Jurisdiction Commons^™

Lack Of Subject Matter Jurisdiction Or Political Deferral: An Analysis Of Bragg V. West Virginia Coal Association, Crystal Moore

Journal of Natural Resources & Environmental Law

No abstract provided.

Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul

Journal of Natural Resources & Environmental Law

No abstract provided.

Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker

Journal of Natural Resources & Environmental Law

No abstract provided.

Fraudulent Joinder, Federalism, And The Twombly/Iqbal Problem, Charles W. Oldfield

Kentucky Law Journal

No abstract provided.

The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction, Steven A. Neace

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Jurisdictional Entrapment Defense: An Analytic Framework For Claims Of Manufactured Jurisdiction In Child Exploitation Prosecutions, Leonid Feller

Kentucky Law Journal

No abstract provided.

Stolen Art And Sovereign Immunity: The Case Of Altmann V. Austria, Michael D. Murray

Law Faculty Scholarly Articles

Part I of this Article will briefly recount the principal facts of Altmann v. Republic ofAustria. Parts II through IV will then address the principal arguments that Austria has raised against the application of the Foreign Sovereign Immunities Act, namely: 1. That the FSIA would have an impermissible retroactive effect if it were to be applied to Altmann's claims arising from operative facts that occurred before both the effective date of the FSIA and the 1952 Tate Letter; 2. That the conduct of the Nazi regime and its agencies and instrumentalities in World War II, including Austria, in no way …

Jurisdiction Under The Foreign Sovereign Immunities Act For Nazi War Crimes Of Plunder And Expropriation, Michael D. Murray

Law Faculty Scholarly Articles

This article addresses each of these issues regarding the application of jurisdiction under the FSIA to World War II and other pre-1952 war crimes, including claims involving expropriation and plunder of personal property, and concludes that none of these issues prevents the exercise of jurisdiction under the FSIA for resolution of these claims in United States courts. Part II discusses the history of the doctrine of sovereign immunity in the United States prior to the enactment of the FSIA, with particular reference to the development of the restrictive theory of sovereign immunity. Part III discusses the structure and purpose of …

Extraterritorial Jurisdiction And U.S. Securities Law: Seeking Limits For Application Of The 10(B) And 10b-5 Antifraud Provisions, Brandy L. Fulkerson

Kentucky Law Journal

No abstract provided.

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …

A Jurisdictional Quandary: Challenges Facing Tribal Governments In Implementing The Full Faith And Credit Provisions Of The Violence Against Women Acts, Melissa L. Tatum

Kentucky Law Journal

No abstract provided.

Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille

Kentucky Law Journal

No abstract provided.

The Reemergence Of The Sovereign Immunity Doctrine In Kentucky, Earl F. Hamm Jr.

Kentucky Law Journal

No abstract provided.

United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram

Kentucky Law Journal

No abstract provided.

Violence Against Women And The Commerce Clause: Can This Marriage Survive?, Jennifer C. Philpot

Kentucky Law Journal

No abstract provided.

"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy

Kentucky Law Journal

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …

California V. Ferc: Federal Supremacy In Hydroelectric Power Continues, Jill K. Osborne

Kentucky Law Journal

No abstract provided.

Choice Of Forum And Choice Of Law In The Federal Courts: A Reconsideration Of Erie Principles, Earl M. Maltz

Kentucky Law Journal

No abstract provided.

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.

Giving The Boot To The Long-Arm: Analysis Of Post-International Shoe Supreme Court Personal Jurisdiction Decisions, Emphasizing Unrealized Implications Of The "Minimum Contacts" Test, Stanley E. Cox

Kentucky Law Journal

No abstract provided.

A Question Of Power: Judicial Review Of Congressional Rules Of Procedure, Gregory Frederick Van Tatenhove

Kentucky Law Journal

No abstract provided.

Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers

Kentucky Law Journal

No abstract provided.

Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers

Kentucky Law Journal

No abstract provided.

Allstate Insurance Company V. Hague: Abandonment Of Meaningful Constitutional Controls On Choice Of Law, Richard W. Mattson

Kentucky Law Journal

No abstract provided.

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman

Kentucky Law Journal

No abstract provided.

Diversity Jurisdiction In Reverse Direct Actions: Section 1332(C) And The Need For Legislative Clarification, Roy D. Wasson

Kentucky Law Journal

No abstract provided.

Substantive Due Process Controls Of Quasi In Rem Jurisdiction, John R. Leathers

Kentucky Law Journal

No abstract provided.

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.