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Full-Text Articles in Law
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
Articles by Maurer Faculty
A forum selection clause is a form of contractual waiver. By this device, a contract party waives its rights to raise jurisdictional or venue objections if a lawsuit is initiated against it in the chosen court. The use of such a clause in a particular case may therefore raise a set of questions under contract law. Is the waiver valid? Was it procured by fraud, duress, or other unconscionable means? What is its scope? And so on. Unlike most contractual waivers, though, a forum selection clause affects not only the private rights and obligations of the parties, but something of …
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Agora: Reflections On Rjr Nabisco V. European Community: The Scope And Limitations Of The Presumption Against Extraterritoriality, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum
The Viability Of Enterprise Jurisdiction: A Case Study Of The Big Four Accounting Firms, Hannah L. Buxbaum
Articles by Maurer Faculty
One of the boundaries that U.S. courts must observe as they adjudicate regulatory disputes is the limit on their own jurisdictional authority -authority that is measured at the level of the particular forum state. Confronting the expansion of U.S. business activity from the local to the national scale during the second half of the twentieth century, courts consciously broadened jurisdictional standards to address the expanded activities of nationwide corporate groups. Today, by contrast, as the economy continues to expand from the national to the transnational scale, the U.S. Supreme Court has begun a retrenchment. In cases decided during the past …
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Articles by Maurer Faculty
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.
The federal courts, however, do not yet have a coherent response to the problem. They apply …
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
The Jurisdiction Of The Community Courts Reconsidered, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve
When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman
Articles by Maurer Faculty
No abstract provided.
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge
Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
When Is A Political Question Justiciable?, Ivan C. Rutledge
When Is A Political Question Justiciable?, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Jurisdiction Of The States To Tax -- Recent Developments, Fowler Vincent Harper
Jurisdiction Of The States To Tax -- Recent Developments, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
The Validity Of Void Divorces, Fowler Vincent Harper
The Validity Of Void Divorces, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown
The Jurisdiction Of The Federal Courts Based On Diversity Of Citizenship, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
In The Hope Of A New Birth Of The One Form Of Action, Charles M. Hepburn
Articles by Maurer Faculty
No abstract provided.
Courts--Jurisdiction To Vacate Order Of Adoption After Term (Comment On Recent Cases), Bernard C. Gavit
Courts--Jurisdiction To Vacate Order Of Adoption After Term (Comment On Recent Cases), Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.