Federal Discretion In The Prosecution Of Local Political Corruption,
2013
Pepperdine University
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Pepperdine Law Review
Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …
(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada,
2013
Roger Williams University School of Law
(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
General Law In Federal Court,
2013
University of Virginia School of Law
General Law In Federal Court, Anthony J. Bellia Jr., Bradford R. Clark
William & Mary Law Review
No abstract provided.
A Critical Guide To Erie Railroad Co. V. Tompkins,
2013
William & Mary Law School
A Critical Guide To Erie Railroad Co. V. Tompkins, Caleb Nelson
William & Mary Law Review
No abstract provided.
Can Erie Survive As Federal Common Law?,
2013
Temple Law School
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes,
2013
Yale Law School
The Federal Common Law Of Statutory Interpretation: Erie For The Age Of Statutes, Abbe R. Gluck
William & Mary Law Review
No abstract provided.
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence",
2013
Yale University Law School
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
Why Jurisprudence Doesn't Matter For Customary International Law,
2013
William & Mary Law School
Why Jurisprudence Doesn't Matter For Customary International Law, Steven Walt
William & Mary Law Review
No abstract provided.
Law's Dark Matter,
2013
William & Mary Law School
Dissent: Supreme Court Reform: Diversion Instead Of Division,
2013
Pepperdine University
Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen
Pepperdine Law Review
No abstract provided.
Opinion: A Two-Part State Supreme Court,
2013
Pepperdine University
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer,
2013
Pepperdine University
The Federal Antitrust Implications Of Local Rent Control: A Plaintiff's Primer, Steven G. Churchwell
Pepperdine Law Review
The proliferation of rent control laws in many California cities has led to a furious debate concerning its legal, economic, and social consequences. Leading scholars believe that rent control only exacerbates existing housing shortages and excludes the poor, the minority and the elderly from scarce rental housing. This article sets forth the proposition that the fixing of rent ceilings by a local government violates the federal antitrust laws and can be invalidated in federal court.
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities,
2013
Pepperdine University
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco
Pepperdine Law Review
No abstract provided.
States Escape Liability For Copyright Infringement?,
2013
Pepperdine University
States Escape Liability For Copyright Infringement?, Michelle V. Francis
Pepperdine Law Review
No abstract provided.
Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act ,
2013
Pepperdine University
Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze
Pepperdine Law Review
No abstract provided.
Jurisdictional Sequencing,
2013
Washington and Lee University School of Law
Jurisdictional Sequencing, Alan M. Trammell
Scholarly Articles
Jurisdictional sequencing taps into fundamental questions about the nature and role of subject matter jurisdiction and what, if anything, a court may do before it has established jurisdiction. Because the Supreme Court has not rooted the doctrine in a clear theory, jurisdictional sequencing has engendered confusion among judges and scholars, who have been at a loss to explain it. Although a number of courts have embraced the leeway that the doctrine offers—the ability to dismiss a case on easier grounds before taking up harder jurisdictional questions—most scholars have criticized it as illegitimate or incoherent. This Article is the first to …
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?,
2013
Barry University School of Law
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Barry Law Review
This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions,
2013
University of St. Thomas School of Law
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
McGeorge Law Review
No abstract provided.
Bridging The Stream Of Commerce: Recommendations For
Living In The Post-Nicastro Era,
2013
Pacific McGeorge School of Law
Bridging The Stream Of Commerce: Recommendations For Living In The Post-Nicastro Era, Amanda Iler
McGeorge Law Review
No abstract provided.
Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court,
2013
Florida International University College of Law
Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord
Faculty Publications
At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.
This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …
