Digital Commons Network^™

The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman

William & Mary 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.

Forum Juridicum: The First Two Years After Shaffer V. Heitner, John R. Leathers

Louisiana Law Review

No abstract provided.

Foreign Sovereign Immunities Act Of 1976: Direct Effects And Minimum Contacts, Terence J. Pell

Cornell International Law Journal

No abstract provided.

The Bankruptcy Reform Act Of 1978–A Review And Comments, Glenn E. Pasvogel Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Fact Pleading Notice Pleading And Standing, David M. Roberts

Cornell Law Review

No abstract provided.

Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover

American Indian Law Review

No abstract provided.

Tribal Court Criminal Jurisdiction Over Non-Indians: Testing The Limits Of Retained Sovereignty, Richard A. Samuels

Cornell International Law Journal

No abstract provided.

Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg

Northwestern Journal of International Law & Business

Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when …

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.

Constitutional Law - Due Process - State Court Jurisdiction - Quasi In Rem Proceedings, David S. Wise

Duquesne Law Review

The United States Supreme Court has held that a state's assertion of quasi in rem jurisdiction over a nonresident defendant by attachment of the contractual obligation of the defendant's liability insurer, who is licensed to do business in the forum, is unconstitutional absent other contacts between the defendant and the forum.

Rush v. Savchuk, 444 U.S. 320 (1980).

A Response From The Author, Robert A. Lefler

South Carolina Law Review

No abstract provided.

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 …

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

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 …

Insurer-Initiated Direct Actions And The Section 1332(C) Proviso: Maintaining The Spirit Of Diversity Jusrisdiction, William Murphy

Fordham Law Review

No abstract provided.

Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling

Maryland Journal of International Law

No abstract provided.

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, …

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

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 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 …

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.

Jurisdiction Of The Court--The Supreme Court Of Canada, Peter W. Hogg

Canada-United States Law Journal

No abstract provided.

The Jurisdiction Of The Court--The United States Supreme Court, Eugene Gressman

Canada-United States Law Journal

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Sovereignty: Indian Sovereighty And Tribal Immunity From Suit, Douglas R. Wright

American Indian Law Review

No abstract provided.

The Nature Of The Nation·State System, David D. Warren

International Law Studies

No abstract provided.