Topic
Subject Matter Jurisdiction
Posts
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ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
ArticleVol. 102 · Iss. 5
Judicial Imperialism: The Supreme Court’s Assault on Tribal Sovereignty and the Rule of Law
The post-1970s Supreme Court has abandoned precedents supporting tribal self-governance and devised new theories to strip tribes of sovereign powers. The Supreme Court’s assault…
Adam Crepelle -
CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
Online2023
Standardizing Appeals From Domestic Dependent Sovereign Courts
The U.S. Supreme Court’s historic decision in McGirt v. Oklahoma held that much of northeastern Oklahoma is Native American land. As a result, the…
Campbell Sode -
ArticleVol. 99 · Iss. 2
Diversity Jurisdiction and the Common-Law Scope of the Civil Action
Introduction and Summary of Argument Federal law generally grants federal district courts subject-matter jurisdiction over prescribed “civil actions.” But despite the ubiquity of the…
Patrick Woolley -
ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
Online2021
Appellate Jurisdiction in Sanchez-Gomez: A Hard Case That Should Be Easy
Introduction In 2013, the Southern District of California adopted a rule requiring all criminal defendants to appear in full restraints—hands cuffed and…
Bryan Lammon -
ArticleVol. 91 · Iss. 4
Pushing the Limits of Jurisdiction Over Foreign Actors Under the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (the “FCPA”) is the primary law used by the United States to combat global corruption and bribery. As anti-corruption…
Natasha N. Wilson -
NoteVol. 91 · Iss. 3
Rebutting the Roberts Court: Reinventing the Collateral Order Doctrine Through Judicial Decision Making
A civil procedure revival has quietly been underway since the inception of the Roberts Court in 2005. Unnoticed and sweeping changes may be in…
Michael E. Harriss -
NoteVol. 90 · Iss. 4
A Trying Balance: Determining the Trier of Fact in Hybrid Admiralty-Civil Cases
Although admiralty is among the law’s oldest practices, it continues to play a vital role in modern litigation—whether that be through the transportation of…
Lily Kurland -
ArticleVol. 90 · Iss. 3
The Decline of Class Actions
This Article argues that in recent years courts have cut back sharply on plaintiffs’ ability to bring class action lawsuits, thereby undermining the compensation,…
Robert H. Klonoff -
CommentaryVol. 89 · Iss. 2
Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs
This Article reviews the conduct and effects tests and the Supreme Court‘s decision in Morrison. It then addresses the new transactional rule‘s impact on…
Paul B. Maslo