Jurisdiction Commons^™

United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom

Seattle University Law Review

Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.

Immigration, Repatriation, Asylum - The President Can Order The Repatriation Of Haitian Aliens Picked Up In International Waters Without A Determination As To Their Status As Refugees. Sale V. Haitian Centers Council, Inc., 113 S. Ct. 2549 (1993)., Austin E. Carter

Georgia Journal of International & Comparative Law

No abstract provided.

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.

Genocide Treaty - Ethnic Cleansing - Substantive And Procedural Hurdles In The Application Of The Genocide Convention To Alleged Crimes In The Former Yugoslavia, John Webb

Georgia Journal of International & Comparative Law

No abstract provided.

An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez

Georgia Journal of International & Comparative Law

No abstract provided.

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay

Georgia Journal of International & Comparative Law

No abstract provided.

A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden

Georgia Journal of International & Comparative Law

No abstract provided.

Brief For Respondent. United States V. Wong, 134 S.Ct. 2873 (2014) (No. 13-1074), 2014 Wl 5804278, Eric Schnapper, Tom Steenson, Beth Creighton, Michael Rose

Court Briefs

QUESTIONS PRESENTED

1. Is the six-month limit on filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), jurisdictional?

2. If the six-month limit for filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), is not jurisdictional, is it subject to equitable tolling?

In Search Of The Probate Exception, James E. Pfander, Michael J.T. Downey

Vanderbilt Law Review

As a limit on the power of Article III courts, the probate exception has surely earned its place in the old curiosity shop of federal jurisdictional law. Dating from the early nineteenth century, the exception has been said to derive from various sources, including the lack of federal jurisdiction over ecclesiastical matters, the "law" and "equity" limits of Article III, and the structure of our federal government. The Supreme Court's 2006 decision in Marshall v. Marshall sought to clarify matters, but lower courts continue to debate the breadth of the exception. In this Article, we go in search of the …

Strange Bedfellows: The Federal Constitution, Out-Of-State Nongrantor Accumulation Trusts, And The Complete Avoidance Of State Income Taxation, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

With the maximum rate of federal income tax at 39.6 percent, the Medicare surtax on investment income of 3.8 percent, and some state income tax rates exceeding 9 percent, taxpayers in the highest brackets have been seeking to develop strategies to lessen the tax burden. One strategy that has been receiving increased attention is the use of a highly specialized trust known as the NING, a Nevada incomplete gift nongrantor trust, which eliminates state income taxation of investment income altogether without generating additional federal income or transfer taxes. A major obstacle standing in the way of accomplishing this objective, however, …

To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed

Georgia Journal of International & Comparative Law

No abstract provided.

Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Solving Jurisdiction's Social Cost, Dustin E. Buehler

Washington Law Review

Federal court subject-matter jurisdiction rules incur a significant social cost—when jurisdiction is found lacking, courts must dismiss, no matter how many years and resources the parties have spent on the case. Indeed, hundreds of belated jurisdictional dismissals occur each year after parties have already engaged in discovery, dispositive motions, or even trial. Federal judges tolerate this waste largely because they view nonwaivable jurisdictional rules as a function of structural values rooted in the Constitution, rather than efficiency concerns. In contrast, scholars tend to focus primarily on efficiency arguments while discussing jurisdictional nonwaivability, de-emphasizing important structural interests. Both theories are overly …

Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt

Marquette Law Review

Supreme Court Justices exercise wide discretion when hiring law clerks. The Justices are constrained only by the pool of qualified applicants and by norms of the institution, such as that beginning with Chief Justice Burger’s tenure in 1969 90% of clerks have previously served a clerkship with a federal judge. Previous work finds that ideology structures hiring decisions at the individual clerk level; however, these analyses fail to account for the fact that a Justice hires several clerks each Term—he seeks a winning team, not just a single all-star. Hiring decisions are structuring decisions in which one of a Justice’s …

Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor

Georgia Journal of International & Comparative Law

No abstract provided.

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.

Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet

Georgia Journal of International & Comparative Law

No abstract provided.

Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani

Georgia Journal of International & Comparative Law

No abstract provided.