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Full-Text Articles in Law
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White
Frederic White Jr
This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa Lonegrass
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa Lonegrass
Melissa T. Lonegrass
No abstract provided.
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
Kevin M. Clermont
Territorial authority to adjudicate is the preeminent component of private international law. Empirical research proves that forum really affects outcome, probably by multiple influences. This practical effect makes international harmonization of jurisdictional law highly desirable. Although harmonization of nonjurisdictional law remains quite unlikely, jurisdictional harmonization is increasingly feasible because, among other reasons, U.S. jurisdictional law in fact exhibits no essential differences from European law. None of the usual assertions holds up as an unbridgeable difference, including that (1) the peculiar U.S. jurisdictional law flows inevitably from a different theory of governmental authority, one that rests on power notions; (2) U.S. …
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret Thomas
Constraining The Federal Rules Of Civil Procedure Through The Federalism Canons Of Statutory Interpretation, Margaret Thomas
Margaret S. Thomas
The doctrine for deciding when to apply the Federal Rules of Civil Procedure to state claims heard in federal court has become a quagmire of exceptions and ephemeral distinctions, in large measure due to the persistent difficulty courts have in separating substantive rules from procedural ones in an era where special procedural rules are often used as an essential regulatory tool in state governance. This article examines the power of Federal Rules of Civil Procedure to displace contrary state law in diversity cases by focusing on the limited functional competence of the Supreme Court and its Advisory Committee to displace …
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert Brown
Dr Robert Brown
Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.
Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré
Watered-Down Rights On The High Seas: Hirsi Jamaa And Others V Italy, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Consent In Context: Fulfilling The Promise Of International Arbitration (Multiparty, Multi-Contract, And Non-Contract Arbitration), Preface By Jan Paulsson, Karim Youssef
Dr. Karim Y Youssef
No abstract provided.
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Ulf Maunsbach
No abstract provided.
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
Jeannette Cox
Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does not confer authority on a federal court to hear a case; a party to the case must also affirmatively invoke the applicable jurisdictional ground. In a sharp break from this traditional understanding, federal courts have recently begun to exercise jurisdiction over cases based on jurisdictional grounds no party has invoked. Courts adopting this practice have concluded that a district court must retain removed cases that meet the requirements of a congressionally-authorized ground of subject matter jurisdiction even when an arguably antecedent requirement — party invocation of that jurisdictional …
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
The Limits Of Jurisdiction Of The Iran-Us Claims Tribunal, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.