A Reappraisal Of General And Limited Jurisdiction In California ,
2013
Pepperdine University
A Reappraisal Of General And Limited Jurisdiction In California , Thomas Kallay
Pepperdine Law Review
The ability of a California court to assert jurisdiction over business enterprises currently depends upon how the court characterizes the nature and extent of the business's activities within the state. If the in-state business activities of a particular concern are extensive, California courts will exercise all-encompassing general jurisdiction over the cause of action, but if the activities are insufficient to warrant the exercise of general jurisdiction, which has been invariably the case, the court will then turn to a consideration of limited jurisdiction, which jurisdiction depends upon the quality and nature of the business's activities in the forum in relation …
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts,
2013
Pepperdine University
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen
Pepperdine Law Review
No abstract provided.
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor,
2013
Pepperdine University
The Supreme Court Continues Its Journey Down The Ever Narrowing Paths Of Section 1983 And The Due Process Clause: An Analysis Of Parratt V. Taylor, Robert E. Palmer
Pepperdine Law Review
After nearly a century of quiet slumber, the Supreme Court awoke the sleeping giant. In the past two decades, 42 U.S.C. §1983 has evolved into a judicial Frankenstein monster. Unable to control the beast, the Court has attempted to restrict the creature's movements by unnecessarily limiting its constitutional source. If followed to its logical conclusion, the Court's narrow reading of the Constitution may ultimately demote all due process violations to state tort remedies. This note traces the legislative and judicial evolution of section 1983 as well as the statute's present interaction with the due process clause. The vehicle for this …
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.
