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Part of the Jurisdiction Commons

2020

The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions, Linda S. Mullenix
BYU Law Review

A State Is a “They,” Not an “It”: Intrastate Conflicts in Multistate Challenges to the Affordable Care Act, Anthony Johnstone
BYU Law Review

Class Actions, Jurisdiction, and Principle in Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review

The California Coastal Commission’s Efforts to Provide Affordable Overnight Accommodations by Preempting Cities’ Constitutional Police Power, Taylor Smith
BYU Law Review

2017

Boundary Dispute: The Presumption Against Extraterritoriality as Judicial Nondelegation, Luke Bell
BYU Law Review

2016

Wonky Walden: The Dizzying New Personal Jurisdiction Rule, Adam Balinski
BYU Law Review

2014

Is the Clean Water Act's Diligent Prosecution Bar Jurisdictional? A Journey into Discovering Congressional Intent, Szonja Ludvig
BYU Law Review

2012

Involuntary Imports: Williams v. Lutwak, the Defense of Marriage Act, Federalistm, and 'Thick' and 'Thin' Conceptions of Marriage, Lynn D. Wardle
Faculty Scholarship

2010

Can States "Just Say No" to Federal Health Care Reform? The Constitutional and Political Implications of State Attempts to Nullify Federal Law, Ryan Card
BYU Law Review

2008

A Personal Jurisdiction Dilemma: Collateral Attacks on Foreign Judgments in U.S. Recognition Proceedings, J. Chad Mitchell
Brigham Young University International Law & Management Review

"Manifest" Destiny?: How Some Courts Have Fallaciously Come To Require a Greater Showing of Congressional Intent for Jurisdictional Exhaustion Than They Require for Preemption, Colin Miller
BYU Law Review

2007

The Hague Convention on Choice of Court Agreements: Creating an International Framework for Recognizing Foreign Judgements, Matthew B. Berlin
Brigham Young University International Law & Management Review

2006

On Law, Wars, and Mercenaries: The Case for Courts-Martial Jurisdiction over Civilian Contractor Misconduct in Iraq, Wm. C. Peters
BYU Law Review

2004

Ten Years of Pena: Revisiting the Utah Mixed Question Standard of Appellate Review, Andrew Franklin Peterson
Brigham Young University Journal of Public Law

2003

Intervening in the Case (or Controversy): Article III Standing, Rule 24 Intervention, and the Conflict in the Federal Courts, Tyler R. Stradling, Doyle S. Byers
BYU Law Review

Who Makes the Call on Capital Punishment? How Ring v. Arizona Clarifies the Apprendi Rule and the Implications on Capital Sentencing , Sim?n Cantarero
Brigham Young University Journal of Public Law

2002

Arising Under Jurisdiction in the Federalism Renaissance: Verizon Maryland Inc. v. Public Service Commission of Maryland,
BYU Law Review

2001

Which of the Preparatory Commission's Latest Proposals for the Definition of the Crime of Aggression and the Exercise of Jurisdiction Should Be Adopted into the Rome Statute of the International Criminal Court?, Rachel Peirce
Brigham Young University Journal of Public Law

2000

The Effect of the United States Supreme Court's Decisions During the Last Quarter of the Nineteenth Century on Tribal Criminal Jurisdiction, Christopher B. Chaney
Brigham Young University Journal of Public Law

1998

www.international_shoe.com: Analyzing Weber v. Jolly Hotel's Paradigm for Personal Jurisdiction in Cyberspace, Russell D. Shurtz
BYU Law Review

Sierra Club v. San Antonio: In Search of the Appropriate Application of the Burford Abstention, David Carter
Brigham Young University Journal of Public Law

1997

Congressional Power Over Federal Court Jurisdiction: A Defense of the Neo-Federalist Interpretation of Article IIl, Robert J. Pushaw Jr.
BYU Law Review

Erie Awry: A Comment on Gasperini v. Center for Humanities, Inc., C. Douglas Floyd
BYU Law Review

Nkacoang u. INS: A Complementary Theory for Denying Reinstatement of Voluntary Departure, Richard Cameron Blake
BYU Law Review

1996

Class Actions and Supplemental Jurisdiction: Will Zahn v. International Paper Co. Remain Viable?, Christopher P. Simkins
BYU Law Review

Introduction: Multijurisdictional Water Resources Regulation, Ray Jay Davis
Brigham Young University Journal of Public Law

Who Will Control the Future of Indian Gaming? "A Few Pages of History Are Worth a Volume of Logic", Kevin J. Worthen, Wayne R. Farnsworth
BYU Law Review

Shanaghan v. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton
BYU Law Review

1995

The Discretionary Exercise of Supplemental Jurisdiction Under the Supplemental Jurisdiction Statute, Jon D. Corey
BYU Law Review

