FEDERALLY CHARTERED CORPORATIONS AND FEDERAL JURISDICTION
Paul E. Lund
Although we typically think of corporations as creatures of state law, many corporations are chartered by the federal government. The Constitution does not expressly authorize the creation of corporations under federal law, but federally chartered corporations have existed since the earliest days of our country. Some are owned in whole or in substantial part by the federal government and perform what we think of as governmental or public functions. Others are nonprofits that perform charitable or civic functions. Still others, though, are owned by private investors and conduct business activities similar to those of state-chartered business corporations. The number and types of such federally chartered business corporations continue to grow, with several recent proposals for new types of federal chartering authority.
REVISITING ROOKER-FELDMAN: EXTENDING THE DOCTRINE TO STATE COURT INTERLOCUTORY ORDERS
Dustin E. Buehler
The Rooker-Feldman doctrine prohibits lower federal courts from exercising appellate jurisdiction over state court judgments. After decades of confusion, the Supreme Court recently clarified the scope and proper application of the doctrine in two cases, Exxon Mobil Corp. v. Saudi Basic Industries Corp. and Lance v. Dennis. However, the Court left a key question unanswered: which state court “judgments” trigger the protection of Rooker-Feldman? Does the doctrine prohibit lower federal courts from reviewing only final state court judgments? Or does it also prohibit review of state court interlocutory orders, such as stays, preliminary injunctions, rulings on pretrial motions, and discovery orders? The circuits are split on this issue. This Article examines the evolution and purpose of Rooker-Feldman and concludes that the doctrine should protect all state court judgments, including interlocutory orders. This is the only approach that respects interests vital to the interaction between state and federal courts, including separation of powers, federalism, and parity.
PRIVATE ORDERING AND PUBLIC ENERGY INNOVATION POLICY
Daniel R. Cahoy & Leland Glenna
Michael M. O’hear
HYDROELECTRIC DAMS: TRANSBOUNDARY ENVIRONMENTAL EFFECTS AND INTERNATIONAL LAW
TERRORIZING THE TECHNOLOGICAL NEIGHBORHOOD WATCH: THE ALIENATION AND DETERRENCE OF THE “WHITE HATS” UNDER THE CFAA