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Articles 1 - 6 of 6
Full-Text Articles in Law
Pos-Graduacao Em Direito: Questoes Correlatas (Post-Graduation In Law: Related Questions), Roberto Rosas
Pos-Graduacao Em Direito: Questoes Correlatas (Post-Graduation In Law: Related Questions), Roberto Rosas
Faculty Articles
No abstract provided.
1979-1980 School Year, St. Mary's University School Of Law
1979-1980 School Year, St. Mary's University School Of Law
The Witan
No abstract provided.
Tutela Processual Do Menor (Procedural Guardianship Of The Minor), Roberto Rosas
Tutela Processual Do Menor (Procedural Guardianship Of The Minor), Roberto Rosas
Faculty Articles
SUMMARY: I. ACTIVE AND PASSIVE CAPACITY OF THE SMALLEST. II. DEFENSE OF THE SMALLEST. III. THE INTEGRATION OF THE MINOR IN THE SOCIETY: ADOPTION AND LEGITIMATION OF ADOPTION.
The Younger Abstention: Primary State Jurisdiction Over Law Enforcement, David A. Dittfurth
The Younger Abstention: Primary State Jurisdiction Over Law Enforcement, David A. Dittfurth
Faculty Articles
The abstention doctrines have received much attention by the United States Supreme Court over the last decade. These doctrines are represented by judicial rules that require federal trial courts, in appropriate circumstances, to abstain from exercising subject matter jurisdiction although they clearly have the power to do so. As a result, the particular case is shunted back into a state judicial system for determination.
The most confusing of these doctrines is the one arising in major part from Younger v. Harris. In short, this case stands for the rule that, once a state criminal prosecution has been initiated, a federal …
Personal Jurisdiction Under Article 2, Ucmj Whither Russo, Catlow, And Brown?, David A. Schlueter
Personal Jurisdiction Under Article 2, Ucmj Whither Russo, Catlow, And Brown?, David A. Schlueter
Faculty Articles
The question of personal jurisdiction for military courts in cases of invalid enlistment creates several legal issues. Invalid enlistment cases exist in a legal gray area due to the uncertainty of whether the cases should be tried by civilian or military courts. The age and competence of the enlistee are material to determining jurisdiction. The conduct of the recruiter directly affects whether the enlistee was competent. Congress amended Article 2 of the Uniform Code of Military Justice in order to address these problems. The amendment resolves many of the lingering jurisdictional issues created by Russo and Brown, but fails to …
Wagner, Valadez And Harrison: A Definitive Enlistment Trilogy, David A. Schlueter
Wagner, Valadez And Harrison: A Definitive Enlistment Trilogy, David A. Schlueter
Faculty Articles
One area where enlistment law has received keen scrutiny is the subject of enlistment contracts vis a vis the question of personal jurisdiction. The Court of Military Appeals’s decision in United States v. Wagner served as the keystone for the Valadez and Harrison decisions. The Court in Wagner established the concept of constructive enlistment, which it subsequently relied on in Valadez and Harrison.
In Wagner, the court addressed whether a regulatory disqualification in and of itself voids the original enlistment contract for purposes of court-martial jurisdiction. The Court stated the regulation in question was not sufficient to void Wagner’s enlistment …