Jurisdiction Commons^™

Pleading To Stay In State Court: Forum Control, Federal Removal Jurisdiction, And The Amount In Controversy Requirement, Russell D. Jessee

Washington and Lee Law Review

No abstract provided.

Dissecting The State: The Use Of Federal Law To Free State And Local Officials From State Legislatures' Control, Roderick M. Hills Jr.

Michigan Law Review

In discussions about American federalism, it is common to speak of a "state government" as if it were a black box, an individual speaking with a single voice. State governments are, of course, no such thing. Rather, a "state" actually incorporates a bundle of different subdivisions, branches, and agencies controlled by politicians who often compete with each other for electoral success and governmental power. In particular, these institutions compete with each other for the power to control federal funds and implement federal programs. This article explores one aspect of this intrastate competition - the extent to which federal law can …

Beyond "Marbury": Jurisdictional Self-Dealing In "Seminole Tribe", Laura S. Fitzgerald

Vanderbilt Law Review

In Seminole Tribe v. Florida, the Supreme Court held that the Constitution's Article III embodies a principle of state sovereign immunity which so constrains the federal judicial power that it prohibits Congress from granting federal courts subject matter jurisdiction over private lawsuits to enforce Article I legislation against states. At the same time, however, and again in Idaho v. Coeur d'Alene Tribe, the Court reaffirmed its own Ex parte Young doctrine, under which the Court itself unilaterally granted federal courts subject matter jurisdiction over private lawsuits to coerce states to comply with federal law despite state sovereign immunity. Neither in …

Clark V. Commodity Futures Trading Com'n, 170 F. 3d 110 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.

Stop The Madness! Procedural And Practical Defenses To Avoid Inconsistent Cross-Border Judgments Between Texas And Mexico, Lauretta Drake

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Sexual Misconduct Of Educators: A Comparison Of Decisions Of Courts And Tribunals In British Columbia, Nova Scotia And Ontario, Barbara J. Murray

LLM Theses

This thesis examines the genesis of society's awareness of the problem of child sexual abuse as well as changes in the legal system to the prosecution of child sexual offence cases and then situates the problem within the educational system in British Columbia, Nova Scotia and Ontario. Thereafter, there is an examination of the panoply of remedies that the legal system provides to victims of sexual misconduct by educators. Conversely, it also analyses whether it is fair that educators who engage in such conduct should be faced with a multiplicity of proceedings before many different institutions. Further, the efficacy of …

A Non-Governmental Perspective Regarding The International Protection Of Children In The Inter-American System Of Human Rights, Ariel E. Dulitzky, Luguely Cunillera Tapia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

El Federalismo Y La Administración De Justicia En Los Estados Unidos, Robert S. Barker

Barker Papers

In the United States, there is not just one system of justice; there are many. Each of the fifty states has its own constitution, laws, and courts of law. In addition, there is the overall federal justice system, which operates through the federal courts. Federalism profoundly affects the administration of justice in the United States, and the administration of justice, in turn, affects our federalism.

The purpose of this brief essay is to identify the most important aspects of the relationship between federalism and the administration of justice in the United States and its division of governmental powers between the …

Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis

UIC Law Review

No abstract provided.

Nomadic Notaries, 32 J. Marshall L. Rev. 985 (1999), Malcolm L. Morris

UIC Law Review

No abstract provided.

What Spending Clause? - (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, 33 J. Marshall L. Rev. 81 (1999), Jeffrey T. Renz

UIC Law Review

No abstract provided.

Democracy And Disenfranchisement In Washington, D.C., Jamin B. Raskin, Cathleen Caron

Human Rights Brief

No abstract provided.

It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman

Maryland Journal of International Law

No abstract provided.

Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

State Sovereign Immunity And The Future Of Federalism, Ernest A. Young

Faculty Scholarship

No abstract provided.

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.

Richmond Journal of Law & Technology

In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …

Jurisdictional Salvation And The Hague Treaty, Kevin M. Clermont

Cornell Law Faculty Publications

The United States' law of territorial jurisdiction in civil cases is a mess. Many commentators, here and abroad, have said so for a long time. The United States' treatment of foreign judgments, however, stands in contrast. As a well-behaved member of the international community of nations, the United States eagerly gives appropriate respect to foreign judgments, despite sometimes getting no respect in return.

Now, ongoing negotiations at the Hague have generated a prospect for an international agreement on the reciprocal treatment of foreign judgments. The envisaged treaty would ensure mutual respect of judgments among contracting countries, but it would also …

State Immunity Waivers For Suits By The United States, Evan H. Caminker

Articles

The Supreme Court closed this millennium with a virtual celebration of state sovereignty, protecting state authority from the reach of congressional power in several significant ways. In a pair of cases, Seminole Tribe v. Florida1 and Alden v. Maine,2 the Court held that states enjoy a constitutional immunity from being sued without their consent. In Seminole Tribe, the Court opined that "the background principle of state sovereign immunity embodied in the Eleventh Amendment"3 protects states from unconsented suits in federal court. In Alden, the Court held that this principle is not merely embodied in the Eleventh Amendment but rather is …

Association Of American Law Schools Panel On The International Criminal Court, Christopher L. Blakesley

Scholarly Works

Professor Blakesley participates in this panel discussion on the International Criminal Court. The Association of American Law Schools sponsored the panel.

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Publications

No abstract provided.

The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii

Michigan Law Review

Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …

Law's Territory (A History Of Jurisdiction), Richard T. Ford

Michigan Law Review

Pop quiz: New York City. The United Kingdom. The East Bay Area Municipal Utilities District. Kwazulu, South Africa. The Cathedral of Notre Dame. The State of California. Vatican City. Switzerland. The American Embassy in the U.S.S.R. What do the foregoing items have in common? Answer: they are, or were, all territorial jurisdictions. A thesis of this Article is that territorial jurisdictions - the rigidly mapped territories within which formally defined legal powers are exercised by formally organized governmental institutions - are relatively new and intuitively surprising technological developments. New, because until the development of modern cartography, legal authority generally followed …

Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler

Articles & Chapters

No abstract provided.

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

Delegation And Democracy: A Reply To My Critics, David Schoenbrod

Cardozo Law Review

No abstract provided.

Defusing New York's 120-Day Time Bomb: The Meaning Of New C.P.L.R. 306-B, Brian A. Waldbaum

Cardozo Law Review

No abstract provided.

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.

Accountability And Restraint: The Federal Budget Process And The Line Item Veto Act, Elizabeth Garrett

Cardozo Law Review

No abstract provided.

The Icc's New Legal Landscape: The Need To Expand U.S. Domestic Jurisdiction To Prosecute Genocide, War Crimes And Crimes Against Humanity, Douglass Cassel

Journal Articles

The United States was one of only seven nations to vote against the treaty. The ensuing debate within the United States has properly focused on whether the United States can and should ratify the treaty or, if not, whether as a non-party the United States should support or oppose the new court. Largely overlooked, however, are two separate but related questions: (1) should the existing, incomplete jurisdiction of U.S. courts over crimes within the ICC Statute be expanded to ensure that such crimes may also be prosecuted in U.S. courts, under universal jurisdiction or other bases allowed by international law?; …