Today's Porn: Not A Constitutional Right; Not A Human Right,
2017
National Center on Sexual Exploitation
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Financing Central Cities: The Economics Underlying Fiscal Strategy Options,
2017
Syracuse University
Financing Central Cities: The Economics Underlying Fiscal Strategy Options, Michael Wasylenko
Center for Policy Research
A consortium of Syracuse City and Onondaga County governments along with a number of local area non-profit organizations have recently organized a commission on Local Government Modernization for the Syracuse area. The Report makes three major recommendation to strengthen the local public sector in the Syracuse region: seek opportunities to share public services across local jurisdictions to reduce costs, adopt the Minneapolis region model for sharing revenues from new commercial and industrial development across localities, and work toward merging Syracuse City government with Onondaga County government. At the same time, current non-city residents would not have responsibility for the city …
Case Law On American Indians: August 2015—August 2016,
2017
Morisset, Schlosser, Jozwiak & Somerville
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Adverse Interests And Article Iii: A Reply,
2017
Northwestern Pritzker School of Law
Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk
Northwestern University Law Review
Scholars and jurists have long sought an explanation for why the Framers of Article III distinguished “Cases” from “Controversies.” In a previous article that cataloged the exercise of federal jurisdiction over uncontested matters, such as pension claims, warrant applications, and naturalization proceedings, we tried to provide an answer to this question. We suggested that, at least as to “cases” arising under federal law, the federal courts could exercise what Roman and civil lawyers called non-contentious jurisdiction or, in the words of Chief Justice Marshall, could hear uncontested claims of right in the form prescribed by law. As for “controversies,” by …
Adverse Interests And Article Iii,
2017
University of Virginia School of Law
Adverse Interests And Article Iii, Ann Woolhandler
Northwestern University Law Review
In an important article in the Yale Law Journal, James Pfander and Daniel Birk claim that adverseness is not required by Article III for cases arising under federal law. This Article takes the position that Pfander and Birk have not made the case for reconsidering adversity requirements for Article III cases. Adverseness may be present when there is adversity of legal interests, even when adverse argument is not present. From this perspective, a number of Pfander and Birk’s examples of non-contentious jurisdiction manifested adverseness. In rem-type proceedings such as bankruptcy and prize cases required the determination of adverse interests, …
The Canons Of Construction For Choice-Of-Law Clauses,
2017
University of Washington School of Law
The Canons Of Construction For Choice-Of-Law Clauses, John F. Coyle
Washington Law Review
Over the past half-century, courts in the United States have developed canons of construction that they use exclusively to construe choice-of-law clauses. These canons are consistently applied by state and federal courts. They play an important role in determining the meaning of choice-of-law clauses and, by extension, the law that will be applied to resolve disputes that come before the courts. To date, however, these canons have attracted relatively little attention in the academic literature. This Article aspires to fill that gap. It develops the first taxonomy of these canons, which fall into one of two families. The first consists …
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc),
2017
Boston University School of Law
Brief Amici Curiae On Behalf Of International And Constitutional Law Experts In Support Of Petition For Certiorari, Al Bahlul V. United States , 840 F.3d 757 (D.C. Cir. 2016) (En Banc), Robert D. Sloane, Foley Hoag Llp
Faculty Scholarship
Amici curiae, legal experts in international and constitutional law, believe that a majority of the en banc panel in Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016) (en banc), mistakenly affirmed Ali Hamza Ahmad Suliman al Bahlul’s conviction by a military commission for a non-international war crime. The main concurring opinion in that case misconceived how international law defines the jurisdiction of law-of-war military commissions. As amici argue below, it is the Constitution—not international law—that limits the jurisdiction of lawof-war military commissions.
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly
Nevada Supreme Court Summaries
The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at …
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction,
2017
Seattle University School of Law
“Indians, In A Jurisdictional Sense”: Tribal Citizenship And Other Forms Of Non-Indian Consent To Tribal Criminal Jurisdiction, Paul Spruhan
American Indian Law Journal
No abstract provided.
Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions,
2017
Texas A&M University School of Law
Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce
Georgia State University Law Review
More than a decade after Congress passed the Class Action Fairness Act of 2005 (CAFA), courts continue to disagree as to its application and meaning in a variety of situations, many of which have wide-ranging effects. This article considers a fundamental issue that arises after a certification decision is reached: whether a court’s subject matter jurisdiction under CAFA depends on a class being certified. Specifically, the article considers what happens when a federal court’s subject matter jurisdiction derives solely from CAFA’s minimal diversity jurisdiction provision and a request for class certification under Federal Rule of Civil Procedure 23 (Rule 23) …
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017,
2017
Roger Williams University School of Law
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz
Law School Blogs
No abstract provided.
You're It: Tag Jurisdiction Over Corporations In Canada,
2017
Roger Williams University School of Law
You're It: Tag Jurisdiction Over Corporations In Canada, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases,
2017
University of Richmond School of Law
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz
University of Richmond Law Review
No abstract provided.
Retiring Forum Non Conveniens,
2017
Cornell Law School
Retiring Forum Non Conveniens, Maggie Gardner
Cornell Law Faculty Publications
When it comes to transnational litigation in the federal courts, it is time to retire the doctrine of forum non conveniens. The doctrine, which allows judges to decline jurisdiction in cases they believe would be better heard in foreign courts, is meant to promote international comity and protect defendant fairness. But it is not well-designed for the former purpose, and given recent developments at the Supreme Court, it is dangerously redundant when it comes to the latter. This Article seeks to demythologize forum non conveniens, to question its continuing relevance, and to encourage the courts and Congress to narrow its …
Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back,
2017
Brooklyn Law School
Have Prenup, Will Travel: Why England’S Law On Marital Agreements Has Attracted Forum Shoppers And How The Courts Can Fight Back, Karina Vanhouten
Brooklyn Journal of International Law
This Note examines the English judiciary’s reluctance to fully accept marital agreements, and the disruptive effect this has in the global legal arena. In our increasingly international world, the fundamental events of family life—marriage, divorce, and death—often no longer occur in the same jurisdiction. In recent years, prospective divorcées from around the globe have flocked to England to take advantage of the country’s matrimonial law, which generally favors the party seeking to invalidate or minimize a marital agreement. This forum-shopping phenomenon is problematic because English courts regularly disregard foreign marital agreements that would be valid and binding in other jurisdictions, …
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction,
2017
Pepperdine University
Is It Safe To Speak Up Now? Evaluating The Expansion Of Whistleblower Protection Act Jurisdiction, Gil Landau
Journal of the National Association of Administrative Law Judiciary
Whistleblowers have uncovered billions of dollars of fraud and severe national security threats. Nonetheless, for many years, federal employee whistleblowers faced retaliation and termination. Congress passed the Whistleblower Protection Act (WPA) in an attempt to protect federal employee whistleblowers. But, the exclusive court for WPA appeals, the Federal Circuit, ignored Congressional intent and limited the WPA’s protections. In 2013, Congress responded by creating a five year experiment, known as “all circuit review,” to determine if WPA claims should also be appealable to the regional circuits. Over the past three years, all circuit review has led to modest changes in WPA …
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw,
2017
Benjamin N. Cardozo School of Law
Erisa Preemption After Gobeille V. Liberty Mutual: Completing The Retrenchment Of Shaw, Edward A. Zelinsky
Articles
Gobeille v. Liberty Mutual Insurance Co. is the U.S. Supreme Court’s most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court’s literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler’s broader construction of ERISA preemption. …
Domicile Dismantled,
2017
University of Virginia
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Indiana Law Journal
Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a …
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States,
2017
University of Arkansas Little Rock
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Undemocratic Restraint,
2017
Vanderbilt University Law School
Undemocratic Restraint, Fred O. Smith, Jr.
Vanderbilt Law Review
For almost two hundred years, a basic tenet of American law has been that federal courts must generally exercise jurisdiction when they possess it. And yet, self-imposed prudential limits on judicial power have, at least until recently, roared on despite these pronouncements. The judicial branch's avowedly self-invented doctrines include some (though not all) aspects of standing, ripeness, abstention, and the political question doctrine. The Supreme Court recently, and unanimously, concluded that prudential limits are in severe tension with our system of representative democracy because they invite policy determinations from unelected judges. Even with these pronouncements, however, the Court has not …
