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Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Third-Party Removal Of An Entire Case: Who Can Remove, Who Cannot
Washington and Lee Law Review
No abstract provided.
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
South Carolina Law Review
No abstract provided.
The Political Question Doctrine In State Courts, Nat S. Stern
The Political Question Doctrine In State Courts, Nat S. Stern
South Carolina Law Review
No abstract provided.
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
University of Arkansas at Little Rock Law Review
No abstract provided.
Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren
Transnational Litigation In American Courts: An Overview Of Problems And Issues, Robert B. Von Mehren
Penn State International Law Review
This Article discusses problems and issues that attorneys practicing in the area of transnational litigation must understand. These issues include obtaining jurisdiction, forum non conveniens, and service of summons.
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Vanderbilt Journal of Transnational Law
Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)
Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).
Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)
Courts, Statutes And Administrative Agency Jurisdiction: A Consideration Of Limits On Judicial Creativity, Jonathan Mallamud
Courts, Statutes And Administrative Agency Jurisdiction: A Consideration Of Limits On Judicial Creativity, Jonathan Mallamud
South Carolina Law Review
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
A Preliminary Injunction to Prevent a Party from Taking Action in a Foreign Jurisdiction that would Destroy United States Jurisdiction does not Violate Principles of Prescriptive Jurisdiction or International Comity--Laker Airways,Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909 (D.C. Cir.1984).
International Carriers are Subject to the Private Laws of a Foreign State when Carriers are Party to Trade Agreements with that Foreign State and are Doing Business within its Territorial Jurisdiction--British Airways Boardv. Laker Airways, Ltd., [1984] 3 W.L.R. 413; 23 I.L.M. 727.
Court of International Trade has Jurisdiction over Claims Challenging Regulations Governing the Importation of Goods Bearing …
The Euro-Siberian Gas Pipeline Dispute - A Compelling Case For The Adoption Of Jurisdictional Codes Of Conduct, Patrizio Merciai
The Euro-Siberian Gas Pipeline Dispute - A Compelling Case For The Adoption Of Jurisdictional Codes Of Conduct, Patrizio Merciai
Maryland Journal of International Law
No abstract provided.
Remarks On Subject Matter Jurisdiction, Michael Blechman
Remarks On Subject Matter Jurisdiction, Michael Blechman
Vanderbilt Journal of Transnational Law
In United States jurisprudence, two quite different legal concepts are both labeled jurisdiction. In personam or personal jurisdiction refers to the extent to which a court has power over a particular defendant. Subject matter jurisdiction is an entirely different concept that addresses the question of whether a particular law is intended to apply to different kinds of conduct. In the antitrust area, for example, obtaining subject matter jurisdiction depends upon whether conduct within the United States has a sufficient impact on interstate commerce or foreign conduct has a sufficient impact on United States domestic or export commerce to be within …
Obtaining Evidence Abroad, Harry J. O'Kane
Obtaining Evidence Abroad, Harry J. O'Kane
Vanderbilt Journal of Transnational Law
This talk will avoid a discussion of whatever problems exist in true international litigation. True international litigation may be defined as that body of law devoted to disputes between nations and governmental bodies which are addressed in nonterritorial world courts or those courts accepting the disputes under their own system of jurisprudence. My remarks will focus on the problems in obtaining evidence in a country other than the United States for use in a suit within the United States. A tabular listing of information relating to what can and cannot be accomplished in the way of obtaining evidence in various …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
THE UNITED STATES MAY EXERCISE JURISDICTION OVER PERSONSON A "STATELESS" VESSEL WITHOUT SHOWING A NEXUS BETWEEN THE VESSEL AND THE UNITED STATES--United States v. Pinto-Mejia, 720 F.2d 248 (2d Cir. 1983).
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ALIEN RETAINS RIGHT TO DEPORTATION PROCEEDING AFTER RETURNING FROM AUTHORIZED DEPARTURE NOTWITHSTANDING THAT IMMIGRATION AND NATURALIZATION SERVICE PERMISSION TO DEPART WAS STYLED AS AN "ADVANCE PAROLE"--Joshi v. District Director, Immigration and Naturalization Serv., 720 F.2d 799 (1983).
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NO VIOLATION OF INTERNATIONAL LAW WHEN EQUIPMENT LOCATED IN UNITED STATES RECORDS TRANSNATIONAL TELECOMMUNICATIONS--United States v. Romano, 706 F.2d 370 (2d Cir. 1983).
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UNITED STATES MANUFACTURERS HAVE A CAUSE …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).
LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).
FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).
IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …
Advisory Opinions Of The Inter-American Court Of Human Rights, Bert B. Lockwood Jr.
Advisory Opinions Of The Inter-American Court Of Human Rights, Bert B. Lockwood Jr.
Denver Journal of International Law & Policy
No abstract provided.
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
Criminal Jurisdiction: Jurisdiction To Sentence And Convict For Lesser Included Offenses Under The Major Crimes Act: A Critical Assessment Of The Keeble Legacy, Susan M. Mcgoldrick
American Indian Law Review
No abstract provided.
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark
Northwestern Journal of International Law & Business
This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …
The Arbitration Of A Public Securities Dispute, Constantine N. Katsoris
The Arbitration Of A Public Securities Dispute, Constantine N. Katsoris
Fordham Law Review
No abstract provided.