Federal Venue Research Articles

The 'High Skies': Establishing Venue for Prosecutions of Crimes Aboard Aircraft

A fundamental concept in criminal procedure is that the trial must take place where the crime was committed. Without proper venue, a defendant cannot be found guilty of the charged crime. But where is venue when the crime is committed on an airplane traveling through the sky at 500 miles per hour? This article analyzes United States v. Lozoya, a 2019 decision from the Ninth Circuit Court of Appeals that broke from the conventional wisdom of the Tenth and Eleventh Circuits in holding that the proper venue is the federal judicial district over which the plane was flying at the time of the crime. No legal scholarship has ever considered criminal venue in this particular context. This article analyzes the two main federal venue statutes, 18 U.S.C. §§ 3237 and 3238, and argues that neither the Ninth Circuit approach nor the Tenth or Eleventh Circuit approaches view the law correctly. The most logical outcome — prosecution in the district in which the plane ultimately lands — is undisputed. But the plain meaning of the venue statutes supports the assumption that airplanes in the “high skies” are a lot like ships on the high seas. When the Ninth Circuit reconsiders this issue en banc in 2020, it can solve the problem by holding, for purposes of criminal venue, that American airspace is considered “outside of any district” and thus the prosecution can bring charges where the defendant is arrested (i.e. the landing district).

Vetoes and Venues: Economic Crisis and the Roads to Recovery in Michigan and Ontario

AbstractThis article examines executive responses to economic decline in Ontario and Michigan from 2003 to 2012, when the two governments struggled to adjust to a severe manufacturing crisis which greatly worsened during the Great Recession in 2008–2009. Sharing an international border, these cases offer control over an unusually large number of economic, social and political factors, permitting a focused analysis of the impact of divided government and fiscal decentralization on executive policy making. The research finds that greater fiscal decentralization in Canada and unified government in Ontario allowed the province to develop a more rapid and more robust response to the economic crisis in comparison to the State of Michigan. Budgetary constraints and a partisan veto at the state level forced Michigan's governor to redirect her efforts to the federal venue.

Congressional Testimony on H.R. 2533: 'The Chapter 11 Bankruptcy Venue Reform Act of 2011'

This testimony is from a hearing of the House Judiciary Committee's Subcommittee on Courts, Commercial and Administrative Law on reforming the venue laws applicable to chapter 11 bankruptcy cases. This brief testimony adds three distinctive elements to the scholarly debates about corporate bankruptcy venue that will be developed in future scholarship. First, the current bankruptcy venue laws are an aberration from federal venue principles. Second, place of incorporation - a criterion deemed quite important to defenders of current chapter 11 venue laws - bears little or no weight in forum selection by the Judicial Panel on Multidistrict Litigation, another complex litigation setting. Third, the procedural justice literature offers important insights about what is at stake when corporate reorganizations routinely take place far away from the people deeply affected by them.

The Scope of Federal Venue over Corporations in Multidistrict States

The Scope of Federal Venue over Corporations in Multidistrict States

The Scope of Federal Venue over Corporations in Multidistrict States

The Scope of Federal Venue over Corporations in Multidistrict States

An Unresolved Problem: Federal Venue for Unincorporated Associations: Federal Venue. Unincorporated Associations. "Doing Business" as a Test

An Unresolved Problem: Federal Venue for Unincorporated Associations: Federal Venue. Unincorporated Associations. "Doing Business" as a Test

Federal Venue for Unincorporated Associations: Problems and Suggestions

Federal Venue for Unincorporated Associations: Problems and Suggestions

Federal Venue for Unincorporated Associations: Problems and Suggestions

Federal Venue for Unincorporated Associations: Problems and Suggestions

Review of Section 1404(a) Federal Venue Proceedings by Extraordinary Writ

Review of Section 1404(a) Federal Venue Proceedings by Extraordinary Writ

Federal Venue Requirements and Prosecutions for False Filing

Federal Venue Requirements and Prosecutions for False Filing

Venue. Use of State Highways by Nonresident Motorist Held to Constitute Waiver of Federal Venue Privilege

Venue. Use of State Highways by Nonresident Motorist Held to Constitute Waiver of Federal Venue Privilege

Federal Courts. Venue. Constructive Consent to Suit under State Nonresident Motorist Statute Waives Federal Venue

Federal Courts. Venue. Constructive Consent to Suit under State Nonresident Motorist Statute Waives Federal Venue

An Integration of Federal Venue and Process Statutes as Applied to Shareholders Derivative Suits

An Integration of Federal Venue and Process Statutes as Applied to Shareholders Derivative Suits

Application of Federal Venue Statute to Foreign Corporations

Application of Federal Venue Statute to Foreign Corporations

State Service of Process Statute and Waiver of Federal Venue Privilege: Federal Jurisdiction. Venue. First Circuit Rejects Argument That State Motor Vehicle Service of Process Statute Can Be Construed as Waiver of Federal Venue

State Service of Process Statute and Waiver of Federal Venue Privilege: Federal Jurisdiction. Venue. First Circuit Rejects Argument That State Motor Vehicle Service of Process Statute Can Be Construed as Waiver of Federal Venue

Venue. Use of Highway in State with Non-Resident Motorist Statute Does Not Constitute Waiver of Federal Venue Privilege

Venue. Use of Highway in State with Non-Resident Motorist Statute Does Not Constitute Waiver of Federal Venue Privilege

Venue. Foreign Corporations. Constructive Designation of Agent for Service of Process by Doing Business Held Waiver of Federal Venue Privilege

Venue. Foreign Corporations. Constructive Designation of Agent for Service of Process by Doing Business Held Waiver of Federal Venue Privilege

Venue. Doing Business within State under Virginia Statute Is a Waiver of Federal Venue

Venue. Doing Business within State under Virginia Statute Is a Waiver of Federal Venue

Venue. Foreign Corporations. Federal Venue Privilege Not Waived in Non-Diversity Suit by Corporation's Designation of Agent for Service of Process in State

Venue. Foreign Corporations. Federal Venue Privilege Not Waived in Non-Diversity Suit by Corporation's Designation of Agent for Service of Process in State

Venue. Federal Venue Privilege Not Waived by Trustee in Reorganization of Foreign Corporation by Corporation's Designation of Agent for Service of Process in State

Venue. Federal Venue Privilege Not Waived by Trustee in Reorganization of Foreign Corporation by Corporation's Designation of Agent for Service of Process in State