Relevant bibliographies by topics / Jurisdictional issues

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Jurisdictional issues'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Jurisdictional issues"

1

Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.60.

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The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.13.

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The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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Loewen, Peter John, and Michael Kenneth MacKenzie. "Service Representation in a Federal System: A Field Experiment." Journal of Experimental Political Science 6, no. 02 (November 21, 2018): 93–107. http://dx.doi.org/10.1017/xps.2018.21.

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AbstractFederal systems can also provide citizens with multiple avenues to obtain service representation. In shared issue areas, citizens are officially represented by two sets of politicians. When politicians are willing to cross jurisdictional boundaries, citizens might also obtain help or information from more than one set of politicians, even in areas of exclusive jurisdiction. We report an experiment designed to examine responses to requests for assistance in different issue areas. Our sample includes 202 Canadian politicians, each of whom received two requests for assistance from fictional constituents. We show that federal arrangements can enhance service representation. On average, politicians are as helpful on issues of shared jurisdiction as issues of exclusive jurisdiction. They are less helpful for issues outside of their jurisdiction. These results suggest that federal arrangements can work to provide citizens with multiple access points to their representative, even in areas that fall outside their representatives’ jurisdictional purviews.
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Svantesson, Dan. "JURISDICTIONAL ISSUES IN CYBERSPACE." Computer Law & Security Review 17, no. 5 (September 2001): 318–25. http://dx.doi.org/10.1016/s0267-3649(01)00507-6.

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Svantesson, Dan. "JURISDICTIONAL ISSUES IN CYBERSPACE." Computer Law & Security Review 18, no. 3 (May 2002): 191–96. http://dx.doi.org/10.1016/s0267-3649(02)00511-3.

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Svantesson, Dan Jerker B. "Against ‘Against Data Exceptionalism’." Masaryk University Journal of Law and Technology 10, no. 2 (September 18, 2016): 200–211. http://dx.doi.org/10.5817/mujlt2016-2-4.

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The April 2016 issue of the Stanford Law Review (Volume 68, Issue 4) contains an interesting article by Assistant Professor Andrew Keane Woods. In that article, titled ‘Against Data Exceptionalism’, Woods seeks to challenge the view that the nature of data is incompatible with existing territorial notions of jurisdiction. He argues that the nature of data is not unique, and that existing jurisdictional principles rooted in territoriality can be applied to data.This is my response to his claims. I argue that Woods fails to refute ‘data exceptionalism’, and that his description of relevant jurisdictional issues is based on a misunderstanding leading to a conflation of different jurisdictional questions.
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Morrison, Andra. "SCANNING THE HORIZON IN A DECENTRALIZED HEALTHCARE SYSTEM: THE CANADIAN EXPERIENCE." International Journal of Technology Assessment in Health Care 28, no. 3 (July 2012): 327–32. http://dx.doi.org/10.1017/s0266462312000323.

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Canada has a highly decentralized health care system with 13 provinces and territories delivering health care within their own respective jurisdictions. Decisions regarding which innovative health technologies to adopt are often driven by the unique health care priorities of each jurisdiction's population. To understand these needs, the Canadian Agency for Drugs and Technologies in Health's (CADTH's) Early Awareness Service has expanded its activities. In addition to proactively scanning the horizon for new and emerging health technologies, the Early Awareness Service also scans the horizon for national and jurisdictional health policy issues. This paper looks at CADTH's process for identifying and monitoring policy issues at a national and jurisdictional level.CADTH's Early Awareness Service delivers timely information on emerging health care concerns and technologies that may affect health care finances, facilities, operations, and patient care. The identification of important policy issues can help determine which new and emerging technologies will have the most significant impact on the health care system. The information that CADTH scans can also be used to help decision-makers prepare for potential developments and events that may have an impact on health care systems.By improving its capability to identify and share policy issues across and within jurisdictions, CADTH is better situated to provide information that can be used by policy-makers to help them plan and anticipate for the introduction of new technologies and future developments affecting the unique health care needs of their jurisdictions.
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Zugelder, Michael T., Theresa B. Flaherty, and Irvine Clarke. "Jurisdictional Issues for Electronic Marketing." Journal of Internet Commerce 2, no. 3 (June 2003): 11–26. http://dx.doi.org/10.1300/j179v02n03_03.

