Jurisdiction Commons^™

High Federalism: Marijuana Legalization And The Limits Of Federal Power To Regulate States, David S. Schwartz

Cardozo Law Review

The conflict between state marijuana legalization and the blanket federal marijuana prohibition of the Controlled Substances Act (CSA) has created a federalism crisis in which the duties of state officials to adhere to state or federal law are unclear. Current federalism doctrine cannot even tell us whether or not a local police officer who encounters a person in state-authorized possession of marijuana must arrest the person and seize the marijuana. The two most clearly applicable federalism doctrines - the Tenth Amendment anti-commmandeering doctrine and federal preemption of state law under the Supremacy Clause - offer only unsatisfactory answers. Anti-commandeering doctrine …

Federal Banks And Federal Jurisdiction In The Progressive Era, Larry Yackle

Faculty Scholarship

This is a case study of the Supreme Court’s classic decision in Smith v. K.C. Title & Trust Co. A stockholder challenged the constitutionality of the Farm Loan Act of 1916, which authorized federal banks to issue tax-exempt bonds to raise funds for loans to farmers. The case is best known for its holding that a federal court could entertain the suit because it arose “under the Constitution” and for Justice Holmes’ argument, in dissent, that federal jurisdiction was not established because state law created the “cause of action.”

This study is the first to go beyond the jurisdictional issue …

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley

Georgia Journal of International & Comparative Law

No abstract provided.

Distinct Sources Of Law And Distinct Doctrines: Federal Jurisdiction And Prudential Standing, William James Goodling

Washington Law Review

Federal courts are courts of limited jurisdiction. Their jurisdiction is limited by subject-matter jurisdiction, personal jurisdiction, and, to an uncertain extent, standing. While it is well established that Article III standing is jurisdictional, the federal circuit courts are divided on whether judge-made prudential standing is jurisdictional, and the Supreme Court has not directly weighed in. The jurisdictional status of a doctrine has two important procedural consequences. First, litigants cannot forfeit a defense for lack of jurisdiction, meaning that such a defense can be raised for the first time on appeal. Second, federal courts have a sua sponte obligation to ensure …

Treating Juveniles Like Juveniles: Getting Rid Of Transfer And Expanded Adult Court Jurisdiction, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and decreases public safety, transfer should be abolished. It also argues that the diminished culpability rationale that has had much-deserved success at eliminating the juvenile death penalty and mandatory life without parole for juveniles is not likely to have a major impact on the much more prevalent practices of transferring mid- and older-adolescents to adult court and expanding adult court jurisdiction to adolescents; neither the law …

Is The Invocation Of Inherent Jurisdiction The Same As The Exercise Of Inherent Powers? Re Nalpon Zero Geraldo Mario [Case Note], Siyuan Chen

Research Collection Yong Pung How School Of Law

In Re McC (A Minor), Lord Bridge of Harwich remarked that few words have been ‘used with so many different shades of meaning in different contexts’ and ‘have so freely acquired new meanings’ as the word ‘jurisdiction’. The definitional conundrum deepens when ‘jurisdiction’ is combined with the adjective ‘inherent,’ yet common law courts around the world routinely claim to invoke inherent jurisdiction for a wide array of purposes in civil and criminal matters, ranging from the reception of evidence to the ensuring of a fair trial, and this necessarily raises questions about the limits of such an exercise.

Torturous Transfers: Examining Detainee Habeas Jurisdiction For Nonremoval Challenges And Deference To Diplomatic Assurances , Kristin E. Slawter

Washington and Lee Law Review

No abstract provided.

The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen

Research Collection Yong Pung How School Of Law

In yet another attempt to bridge the gap between the rules of an antiquated statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence. While new provisions were introduced to act as a check against abuse, oddly some similar fact provisions were left intact. This paper explains why the 2012 amendments have rendered the future of these enactments very uncertain. This paper also suggests a number of tentative recommendations as regards future legislative change or judicial interpretation. To the extent that Singapore’s Evidence Act was …

China Msa’S Supervision Power On Pollution Prevention From Ships In Different Water Areas Under Unclos Framework, Penghao Zhou

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On The Legal And Practical Issues With Respect Of Port State Control Regiem, Yu Ding

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Interagency Litigation And Article Iii, Joseph Mead

All Maxine Goodman Levin School of Urban Affairs Publications

Agencies of the United States often find themselves on opposite sides of the "v." in disputes ranging from alleged unfair labor practices in federal agencies to competing statutory interpretations to run-of-the mill squabbles over money. Yet Article III's case-or-controversy requirement includes—at a minimum—adverse parties and standing. Courts have disagreed with one another over the extent to which litigation between the sovereign and itself meets Article III standards. Despite the volume of scholarship on Article III standing, relatively little attention has been paid to Article III's requirement of adverse parties in general, or the justiciability of intrabranch litigation in particular. Looking …

Kryptonite For Cafa?, Adam N. Steinman

Faculty Scholarship

This essay — for the Review of Litigation’s symposium issue on the Class Action Fairness Act (CAFA) and accompanying panel at the 2013 annual meeting of the Association of American Law Schools — explores the tension between CAFA and the Erie doctrine. CAFA was designed to expand federal diversity jurisdiction over high-stakes state-law class actions and, thereby, allow federal judges to decide class certification pursuant to federal law. The Erie doctrine, by contrast, aims to discourage vertical forum shopping by requiring federal courts hearing state-law claims to follow state law. Put the two together, and the result could be that …

Erie's International Effect: A Reply, Donald Earl Childress Iii

NULR Online

No abstract provided.

Health Exchange Federalism: Striking The Balance Between State Flexibility And Consumer Protection In Aca Implementation, Sam Solomon

Cardozo Law Review

No abstract provided.

Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic

Touro Law Review

No abstract provided.

The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan

Pepperdine Law Review

No abstract provided.

Application Of The Abstention Doctrine To Inverse Condemnation Actions In Federal Court , John T. Harris

Pepperdine Law Review

No abstract provided.

Management's Right To Resort To Injunctive Relief And Self-Help In Order To Prevent Trespassory Union Activity: An Examination Of May Department Stores Co. V. Teamsters Union Local No. 743, Frank J. D'Oro Jr

Pepperdine Law Review

No abstract provided.

The Constitutional Authority Giving Our Appellate Courts Jurisdiction Of Fact Should Be Repealed, William E. Crawford

Louisiana Law Review

The article discusses the constitutional authority granting appellate courts in Louisiana the jurisdiction to review the record of a civil jury trial as well as to issue its own judgment contrary to the verdict of the jury. It presents several cases in which jury decisions were reversed including Brewer v. J.B. Hunt Transport, Inc., Menard v. Lafayette Insurance Company, and Fontenot v. Patterson.

Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller

Pepperdine Law Review

In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Civil Procedure—Be More Specific: Vague Precedents And The Differing Standards By Which To Apply “Arises Out Of Or Relates To” In The Test For Specific Personal Jurisdiction, Ryne H. Ballou

University of Arkansas at Little Rock Law Review

No abstract provided.

Removal Reform: A Solution For Federal Question Jurisdiction, Forum Shopping, And Duplicative State-Federal Litigation, Martha A. Field

Indiana Law Journal

Federal court procedural, especially jurisdictional ones, need to be governed by clear, effective, and fair rules. Yet twentieth century doctrines and reforms, even when made in the name of pragmatism, have produced decidedly unpragmatic results: a vague and disputed doctrine of federal question jurisdiction that excludes from federal court many cases where federal law controls the outcome, rules that facilitate forum shopping by plaintiffs and make it impossible to predict in advance what law will apply to decide one’s case, and the stunning waste of a system in which the exact same issues are simultaneously litigated in state and federal …

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

IP Theory

No abstract provided.

A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye

IP Theory

No abstract provided.