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Articles 1 - 26 of 26
Full-Text Articles in Entire DC Network
Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page
Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page
BYU Law Review
No abstract provided.
The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350
The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350
Washington and Lee Law Review
No abstract provided.
Fairness Or Federalism In The Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. V. Woodson
Washington and Lee Law Review
No abstract provided.
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong
Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong
Florida State University Law Review
No abstract provided.
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
American Indian Law Review
No abstract provided.
Books Received, C. C. S., C. A. P.
Books Received, C. C. S., C. A. P.
Vanderbilt Journal of Transnational Law
A Chronology and Fact Book of the United Nations 1941-1979
By Thomas Hovet, Jr. and Erica Hovet
Dobbs Ferry, New York: Ocean Publications, sixth edition, 1980. Pp. 304. $17.50.
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Copyright in International Relations: International Protection of Literary and Scientific Works
By Mark Moiseevich Boguslavsky
Sydney, Australia: Australian Copyright Council,1979. Pp. 224.
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Deep Sea Mining Edited
by Judith Koldow
Cambridge, Mass.:The MIT Press, 1980. $17.50.
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The Enclosure of Ocean Resources: Economics and the Law of the Sea
By R. D. Eckert
Stanford, California: The Hoover Institution, 1979. Pp. 408. $16.95.
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Federal Jurisdiction in Australia
By Zelman Cowen …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest ================
1. Admiralty
Provisions of Carriage of Goods by Sea Act Incorporated by Reference in Bill of Lading are to be Given Effect Consistent with other Bill of Lading and Tariff Provisions
Voyage Charter Extended to Cover Contract Setting Termination Date in Order to Avoid "Secret" Maritime Liens
2. International Patent Regulation
In a Patentee's Dealing with Licensees, the Policies Underlying the Patent System do not Override those of the Sherman Act
3. Jurisdiction and Procedure
Foreign Sovereign Immunities Act § 1611 operates when Treaty Waiver does not specifically include a Certain Type of Property
Transactions involving Options …
Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle
Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle
International Law Studies
No abstract provided.
The International Law Of The Armed Forces Abroad, Gordon B. Baldwin
The International Law Of The Armed Forces Abroad, Gordon B. Baldwin
International Law Studies
No abstract provided.
The Status Of Armed Forces Abroad, Robert C. Grabb
The Status Of Armed Forces Abroad, Robert C. Grabb
International Law Studies
No abstract provided.
Reciprocal Influence Of British And United States Law, Clark C. Siewert
Reciprocal Influence Of British And United States Law, Clark C. Siewert
Vanderbilt Journal of Transnational Law
The influence of British and United States courts on each other's statutory and decisional law has been primarily indirect. Although few fundamental differences exist between the legal principles, methods, and concepts of the two major common law jurisdictions, the courts in both countries have resisted the use of the other's case law. This is unfortunate because a United States or an English case might provide a fresh perspective for a domestic court that otherwise feels bound by a previous line of reasoning. Since cases from foreign jurisdictions are most relevant in dealing with a question of international or transnational law, …
Jurisdiction, Myres S. Mcdougal
Status Of Armed Forces Abroad, Wilfred A. Hearn
Status Of Armed Forces Abroad, Wilfred A. Hearn
International Law Studies
No abstract provided.
The Harris V. Taylor Phoenix, Bradford A. Caffrey
The Harris V. Taylor Phoenix, Bradford A. Caffrey
Vanderbilt Journal of Transnational Law
One of the most remarkable aspects of Harris v. Taylor, a decision which has been described as "revolting to common sense" and, somewhat more diplomatically, as "unfortunate"' is the fact that it has taken sixty-four years for the question raised therein to come before the Court of Appeal again. In the intervening years, it has suffered, somewhat unjustly, critical attacks resulting from misapprehension as to what happened and what was decided in that case.
Harris v. Taylor is a classic example of a case properly decided but for the wrong reasons. The plaintiff, domiciled in the Isle of Man, brought …
The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
University of Richmond Law Review
Due to the dramatic rise over the last decade in the number of child custody disputes between parents who are geographically separated, courts increasingly are faced with interstate litigation and its attendant legal and emotional problems. Because foreign state custody decrees traditionally have been viewed as modifiable and therefore have not been accorded the respect given to final decrees, parents who lose in one state have been encouraged to seek a more favorable forum in a second state. By employing such self-help methods as "child snatching,"' a parent can avail himself of a second day in court.
Recent Decisions, James M. Redwine
Recent Decisions, James M. Redwine
Vanderbilt Journal of Transnational Law
The instant decision should serve to stimulate discussion on both the theoretical justifications for and the practical implications of jury trials in actions against governmental defendants, and therefore, may lead to revision of the FSIA. From a theoretical perspective, although the instant court correctly noted the changes effected by the Act, it failed to perceive the full extent of Congress' power in the domestic context. Congress, by its ability to classify entities as "agencies" or "instrumentalities" of the United States, thereby exempting specific entities from the non-jury trial provisions of FTCA, has the power, in effect, to restrict the scope …
Jurisdictional Immunities, William C. Mcauliffe Jr.
Jurisdictional Immunities, William C. Mcauliffe Jr.
International Law Studies
No abstract provided.
Recognition Of States And Governments, Brunson Macchesney
Recognition Of States And Governments, Brunson Macchesney
International Law Studies
No abstract provided.
Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent
Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent
American Indian Law Review
No abstract provided.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Michigan Law Review
This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …