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- Jurisdiction (29)
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Articles 1 - 30 of 71
Full-Text Articles in Law
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, Crystal Moore
Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, Crystal Moore
Journal of Natural Resources & Environmental Law
No abstract provided.
Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul
Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul
Journal of Natural Resources & Environmental Law
No abstract provided.
Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker
Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker
Journal of Natural Resources & Environmental Law
No abstract provided.
Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield
Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield
Kentucky Law Journal
No abstract provided.
The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction, Steven A. Neace
The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction, Steven A. Neace
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller
Kentucky Law Journal
No abstract provided.
Jurisdiction Under The Foreign Sovereign Immunities Act For Nazi War Crimes Of Plunder And Expropriation, Michael D. Murray
Jurisdiction Under The Foreign Sovereign Immunities Act For Nazi War Crimes Of Plunder And Expropriation, Michael D. Murray
Law Faculty Scholarly Articles
This article addresses each of these issues regarding the application of jurisdiction under the FSIA to World War II and other pre-1952 war crimes, including claims involving expropriation and plunder of personal property, and concludes that none of these issues prevents the exercise of jurisdiction under the FSIA for resolution of these claims in United States courts. Part II discusses the history of the doctrine of sovereign immunity in the United States prior to the enactment of the FSIA, with particular reference to the development of the restrictive theory of sovereign immunity. Part III discusses the structure and purpose of …
Extraterritorial Jurisdiction And U.S. Securities Law: Seeking Limits For Application Of The 10(B) And 10b-5 Antifraud Provisions, Brandy L. Fulkerson
Extraterritorial Jurisdiction And U.S. Securities Law: Seeking Limits For Application Of The 10(B) And 10b-5 Antifraud Provisions, Brandy L. Fulkerson
Kentucky Law Journal
No abstract provided.
Stolen Art And Sovereign Immunity: The Case Of Altmann V. Austria, Michael D. Murray
Stolen Art And Sovereign Immunity: The Case Of Altmann V. Austria, Michael D. Murray
Law Faculty Scholarly Articles
Part I of this Article will briefly recount the principal facts of Altmann v. Republic ofAustria. Parts II through IV will then address the principal arguments that Austria has raised against the application of the Foreign Sovereign Immunities Act, namely: 1. That the FSIA would have an impermissible retroactive effect if it were to be applied to Altmann's claims arising from operative facts that occurred before both the effective date of the FSIA and the 1952 Tate Letter; 2. That the conduct of the Nazi regime and its agencies and instrumentalities in World War II, including Austria, in no way …
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum
A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum
Kentucky Law Journal
No abstract provided.
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille
Kentucky Law Journal
No abstract provided.
The Reemergence Of The Sovereign Immunity Doctrine In Kentucky, Earl F. Hamm Jr.
The Reemergence Of The Sovereign Immunity Doctrine In Kentucky, Earl F. Hamm Jr.
Kentucky Law Journal
No abstract provided.
United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram
United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram
Kentucky Law Journal
No abstract provided.
Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot
Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot
Kentucky Law Journal
No abstract provided.
"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy
"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy
Kentucky Law Journal
No abstract provided.
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Kentucky Law Journal
No abstract provided.
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham
Law Faculty Scholarly Articles
Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.
Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …
California V. Ferc: Federal Supremacy In Hydroelectric Power Continues, Jill K. Osborne
California V. Ferc: Federal Supremacy In Hydroelectric Power Continues, Jill K. Osborne
Kentucky Law Journal
No abstract provided.
Choice Of Forum And Choice Of Law In The Federal Courts: A Reconsideration Of Erie Principles, Earl M. Maltz
Choice Of Forum And Choice Of Law In The Federal Courts: A Reconsideration Of Erie Principles, Earl M. Maltz
Kentucky Law Journal
No abstract provided.
3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis
3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis
Continuing Legal Education Materials
Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.
A Question Of Power: Judicial Review Of Congressional Rules Of Procedure, Gregory Frederick Van Tatenhove
A Question Of Power: Judicial Review Of Congressional Rules Of Procedure, Gregory Frederick Van Tatenhove
Kentucky Law Journal
No abstract provided.
Giving The Boot To The Long-Arm: Analysis Of Post-International Shoe Supreme Court Personal Jurisdiction Decisions, Emphasizing Unrealized Implications Of The "Minimum Contacts" Test, Stanley E. Cox
Kentucky Law Journal
No abstract provided.
Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers
Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers
Kentucky Law Journal
No abstract provided.
Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers
Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers
Kentucky Law Journal
No abstract provided.
Allstate Insurance Company V. Hague: Abandonment Of Meaningful Constitutional Controls On Choice Of Law, Richard W. Mattson
Allstate Insurance Company V. Hague: Abandonment Of Meaningful Constitutional Controls On Choice Of Law, Richard W. Mattson
Kentucky Law Journal
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Kentucky Law Journal
No abstract provided.
Diversity Jurisdiction In Reverse Direct Actions: Section 1332(C) And The Need For Legislative Clarification, Roy D. Wasson
Diversity Jurisdiction In Reverse Direct Actions: Section 1332(C) And The Need For Legislative Clarification, Roy D. Wasson
Kentucky Law Journal
No abstract provided.
Substantive Due Process Controls Of Quasi In Rem Jurisdiction, John R. Leathers
Substantive Due Process Controls Of Quasi In Rem Jurisdiction, John R. Leathers
Kentucky Law Journal
No abstract provided.
Misreading The Erie Signs: The Downfall Of Diversity, M. T. Hertz
Misreading The Erie Signs: The Downfall Of Diversity, M. T. Hertz
Kentucky Law Journal
No abstract provided.