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 …
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.
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.
The S&P Litigation And Access To Federal Court: A Case Study In The Limits Of Our Removal Model,
2013
University of Michigan Law School
The S&P Litigation And Access To Federal Court: A Case Study In The Limits Of Our Removal Model, Gil Seinfeld
Articles
On June 6, 2013, the United States Judicial Panel on Multidistrict Litigation ordered the consolidation of fifteen actions filed by state attorneys general against the Standard & Poor’s rating agency for its role in the collapse of the market for structured finance securities. The cases are important: The underlying events shook markets worldwide and contributed to a global recession, the legal actions themselves take aim at foundational aspects of the way rating agencies go about their business, and the suits threaten the imposition of significant fines and penalties against S&P. So it is unsurprising that the order of the MDL …
The Kiobel Presumption And Extraterritoriality,
2013
Columbia Law School
The Kiobel Presumption And Extraterritoriality, Sarah H. Cleveland
Faculty Scholarship
With its modem rebirth in Filartiga v. Pena-Irala, the Alien Tort Statute (ATS) held out a potentially transformative promise. By establishing a forum in the United States for a victim of torture that had occurred at the hands of a Paraguayan police inspector in Paraguay, the ATS offered to emancipate the state-centered Westphalian system from a narrow focus on territorial sovereignty, and move toward a more globalized community focused on the protection of universal values. The ATS recognized that modem human rights perpetrators, victims, and violations move easily across borders, and that transnational accountability for such violations is in the …
Preliminary Injunction Standards In Massachusetts State And Federal Courts,
2013
Western New England University School of Law
Preliminary Injunction Standards In Massachusetts State And Federal Courts, Arthur D. Wolf
Faculty Scholarship
Concurrent jurisdiction frequently allows attorneys the choice of filing a complaint in state or federal court. State courts presumptively have jurisdiction over claims rooted in federal law. At times, state courts are required to entertain federal claims. Similarly, federal courts have authority over state claims because of diversity, federal question, and supplemental jurisdiction. Many claims are rooted in both state and federal law, such as antitrust, civil rights, environmental, consumer protection, and civil liberties. Confronted with the choice of state or federal court, the attorney must evaluate a variety of factors before deciding in which court to file.
In a …
Defying Gravity: The Development Of Standards In The International Prosecution Of International Atrocity Crimes,
2013
Western New England University School of Law
Defying Gravity: The Development Of Standards In The International Prosecution Of International Atrocity Crimes, Matthew H. Charity
Faculty Scholarship
The International Criminal Court (the “ICC”), now one decade old, is still in the process of setting norms as to scope, jurisdiction, and other issues. One issue that has thus far defied resolution is a key issue of jurisdiction: the place of complementarity in deciding whether certain criminal issues impacting international standards or interests should be decided before the ICC or national tribunals. Although the Rome Statute crystallizes definitions of core international crimes that may be tried before the ICC, the process of determining whether to leave jurisdiction with the nation or allowing jurisdiction to the ICC continues to lack …
The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government,
2013
University of St. Thomas School of Law (Minneapolis)
The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government, Gregory C. Sisk
Indiana Law Journal
No abstract provided.
