An International Crimes Court: Further Tales Of The King Of Corinth,
2014
Georgetown University Law Center
An International Crimes Court: Further Tales Of The King Of Corinth, Jose A. Baez
Georgia Journal of International & Comparative Law
No abstract provided.
The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute,
2014
University of Georgia School of Law
The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991).,
2014
University of Georgia School of Law
Foreign Sovereign Immunity Act - Commercial Activity Exception - United States May Exercise Jurisdiction Over A Foreign Sovereign Who Has Issued Promissory Notes To A U.S. Corporation. Shapiro V. Republic Of Bolivia, 930 F.2d 1013 (2d Cir. 1991)., Gregory Jay
Georgia Journal of International & Comparative Law
No abstract provided.
A Desired Birth: The Court Of First Instance Of The European Communities,
2014
Universite Libre de Bruxelles and the College de Bruges, Belgium
A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden
Georgia Journal of International & Comparative Law
No abstract provided.
Brief For Respondent. United States V. Wong, 134 S.Ct. 2873 (2014) (No. 13-1074), 2014 Wl 5804278,
2014
University of Washington School of Law
Brief For Respondent. United States V. Wong, 134 S.Ct. 2873 (2014) (No. 13-1074), 2014 Wl 5804278, Eric Schnapper, Tom Steenson, Beth Creighton, Michael Rose
Court Briefs
QUESTIONS PRESENTED
1. Is the six-month limit on filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), jurisdictional?
2. If the six-month limit for filing suit under the Federal Tort Claims Act, 28 U.S.C. 2401(b), is not jurisdictional, is it subject to equitable tolling?
In Search Of The Probate Exception,
2014
Vanderbilt University Law School
In Search Of The Probate Exception, James E. Pfander, Michael J.T. Downey
Vanderbilt Law Review
As a limit on the power of Article III courts, the probate exception has surely earned its place in the old curiosity shop of federal jurisdictional law. Dating from the early nineteenth century, the exception has been said to derive from various sources, including the lack of federal jurisdiction over ecclesiastical matters, the "law" and "equity" limits of Article III, and the structure of our federal government. The Supreme Court's 2006 decision in Marshall v. Marshall sought to clarify matters, but lower courts continue to debate the breadth of the exception. In this Article, we go in search of the …
Strange Bedfellows: The Federal Constitution, Out-Of-State Nongrantor Accumulation Trusts, And The Complete Avoidance Of State Income Taxation,
2014
Vanderbilt University Law School
Strange Bedfellows: The Federal Constitution, Out-Of-State Nongrantor Accumulation Trusts, And The Complete Avoidance Of State Income Taxation, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
With the maximum rate of federal income tax at 39.6 percent, the Medicare surtax on investment income of 3.8 percent, and some state income tax rates exceeding 9 percent, taxpayers in the highest brackets have been seeking to develop strategies to lessen the tax burden. One strategy that has been receiving increased attention is the use of a highly specialized trust known as the NING, a Nevada incomplete gift nongrantor trust, which eliminates state income taxation of investment income altogether without generating additional federal income or transfer taxes. A major obstacle standing in the way of accomplishing this objective, however, …
To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages,
2014
Sunderland University
To Be Or Not To Be: The Forum Non Conveniens Performance Acted Out On Anglo-American Courtroom Stages, Alan Reed
Georgia Journal of International & Comparative Law
No abstract provided.
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo,
2014
University of Georgia School of Law
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity,
2014
Seattle University School of Law
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer
Seattle University Law Review
It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation,
2014
Seattle University School of Law
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Solving Jurisdiction's Social Cost,
2014
University of Washington School of Law
Solving Jurisdiction's Social Cost, Dustin E. Buehler
Washington Law Review
Federal court subject-matter jurisdiction rules incur a significant social cost—when jurisdiction is found lacking, courts must dismiss, no matter how many years and resources the parties have spent on the case. Indeed, hundreds of belated jurisdictional dismissals occur each year after parties have already engaged in discovery, dispositive motions, or even trial. Federal judges tolerate this waste largely because they view nonwaivable jurisdictional rules as a function of structural values rooted in the Constitution, rather than efficiency concerns. In contrast, scholars tend to focus primarily on efficiency arguments while discussing jurisdictional nonwaivability, de-emphasizing important structural interests. Both theories are overly …
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court,
2014
Marquette University Law School
Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt
Marquette Law Review
Supreme Court Justices exercise wide discretion when hiring law clerks. The Justices are constrained only by the pool of qualified applicants and by norms of the institution, such as that beginning with Chief Justice Burger’s tenure in 1969 90% of clerks have previously served a clerkship with a federal judge. Previous work finds that ideology structures hiring decisions at the individual clerk level; however, these analyses fail to account for the fact that a Justice hires several clerks each Term—he seeks a winning team, not just a single all-star. Hiring decisions are structuring decisions in which one of a Justice’s …
Service Out Of Jurisdiction: Submission And Natural Forum,
2014
Singapore Management University
Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes,
2014
Georgia State University College of Law
"Defensive Territoriality": A New Paradigm For The Prosecution Of Extraterritorial Business Crimes, Ellen S. Podgor
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union,
2014
Seton Hall University School of Law
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia,
2014
Southern Methodist University
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction,
2014
University of Georgia School of Law
A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie
Georgia Journal of International & Comparative Law
No abstract provided.
Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond,
2014
Office of the Appellate Defender of New York City
Spain's Expanded Universal Jurisdiction To Prosecute Human Rights Abuses In Latin America, China, And Beyond, Mugambi Jouet
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court,
2014
University of Georgia School of Law
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
