Israel's Supreme Court Appellate Jurisdiction: An Empirical Study,
2011
Cornell Law School
Israel's Supreme Court Appellate Jurisdiction: An Empirical Study, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi
Cornell Law Faculty Publications
This Essay reports the results of an empirical study of the Israel Supreme Court (ISC). It covers the outcomes of 3,562 cases (as of this writing), all decided in 2006 and 2007, and describes the cases by subject area, litigant-pair characteristics, and source of jurisdiction - mandatory or discretionary. In mandatory-jurisdiction cases ending with clear affirmances or reversals, the ISC affirmed lower court rulings in about 75% of district court criminal case appeals and about 67% of district court civil case appeals. In discretionary- jurisdiction cases, the ISC rarely granted review. It agreed to review about 6 % of petitions …
Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile,
2011
Benjamin N. Cardozo School of Law
Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky
Articles
The United States' worldwide taxation of its citizens is less different from international, residence-based norms than is widely believed and is sensible as a matter of tax policy. An individual's citizenship is an administrable, if sometimes overly broad, proxy for his domicile, his permanent home. Both citizenship and domicile measure an individual's permanent allegiance rather than his immediate physical presence. Because citizenship and domicile resemble each other, and because other nations often define residence for tax purposes as domicile, the U.S. system of citizenship-based taxation typically reaches the same results as the residence-based systems of these other nations, but reaches …
Name Calling On The Internet: The Problems Faced By Victims Of Defamatory Content In Cyberspace,
2011
, Benjamin N. Cardozo School of Yeshiva University, LL.M. candidate
Name Calling On The Internet: The Problems Faced By Victims Of Defamatory Content In Cyberspace, Sarudzai Chitsa
Cornell Law School Inter-University Graduate Student Conference Papers
In the past decade or so, internet libel has become one of the hot topics in internet law. Internationally, courts have dealt with an enormous amount of cases brought by both the suppliers and consumers of the internet services. Although the advent of the World Wide Web has come with many legal problems; this paper will only focus at the problems that are being faced by the victims of defamatory speech on the internet in trying to seek compensation through the courts. These problems include, inter alia, the reluctance of the courts in unmasking the identity of the authors of …
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Can A State Seize An Internet Gambling Website's Domain Name? An Analysis Of The Kentucky Case, Kirk D. Homeyer
UNLV Gaming Law Journal
The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural …
Reparations For Displaced Torture Victims,
2011
Yeshiva University, Cardozo School of Law
Reparations For Displaced Torture Victims, Kathryn Metcalf
Cardozo Journal of International and Comparative Law
The note argues that universal civil jurisdiction is a necessary and viable legal framework to ensure reparations for displaced torture victims, despite challenges such as state immunity and political concerns. It advocates for states to adopt measures like the proposed UK Torture Damages Bill to provide victims with a consistent and reliable path to justice, emphasizing the moral and legal imperative to uphold international prohibitions on torture.
Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts,
2011
Yeshiva University, Cardozo School of Law
Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts, James Fantau
Cardozo Journal of International and Comparative Law
The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.
Assessing The State Of State Constitutionalism,
2011
Vanderbilt University Law School
Assessing The State Of State Constitutionalism, Jim Rossi
Vanderbilt Law School Faculty Publications
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s welcome new book, The Law of American State Constitutions (Oxford University Press, 2009). After summarizing the content of Williams’s book, it discusses the normative significance of his work, focusing especially on his discussion of independent state constitutions and the positive theory of interpretation he advances. The essay concludes by highlighting some areas where the field of state constitutional law is in need of further advancement, including research that positions state constitutions within …
"Arise Out Of" Or "Related To": Textualism
And Understanding Precedent Through
Interpretatio Objectificata, "Objectified
Interpretation"—A Four Step Process To
Resolve Jurisdiction Questions Utilizing The
Third Circuit Test In O’Connor As A Uniform
Standard,
2011
Washington and Lee University School of Law
"Arise Out Of" Or "Related To": Textualism And Understanding Precedent Through Interpretatio Objectificata, "Objectified Interpretation"—A Four Step Process To Resolve Jurisdiction Questions Utilizing The Third Circuit Test In O’Connor As A Uniform Standard, Victor N. Metallo
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Girl Next Door: A Comparative
Approach To Prostitution Laws And Sex
Trafficking Victim Identification Within The
Prostitution Industry,
2011
Washington and Lee University School of Law
The Girl Next Door: A Comparative Approach To Prostitution Laws And Sex Trafficking Victim Identification Within The Prostitution Industry, Gail M. Deady
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Law Day Oral Argument Session 5th District Court Of Appeal, 2011,
2011
Florida A&M University College of Law
Law Day Oral Argument Session 5th District Court Of Appeal, 2011, Honorable Kerry I. Evander, Presiding Judge, Honorable Jay P. Cohen, Honorable Bruce W. Jacobus
Law Day Presentations
As part of the fifth annual Law Day event, a three judge panel from the Florida Fifth District Court of Appeal is hearing appellate oral arguments in the FAMU College of Law Ceremonial Moot Courtroom. The first arguments are regarding evidence and jury instruction issues; the second case involves real property, mortgages and liens, as well as jurisdiction issues; the final arguments are regarding juror non-disclosure. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.
Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy,
2011
University of Louisiana Monroe
Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter
Georgia Journal of Public Policy
Crime policy is subject to the policy process just like other governmental policies. An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city. Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback. The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work. The success of that police work relative to the reported crime first depends on whether the …
The Complexities Of Judicial Takings,
2011
Widener University School of Law
The Complexities Of Judicial Takings, D. Benjamin Barros
University of Richmond Law Review
No abstract provided.
The Complexity Of Jurisdictional Clarity,
2011
University of California Hastings College of Law
The Complexity Of Jurisdictional Clarity, Scott Dodson
Faculty Publications
The ideal of clear and simple jurisdictional rules seems like a no-brainer. Clarity in areas of subject-matter jurisdiction generally reduces the cost of litigating those issues and thus preserves litigant and judicial resources for the merits of a dispute. As a result, scholars and justices regularly promote the rhetoric of jurisdictional clarity. Yet no one has probed that rhetoric or reconciled it with the reality of subject-matter jurisdiction doctrine, which is anything but clear and simple. This Article begins to fill that gap, and, in the process, shifts the perspective of existing conversations between rules and standards and between mandates …
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York,
2011
Benjamin N. Cardozo School of Law
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York, Michael A. Mcgarry Jr.
Cardozo Law Review
No abstract provided.
The Structural Safeguards Of Federal Jurisdiction,
2011
William & Mary Law School
The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Faculty Publications
Scholars have long debated Congress’s power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress’s authority (if any) must be judicially enforceable and found in the text and structure of Article III. In this Article, I challenge that fundamental assumption. I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I. These Article I lawmaking procedures give competing political factions (even political minorities) considerable power to “veto” legislation. Drawing on recent social science and legal scholarship, I argue that political factions are particularly likely …
After Deference: Formalizing The Judicial Power For Foreign Relations Law,
2011
Benjamin N. Cardozo School of Law
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
Articles
How much deference should courts afford executive branch interpretations of statutes and treaties? The question that has long engaged foreign relations scholars has found new salience as it has become apparent in recent years that the Supreme Court will neither abstain nor reliably defer to presidential judgment even in cases implicating national security. As the courts grapple with the scope of detention authority granted by Congress’ 2001 Authorization for the Use of Military Force, or the limits on that authority under the Geneva Conventions, a number of scholars have embraced administrative law deference doctrines such as that in Chevron v. …
The Demise Of “Drive-By Jurisdictional Rulings”,
2011
Northwestern Pritzker School of Law
The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman
NULR Online
In an October 2009 Term marked by several significant constitutional rulings, the Supreme Court quietly continued an important multi-term effort towards defining which legal rules properly should be called "jurisdictional." In each of four cases that considered the issue, the Court unanimously rejected a jurisdictional characterization of the challenged legal rule. These cases continue an almost uninterrupted retreat from the Court's admittedly "profligate" and "less than meticulous" use of the term. The Court now rejects "drive-by jurisdictional rulings," in which a legal rule has been labeled as jurisdictional only through "unrefined" analysis, without rigorous consideration of the label's meaning or …
A Realist Defense Of The Alien Tort Statute,
2011
Valparaiso University School of Law
A Realist Defense Of The Alien Tort Statute, Robert Knowles
Law Faculty Publications
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia,
2011
Barry University School of Law
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Barry Law Review
This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.
The Exercise Of Jurisdiction By The International Criminal Court Over Palestine,
2011
Bynkershoek Institute, The Hague University
The Exercise Of Jurisdiction By The International Criminal Court Over Palestine, William Thomas Worster
American University International Law Review
No abstract provided.
