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Articles 1951 - 1980 of 4323
Full-Text Articles in Jurisdiction
The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor
The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor
NULR Online
No abstract provided.
Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich
Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich
Faculty Working Papers
This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …
"Rachel's Law" Wraps New York's Long-Arm Around Libel Tourists; Will Congress Follow Suit?, Justin S. Hemlepp
"Rachel's Law" Wraps New York's Long-Arm Around Libel Tourists; Will Congress Follow Suit?, Justin S. Hemlepp
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander
Faculty Working Papers
Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article III's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …
Is Transnational Litigation A Distinct Field? The Persistence Of American Exceptionalism In Procedural Law, Paul R. Dubinsky
Is Transnational Litigation A Distinct Field? The Persistence Of American Exceptionalism In Procedural Law, Paul R. Dubinsky
Law Faculty Research Publications
No abstract provided.
Jurisdiction, Merits, And Procedure: Thoughts On A Trichotomy, Howard M. Wasserman
Jurisdiction, Merits, And Procedure: Thoughts On A Trichotomy, Howard M. Wasserman
Faculty Publications
No abstract provided.
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
School of Law Faculty Publications
Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does not confer authority on a federal court to hear a case; a party to the case must also affirmatively invoke the applicable jurisdictional ground. In a sharp break from this traditional understanding, federal courts have recently begun to exercise jurisdiction over cases based on jurisdictional grounds no party has invoked. Courts adopting this practice have concluded that a district court must retain removed cases that meet the requirements of a congressionally-authorized ground of subject matter jurisdiction even when an arguably antecedent requirement - party invocation of that jurisdictional …
Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron
Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron
Faculty Scholarship
No abstract provided.
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy
UIC Law Review
No abstract provided.
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Cardozo Journal of Equal Rights & Social Justice
The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.
Introductory Note To Genocide Accountability Act, Mark A. Drumbl
Introductory Note To Genocide Accountability Act, Mark A. Drumbl
Scholarly Articles
On December 21, 2007, President George W. Bush signed into law the Genocide Accountability Act of 2007 (GAA) (Public Law 110-151). Co-sponsored on a bipartisan basis by several Senators, this bill passed in the Senate on March 29, 2007, and passed in the House .of Representatives on December 5, 2007, in both cases by voice vote. The GAA received considerable support from human rights groups throughout the legislative process.
Military Jurisdiction, The Right Not To Be Tried, And The Suspension Clause After Boumediene, Stephen I. Vladeck
Military Jurisdiction, The Right Not To Be Tried, And The Suspension Clause After Boumediene, Stephen I. Vladeck
Human Rights Brief
No abstract provided.
Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder
Contract Regulation, With And Without The State: Ruminations On Rules And Their Sources, David Snyder
Scholarly Articles in Law Reviews & Journals
This paper, commenting on the work of Jýrgen Basedow, addresses the legal regulation of economic relations in the context of globalization. The paper applies the idea of the mixed jurisdiction, traditionally focused on legal systems that partake of both the common law and the civil law, to the complex of privately made law and publicly made law that governs contemporary economic relations. Differing criteria that might be used to assess and choose between competing rules or competing systems of rule generation are evaluated, and normative considerations are raised. The paper proposes a model to demonstrate how privately made law, though …
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni
Michigan Journal of International Law
The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the …
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
UIC Law Review
No abstract provided.
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Cleveland State Law Review
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramatic confrontations in the long-running dispute over fugitive slaves, the Supreme Court's disposition of the case, and the aftermath of the decision. The Article will begin by describing the state of the dispute over fugitive slaves in the mid-1850s. The Article will then recount the events that brought Ableman to the Supreme Court and analyze the Court's opinion. Finally, the Article will discuss the aftermath and significance of the dispute.
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Enemy Combatants And The Jurisdictional Fact Doctrine, David L. Franklin
Cardozo Law Review
No abstract provided.
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Faculty Scholarship
No abstract provided.
Book Review Of Bradin Cormack, A Power To Do Justice: Jurisdiction, English Literature, And The Rise Of Common Law, 1509-1625 (2007), Jennifer Locke Davitt
Book Review Of Bradin Cormack, A Power To Do Justice: Jurisdiction, English Literature, And The Rise Of Common Law, 1509-1625 (2007), Jennifer Locke Davitt
Georgetown Law Faculty Publications and Other Works
"A Power to Do Justice" by Bradin Cormack is a scholarly work offering a critical examination of several sixteenth-century literary texts. Cormack shows how those texts reflect a shifting understanding of the legal concept of jurisdiction during that period.
Independent Of The Constitution?--Issues Raised By An Independent Federal Legislative Ethics Commission With Independent Enforcement Authority, Paul Taylor
University of Richmond Law Review
No abstract provided.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein
Federal Regulation Of Fios And Lightspeed: A Tale Of Two Jurisdictional Dilemmas, Michael Botein
NYLS Law Review
No abstract provided.
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Faculty Publications
It seems that few are pleased with the Court’s recent decision in Bowles v. Russell, in which the Court held the time limit for filing a notice of appeal to be jurisdictional and therefore not susceptible to the unique circumstances doctrine. As I wrote in this original essay, I believe the Court disrupted prior precedent and missed a golden opportunity to develop, in a principled way, a framework for characterizing rules as jurisdictional or not, and I adhere to those views. Three have responded to my essay. Professor Beth Burch criticizes Bowles for some of the same …
International Law's Mixed Heritage: A Common/Civil Law Jurisdiction, Colin B. Picker
International Law's Mixed Heritage: A Common/Civil Law Jurisdiction, Colin B. Picker
Vanderbilt Journal of Transnational Law
This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international law. Such a comparative law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international law not previously experienced. International law is unsure where to look for help in coping with these new stresses. In significant part this isolation can be attributed to a general view among international law scholars that international law is sui generis, and hence there is little to be gained from national legal systems. This Article …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
United States Opposition To The 1998 Rome Statute Establishing An International Criminal Court: Is The Court's Jurisdiction Truly Complementary To National Criminal Jurisdictions?, Jimmy Gurulé
Journal Articles
Although the United States supports the creation of a permanent International Criminal Court (ICC), it opposes such a court as set forth in the 1998 Rome Statute because it leaves open the potential for United States military personnel and government officials to be prosecuted for unintended loss of civilian life. Can the United States formulate a legal argument to support its view that inadvertent civilian casualties should not be considered a war crime within the jurisdiction of the ICC? The article argues that it can because the ICC’s jurisdiction under the Rome Statute is not complementary to national prosecutions held …
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
Publications
The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.