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Poore, Ralph Spencer. "Jurisdictional Issues in Global Transmissions." EDPACS 32, no. 5 (November 2004): 7–16. http://dx.doi.org/10.1201/1079/44726.32.5.20041101/84314.2.

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Jones, Bryan D., Frank R. Baumgartner, and Jeffery C. Talbert. "The Destruction of Issue Monopolies in Congress." American Political Science Review 87, no. 3 (September 1993): 657–71. http://dx.doi.org/10.2307/2938742.

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Scholars studying congressional committees have noted the potential for members to seek membership on particular committees, leading to bias. Underpinning this line of scholarship is what might be termed a theory of comparative committee statics, characterized by a cross-sectional empirical approach. We present a new approach that focuses on the dynamics of jurisdictional control. By following a series of issues through the committee hearing process, we show that there is indeed significant issue bias in particular committee venues. However, we also find that new committees often claim jurisdiction over issues as they are redefined in the political process. The degree of jurisdictional monopoly enjoyed by different committees has been overlooked in the literature on this topic in spite of its importance in determining the nature of representation of interests in Congress.
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Dissertations / Theses on the topic "Jurisdictional issues"

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Dykstra, Kathryn. "Jurisdictional issues raised by e-commerce." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ60049.pdf.

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Joosten, Johann. "Combating cyber money laundering: selected jurisdictional issues." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2570_1363012160.

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Williams, Sarah Jane. "Hybrid and internationalized criminal tribunals : jurisdictional issues." Thesis, Durham University, 2009. http://etheses.dur.ac.uk/38/.

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In recent years a number of criminal tribunals have been established to investigate, prosecute and try individuals accused of serious violations of international humanitarian law and international human rights. These tribunals have been described as 'hybrid' or 'internationalised' tribunals as their structure and applicable law consist of both international and national elements. Six such tribunals are currently in operation: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, Regulation 64 panels in Kosovo, the War Crimes Chamber for Bosnia and Herzegovina, the Iraqi High Tribunal and the Special Tribunal for Lebanon. The key aims of this thesis are: to examine the increasing role of hybrid and internationalised judicial institutions in prosecuting international crimes; to outline the basic features of the existing and proposed hybrid or internationalized tribunals; to define and categorise the tribunals; to determine the jurisdictional basis of each tribunal; to analyze how the jurisdictional basis affects other issues, such as the applicable law, the application of amnesties and immunities and the relationship of these tribunals with the host state, third states, national courts and other international criminal tribunals.
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Márton, Edina [Verfasser]. "Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law / Edina Márton." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2016. http://d-nb.info/1106337093/34.

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Kohl, Uta, and n/a. "An analytical framework on regulatory competence over online activity." University of Canberra. Law, 2002. http://erl.canberra.edu.au./public/adt-AUC20050509.105817.

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This thesis examines the application of traditional jurisdictional doctrines to online activity. It analyses not only to what extent, and why, the Internet challenges existing principles allocating regulatory competence, but the factors which shape, and must shape, the regulatory responses to these challenges, in an attempt to create an analytical framework within which the search for viable solutions can begin. The overarching argument made in this thesis is that the keys to viable future Internet regulation are deeply embedded in past and present regulation and that we cannot simply look for the most efficient legal solutions, regardless of how they fit within existing laws. This would be inconsistent with the law's basic function to answer the need for certainty and predictability. Building upon this fundamental premise, it is further argued, and shown, that an understanding of the public law - private law dichotomy within the existing jurisdictional framework, as well as its deeply entrenched status, is essential for appreciating the severity of the jurisdictional problems caused by the Internet and actual and likely regulatory responses to them. It is argued that this explains why both sets of rules have consistently accommodated transnational online activity differently, giving rise to different problems - problems which ultimately touch upon fundamental legal notions, such as formal justice, the rule of law or obedience to law which cannot but set further outer parameters of the search for solutions to the jurisdictional problems triggered by the Internet.
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Slevinsky, Richard A. "Current issues in Alberta's francophone school jurisdictions, educational leaders' understandings." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/nq23072.pdf.

