States Escape Liability For Copyright Infringement?,
2013
Pepperdine University
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?,
2013
Pepperdine University
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
The Rhetoric Of Recognition,
2013
Florida Coastal School of Law
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction,
2013
University of Maryland Francis King Carey School of Law
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo
Maryland Journal of International Law
No abstract provided.
Arbitration And The Future Of Delaware's Corporate Law Franchise,
2013
Boston College Law School
Arbitration And The Future Of Delaware's Corporate Law Franchise, Brian Jm Quinn
Cardozo Journal of Conflict Resolution
On September 9, 2011, Skyworks Solutions, Inc. ("Skyworks") and Advanced Analogic Technologies Incorporation ("AATI") entered into a merger agreement. The agreement included an uncommon provision with respect to dispute resolution. In part, that provision stated, "the parties hereto agree that any and all disputes arising under or related in any way to this Agreement or the Transactions shall be resolved solely in arbitration before the Court of Chancery of the State of Delaware. " Until AATI later sought specific performance of the merger agreement via arbitration pursuant to that provision, little notice had been paid by outside observers to the …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights,
2013
Loyola University Chicago
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013,
2013
University of Richmond
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Richmond Public Interest Law Review
This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …
Where Corporations Are: Why Casual Visits To New York Are Bad For Business,
2013
Benjamin N. Cardozo School of Law
Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson
Articles
In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad,
2013
University of Akron
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad, Samuel P. Baumgartner
Akron Law Faculty Publications
Questions of recognition and enforcement of foreign judgments have entered center stage. Recent empirical work suggests that there has been a marked increase in the frequency with which U.S. courts are asked to recognize and enforce foreign judgments. The U.S. litigation surrounding a multibillion-dollar Ecuadoran judgment against Chevron indicates that the stakes in some of these cases can be high indeed. This rising importance of questions of judgments recognition has not been lost on lawmakers. In November of 2011, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House of Representatives’ Judiciary Committee held hearings on whether to …
Contested States And The Rights And Obligations Of The Jus Ad Bellum,
2013
Liverpool Law School
Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson
Cardozo Journal of International and Comparative Law
The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013,
2013
University of Richmond
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Richmond Journal of Law and the Public Interest
This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …
A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?,
2013
Barry University School of Law
A Reporter's Privilege In Florida: Has The Conflict Between The First Amendment And Sixth Amendment Been Reconciled?, Jay B. Rosman
Barry Law Review
This article examines the reporter's privilege in Florida and the inherent conflict between the First Amendment and Sixth Amendment as it exists between the freedom of the press and the right to a fair trial. The salient question addressed is whether the conflict between the First Amendment and the Sixth Amendment has been reconciled on the issue of a reporter's privilege by Florida courts and the Florida Legislature. The author provides both an analytic and empirical study. Analytically, the article looks to the two amendments to define a reporter's privilege and considers the history of the privilege. The article discusses …
Who's The Boss? A Distinction Without A Difference,
2013
Barry University School of Law
Who's The Boss? A Distinction Without A Difference, Lakisha A. Davis
Barry Law Review
This case note provides the factual background of Vance v. Ball State and briefly summarizes the legal precedent behind the decision. It analyzes the opinion of the Court, suggesting that the decision severely limited the essential protections against workplace harassment provided by Title VII, consequently making it more difficult for employees to prove employer vicarious liability for workplace harassment.
Regulation Of Dispute Resolution In The United States Of America: From The Formal To The Informal To The ‘Semi-Formal’,
2013
Georgetown University Law Center
Regulation Of Dispute Resolution In The United States Of America: From The Formal To The Informal To The ‘Semi-Formal’, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The story of ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalized by its more formal use in courts. At the same time, use of private forms of dispute resolution in mediation, arbitration and newly hybridised forms of dispute resolution among disputants who can choose (and afford) to leave the formal justice system (in both large commercial matters and private family matters) has resulted in claims of increased privatization of justice, with consequences for access to …
The Problem Of Democracy In Contexts Of Polarization,
2013
Georgetown Law Center
The Problem Of Democracy In Contexts Of Polarization, Imer Flores
Georgetown Law Faculty Publications and Other Works
In this paper I argue that contemporary democracies all over the world are more polarized than ever and intend to analyze not only the conditions of possibility of a democracy, in general, and in contexts of polarization, in particular, but also the relationship between democracy and polarization. My claim is that polarization, if certain conditions are met, more than a problem it is a great opportunity to democracy and a greater democratization. Hence, I bring to mind that it was Ronald Dworkin, who recently asked about the conditions of possibility of a democracy and its relationship with polarization by developing …
The Historical Contingencies Of Conflict Resolution,
2013
Georgetown University Law Center
The Historical Contingencies Of Conflict Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
This article reviews the historical contingency of theory and practice in conflict engagement. World War II and the Cold War produced adversarial, distributive, competitive, and scarce resources conceptions of negotiation and conflict resolution, as evidenced by game theory and negotiation practice. More recent and more optimistic theory and practice has focused on party needs and interests and hopes for more party-tailored, contingent, flexible, participatory and more integrative and creative solutions for more than two disputants to a conflict. The current challenges of our present history are explored: continued conflict in both domestic and international settings, the challenge of “scaling up” …
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party,
2013
Duke Law School
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Stephen E. Sachs
Faculty Scholarship
The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct.
If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, and that the defendant¹s only remedy is a transfer motion under § 1404.
Both sides are wrong. Forum-selection …
Book Review,
2013
Duke Law School
Private Lawyer In Disguise? On The Absence Of Private Law And Private International Law In Martti Koskenniemi’S Work,
2013
Duke Law School
Private Lawyer In Disguise? On The Absence Of Private Law And Private International Law In Martti Koskenniemi’S Work, Ralf Michaels
Faculty Scholarship
No abstract provided.
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom,
2013
Benjamin N. Cardozo School of Law
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.
