Newsroom: Monestier On Web Jurisdiction 7/22/2016,
2016
Rhode Island Lawyers Weekly
Newsroom: Monestier On Web Jurisdiction 7/22/2016, Pat Murphy, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea,
2016
University of Georgia
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
International Straits: The Right Of Access,
2016
US Army Judge Advocate General's Corps
International Straits: The Right Of Access, R. P. Cundick
Georgia Journal of International & Comparative Law
No abstract provided.
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?,
2016
US Army Trial Judiciary
United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton
Georgia Journal of International & Comparative Law
No abstract provided.
The Hague Convention On The Civil Aspects Of International Child Abduction And The Latent Domestic Relations Exception To Federal Question Jurisdiction,
2016
University of Missouri School of Law
The Hague Convention On The Civil Aspects Of International Child Abduction And The Latent Domestic Relations Exception To Federal Question Jurisdiction, Sam F. Halabi
Faculty Publications
This article explores the discrepancy in the law of federal jurisdiction as it has developed under the Hague Child Abduction Convention. In contrast to return claims where the remedy is discrete, finite, and closely tied to fundamental international obligations under the treaty, orders to enforce access rights are, or would be, amorphous, ongoing, and subject to other administrative structures codified in the convention as well as, in the U.S. system, adding responsibilities for federal judges more generally associated with those undertaken by state judges. Even in the one federal appellate decision that explicitly acknowledged a judicially enforceable right to ensure …
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context,
2016
Indiana University Maurer School of Law
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser
Indiana Law Journal
This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.
Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …
Data Institutionalism: A Reply To Andrew Woods,
2016
Cornell Law School
Data Institutionalism: A Reply To Andrew Woods, Zachary D. Clopton
Cornell Law Faculty Publications
In "Against Data Exceptionalism," Andrew K. Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests, the legal challenges presented by the cloud have analogies in age-old puzzles of public and private international law.
Identifying these connections is a conceptual advance, and this contribution should not be understated. But, to my mind, the most telling statement in Woods’s excellent article comes …
My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos,
2016
Benjamin N. Cardozo School of Law
My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
International Accountability In U.S. Law: A Call For Legislation,
2016
Benjamin N. Cardozo School of Law
International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Closing Impunity Gaps For The Crime Of Aggression,
2016
Benjamin N. Cardozo School of Law
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States,
2016
University of Georgia School of Law
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law,
2016
University of Georgia School of Law
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum,
2016
Fordham University School of Law
Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph C. Sweeny
Georgia Journal of International & Comparative Law
No abstract provided.
The Device Of Fiction In Public International Law,
2016
Université de Bruxelles
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
To Waive Or Not To Waive? Filing Deadlines And
Hearing Requests In Administrative Adjudications,
2016
Pepperdine University
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Admiralty - Torts - A Permanently Moored Vessel Located In Navigable Waters, Though No Longer Involved In Commerce, Supplies The Necessary Maritime Nexus For Invocation Of Admiralty Tort Jurisdiction Using The “Locality Plus” Test,
2016
University of Georgia School of Law
Admiralty - Torts - A Permanently Moored Vessel Located In Navigable Waters, Though No Longer Involved In Commerce, Supplies The Necessary Maritime Nexus For Invocation Of Admiralty Tort Jurisdiction Using The “Locality Plus” Test, E. B. Mather
Georgia Journal of International & Comparative Law
No abstract provided.
Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown,
2016
University of Georgia School of Law
Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown, Grier Newlin
Georgia Journal of International & Comparative Law
No abstract provided.
The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco,
2016
University of Georgia School of Law
The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo
Georgia Journal of International & Comparative Law
No abstract provided.
Weather Modification: A Modest Proposal,
2016
University of Georgia School of Law
Weather Modification: A Modest Proposal, Lawrence A. Weirs
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Aspects Of Convertibility,
2016
Federal Ministry of Economic Cooperation
Legal Aspects Of Convertibility, Dr. Rainer Geiger
Georgia Journal of International & Comparative Law
No abstract provided.