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Pang, Ho Yin Michael. "Ethical conducts, issues and concerns for arbitrators & engineers in common law jurisdiction." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22446138a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2007.
"Arbitration and dispute resolution thesis, submitted in partial fulfillment of the degree for Master of Arts in arbitration and dispute resolution, LW 6409 & LW 6409A." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.
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Mabtue, Kamga Mireille. "Terrorism and International Criminal Court : the issue of subject matter jurisdiction." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/26659.

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Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism.
Dissertation (LLM)--University of Pretoria, 2011.
Public Law
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Picinini, Joel. "O controle jurisdicional dos atos políticos." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2012. http://hdl.handle.net/10183/152775.

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O presente trabalho examina a questão dos limites da intervenção judicial sobre os atos políticos. Para tanto, parte de um apanhado histórico que abrange o desenvolvimento da political questions doctrine junto à Suprema Corte dos Estados Unidos e da teoria dos actes de gouvernment junto ao Conselho de Estado francês, até chegar ao Brasil. Após, examina como o Supremo Tribunal Federal vem enfrentando o tema ao longo dos anos, fazendo uso de três questões pontuais, quais sejam, o controle dos atos administrativos discricionários, a participação do Poder Judiciário na definição e implementação das políticas públicas e o controle jurisdicional dos processos político-disciplinares. Ao final, esboça uma solução em que se define a amplitude da atividade política do Estado e traça os limites das esferas de atribuições dos poderes do Estado, fiel ao disposto pelas normas constitucionais.
The current paper examines the field of the limits of the judicial intervention in political decisions. To do it so, it starts with a historical overview that covers the development of the 'political questions doctrine' by the United States Supreme Court and the 'actes de gouvernment' theory by the French State Council, until it arrived in Brazil. After, examines how the Brazilian Supreme Court has been deciding the matter throughout the years, using three punctual questions, namely, the control of discretionary administrative acts, the participation of the Judiciary in the definition and implementation of public policies and the jurisdictional control in political-disciplinary cases. In the end, suggests a solution that defines the amplitude of the political activity by the State and indicates the limits of attributions of the State powers, faithful to the dispositions of the Constitution.
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Draf, Oliver. "Selected issues of private international law and of contracts on the Internet." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64271.pdf.

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Books on the topic "Jurisdictional issues"

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M, Barlow Peter, and Laura E. Gibbs. Jurisdictional issues in domestic relations practice. [Boston, Mass.]: MCLE, 2010.

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Hybrid and internationalised criminal tribunals: Selected jurisdictional issues. Oxford: Hart Pub., 2012.

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Commission, Canada Law. Division of powers and jurisdictional issues relating to marriage. Ottawa: Law Commission, 2000.

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James, Patricia A. Saint. Jurisdictional issues in domestic relations practice: Handling interstate custody, visitation, and support matters. Boston, MA (Ten Winter Pl., Boston 02108-4751): Massachusetts Continuing Legal Education, 2001.

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South-East Asian seas: Oil under troubled waters, hydrocarbon potential, jurisdictional issues, and international relations. Singapore; New York: Oxford University Press, 1985.

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Valencia, Mark J. South-East Asian seas, oil under troubled waters: Hydrocarbon potential, jurisdictional issues, and international relations. Singapore: Oxford University Press, 1985.

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Office, General Accounting. CFTC and SEC: Issues related to the Shad-Johnson Jurisdictional Accord : report to Congressional requesters. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20548-0001): The Office, 2000.

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United States. Congress. Senate. Committee on Indian Affairs (1993- ). Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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United States. Congress. Senate. Committee on Indian Affairs (1993- ). Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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), United States Congress Senate Committee on Indian Affairs (1993. Jurisdictional issues: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Fifth Congress, second session, on Jurisdictional issues involving Indian Tribes in the State of Montana and the nation, April 8, 1998, Billings, MT. Washington: U.S. G.P.O., 1999.

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Book chapters on the topic "Jurisdictional issues"

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Zugelder, Michael T., Irvine Clarke, and Theresa B. Flaherty. "Emerging Jurisdictional Issues in Online Marketing." In Developments in Marketing Science: Proceedings of the Academy of Marketing Science, 103. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-11882-6_35.

