Law Commons^™

Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman

Washington Law Review

This Comment proposes that courts should apply a market analysis to all "stream of commerce" cases. The proper question in such cases is whether the market for the defendant manufacturer's or dealer's products includes the forum state. If so, the defendant should be subject to jurisdiction in the forum state. The Comment begins with a look at the recent history of the doctrine of personal jurisdiction. It then proposes a market analysis approach as an alternative to the rigid unilateral contacts test, and discusses the market analysis approach in the context of several recent consumer-based contact cases. Finally, the Comment …

Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review

Michigan Law Review

This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …

Diversity Jurisdiction And Alien Corporations: The Application Of Section 1332(C), Jim Whitlatch

Indiana Law Journal

No abstract provided.

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

19 pages.

[Section] 404 Panel Discussion, Gregory J. Hobbs, Jr.

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

5 pages.

Supplemental materials. Includes proposed bill language for Department of the Interior appropriations bill. Outline of key events and dates in the history of water law.

Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.

Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

25 pages.

Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

62 pages.

Contains references.

Effects Of The Clean Water Act On Water Availability And Development, Paula C. Phillips

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Instream Flows As Reserved Rights On Federal Reservations After United States V. New Mexico, Hank Meshorer

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Reserved Water Rights Of Indian Allotments, Richard B. Collins

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Contains references.

The Case For A Legislative Solution To Indian Water Claims, James M. Bush

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Introduction To Reserved Water Rights, Ralph W. Johnson

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

16 pages.

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

14 pages.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.

Territorial Jurisdiction Of Municipal And Regional Police Personnel In New Brunswick, B. Richard Bell

Dalhousie Law Journal

In a free and democratic society, it is essential that citizens know beyond any doubt the territorial jurisdiction of police officers who may attempt to deprive them of their liberty. It is equally as important for police officers to know with certainty their territorial jurisdiction. Recent cases from the Court of Queen's Bench of New Brunswick and the Court of Appeal reflect the uncertainty in this area of the law. Any analysis of this issue must commence with the case of Regina v. Soucy (1975) 11 N.B.R. (2d) 75 (C.A.). In Soucy, the accused had been stopped by a Rothesay …

State Declaratory Judgment Actions "Arising Under" Federal Law: Franchise Tax Board V. Construction Laborers Vacation Trust, Steven Chidester

BYU Law Review

No abstract provided.

Judicial Jurisdiction In The United States And In The European Communities: A Comparison, Friedrich Juenger

Michigan Law Review

Eric Stein deserves our gratitude for making European integration accessible to American students and teachers. He has taught and written widely on this important subject, and the casebook he published with Hay and Waelbroeck is a valuable aid for dispelling what a judge of the Communities' Court of Justice called "splendid mutual ignorance." Following Judge Pescatore's suggestion that it is time to take note of the experience gathered on both sides of the Atlantic, it seems worthwhile to compare the evolution of jurisdictional principles in the United States and in the Common Market.

The Case For Federalizing Rules Of Civil Jurisdiction In The European Community, Peter Hay

Michigan Law Review

The European Community is an "incipient federal structure," even if its scope of operation is limited in subject matter and its creation derives from "a network of treaties rather than [from] a formal constitution." A federal structure at once protects, even nurtures, pluralism and coordinates the constituent units in the interest of a union. Federal legislation promotes the interests of the larger unit; a limitation of powers in the constitutive document preserves the integrity of the members. In the American federation, the United States Supreme Court defines the balance between the reach of state and federal law. The balance, moreover, …

Jurisdiction To Review Agency Nonenforcement Under The Federal Mine Safety And Health Act: The Miner As Litigant, John S. Yun

West Virginia Law Review

No abstract provided.

Jurisdiction And Exemptions Under The Surface Mining Control And Reclamation Act Of 1977, John M. Hedges

West Virginia Law Review

No abstract provided.

Of Activism And Erie- The Implication Doctrine's Implications For The Nature And Role Of The Federal Courts, George D. Brown

George D. Brown

It is clear that Erie is a major precedential foundation for Justices Powell and Rehnquist in their attempt to force a reconsideration of the role of the federal judiciary. In this article, the author finds that a new Erie doctrine has emerged, and it's a potent counterforce to judicial activism in the nonconstitutional domain. The doctrine can be seen at work most clearly in Justice Powell's largely successful attack on the practice of implying rights of action from federal statutes. The new Erie doctrine's implications, however, extend much further. Apart from its practical ramifications, the vision of the federal judiciary …

From Swift To Erie: An Historical Perspective, Gene R. Shreve

Michigan Law Review

A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer

Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Toward A Constitutional Framework For The Control Of State Court Jurisdiction, Robert H. Abrams

Journal Publications

No abstract provided.

The Continuing Diminished Availability Of Federal Habeas Corpus Review To Challenge State Court Judgments: Lehman V. Lycoming County Children's Servies Agency, Ira P. Robbins, Susan M. Newell

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …