Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Burnham V. Superior Court Of California The Transient Jurisdiction Rule's Much Prophesied Death Sentence Is Commuted To Life, Todd P. Davis
Burnham V. Superior Court Of California The Transient Jurisdiction Rule's Much Prophesied Death Sentence Is Commuted To Life, Todd P. Davis
Mercer Law Review
In Burnham v. Superior Court of California, the Supreme Court attempted to determine whether the due process clause of the fourteenth amendment denied a state court from exercising personal jurisdiction over a nonresident, who was personally served with process while temporarily in that state, in a suit unrelated to his activities in the state. The Court, however, could only concur in the judgment issued by the lower court because it failed to agree upon the method of analysis necessary to resolve the issue before it. Justice Scalia, joined by Chief Justice Rehnquist and Justice Kennedy announced the judgment of …
Constitutional Law—Civil, Albert Sidney Johnson, Susan Cole Mullis
Constitutional Law—Civil, Albert Sidney Johnson, Susan Cole Mullis
Mercer Law Review
During the 1990 survey period, the United States Court of Appeals for the Eleventh Circuit applied recent precedent from the United States Supreme Court in important areas of constitutional civil law such as due process and the measure of damages in fifth amendment just compensation cases. Additionally, the court attempted to resolve issues not yet addressed by the higher court in the areas of qualified immunity of government officials from civil damages, subject matter jurisdiction, and appellate jurisdiction. The court's conflicting panel opinions on the issues of qualified immunity, appellate jurisdiction, and frivolity determinations during 1990 indicate important evolutionary activity …
Constitutional Criminal Procedure, John L. Carroll
Constitutional Criminal Procedure, John L. Carroll
Mercer Law Review
In 1990 the United States Court of Appeals for the Eleventh Circuit was a court in transition. In the Fall of 1989, Judges Roney and Hill took senior status. Then in December of 1989, Judge Vance fell victim to a mail bomb which had been sent to his house. The court then entered 1990 with three vacancies and a tremendous workload. President Bush made appointments to fill two of those vacancies. Judge Birch joined the court on June 12, 1990, and Judge Dubina moved up from the district court of the Middle District of Alabama on October 5, 1990. Despite …