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Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe
Jurisdiction In Cyberspace: A Theory Of International Spaces, Darrel C. Menthe
Michigan Telecommunications & Technology Law Review
Unfortunately, when the law confronts cyberspace the usual mode of analysis is analogy, asking not "What is cyberspace?" but "What is cyberspace like?" The answers are varied: a glorified telephone, a bookstore, a bulletin board. I propose that we look at cyberspace not in these prosaic terms, but rather through the lens of international law in order to give cyberspace meaning in our jurisprudence. The thesis of this paper is that there exists in international law a type of territory which I call "international space." Currently there are three such international spaces: Antarctica, outer space, and the high seas. For …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …
Conflict Of Laws-Jurisdiction In Rem Of Documented Claims
Conflict Of Laws-Jurisdiction In Rem Of Documented Claims
Michigan Law Review
A court has jurisdiction in rem over any res of which it has physical control. But does physical control of a document carry with it the control of the chose in action which it represents? This involves an inquiry as to what extent the chose in action is embodied in the document, to what extent the certificate is itself the res or property. Answers to this question have varied with the type of document and even with the type of suit in which the problem has arisen.
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Conflict Of Laws-Jurisdiction
Michigan Law Review
Appellant, a resident of Iowa, was ordered by the military department of the United States to take his troops to Fort Snelling, Minnesota, for a training period, during which time he was served with summons to appear in the district court of Ramsey county. Appellant filed a motion to quash, on the grounds that the Minnesota court had no jurisdiction since he was on a military reservation belonging to the United States and claimed privilege from service because he was involuntarily there in obedience to orders. The motion was overruled and judgment was entered against him. Held, if the …
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Michigan Law Review
A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …