarding evidence and jury instruction issues; the second case involves real property, mortgages and liens, as well as jurisdiction issues; the final arguments are regarding juror non-disclosure. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter

Georgia Journal of Public Policy

Crime policy is subject to the policy process just like other governmental policies.  An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city.  Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback.  The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work.  The success of that police work relative to the reported crime first depends on whether the …

The Complexities Of Judicial Takings, D. Benjamin Barros

University of Richmond Law Review

No abstract provided.

The Complexity Of Jurisdictional Clarity, Scott Dodson

Faculty Publications

The ideal of clear and simple jurisdictional rules seems like a no-brainer. Clarity in areas of subject-matter jurisdiction generally reduces the cost of litigating those issues and thus preserves litigant and judicial resources for the merits of a dispute. As a result, scholars and justices regularly promote the rhetoric of jurisdictional clarity. Yet no one has probed that rhetoric or reconciled it with the reality of subject-matter jurisdiction doctrine, which is anything but clear and simple. This Article begins to fill that gap, and, in the process, shifts the perspective of existing conversations between rules and standards and between mandates …