Law Commons^™

When Federalism And Separation Of Powers Collide - Rethinking Younger Abstention, George D. Brown

George D. Brown

No abstract provided.

The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth

Research Collection Yong Pung How School Of Law

The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …

Nonideological Judicial Reform And Its Limits-The Report Of The Federal Courts Study Committee, George D. Brown

Washington and Lee Law Review

No abstract provided.

Carden V. Arkoma Associates: A Refusal To Extend The Rule Treating Corporations As Citizens To Limited Partnerships For Federal Diversity Jurisdiction, Joseph J. Buch

West Virginia Law Review

No abstract provided.

Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown

George D. Brown

The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that protects state …

To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler

Brigham Young University Journal of Public Law

No abstract provided.

Untying The Gordian Knot: An Orderly Approach To Federal Jurisdiction Issues In A Basic Course In United States Constitutional Law, Thomas C. Marks Jr.

Campbell Law Review

No abstract provided.

Jurisdiction Over Civil Tax Cases, Larry Kramer

BYU Law Review

No abstract provided.

Rationalizing Removal, Charles Rothfeld

BYU Law Review

No abstract provided.

The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler

BYU Law Review

No abstract provided.

Diversity Jurisdiction, Larry Kramer

BYU Law Review

No abstract provided.

Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson

William & Mary Law Review

No abstract provided.

Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas

UIC Law Review

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

Coordinated Transnational Interaction In Civil Litigation And Arbitration, Peter F. Schlosser

Michigan Journal of International Law

About fifteen years ago, an English shipowner chartered his vessel, the Mareva, to time charterers. After a while, the charterers discontinued payment on the charter and the shipowner instituted court proceedings against them. The plaintiff, concerned about the ability and willingness of the defendants to satisfy an expected judgment, simultaneously applied for a preliminary injunction restraining the defendants from disposing of a subcharter which had been paid into their London bank account. The injunction was granted. Since then, injunctions of this kind have been denominated "Mareva injunctions," although it was the second, rather than the first, case where such an …

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

"You Can Lead A Horse To Water . . .": The Supreme Court's Refusal To Allow The Exercise Of Original Jurisdiction Conferred By Congress, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

This Article will address primarily the lack of textual and historical support for the Court's narrow construction of jurisdictional provisions that cause it to deny the existence of jurisdiction. In addition, the Article will briefly describe the lack of historical support for the Court's independent development of the abstention doctrines and their consequent illegitimacy. Both areas share democratic theory and institutional legitimacy concerns that Professor Redish will address, but let me respectfully suggest that these issues are best understood in light of the congressional thought underlying the Title 28 authorizations.

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …

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.

The Use Of Anti-Suit Injunctions In International Litigation, George A. Bermann

Faculty Scholarship

Of the various forms of provisional relief in the context of inter-national litigation, none has sparked as much interest and controversy as the international anti-suit injunction. In many ways the international anti-suit injunction, an instrument by which a court of one jurisdiction seeks to restrain the conduct of litigation in another jurisdiction, resembles more conventional forms of international provisional relief such as the foreign attachment or preliminary injunction. Like them, the anti-suit injunction affords courts an important opportunity to affect the course and significance of litigation abroad. However, such intervention strongly implies – and often actually creates – jurisdictional conflict …

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.

Federal Jurisdiction, Ronald J. Mann

Faculty Scholarship

One important task of the federal judiciary is to resolve cases presenting tensions between national and state governments. The United States Court of Appeals for the Fifth Circuit justly is renowned for its work in this area. One major, if not sensational, arena in which these tensions surface is in cases presenting issues of federal jurisdiction, pursuant to which federal courts allocate power between the national and state judicial systems.

During the survey period the Fifth Circuit published almost one hundred opinions dealing with substantive issues of federal jurisdiction. Like others before me, I have not undertaken in this essay …

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.