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.
Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice,
2011
University of Missouri School of Law
Jurisdictional Discovery In Transnational Litigation: Extraterritorial Effects Of United States Federal Practice, S. I. Strong
Faculty Publications
This article describes the device in detail, distinguishing it both practically and theoretically from methods used in other common law systems to establish jurisdiction, and discusses how recent US Supreme Court precedent provides international actors with the means of limiting or avoiding this potentially burdensome procedure.
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making,
2011
Utrecht University - University Medical Center
End-Of-Life Decision-Making In Canada: The Report By The Royal Society Of Canada Expert Panel On End-Of-Life Decision-Making, Udo Schuklenk, Johannes J. M. Van Delden, Jocelyn Downie, Sheila Mclean, Ross Upshur, Daniel Marc Weinstock
Reports & Public Policy Documents
This report on end-of-life decision-making in Canada was produced by an international expert panel and commissioned by the Royal Society of Canada. It consists of five chapters: Chapter 1 reviews what is known about end-of-life care and opinions about assisted dying in Canada, Chapter 2 reviews the legal status quo in Canada with regard to various forms of assisted death, Chapter 3 reviews ethical issues pertaining to assisted death. The analysis is grounded in core values central to Canada’s constitutional order, Chapter 4 reviews the experiences had in a number of jurisdictions that have decriminalized or recently reviewed assisted dying …
Global Problems In Domestic Courts,
2011
Duke Law School
Global Problems In Domestic Courts, Ralf Michaels
Faculty Scholarship
We face an increasing number of problems that are essentially global in nature because they affect the world in its entirety: global cartels, climate change, crimes against humanity; to name a few. These problems require world courts, yet world courts in the institutional sense are largely lacking. Hence, domestic courts must function, effectively, as world courts. Given the unlikelihood of effective world courts in the future, our challenge is to establish under what conditions domestic courts can play this role of world courts effectively and legitimately.
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law,
2011
Indiana University Maurer School of Law
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines,
2011
Vermont Law School
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon
Cardozo Journal of Conflict Resolution
In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Foreign Official Immunity And The "Baseline" Problem,
2011
UC Hastings College of the Law
Foreign Official Immunity And The "Baseline" Problem, Chimène Keitner
Faculty Scholarship
No abstract provided.
Clear Rules - Not Necessarily Simple Or Accessible Ones,
2011
University of Missouri - Kansas City, School of Law
Clear Rules - Not Necessarily Simple Or Accessible Ones, Lumen N. Mulligan
Faculty Works
In The Complexity of Jurisdictional Clarity, 97 VA. L. REV. 1 (2011), Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced. In this response essay, I begin by arguing that Dodson, while offering many valuable insights, does not adequately distinguish between the separate notions of simplicity, clarity, and accessibility. Second, I note that crafting a clarity enhancing rule, even if complex and inaccessible, may be a more promising endeavor than the search for a regime that is at once clear, simple and accessible. In the third section, I contend …
Twenty Years Of Critical Race Theory: Looking Back To Move Forward,
2011
Columbia Law School
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Faculty Scholarship
This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?,
2011
Quinnipiac University School of Law
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein
Oklahoma Law Review
No abstract provided.
Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court,
2011
University of Arkansas Little Rock
Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court, Megan Hargraves
University of Arkansas at Little Rock Law Review
No abstract provided.
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine,
2011
Mitchell Hamline School of Law
Forum, Federalism, And Free Markets: An Empirical Study Of Judicial Behavior Under The Dormant Commerce Clause Doctrine, Mehmet K. Konar-Steenberg, Anne F. Peterson
Faculty Scholarship
This study examines judicial behavior under the dormant Commerce Clause doctrine by drawing on an original database of 459 state and Federal appellate cases decided between 1970 and 2009. The authors use logit regression to show that state judges are more likely to uphold state and local laws against dormant Commerce Clause attack than their Federal judicial counterparts, a result that is consistent with the interstate rivalry issues animating the doctrine. The study also finds that Republican-dominated judicial panels at the state level are more likely to side with tax challengers invoking the dormant Commerce Clause doctrine than are Democratic …
New First Principles? Assessing The Internet's Challenges To Jurisdiction,
2011
University of Ottawa
New First Principles? Assessing The Internet's Challenges To Jurisdiction, Teresa Scassa, Robert J. Currie
Articles, Book Chapters, & Popular Press
The globalized and decentralized Internet has become the new locus for a wide range of human activity, including commerce, crime, communications and cultural production. Activities which were once at the core of domestic jurisdiction have moved onto the Internet, and in doing so, have presented numerous challenges to the ability of states to exercise jurisdiction. In writing about these challenges, some scholars have characterized the Internet as a separate “space” and many refer to state jurisdiction over Internet activities as “extraterritorial.” This article examines these challenges in the context of the overall international law of jurisdiction, rather than focusing on …
Prosecuting Federal Crimes In State Courts,
2011
University of Virginia School of Law
Prosecuting Federal Crimes In State Courts, Michael G. Collins, Jonathan R. Nash
Faculty Articles
Despite the ancient maxim that the courts of one sovereign will not “execute the penal laws of another,” they sometimes do. For example, federal courts can hear state-law criminal prosecutions of federal officers for acts taken in the course of their duties that are brought initially in state court and are then removed to federal court. In addition, some states now open their courthouse doors to officials from other states to pursue tax enforcement actions against delinquent taxpayers. But states still do not (and perhaps cannot) entertain prosecutions of fugitives solely for crimes committed in another state because the Constitution …
Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf,
2011
Duke Law School
Continental Shelf Delimitation Beyond 200 Nautical Miles: Approaches Taken By Coastal States Before The Commission On The Limits Of The Continental Shelf, Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
A New Role For Secondary Proceedings In International Bankruptcies,
2011
University of Michigan Law School
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
Articles
Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank,
2011
Cornell Law School
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton
Cornell Law Faculty Publications
No abstract provided.
