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Articles 31 - 60 of 76
Full-Text Articles in Entire DC Network
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Cyberspace, Sovereignty, Jurisdiction, And Modernism, Joel Trachtman
Indiana Journal of Global Legal Studies
No abstract provided.
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Federal Communications Law Journal
The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …
Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler
Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler
Federal Communications Law Journal
The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority over interstate telecommunications service, while the states retain authority over purely intrastate telecommunications. This has led to a "border war" between the FCC and the states over exactly where the dividing line between their respective regulatory spheres lies. They have also clashed over the scope of permissible FCC preemption of state regulatory authority when that authority conflicts with federal policies. After twenty years of conflict, however, three recent appellate decisions may have provided an opportunity to bring the conflict to an end by clarifying both …
State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber
State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber
Indiana Law Journal
No abstract provided.
Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson
Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson
Indiana Law Journal
No abstract provided.
Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum
Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum
Indiana Law Journal
The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Waiver In Indiana-A Conflict With The Goals Of The Juvenile Justice System, Jacqueline Simmons
Indiana Law Journal
No abstract provided.
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Authorization Of A Petition Of Delinquency: The Juvenile's Right To A Preliminary Hearing And Standards Limiting Judicial Discretion, James Dickson
Indiana Law Journal
No abstract provided.
New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia
New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia
Indiana Law Journal
No abstract provided.
Federal Venue And The Corporate Plaintiff
Federal Venue And The Corporate Plaintiff
Indiana Law Journal
STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:
The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdictioi and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.
In this last note the plight of the corporate plaintiff in federal …
Erie V. Tompkins And Federal Determinants Of Place Of Trial
Erie V. Tompkins And Federal Determinants Of Place Of Trial
Indiana Law Journal
STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:
The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdiction and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.
This second note analyzes the dichotomy between the concept of federal diversity …
Effect Of Illegal Abduction Into The Jurisdiction On A Subsequent Conviction
Effect Of Illegal Abduction Into The Jurisdiction On A Subsequent Conviction
Indiana Law Journal
No abstract provided.
Propriety Of A Stay In Federal Court When Companion State Court Suit Runs Concurrently
Propriety Of A Stay In Federal Court When Companion State Court Suit Runs Concurrently
Indiana Law Journal
Recent Cases: Federal Jurisdiction
A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States (5th Ed.), By Charles W. Bunn, Charles E. Clark
A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States (5th Ed.), By Charles W. Bunn, Charles E. Clark
Indiana Law Journal
No abstract provided.
Effect Of State Statute On Jurisdiction Of Federal Courts
Effect Of State Statute On Jurisdiction Of Federal Courts
Indiana Law Journal
Federal Courts Note
Historical Bases Of Federal Judicial System, John P. Frank
Historical Bases Of Federal Judicial System, John P. Frank
Indiana Law Journal
No abstract provided.
Forum Non Conveniens In The Federal Courts
Forum Non Conveniens In The Federal Courts
Indiana Law Journal
Federal Jurisdiction Note
Jurisdiction Of Municipal Zoning Questions
Jurisdiction Of Municipal Zoning Questions
Indiana Law Journal
Notes and Comments: Administrative Law
Future Earning As Basis For Equity Jurisdiction
Future Earning As Basis For Equity Jurisdiction
Indiana Law Journal
Notes and Comments: Jurisdiction
State Rules Of Substance And Procedure
State Rules Of Substance And Procedure
Indiana Law Journal
Notes and Comments: Federal Jurisdiction
Naval Courts Martial, Max C. Peterson
Jurisdiction Of State Equity Courts
Jurisdiction Of State Equity Courts
Indiana Law Journal
Notes and Comments: National Labor Relations Act
Power Of State Of Indiana To Prevent Pollution Of The Ohio River
Power Of State Of Indiana To Prevent Pollution Of The Ohio River
Indiana Law Journal
Notes and Comments: Conservation
Service Of Process On Foreign Corporations Not Admitted To Do Business In The State
Service Of Process On Foreign Corporations Not Admitted To Do Business In The State
Indiana Law Journal
Legislative Comment
What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally
What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally
Indiana Law Journal
No abstract provided.
Divorce-Jurisdiction Over Subject Matter-Res Judicata
Divorce-Jurisdiction Over Subject Matter-Res Judicata
Indiana Law Journal
No abstract provided.
Conflict Of Criminal Laws, By Edward S. Stimson, James J. Robinson
Conflict Of Criminal Laws, By Edward S. Stimson, James J. Robinson
Indiana Law Journal
No abstract provided.
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts
Indiana Law Journal
No abstract provided.
Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation
Indiana Law Journal
No abstract provided.