Jurisdiction Commons^™

The Forgotten Jurisprudential Debate: Catholic Legal Thought's Response To Legal Realism, John M. Breen, Lee J. Strang

Marquette Law Review

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The Federal Question In Patent-License Cases, Amelia Smith Rinehart

Indiana Law Journal

The patent law has long recognized a patent owner’s ability to license some interest in the patent by granting to others permission to tread upon the patent owner’s property rights without legal consequence. When one of the parties to a patent license decides to seek remedies from the other party for a license harm, the resulting litigation may be a patent-infringement case with a contract issue or a contract case with a patent issue. In most cases, the patent owner brings her suit against the licensee in federal court, alleging that the licensee breached the license contract and, as a …

Governing Law On Forum-Selection Agreements, Kevin M. Clermont

Cornell Law Faculty Publications

The task of determining which law governs a contractual choice-of-forum clause is an enigma to courts. The key to its solution lies at the very heart of the subject, where one encounters its most celebrated riddle: Which law governs when the parties have also agreed to a choice-of-law clause-that is, does a court first test the forum-selection clause under the law of the seised forum, or does one first look at the parties' choice of law to apply the chosen law to the forum-selection clause?

This chicken-or-egg mystery throws courts into contortions. Prior commentators have opted for the chosen law. …

Wild West Campus: A Discussion On Concealed Weapons And The College Campus, Luke W. Mcminn

Senior Honors Theses

This thesis reviews the recent history of gun-related violence on college campuses in relation to gun control laws and argues whether college campuses should allow students and teachers with Carrying a Concealed Weapon permits to carry these weapons on campus, or if such a policy would merely exacerbate the issue at hand. The purpose of this thesis is to show that such a policy is effective, safe, and overall a benefit to the campus atmosphere and experience. Important points considered include the legal history of carrying concealed weapons, the current policies of universities concerning students carrying concealed weapons, the opinions …

Atlantic Marine Through The Lens Of Erie, Adam N. Steinman

Faculty Scholarship

The Supreme Court's unanimous decision in Atlantic Marine clarified several things about the enforcement of forum-selection clauses in federal court. But something important was missing from Justice Alito's opinion — the Erie doctrine. Erie, of course, helps to determine the applicability of state law in federal court, and state law potentially has a lot to say about contractual forum-selection clauses. Indeed, Erie was front and center the last time the Court confronted the enforcement of forum-selection clauses in federal court, when it decided Stewart Organization v. Ricoh a quarter century ago.

This article for the Hastings Law Journal's symposium on …

A Comparative Analysis Of The Efficacy Of Bilateral Agreements In Resolving Disputes Between Sovereigns Arising From Extraterritorial Application Of Antitrust Law: The Australian Agreement, James W. King

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Sovereign Immunity - Whether United States Embassies Are Jurisdictional Territory Under The Non-Commercial Tort Exception Of The Foreign Sovereign Immunities Act, Jill M. Conley

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Sovereign Immunities Act - Immunity Exception Provisions Of § 1330(A) - Harris Corp. V. National Iranian Radio & Television, Melanie Howell

Georgia Journal of International & Comparative Law

No abstract provided.

Jurisdiction - The Supreme Court Upholds The Constitutionality Of The Jurisdictional Grant Of The Foreign Sovereign Immunities Act Over A Suit Between An Alien And A Foreign Sovereign In United States District Court, Stephen E. Farish

Georgia Journal of International & Comparative Law

No abstract provided.

The Jaffe Case And The Use Of International Kidnapping As An Alternative To Extradition, Wade A. Buser

Georgia Journal of International & Comparative Law

No abstract provided.

Territorial Waters - Agreement Providing For The Issuance Of International Licenses For Fishing Tuna In The Eastern Pacific Ocean - An Attempt At Uniformity In An Area Where Conflicting Jurisdictional Claims Have Created Tensions And Conflicts, Gary L. Carter

Georgia Journal of International & Comparative Law

No abstract provided.

Enforcement Of Foreign Arbitral Awards - The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, Susan P. Brown

Georgia Journal of International & Comparative Law

No abstract provided.

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1983, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt

Northwestern University Law Review

Since the early 1990s, the U.S. Circuit Courts of Appeals have been divided on how to determine the citizenship of dissolved or inactive corporations for the purposes of diversity jurisdiction. By the beginning of the twenty-first century, courts of appeals addressing the issue had settled on one of three conclusions: (1) citizenship should be determined only by the corporation’s state of incorporation; (2) citizenship should be determined both by the corporation’s state of incorporation and its last principal place of business; or (3) citizenship should always be determined by the corporation’s state of incorporation, but only be determined by principal …

Cases, Controversies, And Diversity, F. Andrew Hessick

Northwestern University Law Review

Article III’s diversity jurisdiction provisions extend the federal judicial power to state law controversies between different states or nations and their respective citizens. When exercising diversity jurisdiction, the federal judiciary does not function in its usual role of protecting federal interests or ensuring the uniformity of federal law. Instead, federal courts operate as alternative state courts for resolving disputes between diverse parties. But federal courts often cannot act as alternative state courts because of Article III justiciability doctrines such as standing, ripeness, and mootness. These doctrines define when a federal court may act. But they do not apply to state …

Removal Jurisdiction Over Mass Actions, Mallory A. Gitt

Washington Law Review

The mass action provision in the Class Action Fairness Act of 2005 provides a federal forum for certain state court litigation that resembles class actions but otherwise could not be removed. The provision is triggered when state court plaintiffs propose a joint trial of common legal or factual issues. But defining what constitutes that triggering event has proved difficult for federal courts. They have not used a uniform framework to determine when they have subject matter jurisdiction over the purported mass action, and have lacked a common interpretation of the statutory language to begin the inquiry. That lack of coherence …

A Tale Of Two Jurisdictions, Alan M. Trammell

Vanderbilt Law Review

The Supreme Court has recently clarified one corner of personal jurisdiction-a court's power to hale a defendant into court-and pointed the way toward a coherent theory of the rest of the doctrine. For nearly seventy years, the Court has embraced two theories of when jurisdiction over a defendant is permissible. The traditional theory, general jurisdiction, authorizes jurisdiction when there is a tight connection between the defendant and the forum. The modern theory, specific jurisdiction, focuses more on the connection between the lawsuit itself and the forum. Although the two theories should have developed in tandem, the doctrine has become a …

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.

Congress And The 1980 International Sales Convention, Peter Winship

Georgia Journal of International & Comparative Law

No abstract provided.

The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman

Northwestern University Law Review

No abstract provided.

A Foucauldian Call For The Archaeological Excavation Of Discourse In The Post-Boumediene Habeas Litigation, Jonathan David Shaub

Northwestern University Law Review

No abstract provided.

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.

Countervailing Duties: Court Of International Trade Determines That Countervailing Duty Law Is Applicable To Countries Having Nonmarket Economies. Continental Steel Corp. V. United States, 614 F. Supp. 548 (Ct. Int'l Trade 1985)., Susan L. Wallis

Georgia Journal of International & Comparative Law

No abstract provided.

Annual Survey Of Developments In International Trade Law: 1985, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.