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Articles 1501 - 1530 of 4322

Full-Text Articles in Jurisdiction

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter Feb 2013

Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter

Pepperdine Law Review

Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …


(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier Feb 2013

(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark Feb 2013

General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark

William & Mary Law Review

No abstract provided.


A Critical Guide To Erie Railroad Co. V. Tompkins, Caleb Nelson Feb 2013

A Critical Guide To Erie Railroad Co. V. Tompkins, Caleb Nelson

William & Mary Law Review

No abstract provided.


Can Erie Survive As Federal Common Law?, Craig Green Feb 2013

Can Erie Survive As Federal Common Law?, Craig Green

William & Mary Law Review

No abstract provided.


The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes, Abbe R. Gluck Feb 2013

The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes, Abbe R. Gluck

William & Mary Law Review

No abstract provided.


Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer Feb 2013

Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer

William & Mary Law Review

No abstract provided.


Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt Feb 2013

Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt

William & Mary Law Review

No abstract provided.


Law's Dark Matter, Michael S. Green Feb 2013

Law's Dark Matter, Michael S. Green

William & Mary Law Review

No abstract provided.


Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen Jan 2013

Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen

Pepperdine Law Review

No abstract provided.


Opinion: A Two-Part State Supreme Court, Stanley Mosk Jan 2013

Opinion: A Two-Part State Supreme Court, Stanley Mosk

Pepperdine Law Review

No abstract provided.


The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell Jan 2013

The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell

Pepperdine Law Review

The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.


The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco Jan 2013

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.


States Escape Liability For Copyright Infringement?, Michelle V. Francis Jan 2013

States Escape Liability For Copyright Infringement?, Michelle V. Francis

Pepperdine Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


Jurisdictional Sequencing, Alan M. Trammell Jan 2013

Jurisdictional Sequencing, Alan M. Trammell

Scholarly Articles

Jurisdictional sequencing taps into fundamental questions about the nature and role of subject matter jurisdiction and what, if anything, a court may do before it has established jurisdiction. Because the Supreme Court has not rooted the doctrine in a clear theory, jurisdictional sequencing has engendered confusion among judges and scholars, who have been at a loss to explain it. Although a number of courts have embraced the leeway that the doctrine offers—the ability to dismiss a case on easier grounds before taking up harder jurisdictional questions—most scholars have criticized it as illegitimate or incoherent. This Article is the first to …


Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney Jan 2013

Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney

Barry Law Review

This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.


Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard Jan 2013

Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard

McGeorge Law Review

No abstract provided.


Bridging The Stream Of Commerce: Recommendations For Living In The Post-Nicastro Era, Amanda Iler Jan 2013

Bridging The Stream Of Commerce: Recommendations For Living In The Post-Nicastro Era, Amanda Iler

McGeorge Law Review

No abstract provided.


Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord Jan 2013

Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord

Faculty Publications

At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.

This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …


In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction, Katherine Hinkle Jan 2013

In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction, Katherine Hinkle

Children's Legal Rights Journal

No abstract provided.


Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran Jan 2013

Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.


Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz Jan 2013

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.


Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish Jan 2013

Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish

Maryland Journal of International Law

No abstract provided.


Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons Jan 2013

Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons

Maryland Journal of International Law

No abstract provided.


Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker Jan 2013

Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker

Maryland Journal of International Law

No abstract provided.


Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo Jan 2013

Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo

Maryland Journal of International Law

No abstract provided.


The Alien Tort Statute As Transnational Law, Jaye Ellis Jan 2013

The Alien Tort Statute As Transnational Law, Jaye Ellis

Maryland Journal of International Law

No abstract provided.


Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin Jan 2013

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.


Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson Jan 2013

Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …