In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction,
2013
Loyola University Chicago, School of Law
In The Courts: Special Immigrant Juvenile Status And The Problem Of Federal Consent To State Jurisdiction, Katherine Hinkle
Children's Legal Rights Journal
No abstract provided.
Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co.,
2013
University of Maryland Francis King Carey School of Law
Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran
Maryland Journal of International Law
No abstract provided.
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute,
2013
University of Maryland Francis King Carey School of Law
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.
Kiobel, Unilateralism, And The Retreat From Extraterritoriality,
2013
University of Maryland Francis King Carey School of Law
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Maryland Journal of International Law
No abstract provided.
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint,
2013
University of Maryland Francis King Carey School of Law
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute,
2013
University of Maryland Francis King Carey School of Law
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker
Maryland Journal of International Law
No abstract provided.
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction,
2013
University of Maryland Francis King Carey School of Law
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo
Maryland Journal of International Law
No abstract provided.
The Alien Tort Statute As Transnational Law,
2013
University of Maryland Francis King Carey School of Law
The Alien Tort Statute As Transnational Law, Jaye Ellis
Maryland Journal of International Law
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terror",
2013
University of Maryland Francis King Carey School of Law
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel,
2013
The Catholic University of America, Columbus School of Law
Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson
Scholarly Articles
The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …
Reverse-Commandeering,
2013
Duke Law School
Reverse-Commandeering, Margaret Hu
Faculty Scholarship
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice,
2013
Duke Law School
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
Faculty Scholarship
The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses,
2013
Duke Law School
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party,
2013
Duke Law School
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Stephen E. Sachs
Faculty Scholarship
The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct.
If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, and that the defendant¹s only remedy is a transfer motion under § 1404.
Both sides are wrong. Forum-selection …
A General Defense Of Erie Railroad Co. V. Tompkins,
2013
Duke Law School
A General Defense Of Erie Railroad Co. V. Tompkins, Ernest A. Young
Faculty Scholarship
Erie Railroad Co. v. Tompkins was the most important federalism decision of the Twentieth Century. Justice Brandeis’s opinion for the Court stated unequivocally that “[e]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. . . . There is no federal general common law.” Seventy-five years later, however, Erie finds itself under siege. Critics have claimed that it is “bereft of serious intellectual or constitutional support” (Michael Greve), based on a “myth” that must be “repressed” (Craig Green), and even “the worst decision …
Exhuming The “Diversity Explanation” Of The Eleventh Amendment,
2013
Duke Law School
Exhuming The “Diversity Explanation” Of The Eleventh Amendment, Thomas D. Rowe Jr.
Faculty Scholarship
This essay, in a symposium honoring the scholarship of Ninth Circuit Judge William A. Fletcher, explores the “diversity explanation” of the Eleventh Amendment that he had advanced in articles while he was a UC-Berkeley law professor. That explanation, contrary to existing Supreme Court doctrine that heavily constitutionalizes state sovereign immunity from suits by private parties and foreign countries, would view the Eleventh Amendment as having solely to do with federal courts’ constitutional jurisdiction and nothing to do with states’ sovereign immunity. The essay notes the cleanness of interpretation provided by the diversity explanation, in contrast with the convoluted nature of …
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy,
2013
Fordham University
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson
Faculty Scholarship
These opening lines from Chevron's website of "facts about Chevron and Texaco in Ecuador" refer to the latest salvo in a long-running environmental dispute concerning a Texaco subsidiary's Ecuadorian oil-drilling activities. Chevron resisted enforcement in the United States of an Ecuadorian court's $18 billion judgment, and the plaintiffs are seeking to enforce the judgment against Chevron in various courts around the world. Chevron's account suggests that the plaintiffs' lawyers are engaged in improper forum-shopping. The plaintiffs'lawyers, according to Chevron, ought to pursue enforcement of the judgment in the United States.
Personal Jurisdiction And Choice Of Law In The Cloud,
2013
University of Maryland Francis King Carey School of Law
Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman
Maryland Law Review
No abstract provided.
Theorizing Forms For Social Enterprise,
2013
Brooklyn Law School
Theorizing Forms For Social Enterprise, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade,
2013
University of Maryland Francis King Carey School of Law
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
Journal of Business & Technology Law
No abstract provided.