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Johnson, Philip McBride. "Reflections on the CFTC/SEC Jurisdictional Dispute." In Regulating International Financial Markets: Issues and Policies, 143–48. Dordrecht: Springer Netherlands, 1992. http://dx.doi.org/10.1007/978-94-011-3880-2_11.

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Dunn, Gemma, Leila Harris, and Karen Bakker. "Canadian Drinking Water Policy: Jurisdictional Variation in the Context of Decentralized Water Governance." In Global Issues in Water Policy, 301–20. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-42806-2_16.

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Rovetta, Davide. "Investment Arbitration in the EU After Lisbon: Selected Procedural and Jurisdictional Issues." In Common Commercial Policy after Lisbon, 221–33. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-34255-4_13.

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Palchetti, Paolo. "Right of Access to (Italian) Courts über alles? Legal Implications Beyond Germany’s Jurisdictional Immunity." In Remedies against Immunity?, 39–53. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_2.

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AbstractThe main consequence of Sentenza 238/2014 is that Germany has been denied jurisdictional immunities before Italian courts. However, the inflexible conception of the right of access to courts adopted by the Corte Costituzionale gives rise to a number of questions that go well beyond the issue at stake in Judgment 238/2014. First, there is the issue of whether the right of access to justice should also prevail over the international customary rule on immunity from execution. Secondly, one may ask whether the need to protect the right provided by Article 24 of the Italian Constitution could trump the criteria established by Italian law for exercising civil jurisdiction in order to allow access to justice in respect to all international crimes, even those committed outside Italian territory and involving individuals having no link to Italy. Finally, there is the question of whether a sacrifice of the right of access to justice would be justified if alternative, non-judicial means of redress were available to the victims; in particular, whether an alternative means of redress should in any case ensure to each and every individual victim full compensation or whether instead, in light of the specific circumstances of the case—the fact that the crimes occurred in the course of an international armed conflict affecting hundreds of thousands of victims—such alternative means could provide only symbolic compensation based on a lump sum settlement. This chapter aims at exploring these and possibly other issues arising in connection to the broad interpretation of the principle of access to justice given by the Corte Costituzionale.
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Fischer, Horst. "Concurrent Jurisdiction: Developments and Issues." In Treaty Enforcement and International Cooperation in Criminal Matters, 56–64. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-695-4_8.

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"Jurisdictional Issues." In A Theory of the State, 103–12. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9780511606182.007.

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ALDRICH, GEORGE H. "Jurisdictional Issues." In The Jurisprudence of the Iran-United States Claims Tribunal, 44–123. Oxford University Press, 1996. http://dx.doi.org/10.1093/acprof:oso/9780198258056.003.0002.

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Poore, Ralph Spencer. "Global Transmissions: Jurisdictional Issues." In Encyclopedia of Information Assurance, 1255–59. CRC Press, 2010. http://dx.doi.org/10.1081/e-eia-120046837.

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"Indian Country Jurisdictional Issues." In Tribal Policing, 36–43. University of Arizona Press, 2007. http://dx.doi.org/10.2307/j.ctv1prsrpj.11.

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Conference papers on the topic "Jurisdictional issues"

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Cheng, Fa-Chang, and Wen-Hsing Lai. "The Prospects of Jurisdictional Issues in Cyberspace." In Communication (HPCC). IEEE, 2011. http://dx.doi.org/10.1109/hpcc.2011.132.

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Brewer, Janet. "U.S. V. Brendt Christensen: Jurisdictional, Psychosocial and Cross-cultural Issues." In 3rd International Conference on Research in Social Sciences. GLOBALKS, 2020. http://dx.doi.org/10.33422/3rd.rssconf.2020.11.100.

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Alpert Gladstone, Julia. "Determining Jurisdiction In Cyberspace: The "Zippo" Test or the 'Effects" Test?" In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2607.

