Law Commons^™

Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz

Dalhousie Law Journal

In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …

Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz

Dalhousie Law Journal

In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …

Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz

Dalhousie Law Journal

In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …

Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz

Dalhousie Law Journal

In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …

Oy Nokia And Order Xi: Notes On Unstructured Bases Of Jurisdiction, Michael T. Hertz

Dalhousie Law Journal

In Oy Nokia Ab v. The Ship "Martha Russ" 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship "Martha Russ", her German corporate owners, E. Russ & Co., a second ship, the Dutch "Korendyk", and the latter's owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia's claim sounded in both tort and breach of contract in that the defendants had allegedly delivered …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring

Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction

Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico

Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition

2. Common Market

European Community Directive Requires that in the Event of …

Obtaining Personal Jurisdiction Over Alien Corporations--A Survey Of U.S. Practice, John D. Gleissner, David C. Veeneman, S. Rodgers Wheaton

Vanderbilt Journal of Transnational Law

With the increase in international trade, civil litigation between persons of different nationalities has become increasingly important. Today alien and foreign corporations are being brought before American courts to defend actions arising out of products liability, contract, and tort. There is considerable authority holding alien and foreign corporations amenable to jurisdiction on the basis of a single act or business transaction. The states themselves are affecting international trade since state law is chosen to determine the amenability of alien and foreign corporations to suit in diversity actions in federal court.

This survey presents a cross-section of recent cases and attempts …

Jurisdiction: Exhaustion Of Remedies And The Status Of Tribal Courts, Sue Salmon

American Indian Law Review

No abstract provided.

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

The Act Of State Doctrine: Alfred Dunhill Of London, Inc. V. Republic Of Cuba, John S. Williams

Vanderbilt Journal of Transnational Law

With its decision in Alfred Dunhill of London, Inc. v. Republic of Cuba, the Supreme Court has, for the third time in twelve years, rendered a significant if not landmark ruling on the act of state doctrine. Before 1964 the Court had not decided a case involving that doctrine for more than twenty years. During that intervening period many questions were raised in the learned writings on the subject, and the controversial decision, Bernstein v. N. V. Nederlandsche-Amerikaansche, etc., was decided by the Second Circuit Court of Appeals in New York.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

Payment of Wages to Discharged Seaman is not Limited to Direct Cash Payment if other Methods are more Appropriate

Rules for the Transfer of an Admiralty Suit to another Forum are the Same for in Rem as for In Personam Actions

Longshoremen Injured on Employer's Vessel have a Negligence Action against that Employer for Non-stevedore Caused Injuries

Lack of Subject Matter Jurisdiction and Availability of an Alternative Forum denies Foreign Seaman Access to Federal Courts

Longshoreman's Employer is not a Necessary or Indispensable Party to Longshoreman's Action against Shipowner for Negligence

Wrongful Death Remedy under Decisional Maritime Law …

Footnote To The Nuclear Test Cases: Abuse Of Right--A Blind Alley For Environmentalists, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

In a recent article entitled "French Nuclear Tests and Article 41: Another Blow to the Authority of the Court," the author questioned the approach of the learned Judges of the International Court of Justice to article 41 of the Court's Statute. The title of that article was intended to deplore the recent tendency of States (most particularly France, but also Iceland) who are parties to the Statute of the International Court of Justice to arrogate to themselves the right to determine whether the Court has jurisdiction...

The judgment of December 20, 1974 is but one more example of the extremes …

Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau

Vanderbilt Journal of Transnational Law

Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.

The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review

No abstract provided.

Long-Arm Wrestling With Pennsylvania's Jurisdiction Over Nonresident Individuals: The Reach Of Section 8305, Don O. Burley

Villanova Law Review

No abstract provided.

The Confusing World Of Interstate Commerce And Jurisdiction Under The Sherman Act - A Look At The Development And Future Of The Currently Employed Jurisdictional Tests, Kevin S. Anderson

Villanova Law Review

No abstract provided.

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review

No abstract provided.