Introductory Remarks From The Festschrift Organizer,
2019
Benjamin N. Cardozo School of Law
Introductory Remarks From The Festschrift Organizer, Richard Weisberg
Cardozo Law Review
On October 11, 2018, a group of scholars from around the world gathered at Cardozo to celebrate the writings of Professor Arthur Jacobson. A fair sampling of their remarks in his honor follows in this special number of the Cardozo Law Review. Thanks for the event itself and the proceedings of the 11 th of October are due Dean Melanie Leslie, Josephine Tirado, Michael Pantazakos, my research assistants Catherine Weiss and Scott Christopher, and the editors of the Law Review.
Establishment Of Religion Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996),
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Due Process Court Of Appeals,
2019
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Queens County,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
China's Rule Of Law From A Private International Law Perspective,
2019
Chinese University of Hong Kong
China's Rule Of Law From A Private International Law Perspective, King Fung Tsang
Georgia Journal of International & Comparative Law
No abstract provided.
The Territorial Reach Of Federal Courts,
2019
William & Mary Law School
The Territorial Reach Of Federal Courts, A. Benjamin Spencer
Faculty Publications
Federal courts exercise the sovereign authority of the United States when they assert personal jurisdiction over a defendant. As components of the national sovereign, federal courts' maximum territorial reach is determined by the Fifth Amendment's Due Process Clause, which permits jurisdiction over persons with sufficient minimum contacts with the United States and over property located therein. Why, then, are federal courts limited to the territorial reach of the states in which they sit when they exercise personal jurisdiction in most cases? There is no constitutional or statutory mandate that so constrains the federal judicial reach. Rather, it is by operation …
Fictional Pleas,
2019
University of Maine School of Law
Fictional Pleas, Thea Johnson
Indiana Law Journal
A fictional plea is one in which a defendant pleads guilty to a crime he has not committed, with the knowledge of the defense attorney, prosecutor, and judge. With fictional pleas, the plea of conviction is detached from the original factual allegations against the defendant. As criminal justice actors become increasingly troubled by the impact of collateral consequences on defendants, the fictional plea serves as an appealing response to this concern. It allows the parties to achieve parallel aims: the prosecutor holds the defendant accountable in the criminal system, while the defendant avoids devastating noncriminal consequences. In this context, the …
An Organizational Account Of State Standing,
2019
Texas A&M University School of Law
An Organizational Account Of State Standing, Katherine Mims Crocker
Faculty Scholarship
Again and again in regard to recent high-profile disputes, the legal community has tied itself in knots over questions about when state plaintiffs should have standing to sue in federal court, especially in cases where they seek to sue federal-government defendants. Lawsuits challenging everything from the Bush administration’s environmental policies to the Obama administration’s immigration actions to the Trump administration’s travel bans have become mired in tricky and technical questions about whether state plaintiffs belonged in federal court.
Should state standing cause so much controversy and confusion? This Essay argues that state plaintiffs are far more like at least one …
Malaysia Historical Salvors Revisited:,
2019
Loyola Marymount University and Loyola Law School
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Rochac Hernández Et Al. V. El Salvador,
2019
Loyola Marymount University and Loyola Law School
Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto
Loyola of Los Angeles International and Comparative Law Review
This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals,
2019
Loyola Marymount University and Loyola Law School
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims,
2019
Brooklyn Law School
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