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Engaging in online activity is no longer a novel experience yet, there are many unresolved issues remaining in determining jurisdiction over the person which is a fundamental legal threshold in order to pursue one's legal rights. Two principal models for testing jurisdiction have moved to the forefront. One is the “Zippo test,” after the case in which it was first articulated which bases jurisdiction over a nonresident website on the degree of interactivity between the website and the forum. This test has been found by cyberlawyers, scholars and many courts to be inexact and therefore not particularly helpful. Consequently, the "effects" test has evolved which focuses on the effects intentionally caused within the forum by a defendant’s online conduct outside the forum. After summarizing the background and evolution of both the Zippo and effects tests, this article demonstrates that the courts are not embracing the effects test as a panacea to the dilemma of determining jurisdiction, but rather a combination of both the Zippo and the effects test is being employed. Oftentimes a court will begin its case analysis of with the Zippo test but completes the jurisdictional determination using the effects test. It is therefore advisable for attorneys advocating jurisdiction to use both tests, since the effects test may work where the sliding-scale of Zippo might not.
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Henske, Kate, and Levi Jensen. "Jurisdictional Issues with Pipeline Permitting and Agency Approvals: Challenges and Solutions for the Gillette Madison Pipeline Project." In Pipelines 2016. Reston, VA: American Society of Civil Engineers, 2016. http://dx.doi.org/10.1061/9780784479957.082.

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Нинциева, Тамила Магомедовна. "NON-JURISDICTIONAL PROTECTION OF EXCLUSIVE RIGHTS TO INVENTIONS, USEFUL MODELS AND INDUSTRIAL DESIGN." In Сборник избранных статей по материалам научных конференций ГНИИ "Нацразвитие" (Санкт-Петербург, Май 2021). Crossref, 2021. http://dx.doi.org/10.37539/may191.2021.73.14.021.

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В статье говорится о защите прав интеллектуальной собственности. Рассмотрены подходы к пониманию сущности интеллектуальной собственности, ее правовой охране и защите, разбираются вопросы административно-правовой защиты прав интеллектуальной собственности. Особое внимание уделяется проблемам, которые усложняют правовое регулирование в данной сфере общественных отношений. The article deals with the protection of intellectual property rights. Approaches to understanding the essence of intellectual property, its legal protection and protection are considered, issues of administrative and legal protection of intellectual property rights are discussed. Particular attention is paid to the problems that complicate the legal regulation in this area of public relations.
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Ходжалиев, Салех Айсаевич. "RESTRICTION OF FREEDOM: THEORETICAL ISSUES OF EXECUTION OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM UNDER THE CRIMINAL LAW OF THE RUSSIAN FEDERATION." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Ноябрь 2020). Crossref, 2020. http://dx.doi.org/10.37539/vt188.2020.94.97.012.

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В статье рассматривается вопрос изучения проблем института исполнения наказания в виде ограничения свободы. Разработка рекомендаций по совершенствованию нормативного регулирования правовых отношений, возникающих в ходе юрисдикционной деятельности уголовно-исполнительной системы. The article discusses the issue of studying the problems of the institution of the execution of punishment in the form of restriction of freedom. Development of recommendations for improving the normative regulation of legal relations arising in the course of the jurisdictional activities of the penal system.
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Chin Eang, Ong. "B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)." In 2003 Informing Science + IT Education Conference. Informing Science Institute, 2003. http://dx.doi.org/10.28945/2596.

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The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.
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Straub, Craig A., and Allan M. Hale. "The Post-Rapanos Predicament: An Application of the Jurisdictional Determination Form." In 2008 7th International Pipeline Conference. ASMEDC, 2008. http://dx.doi.org/10.1115/ipc2008-64276.

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On June 5, 2007, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) issued joint guidance (herein the Rapanos Guidance) interpreting the U.S. Supreme Court’s divided Rapanos v. United States decision on the geographic extent of regulatory jurisdiction under Section 404 of the Clean Water Act. The technical document, “Jurisdictional Determination Form Instructional Guidebook” uses ambiguous language regarding implementation of the guidance manual. Pursuant to the Rapanos guidance, traditionally navigable waters (TNW), relatively permanent tributaries to these waters, and wetlands directly abutting such tributaries are “categorically” jurisdictional, while non-navigable tributaries that are not relatively permanent, wetlands adjacent to such tributaries, and wetlands that are adjacent to but do not directly abut a relatively permanent non-navigable tributary, are jurisdictional only if they have a “significant nexus” to a TNW. A critical issue for permit applications is whether the proposed activity will be subject to a categorical assertion of regulatory jurisdiction, or to a more involved “significant nexus analysis.” The scientific and environmental analyses of permit applications encountering a significant nexus analysis is designed to undergo additional review by the EPA. At the present time, the Guidance is deficient in providing definitive instruction for determining whether a significant nexus is present between a non-navigable tributary with non-permanent flow and a TNW. Our project allowed implementation of the Guidance and involved the installation of 264 miles of pipeline and permit negotiation with three separate Corps districts. Assessment of 483 streams and 189 wetlands was performed using the newly developed Jurisdictional Determination Forms. An interdisciplinary team approach was developed by integrating the knowledge bases of geographers and ecologists. Databases and maps were developed to allow collective assessment of potential waters of the U.S. within the context of the Rapanos ruling. Because of the Guidance’s ambiguity, it was necessary to develop a defensible approach with detailed concepts and terms to adequately implement the Jurisdictional Determination process to the satisfaction of regulators responsible for the implementation of the jurisdictional determination guidance manual.
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Daughdrill, William H. "Assessing the Role of Environmental and Regulatory Issues on Offshore Renewable Energy Projects in the United States." In ASME 2009 28th International Conference on Ocean, Offshore and Arctic Engineering. ASMEDC, 2009. http://dx.doi.org/10.1115/omae2009-79097.

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This paper will describe some of the key environmental and regulatory issues affecting development of offshore renewable energy projects in the United States. Offshore wind, wave, tidal current, and ocean thermal energy conversion (OTEC) projects all have unique environmental and social issues that must be addressed to the satisfaction of federal, state, and local authorities. This paper examines the existing federal regulatory schemes applicable to offshore renewable energy development in the United States including a discussion of an on-going jurisdictional debate between agencies at the U.S. federal government level. The various permitting processes for offshore renewable energy projects all involve an examination of the potential environmental and social/human effects of each proposed project. Typically, the agency with primary permitting authority must prepare an environmental impact statement (EIS) or equivalent document that includes a transparent process that encourages the participation of the interested public and other affected stakeholders. While acknowledging the importance of social/human impact issues, this paper will focus primarily on the potential physical and biological effects from offshore renewable energy projects including a discussion of the uncertainty that surrounds predicting the impact of new or innovative technologies. The U.S. Department of Interior, Minerals Management Service (MMS) recently published a programmatic environmental impact statement (EIS) that includes 52 “best management practices” for reducing environmental and social impacts from offshore alternative energy projects. Finally the paper will examine the important role of environmental monitoring and adaptive management in informing regulators and developers of potential adverse impacts and adapting project design and operations to avoid or minimize these effects.
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Roblin, Katherine E. "An Overview of Environmental Issues Pertaining to Abandonment of an NEB-Regulated Pipeline: A Case Study of the Yukon Pipelines Limited Abandonment." In 2006 International Pipeline Conference. ASMEDC, 2006. http://dx.doi.org/10.1115/ipc2006-10444.

