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State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


State Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Forward: Some Puzzles Of State Standing, Tara Leigh Grove 2019 William & Mary Law School

Forward: Some Puzzles Of State Standing, Tara Leigh Grove

Tara L. Grove

When should states have standing? In recent years, there has been an explosion in literature on that question.1 Yet, even today, there seem to be as many questions as answers. In this Foreword to the Notre Dame Law Review’s 2019 Federal Courts, Practice, and Procedure Symposium on state standing, I discuss a few such puzzles. First, should states have “special” standing when they sue the federal government—that is, greater access to federal court than private parties? Second, and conversely, should states have at least “equal” access to federal court, or should they face more barriers than private ...


Should The Supreme Court Fear Congress?, Neal Devins 2019 William & Mary Law School

Should The Supreme Court Fear Congress?, Neal Devins

Neal E. Devins

No abstract provided.


The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove 2019 William & Mary Law School

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Tara L. Grove

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 ...


The Lost History Of The Political Question Doctrine, Tara Leigh Grove 2019 William & Mary Law School

The Lost History Of The Political Question Doctrine, Tara Leigh Grove

Tara L. Grove

This Article challenges the conventional narrative about the political question doctrine. Scholars commonly assert that the doctrine, which instructs that certain constitutional questions are “committed” to Congress or to the executive branch, has been part of our constitutional system since the early nineteenth century. Furthermore, scholars argue that the doctrine is at odds with the current Supreme Court’s view of itself as the “supreme expositor” of all constitutional questions. This Article calls into question both claims. The Article demonstrates, first, that the current political question doctrine does not have the historical pedigree that scholars attribute to it. In the ...


The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove 2019 William & Mary Law School

The Origins (And Fragility) Of Judicial Independence, Tara Leigh Grove

Tara L. Grove

The federal judiciary today takes certain things for granted. Political actors will not attempt to remove Article III judges outside the impeachment process; they will not obstruct federal court orders; and they will not tinker with the Supreme Court’s size in order to pack it with like-minded Justices. And yet a closer look reveals that these “self-evident truths” of judicial independence are neither self-evident nor necessary implications of our constitutional text, structure, and history. This Article demonstrates that many government officials once viewed these court-curbing measures as not only constitutionally permissible but also desirable (and politically viable) methods of ...


The Power Of "So-Called Judges", Tara Leigh Grove 2019 William & Mary Law School

The Power Of "So-Called Judges", Tara Leigh Grove

Tara L. Grove

No abstract provided.


The Dark Side Of Territoriality, Timothy Zick 2019 William & Mary Law School

The Dark Side Of Territoriality, Timothy Zick

Timothy Zick

No abstract provided.


Sovereignty, Territoriality, And The Enforcement Of Foreign Judgments, George Rutherglen, James Y. Stern 2019 William & Mary Law School

Sovereignty, Territoriality, And The Enforcement Of Foreign Judgments, George Rutherglen, James Y. Stern

James Y. Stern

No abstract provided.


The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg 2019 William & Mary Law School

The Ultimate Independence Of The Federal Courts: Defying The Supreme Court In The Exercise Of Federal Common Law Powers, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


An Organizational Account Of State Standing, Katherine Mims Crocker 2019 William & Mary Law School

An Organizational Account Of State Standing, Katherine Mims Crocker

Katherine Mims Crocker

Again and again in regard to recent high-profile disputes, the legal community has tied itself in knots over questions about when state plaintiffs should have standing to sue in federal court, especially in cases where they seek to sue federal-government defendants. Lawsuits challenging everything from the Bush administration’s environmental policies to the Obama administration’s immigration actions to the Trump administration’s travel bans have become mired in tricky and technical questions about whether state plaintiffs belonged in federal court.

Should state standing cause so much controversy and confusion? This Essay argues that state plaintiffs are far more like ...


The Twin Aims Of Erie, Michael S. Green 2019 William & Mary Law School

The Twin Aims Of Erie, Michael S. Green

Michael S. Green

We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article offers a reading of the twin aims and a systematic analysis of their proper role in federal and state court. I argue that the twin aims apply in diversity cases not because they protect state interests, but because they serve the federal purposes standing behind the diversity statute. So understood, they are about separation of powers, not federalism ...


Erie, Swift, And Legal Positivism, Michael S. Green 2019 William & Mary Law School

Erie, Swift, And Legal Positivism, Michael S. Green

Michael S. Green

No abstract provided.


The Jurisdiction Canon, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

The Jurisdiction Canon, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

This Article concerns the interpretation of jurisdictional statutes. The fundamental postulate of the law of the federal courts is that the federal courts are courts of limited subject-matter jurisdiction. That principle is reinforced by a canon of statutory interpretation according to which statutes conferring federal subject-matter jurisdiction are to be construed narrowly, with ambiguities resolved against the availability of federal jurisdiction. This interpretive canon is over a century old and has been recited in thousands of federal cases, but its future has become uncertain. The Supreme Court recently stated that the canon does not apply to many of today’s ...


Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Subject Matter Jurisdiction, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one ...


Abstention Doctrine, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Abstention Doctrine, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


(In Re Guardianship Of Carmen Wittler) Wittler V. Wittler, 135 Nev. Adv. Op. 31 (Aug. 01, 2019), McKay Holley 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

(In Re Guardianship Of Carmen Wittler) Wittler V. Wittler, 135 Nev. Adv. Op. 31 (Aug. 01, 2019), Mckay Holley

Nevada Supreme Court Summaries

No abstract provided.


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