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Full-Text Articles in Jurisdiction
Supreme Court Voting Patterns Related To Jurisdictional Issues, John R. Leathers
Supreme Court Voting Patterns Related To Jurisdictional Issues, John R. Leathers
Washington Law Review
The past decade of development by the United States Supreme Court of constitutional law related to jurisdiction has been one of amazingly swift occurrences. Although progress in the area has traditionally been glacial, the Court has produced a consistent flow of opinions over the last ten years. With the flow has come a virtual flood of commentary. A consensus is emerging among scholars, perhaps shared by some members of the Court, that the current developmental framework for judicial jurisdiction dating from International Shoe Co. v. Washington may be ripe for revamping, and that the process may produce a new framework. …
The Parental Kidnaping Prevention Act: Is There An Enforcement Role For The Federal Courts?, Ann T. Wilson
The Parental Kidnaping Prevention Act: Is There An Enforcement Role For The Federal Courts?, Ann T. Wilson
Washington Law Review
The number of divorced parents has increased dramatically since 1970. Consequently, the number of custody disputes has risen. In our increasingly mobile society, it is not surprising that many of these disputes occur across state lines. Extended litigation creates additional uncertainty and instability for children involved in these disputes. In response to this growing problem, Congress enacted the Parental Kidnapping Prevention Act of 1980 (PKPA). The PKPA requires that state courts enforce and not modify the child custody determinations of other states. The duty to enforce arises if the initial custody determination meets certain conditions. 6 Despite the existence of …
Sin, Scandal, And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Sin, Scandal, And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Washington Law Review
As part of the attempt to understand modem doctrine, this article first reexamines Pennoyer v. Neff. This reexamination goes beyond the Supreme Court opinion and looks both at the underlying story of the case and the lower court opinion. The story of Pennoyer v. Neff is of considerable interest in and of itself. The cast of characters includes a bigamous United States Senator who was elected under an alias, a governor of Oregon who used his inauguration as a platform to decry his loss in the case, and an illiterate but litigious settler. In addition, the lower court opinion, all …
Rethinking The Act Of State Doctrine: An Analysis In Terms Of Jurisdiction To Prescribe, David C.K. Chow
Rethinking The Act Of State Doctrine: An Analysis In Terms Of Jurisdiction To Prescribe, David C.K. Chow
Washington Law Review
This article proposes a new conception of the act of state doctrine. The basic approach of this new conception is that the act of state doctrine should be analyzed in terms of international law principles governing a sovereign state's jurisdiction to prescribe rules of law. As used here, jurisdiction to prescribe refers to the appropriate authority of a state "to make its law applicable to the activities, relations, or status of persons, or the interests of persons in things." In analyzing questions of prescriptive jurisdiction, this article employs the useful and important approach set forth by the recently adopted Restatement …