Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 12 of 12
Full-Text Articles in Jurisdiction
Nonparty Jurisdiction, Aaron D. Simowitz, Linda J. Silberman
Nonparty Jurisdiction, Aaron D. Simowitz, Linda J. Silberman
Vanderbilt Journal of Transnational Law
The Supreme Court's recent decisions on personal jurisdiction, including its 2021 decision in Ford Motor Co. v. Montana Eighth Judicial District Court, have all focused on the adjudication of plenary claims. In seven years, the Court has decided six major cases on personal jurisdiction in that context. However, these precedents also appear to guide lower courts in areas outside the traditional focus of personal jurisdiction doctrine but where personal jurisdiction is nonetheless necessary. For example, a court must have personal jurisdiction over a nonparty witness in order to compel the witness to testify or to produce documents. A court must …
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Foreign Relations And Federal Questions: Resolving The Judicial Split On Federal Court Jurisdiction, Erin E. Terrell
Vanderbilt Journal of Transnational Law
The federal circuit courts have disagreed concerning a fundamental issue of federal court jurisdiction: whether cases that may implicate or involve the "foreign relations" of the United States, but do not otherwise raise a more traditional "federal question" under federal law, may be removed from state courts to federal courts. This Note examines the cases that have created the split, and proposes two potential resolutions to it, one judicial and the other legislative.
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Vanderbilt Journal of Transnational Law
In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Vanderbilt Journal of Transnational Law
Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)
Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).
Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants
====================
Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order
====================
Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution
=============
2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid
==============
3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife
==============
4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty
==============
5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …
Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck
Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck
Vanderbilt Journal of Transnational Law
Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment
Aubrey W. Bogle, III
==================
Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court
Edward H. Lueckenhoff
=================
Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary
Clark C. Siewert
=================
Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification
Michael P. Peck
===================
Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …
Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot
Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot
Vanderbilt Journal of Transnational Law
Recent Decisions
ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS
Alan L. Marchisotto
============================
ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES
W. H. Schwarzschild III
============================
ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)
Mark M. Greisberger
============================
ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE
Richard P. Granfield
===========================
CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH
LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS
SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT
COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION
2. BORDER SEARCHES
A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST
3. CONSTITUTIONAL LAW
STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE
4. …
Book Reviews, Harry H. Ransom, Nicolas M. Matte
Book Reviews, Harry H. Ransom, Nicolas M. Matte
Vanderbilt Journal of Transnational Law
FOREIGN AFFAIRS AND THE CONSTITUTION
By Louis Henkin
Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.
Harry Howe Ransom (reviewer)
============================
THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW
By Imre Anthony Csabafi
The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.
Nicolas Mateesco Matte (reviewer)
Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii
Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii
Vanderbilt Journal of Transnational Law
ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"
Randolph B. Jones
=================
ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL
Steven M. Lucas
===============
ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY
John D. Arterberry
================
ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES
Clifford Love III
===================
CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE
SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION
INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE
SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …