Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 19 of 19

Full-Text Articles in Entire DC Network

Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips Jul 1991

Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips

Journal of Dispute Resolution

The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7


Facing Real Conflicts, Joseph William Singer Apr 1991

Facing Real Conflicts, Joseph William Singer

Cornell International Law Journal

No abstract provided.


More Notes On Methods And Objectives In The Conflict Of Laws, Larry Kramer Apr 1991

More Notes On Methods And Objectives In The Conflict Of Laws, Larry Kramer

Cornell International Law Journal

No abstract provided.


Plotting The Next Revolution In Choice Of Law: A Proposed Approach, Gary J. Simson Apr 1991

Plotting The Next Revolution In Choice Of Law: A Proposed Approach, Gary J. Simson

Cornell International Law Journal

No abstract provided.


Federal Recent Development Jan 1991

Federal Recent Development

American Indian Law Review

No abstract provided.


Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller Jan 1991

Bringing Meaning To Interest Balancing In Transnational Litigation, Spencer W. Waller

Vanderbilt Journal of Transnational Law

This Article contends that the current state of the debate over the balancing of interests in the extraterritorial application of United States law is outmoded and in need of serious reexamination. Most commentators and scholars continue to focus on the area of jurisdiction to prescribe, the acceptability of the effects test, and the development of lists of United States and foreign interests to be balanced by a United States court before exercising jurisdiction.

Professor Waller contends that this debate is no longer productive. Extraterritoriality, with some limitations for the interests of other states, is an accepted feature of United States …


Maritime Terrorism And Legal Responses, Dean C. Alexander Jan 1991

Maritime Terrorism And Legal Responses, Dean C. Alexander

Denver Journal of International Law & Policy

No abstract provided.


Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny Jan 1991

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny

Vanderbilt Journal of Transnational Law

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.


Jurisdiction: Burnham V. Superior Court: Adding Confusion To Transient Jurisdiction, Armand Paliotta Jan 1991

Jurisdiction: Burnham V. Superior Court: Adding Confusion To Transient Jurisdiction, Armand Paliotta

Oklahoma Law Review

No abstract provided.


Comptroller And Attorney-General Jan 1991

Comptroller And Attorney-General

Touro Law Review

No abstract provided.


Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn Jan 1991

Federal Supplemental Enforcement Jurisdiction, Susan M. Glenn

South Carolina Law Review

No abstract provided.


Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman Jan 1991

Appellate Jurisdiction For Civil Forfeiture: The Case For The Continuation Of Jurisdiction Beyond The Release Of The Res, Paul S. Grossman

Fordham Law Review

No abstract provided.


Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White Jan 1991

Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White

Seattle University Law Review

The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …


Environmental Law, Honorable Leon D. Lazer Jan 1991

Environmental Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer Jan 1991

Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer

Journal of Dispute Resolution

With the movement toward alternative dispute resolution comes the issue of how much freedom arbitrators will be given before the courts will find the arbitrator's rulings to be beyond their jurisdiction. This Note will provide an understanding of the decision in Cobler v. Stanley, Barber, Southard, Brown & Associates, where the court limited the power of the arbitrator. 2 Further, this Note will explain how Cobler is inconsistent with California case law which suggests that great deference shall be given to the power of arbitrators.


Citizen Suits After Hallstrom: Can A Plaintiff Avoid Dismissal After Failing To Give Sixty Days' Notice?, Robert D. Snook Jan 1991

Citizen Suits After Hallstrom: Can A Plaintiff Avoid Dismissal After Failing To Give Sixty Days' Notice?, Robert D. Snook

Western New England Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Jurisdiction Of The Supreme Court Jan 1991

Jurisdiction Of The Supreme Court

Touro Law Review

No abstract provided.


Trial By Jury Jan 1991

Trial By Jury

Touro Law Review

No abstract provided.