Courts. Relationship of Federal and State Courts. Prior State Judgment Not Res Judicata in Federal Section 1983 Action as to Due Process Claim Which Was Not Litigated in the State Adjudication. Lombard v. Board of Education, 502 F. 2d 631 (2d Cir. 1974)

1974 ◽  
Vol 88 (2) ◽  
pp. 453 ◽  
Keyword(s):  
Due Process ◽  
The State ◽  
State Courts ◽  
Board Of Education ◽  
Res Judicata ◽  
Relationship Of ◽  
Prior State

THE LONG ARM OF TORT LAW. THE COMPETENCE OF U.S. COURTS IN DEFAMATION CLAIMS AGAINST FOREIGN DEFENDANTS

2021 ◽  
Vol 11 (4) ◽  
pp. 87-111
Author(s):  
Yu.V. TAI ◽  
S.L. BUDYLIN
Keyword(s):  
United States ◽  
English Language ◽  
Due Process ◽  
The United States ◽  
The State ◽  
State Courts ◽  
State Court ◽  
English Language Publication ◽  
The Media ◽  
Constitutional Right

Jurisdiction of American state courts over out-of-state defendants is determined by state law, but is limited by constitutional considerations. If the defendant does not have sufficient contacts with the state, it is unconstitutional for the state court to consider the dispute. With respect to defamation suits, not only does the defamatory information actually reach a sufficient number of state residents, but also the foreign defendant’s purposeful actions directed at that state are necessary for state court jurisdiction over the out-ofstate defendant to arise. In the case of the media, such a purposeful action might be, for example, selling a significant number of copies of a magazine in that state or advertising its website in that state. However, the posting of defamatory information on a website available in that state does not, by itself, create jurisdiction over the publisher in state courts. If, for example, a foreign-language website describes events outside the United States, a U.S. court would probably not have jurisdiction, even if the plaintiff’s reputation in the United States was damaged. But if an English-language publication on some website intentionally defames a state resident by describing his or her activities in that state, the publication will likely be found to be “directed at” that state, and a state court will consider the defamation claim. The plaintiff’s location in this state in a defamation action is not sufficient to give rise to state court jurisdiction over a defendant who does not have sufficient minimal contacts in the state. To hear such a dispute in that state would violate the defendant’s constitutional right to “due process” because of the burdensome nature of his participation in the process.

The Political Economy of Rural-Urban Conflict

2017 ◽  
Author(s):  
Topher L. McDougal
Keyword(s):  
Political Economy ◽  
Urban Areas ◽  
The State ◽  
Hierarchical Networks ◽  
Capital Cities ◽  
Trade Networks ◽  
Rural And Urban Areas ◽  
Rural And Urban ◽  
Economic Relationship ◽  
Relationship Of

In some cases of insurgency, the combat frontier is contested and erratic, as rebels target cities as their economic prey. In other cases, it is tidy and stable, seemingly representing an equilibrium in which cities are effectively protected from violent non-state actors. What factors account for these differences in the interface urban-based states and rural-based challengers? To explore this question, this book examines two regions representing two dramatically different outcomes. In West Africa (Liberia and Sierra Leone), capital cities became economic targets for rebels, who posed dire threats to the survival of the state. In Maoist India, despite an insurgent ideology aiming to overthrow the state via a strategy of progressive city capture, the combat frontier effectively firewalls cities from Maoist violence. This book argues that trade networks underpinning the economic relationship between rural and urban areas—termed “interstitial economies”—may differ dramatically in their impact on (and response to) the combat frontier. It explains rebel predatory tendencies toward cities as a function of transport networks allowing monopoly profits to be made by urban-based traders. It explains combat frontier delineation as a function of the social structure of the trade networks: hierarchical networks permit elite–elite bargains that cohere the frontier. These factors represent what might be termed respectively the “hardware” and “software” of the rural–urban economic relationship. Of interest to any student of political economy and violence, this book presents new arguments and insights about the relationships between violence and the economy, predation and production, core and periphery.

Termination of Skilled Nursing Facility Medicaid Provider Agreements: Procedural Due Process Requirements

1981 ◽  
Vol 6 (4) ◽  
pp. 451-493
Author(s):  
Nancy Elizabeth Jones
Keyword(s):  
Due Process ◽  
Skilled Nursing Facility ◽  
Health And Safety ◽  
The State ◽  
Federal Regulations ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
Medicaid Reimbursement ◽  
Emergency Situations ◽  
Procedural Due Process

AbstractWhen a state Medicaid agency terminates its provider agreement with a skilled nursing facility, federal regulations give the state the option of providing a pretermination evidentiary hearing; they do not, however, require that a state provide such a hearing. If a state chooses not to grant a pretermination hearing, as a number of states have done, federal regulations require: (1) an informal written reconsideration made by the state and submitted to the skilled nursing facility before the effective date of the termination, and (2) a posttermination evidentiary hearing.This Article argues that a skilled nursing facility has a right under the due process clauses of the fifth and fourteenth amendments of the U. S. Constitution to an evidentiary hearing before termination of its Medicaid provider agreement. The author claims that a skilled nursing facility's interest in continued receipt of Medicaid reimbursement under its provider agreement is a property interest entitled to constitutional due process protections, and not merely an expectation of economic benefit that does not implicate constitutional due process considerations.The Article concludes that, except in emergency situations, state Medicaid agencies are constitutionally required to grant a provider a pretermination, rather than a posttermination, evidentiary hearing. This procedure would protect the provider and its patients from the severe effects of an erroneous termination, while furthering the governmental interest in ensuring the health and safety of skilled nursing facility patients. The format for such a hearing should allow for the participation, with the assistance of counsel, of both the skilled nursing facility and its patients.

Reversal of Fortunes: Transformations in State-NGO Relations in Bangladesh

2016 ◽  
Vol 44 (4-5) ◽  
pp. 579-594 ◽  
Author(s):  
Lamia Karim
Keyword(s):  
The State ◽  
Present Condition ◽  
Nobel Peace Prize ◽  
Grameen Bank ◽  
Authoritarian Rule ◽  
Weak State ◽  
The Government ◽  
Relationship Of

In 2011, the government of Bangladesh began an investigation into the financial dealings of the Grameen Bank that won the Nobel Peace Prize in 2006. This disciplining of a world-renowned institution and its founder by the state reconfigures the altered relationship between the state and NGOs in Bangladesh. This article investigates this about-face between the state and NGOs from the 1990s, when their relationship was characterized as ‘partners in development’, to the late 2000s when the state saw the leading NGOs and their leaders as potential political adversaries. In Bangladesh, the former relationship of a weak state vis-à-vis the powerful, western-funded NGO has been recalibrated. Under the present condition of authoritarian rule, the state is willing to accept the role of the NGO as a development actor but not as a political contender. This article examines this shifting relationship between the state and NGOs.

scholarly journals Grid Governance in China under the COVID-19 Outbreak: Changing Neighborhood Governance

2021 ◽  
Vol 13 (13) ◽  
pp. 7089
Author(s):  
Tianke Zhu ◽  
Xigang Zhu ◽  
Jian Jin
Keyword(s):  
State Government ◽  
Local Governance ◽  
The State ◽  
Reciprocal Relationship ◽  
Private Governance ◽  
Neighborhood Organizations ◽  
Housing Privatization ◽  
Epidemic Period ◽  
Neighborhood Governance ◽  
Relationship Of

Housing commodification seems to suggest that a process of a state is embracing private governance. However, private governance in Chinese neighborhoods is a two-way trajectory. This paper examined two types of housing neighborhoods, namely, a work-unit housing neighborhood and gated commodity housing to understand the changes in neighborhood governance. It is interesting to observe that during the Covid-19 epidemic period, the state government enhanced its presence and public trust in neighborhood governance by changing the former ways of self-governance. As a strategy for the state to return to local governance, the grid governance is the reconfiguration of administrative resources at a neighborhood level and professionalizes neighborhood organizations to ensure the capacities of the state to solve social crises and neighborhood governance. The potential side effects of changing neighborhood governance are that while the implementation of grid governance has improved internal connections among residents, the empowered neighborhood governments acting as the “state agent on the ground” leads to an estrangement between residents and private governance. The underdevelopment of neighborhood autonomy is not only due to the restriction of state government, but more importantly, the reciprocal relationship of state-led neighborhood governance in the context of housing privatization development in China.

Enkev Beheer BV (of the Netherlands) v. Republic of Poland

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 630-648
Keyword(s):  
Due Process ◽  
The State ◽  
Third Party ◽  
Waiting Period ◽  
Content Type ◽  
Fair And Equitable Treatment ◽  
Just Compensation ◽  
Default Rules ◽  
Equitable Treatment ◽  
Almost All

630Procedure — Addition of a party — Conditional application — UNCITRAL Rules, Article 22 — UNCITRAL Rules, Article 17 — Whether the UNCITRAL Rules or lex loci arbitri allowed for applications to be made conditional on a tribunal’s future decision — Whether the application was consistent with the State’s procedural rights — Whether the amendment to a claim under Article 22 of the UNCITRAL Rules allowed for the addition of a third party as claimantJurisdiction — Investment — Shares — Whether an investor’s shares and rights derived from those shares were protected investments under the BITJurisdiction — Investment — Assets of subsidiary — Whether profits, goodwill or know-how of a local subsidiary constituted investments of the investor protected by the BITJurisdiction — Consent — Cooling-off period — Premature claims — Whether the investor had communicated its own claims rather than those of its local subsidiary — Whether the investor’s failure to comply with a waiting period of six months under the BIT required a tribunal to deny jurisdiction or admissibility — Whether the negotiation of a local subsidiary’s dispute in good faith was relevant to jurisdiction over a foreign investor’s claimsInterpretation — Cooling-off period — VCLT, Article 31 — Object and purpose — Whether the object and purpose of the BIT required a tribunal not to adopt a strict or formalistic interpretation of the waiting period of six monthsRemedies — Declaratory award — Interpretation — Just compensation — Whether the tribunal had jurisdiction under the BIT to make a declaratory award on the interpretation and application of the term “just compensation”Jurisdiction — Dispute — Whether the tribunal had jurisdiction under the BIT to advise the parties of an imminent disputeExpropriation — Direct deprivation — Shares — Rights derived from shares — Whether the State directly deprived the investor of its rights as a shareholder in its local subsidiaryExpropriation — Indirect deprivation — Shares — Rights derived from shares — Whether the shares had lost all or almost all significant commercial value — Whether the measures were adopted in the public interest — Whether due process had been followed — Whether there were any undertakings by the StateExpropriation — Interpretation — “Just compensation” — Whether there was any difference between the terms of the BIT and general international law — Whether the meaning of just compensation could be determined in the abstract631Fair and equitable treatment — Whether the impending expropriation constituted a breach of the standard of fair and equitable treatment — Whether the claim concerned the investor’s rights derived from sharesFull protection and security — Whether the State failed to protect an investment from expropriation by local authorities — Whether the claim concerned the investor’s rights derived from sharesUmbrella clause — Whether there was any assurance directed at the investor that created any legal obligations — Whether the claim concerned the investor’s rights derived from sharesCosts — Arbitration costs — Variation by agreement — UNCITRAL Rules — Whether the terms of the BIT varied the default rules for the allocation of arbitration costs

Justice without the State within the State

2016 ◽  
Keyword(s):  
Conflict Resolution ◽  
North America ◽  
Self Regulation ◽  
Social Groups ◽  
17Th Century ◽  
The State ◽  
Global Perspective ◽  
State Courts ◽  
History Of ◽  
Research Questions

History of justice is not only the history of state justice. Rather, we often deal with a coexistence of state, parastatal and non-state courts. Interesting research questions emerge out of this constellation: Where are notions of just conflict resolution most likely to be enforceable? To what extent is non-state jurisdiction a mode of self-regulation of social groups who define themselves by means of ethnic, religious or functional criteria? How do state and non-state ambitions interact? This collective volume contains contributions exploring non-state and parastatal justice between the 17th century and the present in Europe, Asia, North America as well as from a global perspective.

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 446-484
Keyword(s):  
Due Process ◽  
The State ◽  
State Responsibility ◽  
Responsibility Attribution ◽  
Content Type ◽  
Host State ◽  
Fair And Equitable Treatment ◽  
Municipal Law ◽  
Equitable Treatment ◽  
Debt Recovery

446Jurisdiction — Investment — Derivative transactions — Interpretation — Claims to money used to create an economic value — Claims to money associated with an investment — Whether a hedging agreement constituted an investment under the BITJurisdiction — Investment — Territorial requirement — Derivative transactions — Whether a hedging agreement satisfied the condition of territorial nexus to the host StateJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Salini test — Contribution to economic development — Regularity of profit and return — Whether a hedging agreement constituted an investment — Whether all five elements of the Salini test were legal criteria for an investment under ICSID jurisdictionJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Ordinary commercial transaction — Contingent liability — Whether a hedging agreement was an ordinary commercial transaction or a contingent liabilityJurisdiction — Contract — State-owned entity — Municipal law — Whether a hedging agreement was void because the transaction was outside a State-owned entity’s statutory authorityState responsibility — Attribution — Judicial acts — ILC Articles on State Responsibility, Article 4 — Whether a superior court was an organ of the host StateState responsibility — Attribution — Central bank — ILC Articles on State Responsibility, Article 4 — Whether a central bank was an organ of the host StateState responsibility — Attribution — State-owned entity — ILC Articles on State Responsibility, Article 4 — ILC Articles on State Responsibility, Article 5 — ILC Articles on State Responsibility, Article 8 — Whether a State-owned entity was an organ of the State — Whether actions of a State-owned entity were attributable to the State as an exercise of governmental authority — Whether a State-owned entity was acting under instructions or the direction and control of the StateFair and equitable treatment — Judicial acts — Due process — Interim order — Political motive — Whether court orders violated the standard of fair and equitable treatment — Whether public statements of a senior judge evidenced the political motive of court ordersFair and equitable treatment — Autonomous standard — Interpretation — Minimum standard of treatment — Whether the standard of fair and equitable treatment was materially different from customary international law447Fair and equitable treatment — Government investigation — Due process — Bad faith — Transparency — Whether a central bank’s investigation violated the standard of fair and equitable treatmentExpropriation — Indirect expropriation — Contract — Derivative transaction — Substantial deprivation — Debt recovery — Municipal law — Whether the subsistence of a contractual debt and the possibility to claim under the chosen law of a third State prevented a finding of expropriation — Whether the possibility of recovery in a third State was to be assessed as a prerequisite in the cause of action of expropriation or as a matter of causation and quantumExpropriation — Indirect expropriation — Contract — Substantial deprivation — Legitimate regulatory authority — Proportionality — Whether an interference with contractual rights was an exercise of the host State’s legitimate regulatory authority — Whether the regulatory measures were proportionateRemedies — Damages — Causation — Contract — Debt recovery — Whether the claimant suffered damages if it had the possibility to recover a contractual debt in the courts of a third StateCosts — Indemnity — Egregious breach — Bad faith — Whether the egregious nature of the host State’s breaches of its international obligations meant the claimant was entitled to full recovery of its costs, legal fees and expenses

Taxation, Trust, and Government Debt: State-Elite Relations in Sichuan, 1850–1911

Modern China ◽  
2018 ◽  
Vol 45 (3) ◽  
pp. 239-294
Author(s):  
Elisabeth Kaske
Keyword(s):  
Public Debt ◽  
Government Debt ◽  
The State ◽  
Local State ◽  
The Public ◽  
Railway Company ◽  
The Qing Dynasty ◽  
State Elite ◽  
The 1911 Revolution ◽  
Relationship Of

This article explores the shifting relationship between the state and the rural elites in Sichuan during the last decades of the Qing dynasty through the lens of taxation and public debt by using a creditor-debtor model as a theoretical framework. Sichuan’s unique rewarded land tax surcharge, called the “Contribution” and levied since 1864, established a relationship of symbolic and economic indebtedness of the imperial and local state to the taxpayer. Western-inspired reforms after 1898 directly attacked the symbolic and economic bonds established by the Contribution. The Railway Rent Share tax shifted the creditor-debtor relationship from the state to the public Sichuan-Hankou Railway Company by making individual taxpayers into shareholders. When Beijing eventually banned what it saw as a privatization of taxation and decided to nationalize the railway company, this ignited the Railway Protection Movement, which precipitated the 1911 Revolution in Sichuan.

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