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Articles 1 - 26 of 26
Full-Text Articles in Law
Practice And Procedure, Elizabeth Leigh Mullikin
Practice And Procedure, Elizabeth Leigh Mullikin
South Carolina Law Review
No abstract provided.
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Faculty Publications
This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …
Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger
Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger
Law and Contemporary Problems
No abstract provided.
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Foreword: Issues In Extraterritoriality, Pamela B. Gann
Law and Contemporary Problems
No abstract provided.
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett
Law and Contemporary Problems
No abstract provided.
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
University of Arkansas at Little Rock Law Review
No abstract provided.
The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer
The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen
Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood
Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood
Law and Contemporary Problems
No abstract provided.
Extraterritorial Subsidiary Jurisdiction
Extraterritorial Subsidiary Jurisdiction
Law and Contemporary Problems
No abstract provided.
Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts
Law and Contemporary Problems
No abstract provided.
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood
Law and Contemporary Problems
No abstract provided.
A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner
A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner
Law and Contemporary Problems
No abstract provided.
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
56 pages.
Includes unsigned annotations by David Getches.
Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson
Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson
Louisiana Law Review
No abstract provided.
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer
Duke Law Journal
No abstract provided.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Seattle University Law Review
Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …
Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay
Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay
Penn State International Law Review
This article addresses the problems of "exorbitant" jurisdiction under the EEC Judgments Convention. Specifically, the author discusses the threat that Article 4 of this document may be used by EEC members to exercise in personam jurisdiction against non-member states. The history and usage of "exorbitant" jurisdiction are discussed, with reference to its legal development, its application under the EEC convention, and its importance in terms of the Hague Draft Convention.
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”' language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue …
Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele
Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele
West Virginia Law Review
No abstract provided.
Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner
Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner
Vanderbilt Journal of Transnational Law
One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.
Having defended the Court against speculative criticism from lawyers …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).
ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).
UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley
Scholarly Works
On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan
Articles
What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.