Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development,
2012
Pepperdine University
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Pepperdine Law Review
No abstract provided.
Jurisdictional Procedure,
2012
William & Mary Law School
Jurisdictional Procedure, Justin Pidot
William & Mary Law Review
Scholars have lavished attention on the substance of jurisdictional doctrines such as standing, mootness, diversity, and federal question. They have left largely unexamined, however, the procedures courts use to address these doctrines; collectively, I refer to these procedures as “jurisdictional procedure.” A paramount feature of jurisdictional procedure is the unique and virtually unqualified obligation federal courts possess to identify and decide issues of subject matter jurisdiction even if the parties and lower courts overlook these issues. Courts have reached no consensus about how to identify the facts necessary to effectuate this obligation. The confluence of court-initiated legal inquiry and unpredictable …
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach,
2012
Pepperdine University
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits,
2012
University of Michigan Law School
The Case Against Combating Bittorrent Piracy Through Mass John Doe Copyright Infringement Lawsuits, Sean B. Karunaratne
Michigan Law Review
Today, the most popular peer-to-peer file-sharing medium is the BitTorrent protocol. While BitTorrent itself is not illegal, many of its users unlawfully distribute copyrighted works. Some copyright holders enforce their rights by suing numerous infringing BitTorrent users in a single mass lawsuit. Because the copyright holder initially knows the putative defendants only by their IP addresses, it identifies the defendants anonymously in the complaint as John Does. The copyright holder then seeks a federal court's permission to engage in early discovery for the purpose of learning the identities behind the IP addresses. Once the plaintiff knows the identities of the …
International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case,
2012
Vanderbilt University Law School
International Law In Domestic Courts And The Jurisdictional Immunities Of The State Case, Ingrid Wuerth
Vanderbilt Law School Faculty Publications
National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, as well as the ICJ’s judgment itself, raise two questions about the relationship between executive branches and courts. First, if national court decisions conflict with the views of the forum state’s executive branch, which controls for the purpose of determining state practice in customary international law? Secondly, are national courts more likely to produce ‘outlier’ decisions that challenge or undermine existing international law when the forum state’s …
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button,
2012
Pepperdine University
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
Pepperdine Law Review
No abstract provided.
Remand: One Constitution, One Standard,
2012
Pepperdine University
Remand: One Constitution, One Standard, Stephen E. Abraham, William M. Hensley
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000,
2012
Pepperdine University
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit,
2012
Indiana University - Maurer School of Law, Bloomington, IN
Let's Talk About Text: Contracts, Claims, And Judicial Philosophy At The Federal Circuit, Andrew T. Langford
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit,
2012
Woodard, Emhardt, Moriarty, McNett & Henry LLP, Indianapolis, IN
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn,
2012
Benjamin N. Cardozo School of Law
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Articles
This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court,
2012
University of Miami Law School
Universal Civil Jurisdiction And The Extraterritorial Reach Of The Alien Tort Statute: The Case Of Kiobel Before The United States Supreme Court, Paul Barker
University of Miami International and Comparative Law Review
No abstract provided.
Erie, Swift, And Legal Positivism,
2012
William & Mary Law School
Erie, Swift, And Legal Positivism, Michael S. Green
Popular Media
No abstract provided.
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration ,
2012
Pepperdine University
Testing The Borders: The Boundaries Of State And Local Power To Regulate Illegal Immigration , Brittney M. Lane
Pepperdine Law Review
No abstract provided.
Piracy Prosecutions In National Courts,
2012
Cornell Law School
Piracy Prosecutions In National Courts, Maggie Gardner
Cornell Law Faculty Publications
At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …
Redeeming Erie: A Response To Suzanna Sherry ,
2012
Pepperdine University
Redeeming Erie: A Response To Suzanna Sherry , Donald Earl Childress Iii
Pepperdine Law Review
No abstract provided.
Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time,
2012
Pepperdine University
Wrong, Out Of Step, And Pernicious: Erie As The Worst Decision Of All Time, Suzanna Sherry
Pepperdine Law Review
This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude Rains’s memorable line in Casablanca: “Round up the usual suspects.” Two things saved this symposium from that fate. First, each of the usual suspects was appointed defense counsel, which made things more interesting. Second, a new face found its way into the line-up: Erie Railroad v. Tompkins. My goal in this essay is to explain why Erie is in fact guiltier than all of the …
"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law,
2012
Villanova University School of Law
"Perverts," "Terrorists," And Business As Usual: Fantasies And Genealogies Of U.S. Law, Penelope Pether
Cardozo Law Review
No abstract provided.
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors,
2012
Pepperdine University
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime,
2012
University of Miami Law School
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne
University of Miami Business Law Review
The U.S. Supreme Court's 2009 decision in Ashcroft v. Iqbal placed a squeeze on the once touted liberal Federal Rules of Civil Procedure by requiring judges to consider the veracity of potential plaintiffs' federal claims in light of Iqbal's new heightened pleading standard. This article examines post-Iqbal pleading standards across United States jurisdictions and argues that states should exert caution before choosing to adopt Iqbal's new "plausibility" standard, and if they elect to modify their pleading standards in light of the Iqbal decision, they should also carefully contemplate their method of adoption.
