Jurisdiction Commons^™

The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk

Articles

The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …

Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley

Scholarly Works

A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper

Articles

The Uniform Transfer of Litigation Act (UTLA) was undertaken for purposes simpler than the mass consolidation of multiparty, multiforum litigation. It seeks to create an effective tool that can be used to reduce some of the artificial barriers that tradition has erected around the sovereign separateness of the many different court systems in this country. The fact of separate sovereignty must be recognized, however, and to this end consent of both transferring and receiving courts is required. Within the consent requirement, transfer from the court system of one sovereign to the court system of another can improve on present practices …

The Effect Of The Statist-Political Approach To International Jurisdiction Of The Income Tax Regime- The Israeli Case, David Gliksberg

Michigan Journal of International Law

This article proceeds from the general to the particular, by first presenting the principles of international jurisdiction of the international taxation regime and their connection with statist thinking, and then examining the rules of international jurisdiction of income taxation in Israel and the influence of the statist conception in Israel on the formation of those rules.

Initiative Enigmas, Richard Collins

Publications

No abstract provided.

Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman

Vanderbilt Journal of Transnational Law

The field of conflict of laws suffers from a lack of theoretical coherence, and therefore fails to provide a satisfactory basis for discourse, adjudication, legislation, and inter-governmental negotiation regarding issues of prescriptive scope. This Article advances a law and economics-based approach to conflict of laws for use in both the domestic and international context. The Article first assesses the theoretical coherence of some principal conflict of laws approaches, analyzing their resolution of four tensions: predictability and adminstrability versus accuracy, unilateralism versus multilateralism, private interest versus public interests, and courts versus legislatures. It refers to Professor Baxter's "comparative impairment" methodology as …

Alternative Penal Sanctions, Paul Marcus

Faculty Publications

No abstract provided.

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …

Ashley V. Abbott Laboratories: Reconfiguring The Personal Jurisdiction Analysis In Mass Tort Litigation, Julia C. Bunting

Vanderbilt Law Review

The Supreme Court has struggled for over one hundred years to articulate a workable standard for determining whether a court may exercise personal jurisdiction, over a defendant without violating the Due Process Clause of the Fourteenth Amendment. Despite a substantial body of precedent, the Court has been unable to enunciate a consistent, intelligible test to govern personal jurisdiction. The Court's pronouncements swing between two bases: the territoriality, sovereignty, and power concerns established by Pennoyer v. Neff, and the defendant-centered fairness analysis announced in International Shoe Co. v. Washington. As a result of this inconsistency, lower courts adhere to vastly different …

Terminator 2, Robert F. Nagel

Publications

No abstract provided.

Legality, Standing And Substantive Review In Community Law, Paul Craig

Articles by Maurer Faculty

No abstract provided.

Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman

Michigan Law Review

This Note concludes that the Sixth Circuit was half right: when a civil action names both state and private defendants - what this Note terms a "mixed case" - and when the claims against private defendants arise under federal law, the district court must grant removal of the case8 and must remand the claims against the state defendant. However, this Note also observes that the Fifth Circuit probably achieved the better result. After defendants have removed a mixed case to federal court and the district court has remanded the barred claims, the dual court systems and the parties will usually …

Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz

Articles

No abstract provided.

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

University of Miami Inter-American Law Review

No abstract provided.

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

Law Faculty Scholarship

No abstract provided.

Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

Washington and Lee Law Review

No abstract provided.

The Values Of Federalism, A. E. Dick Howard

Cardozo Journal of International and Comparative Law

The article explores the values and complexities of federalism, emphasizing its role in balancing unity and diversity, limiting the concentration of power, and fostering democratic governance. It highlights federalism's dual purpose of promoting pluralism and local autonomy while maintaining national cohesion. The analysis draws on the U.S. experience to assess federalism's potential relevance for emerging democracies in Central and Eastern Europe, noting both its benefits and limitations.

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Cardozo Law Review

No abstract provided.

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …

A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger

UIC Law Review

No abstract provided.

World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …

Federal Recent Developments

American Indian Law Review

No abstract provided.

Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States

Washington and Lee Law Review

No abstract provided.