The ALI, Supplemental Jurisdiction, and the Federal Constitutional Case, C. Douglas Floyd
BYU Law Review

Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States v. Lopez, Kelly G. Black
BYU Law Review

The ALI's Complex Litigation Project and Federal-To-State Consolidation: A Due Process Analysis of Granting to State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review

1992

State v. Perank: Is the Uintah-Ouray Reservation ''Nailed Down Upon the Border"?, David R. Williams
BYU Law Review

Congress Stopped Short in Amending the Law of Venue in Patent Infringement Cases: VE Holding Corp. v. Johnson Gas Appliance Co., Darin J. Gibby
BYU Law Review

International Extradition: Issues Arising Under the Dual Criminality Requirement, Jonathan O. Hafen
BYU Law Review

1991

Pragmatism Without Politics-A Half Measure of Authority for Jurisdictional Common Law, Gene R. Shreve
BYU Law Review

1990

To Be or Not to Be: The Validity of Pendent Party Jurisdiction Remains Unanswered After Finley v. United States, Janis T. Butler
Brigham Young University Journal of Public Law

Diversity Jurisdiction, Larry Kramer
BYU Law Review

Jurisdiction Over Civil Tax Cases, Larry Kramer
BYU Law Review

The Demise of Pendent and Ancillary Jurisdiction, Thomas M. Mengler
BYU Law Review

Rationalizing Removal, Charles Rothfeld
BYU Law Review

Shedding New Light on an Old Debate: A Federal Indian Law Perspective on Congressional Authority to Limit Federal Question Jurisdiction, Kevin J. Worthen
Faculty Scholarship

1988

Subject Matter Jurisdiction as a New Issue on Appeal: Reining in an Unruly Horse, Robert J. Martineau
BYU Law Review

In re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks
BYU Law Review

Who is an Indian?: Duro v. Reina's Examination of Tribal Sovereignty and Criminal Jurisdiction over Nonmember Indians, Patricia Owen
BYU Law Review

FSLIC Claims Exclusive Jurisdiction to Adjudicate Claims Against Assets It Holds as Receiver: Is It Proper?, Dan H. Matthews
BYU Law Review

1986

Reflections on a Landmark: Shaffer v. Heitner Viewed from a Distance, Earl M. Maltz
BYU Law Review

Minimum Contacts in Single Contract Cases: Burger King Has Its Way, Ducan E. Barber
BYU Law Review

1985

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles to Properly Dispose of Tucker Act Claims Within the Exclusive Jurisdiction of the Claims Court, Paul L. Caron
BYU Law Review

Overturning Bellas Hess: Due Process Considerations, Sandra B. McCray
BYU Law Review

1984

State Declaratory Judgment Actions "Arising Under" Federal Law: Franchise Tax Board v. Construction Laborers Vacation Trust, Steven Chidester
BYU Law Review

1983

An Assessment of State and Federal Jurisdiction to Regulate Access Charges After the AT&T Divestiture, Jeffery A. Robinson
BYU Law Review

Justice O'Connor: A First Term Appraisal, Robert E. Riggs
BYU Law Review

Cooperative Federalism for the Coastal Zone and the Outer Continental Shelf: A Legislative Proposal, Michele Mitchell
BYU Law Review

Jurisdiction Over the Travel Industry: A Proposal to End It's Preferential Treatment, William J. Knudsen Jr.
BYU Law Review

1982

Exclusive Original Jurisdiction of the United States Supreme Court: Does It Still Exist?, Julie Vick Stevenson
BYU Law Review

The Use of a Rule 37(b)(2)(A) Sanction to Establish In Personam Jurisdiction, Jeffrey A. Robinson
BYU Law Review

1981

Doing Business on an Indian Reservation: Can The Non-Indian Enforce His Contract With the Tribe?, Richard M. Grimsrud
BYU Law Review

1980

Expanding Federal Court Jurisdiction of Railway Labor Minor Disputes: Richins v. Southern Pacific, Richard H. Page
BYU Law Review

1979

Tucker Act Jurisdiction over Breach of Trust Claims, Gregory K. Orme
BYU Law Review

Government Contracts-Illegal Contracts-Jurisdiction of Court of Claims to Grant a Quantum Meruit Recovery- Yosemite Park & Curry Co. v. United States, 582 F.2d 552 (Ct. C1. 1978).,
BYU Law Review

1978

Tribal Sovereignty and the Supreme Court's 1977-1978 Term,
BYU Law Review

1977

Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction over Non-Indian - Oliphant v. Schlie, Morris D. Linton
BYU Law Review

The Erosion of Erie in the Federal Courts: Is State Law Losing Ground?, David A. Thomas
BYU Law Review