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4,345 full-text articles. Page 45 of 93.

State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash 2019 Emory University School of Law

State Standing For Nationwide Injunctions Against The Federal Government, Jonathan R. Nash

Faculty Articles

Recent years have seen a substantial increase of cases in which states seek, and indeed obtain, nationwide injunctions against the federal government. These cases implicate two complicated questions: first, when a state has standing to sue the federal government, and second, when a nationwide injunction is a proper form of relief. For their part, scholars have mostly addressed these questions separately. In this Essay, I analyze the two questions together. Along the way, I identify drawbacks and benefits of nationwide injunctions, as well as settings where nationwide injunctions may be desirable and undesirable. I present arguments that, although I do …


Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde 2019 Mitchell Hamline School of Law

Separation Of Powers In New Mexico: Item Vetoes, State Policy-Making, And The Role Of State Courts, Michael B. Browde

Mitchell Hamline Law Review

No abstract provided.


School Finance Litigation And The Separation Of Powers, Larry J. Obhof 2019 Mitchell Hamline School of Law

School Finance Litigation And The Separation Of Powers, Larry J. Obhof

Mitchell Hamline Law Review

No abstract provided.


State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz 2019 Mitchell Hamline School of Law

State Courts And Democratic Theory: Toward A Theory Of State Constitutional Judicial Review, David Schultz

Mitchell Hamline Law Review

No abstract provided.


Neither Fish Nor Fowl: The Separation Of Powers And The Office Of Administrative Hearings, Ann E. Cohen, Elise Larson 2019 Mitchell Hamline School of Law

Neither Fish Nor Fowl: The Separation Of Powers And The Office Of Administrative Hearings, Ann E. Cohen, Elise Larson

Mitchell Hamline Law Review

No abstract provided.


The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin 2019 Mitchell Hamline School of Law

The “Law Of Ramsey County” – Reflections Of A Trial Judge On State Government Gridlock, Kathleen Gearin

Mitchell Hamline Law Review

No abstract provided.


When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry 2019 Penn State Dickinson Law

When Big Brother Becomes “Big Father”: Examining The Continued Use Of Parens Patriae In State Juvenile Delinquency Proceedings, Emily R. Mowry

Dickinson Law Review (2017-Present)

The U.S. Constitution grants American citizens numerous Due Process rights; but, historically, the Supreme Court declined to extend these Due Process rights to children. Initially, common-law courts treated child offenders over the age of seven in the same manner as adult criminals. At the start of the 20th century, though, juvenile reformers assisted in creating unique juvenile courts that used the parens patriae doctrine and viewed children as delinquent youths in need of judicial parental guidance rather than punishment. Later, starting in 1967, the Supreme Court released multiple opinions extending certain constitutional Due Process rights to children in juvenile delinquency …


A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen 2019 Penn State Dickinson Law

A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen

Dickinson Law Review (2017-Present)

President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its …


Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley 2019 J.D. 2019, Roger Williams University School of Law

Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley

Roger Williams University Law Review

No abstract provided.


Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick 2019 Hamline University

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …


Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson 2019 University of California Hastings College of the Law

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Michigan Law Review

Personal jurisdiction usually focuses on the rights of the defendant. This is because a plaintiff implicitly consents to personal jurisdiction in the court where the plaintiff chooses to file. But what if the defendant seeks to transfer venue to a court in a state in which the plaintiff has no contacts and never consented to personal jurisdiction? Lower courts operate on the assumption that in both ordinary venue-transfer cases under 28 U.S.C. § 1404(a) and multidistrict-litigation cases under § 1407(a), personal-jurisdiction concerns for plaintiffs simply do not apply. I contest that assumption. Neither statute expands the statutory authorization of federal-court …


Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta 2019 Benjamin N. Cardozo School of Law

Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Rising Confusion About "Arising Under" Jurisdiction In Patent Cases, Paul Gugliuzza 2019 Boston University School of Law

Rising Confusion About "Arising Under" Jurisdiction In Patent Cases, Paul Gugliuzza

Faculty Scholarship

By statute, all cases “arising under” patent law must be heard exclusively by the federal courts (not state courts) and, on appeal, by the Federal Circuit (not the twelve regional circuits). But not all cases involving patents “arise under” patent law. As recently as 2013, the Supreme Court ruled that the mere need to apply patent law in, for example, a malpractice case involving a patent lawyer, is insufficient to trigger exclusive jurisdiction. Rather, the Court held, for a case that does not involve claims of patent infringement to arise under patent law, the patent issue must be “important . …


Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary LaFrance 2019 William S. Boyd School of Law, University of Nevada

Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.


From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris 2019 University of Helsinki

From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris

Cardozo Arts & Entertainment Law Journal

Legal doctrines, aided and abetted by interpretations of the courts, carry the force of law. The implication is that when courts settle matters, they often go beyond the scope of current intellectual property legislation. Furthermore, global problems in intellectual property may require the participation of private intellectual property rights owners to bring suit. This, in turn, often creates more problems due to the territorial, trans-territorial, and extraterritorial reach of the law, especially with respect private trademark rights. I explore this and other legal conundrums in this Article. The key concern addressed in the Article is how far trademark law is …


When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier 2019 Roger Williams University School of Law

When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


Of Hats And Robes: Judicial Review Of Nonadjudicative Article Iii Functions, Jeffrey L. Rensberger 2019 South Texas College of Law Houston

Of Hats And Robes: Judicial Review Of Nonadjudicative Article Iii Functions, Jeffrey L. Rensberger

University of Richmond Law Review

We are accustomed to thinking of Article III courts and judges deciding cases and controversies. But, federal judges and courts have historically also engaged in official but nonadjudicative activities. In addition to a history of federal judges serving on nonjudicial commissions, federal judges and the Supreme Court participate in the rulemaking process for the federal procedural and evidentiary rules. Although some argue to the contrary, the Supreme Court has approved such arrangements in the face of separation of powers objections. Since Article III officers and courts perform nonadjudicative duties, the question arises of how federal courts who address a challenge …


Erie Doctrine, State Law, And Civil Rights Litigation, Alexander A. Reinert 2019 Benjamin N. Cardozo School of Law

Erie Doctrine, State Law, And Civil Rights Litigation, Alexander A. Reinert

Articles

How should state law questions and claims be resolved when they arise in federal civil rights litigation? In prior work, I have criticized the given wisdom that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. In that work, I proposed a framework, “Erie Step Zero,” to place Erie questions in their jurisdictional context. As I have argued, the concern with forum shopping and unequal treatment that prompted Erie have less salience in federal question cases. Different concerns emerge when one focuses on the presence of state law issues in …


Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer 2019 Alexander Blewett III School of Law at the University of Montana

Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer

Faculty Law Review Articles

There are tremendous disparities between high stakes original actions between states before the US. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …


Personal Jurisdiction: The Transnational Difference, Austen L. Parrish 2019 Indiana University Maurer School of Law

Personal Jurisdiction: The Transnational Difference, Austen L. Parrish

Articles by Maurer Faculty

This Article engages with some of the key debates that have emerged among international Iaw and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court's docket. It makes three principal contributions. First, it explains how the recent decisions involving persona jurisdiction should be understood within, and partly limited to, their international contexts. Disputes in involving non-resident foreign defendants raise different considerations than those involving defendants in the United States, and this Article canvasses those differences. If a concern previously was that courts gave too short shrift to …


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