It meant under the authority of U.S. law, thus excluding foreign diplomats, foreign armies and (at the time) Native American tribes. In this post I'll consider the original meaning of the second ...
We have a distinct problem with the law that governs the internet. Not which law, for of course that can always be changed. Rather, we have this problem with whose law rules it. We’re getting this ...
The Due Process Clause of the Fourteenth Amendment imposes limits on the scope of personal jurisdiction that may be asserted by state courts. As the Fifth Amendment also contains a Due Process Clause, ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Forbes contributors publish independent expert analyses and insights. Matthew Roberts is a tax attorney who covers tax litigation and fraud. A federal court’s authority to hear a case is often ...
Is venue different from jurisdiction? I often hear lawyers talk about the venue and where to file the case, but I also sometimes hear them say that the court has no jurisdiction over it. Are these ...
In intellectual property practice, territorial jurisdiction often serves as the critical threshold issue that determines the course of trademark litigation. The ...
The Supreme Court on Thursday held that the Tax Court lacked jurisdiction over a taxpayer’s collection due process (CDP) appeal of a proposed tax levy once the underlying tax liability was satisfied, ...
The judge presiding over a lawsuit in New Jersey challenging the detention of Mahmoud Khalil denied the government’s motion to dismiss his petition and said he has jurisdiction over the case, ...
In an important judgment that has far-reaching legal consequences, the Supreme Court has ruled that the question of jurisdiction is of paramount importance and has to be decided first before ...