Proof Of Classwide Injury,
2012
University of Miami School of Law
The Problem Of Trans-National Libel,
2012
University of Miami School of Law
The Problem Of Trans-National Libel, Lili Levi
Articles
Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy,
2012
University of Oklahoma College of Law
Kiss The Ring, But Never Touch The Crown: How U.S. Policy Denies Indian Women Bodily Autonomy And The Save Native Women Act's Attempt To Reverse That Policy, Hossein Dabiri
American Indian Law Review
No abstract provided.
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases,
2012
Duke Law School
Aiming At The Wrong Target: The "Audience Targeting" Test For Personal Jurisdiction In Internet Defamation Cases, Sarah H. Ludington
Faculty Scholarship
In Young v. New Haven Advocate, 315 F.3d 256 (4th Cir. 2002), the Fourth Circuit crafted a jurisdictional test for Internet defamation that requires the plaintiff to show that the defendant specifically targeted an audience in the forum state for the state to exercise jurisdiction. This test relies on the presumption that the Internet — which is accessible everywhere — is targeted nowhere; it strongly protects foreign libel defendants who have published on the Internet from being sued outside of their home states. Other courts, including the North Carolina Court of Appeals, have since adopted or applied the test. The …
Introduction,
2012
Duke Law School
The Future Of Internet-Related Personal Jurisdiction After Goodyear Dunlap Tires V. Brown And J. Mcintyre V. Nicastro,
2012
The Catholic University of America, Columbus School of Law
The Future Of Internet-Related Personal Jurisdiction After Goodyear Dunlap Tires V. Brown And J. Mcintyre V. Nicastro, Megan M. La Belle
Scholarly Articles
For the past two decades, courts have struggled with the question of how Internet-related contacts should be treated in the personal jurisdiction analysis. Some courts have utilized the traditional minimum contacts framework of International Shoe v. Washington , while others have devised new tests to accommodate this technological evolution. So when the US Supreme Court granted certiorari in two personal jurisdiction cases last term— Goodyear Dunlap Tires v. Brown and J. McIntyre v. Nicastro — many believed these unsettled questions of Internet related personal jurisdiction would finally be resolved. Disappointingly for litigants, lower courts, and academics, however, Goodyear and McIntyre …
Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894,
2011
University of Washington School of Law
Reply Brief For Petitioner. Kloeckner V. Solis, 568 U.S. 41 (2012) (No. 11-184), 2011 U.S. S. Ct. Briefs Lexis 2894, Eric Schnapper, Larry J. Stein, Antony J. Franze, R. Reeves Anderson, R. Stanton Jones
Court Briefs
No abstract provided.
Securing Sovereign State Standing,
2011
William & Mary Law School
Securing Sovereign State Standing, Katherine Mims Crocker
Faculty Publications
No abstract provided.
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis,
2011
William & Mary Law School
The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer
Faculty Publications
Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure,
2011
University of Arkansas Little Rock
Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich
The Journal of Appellate Practice and Process
No abstract provided.
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws,
2011
Northern Illinois University School of Law
State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox
Cardozo Law Review
Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …
Series Llcs In Real Estate Transactions,
2011
Brooklyn Law School
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals,
2011
University of Miami Law School
National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern
University of Miami International and Comparative Law Review
This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence,
2011
Benjamin N. Cardozo School of Law
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Cardozo Law Review
No abstract provided.
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos
UNLV Gaming Law Journal
In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra,
2011
Moritz College of Law, Ohio State University
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Michigan Journal of International Law
The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …
The Repressible Myth Of Shady Grove,
2011
Cornell Law School
The Repressible Myth Of Shady Grove, Kevin M. Clermont
Cornell Law Faculty Publications
This Article untangles the effects of the Supreme Court's latest word on the Erie doctrine, by taking the vantage point of a lower court trying to uncover the logical implications of the Court's new pronouncement. First, Shady Grove lightly confirms the limited role of constitutional constraints. Second, it sheds only a little light on judicial choice-of-law methodology. Third, by contrast, it does considerably clarify the conflict between Federal Rules and state law: if a Rule regulates procedure, then it is valid and applicable without exception in all federal cases, to the extent of its coverage; in determining the Rule's coverage, …
Agency Independence After Pcaob,
2011
Vanderbilt University Law School
Agency Independence After Pcaob, Kevin M. Stack
Cardozo Law Review
No abstract provided.
Must The House Always Win?: A Critique Of Rousso V. State,
2011
Seattle University School of Law
Must The House Always Win?: A Critique Of Rousso V. State, Rachel J. Schaefer
Seattle University Law Review
Gambling enthusiasts in Washington may be dismayed to learn that while it is legal to place a wager at one of the numerous brick-and-mortar casinos located in the state, placing the same wager over the Internet is a crime. This result arises from a 2006 amendment to Washington Revised Code 9.46.240 (the Gambling Act), which effectively bans individuals from placing bets or wagers over the Internet from Washington. In addition to prohibiting bets made by individuals, the law also prohibits Internet gambling businesses from receiving bets placed by individuals in Washington—even if those gambling businesses operate far from the state’s …
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy,
2011
Seattle University School of Law
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Seattle University Law Review
In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …