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The National Energy Board (NEB or the Board) is an independent regulatory tribunal that regulates various aspects of the Canadian energy industry, including the design, construction, operation and abandonment of oil and gas pipelines that cross provincial or international borders. Under section 74(1)(d) of the National Energy Board Act, a company shall not, without the leave of the Board, abandon the operation of a pipeline. To date, only one large-scale abandonment of an NEB-regulated pipeline has occurred. However, as pipeline infrastructure ages and markets shift, pipeline abandonments are likely to become more common. It is therefore important to review and learn from this case so that industry and regulators may effect future abandonments in as efficient and environmentally responsible a manner as possible. The Yukon Pipeline was part of the Canol Pipeline built by the United States Army in 1942. From 1958 through 1994, Yukon Pipelines Limited (YPL) and related companies operated the portion of pipeline from Skagway, Alaska, to Whitehorse, Yukon, to transport furnace oil, diesel fuel and gasoline to Whitehorse for distribution and use in the Yukon. The 114 km Canadian portion of the Yukon Pipeline, as well as an associated pump station at Carcross, Yukon, and a tank farm in Whitehorse, have been regulated by the NEB since 1962. An abandonment hearing was held in 1996, and the NEB issued a conditional order granting YPL leave to abandon the pipeline. The order would not come into force until YPL conducted further contaminant investigation and planned and successfully completed remedial work, all in consultation with a variety of stakeholders and regulatory bodies. The physical abandonment of the YPL facilities was relatively straightforward. Significant issues pertain primarily to the ongoing associated remediation of historical contamination. Challenges include appropriate characterization of the site, changing environmental standards and regulatory frameworks, changes in approach to remediation of the site, and complex jurisdictional interactions. Special concerns pertain to the application of environmental risk assessment and risk management. In order for future abandonment projects to proceed efficiently and effectively, it is recommended that site characterization and risk assessment work be completed early in the process, that risk management planning also be completed as early as possible (including planning how site closure will be achieved within the applicable regulatory context), and that the abandonment process and provisions be sufficiently flexible to accommodate changing circumstances while still achieving the desired end result.
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Reports on the topic "Jurisdictional issues"

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Matlock, Myron, and Jon Fricker. Multi-Jurisdictional Issues Related to Congestion Management. West Lafayette, Indiana: Purdue University, 2009. http://dx.doi.org/10.5703/1288284314300.

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DeRobertis, Michelle, Christopher E. Ferrell, Richard W. Lee, and David Moore. City Best Practices to Improve Transit Operations and Safety. Mineta Transportation Institute, April 2021. http://dx.doi.org/10.31979/mti.2021.1951.

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Public, fixed-route transit services most commonly operate on public streets. In addition, transit passengers must use sidewalks to access transit stops and stations. However, streets and sidewalks are under the jurisdiction of municipalities, not transit agencies. Various municipal policies, practices, and decisions affect transit operations, rider convenience, and passenger safety. Thus, these government entities have an important influence over the quality, safety, and convenience of transit services in their jurisdictions. This research identified municipal policies and practices that affect public transport providers’ ability to deliver transit services. They were found from a comprehensive literature review, interviews and discussions with five local transit agencies in the U.S., five public transportation experts and staff from five California cities. The city policies and practices identified fall into the following five categories: Infrastructure for buses, including bus lanes, signal treatments, curbside access; Infrastructure for pedestrians walking and bicycling to, and waiting at, transit stops and stations; Internal transportation planning policies and practices; Land development review policies; Regional and metropolitan planning organization (MPO) issues. The understanding, acknowledgment, and implementation of policies and practices identified in this report can help municipalities proactively work with local transit providers to more efficiently and effectively operate transit service and improve passenger comfort and safety on city streets.
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Ng, Shu Wen, Thomas Hoerger, and Rachel Nugent. Preventing Non-communicable Diseases Using Pricing Policies: Lessons for the United States from Global Experiences and Local Pilots. RTI Press, May 2021. http://dx.doi.org/10.3768/rtipress.2021.pb.0025.2105.

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Preventing non-communicable diseases (NCDs) in an effective and sustainable way will require forward-looking policy solutions that can address multiple objectives. This was true pre–COVID-19 and is even more true now. There are already examples from across the globe and within the United States that show how these may be possible. Although there are still many unknowns around how the design, targeting, level, sequencing, integration, and implementation of fiscal policies together can maximize their NCD prevention potential, there is already clear evidence that health taxes and particularly sugar-sweetened beverage (SSB) taxes are cost-effective. Nonetheless, policies alone may not succeed. Political will to prioritize well-being, protections against industry interference, and public buy-in are necessary. If those elements align, pricing policies that consider the context in question can be designed and implemented to achieve several goals around reducing consumption of unhealthy SSBs and foods, narrowing existing nutritional and health disparities, encouraging economic and social development. The US and its local and state jurisdictions should consider these pricing policy issues and their contexts carefully, in collaboration with community partners and researchers, to design multi-duty actions and to be prepared for future windows of opportunities to open for policy passage and implementation.
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