Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (22)
- Courts (14)
- State and Local Government Law (13)
- Law and Society (10)
- Civil Rights and Discrimination (9)
-
- Supreme Court of the United States (9)
- Civil Procedure (8)
- Conflict of Laws (8)
- Criminal Law (8)
- Criminal Procedure (8)
- Judges (8)
- Litigation (8)
- Fourteenth Amendment (7)
- Legal History (7)
- Business Organizations Law (6)
- Civil Law (6)
- Human Rights Law (6)
- Rule of Law (6)
- Administrative Law (5)
- Jurisprudence (5)
- Public Law and Legal Theory (5)
- Social Welfare Law (5)
- Common Law (4)
- Evidence (3)
- Fourth Amendment (3)
- Health Law and Policy (3)
- Land Use Law (3)
- Law and Politics (3)
- Institution
- Publication Year
- Publication
-
- Michigan Law Review (17)
- Touro Law Review (8)
- Vanderbilt Journal of Transnational Law (7)
- Vanderbilt Law Review (3)
- American Indian Law Review (1)
-
- Arkansas Law Review (1)
- Fordham Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Maryland Law Review (1)
- Michigan Law Review Online (1)
- Public Land & Resources Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- University of Baltimore Law Forum (1)
Articles 1 - 30 of 45
Full-Text Articles in Jurisdiction
Consent By Registration: The "Back-Door Thief", Nate Arrington
Consent By Registration: The "Back-Door Thief", Nate Arrington
Arkansas Law Review
Consider this personal jurisdiction quandary: A growing Arizona company wants to start expanding into other states. The company is incorporated in Delaware and has its principal place of business in Arizona. It decides to make the leap and begins registering to do business in a few surrounding states, including New Mexico. The registration seems straightforward and does not mention anything about jurisdiction. After the registration, but before conducting any business in New Mexico, a Kentucky resident decides to sue the Arizona-based corporation. The suit is based on an alleged tort occurring in Utah, and the plaintiff files the lawsuit in …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Due Process Supreme Court Rockland County
Due Process Supreme Court Appellate Division Second Department
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
The Scholar: St. Mary's Law Review on Race and Social Justice
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …
Solving The Nonresident Alien Due Process Paradox In Personal Jurisdiction, Robin J. Effron
Solving The Nonresident Alien Due Process Paradox In Personal Jurisdiction, Robin J. Effron
Michigan Law Review Online
Personal jurisdiction has a nonresident alien problem. Or, more accurately, personal jurisdiction has two nonresident alien problems. The first is the extent to which the specter of the nonresident alien defendant has overshadowed-if not unfairly driven-the discourse and doctrine over constitutional personal jurisdiction. The second is that the constitutional right to resist personal jurisdiction enjoyed by the nonresident alien defendant in a civil lawsuit is remarkably out of alignment with that same nonresident alien's ability to assert nearly every other constitutional right. Neither of these observations is new, although the first problem has drawn far more scholarly attention than the …
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Are Campus Sexual Assault Tribunals Fair?: The Need For Judicial Review And Additional Due Process Protections In Light Of New Case Law, Emily D. Safko
Fordham Law Review
The pervasiveness of sexual assault on college and university campuses and the schools’ failures to take sexual assault seriously have resulted in recent reforms to college campus disciplinary proceedings. The federal government has largely prompted this wave of reform through Title IX, requiring schools to employ particular policies and procedures for investigating and adjudicating sexual assault as a condition of receiving federal funds. Although the federal government’s mandates may be properly motivated, these reforms are criticized because they encourage schools to enact procedures that are heavily stacked against those accused of sexual assault. Consequently, students alleging that they have been …
Extraterritorial Criminal Jurisdiction, Michael Farbiarz
Extraterritorial Criminal Jurisdiction, Michael Farbiarz
Michigan Law Review
Over and over again during the past few decades, the federal government has launched ambitious international prosecutions in the service of U.S. national security goals. These extraterritorial prosecutions of terrorists, arms traffickers, and drug lords have forced courts to grapple with a question that has long been latent in the law: What outer boundaries does the Constitution place on criminal jurisdiction? Answering this question, the federal courts have crafted a new due process jurisprudence. This Article argues that this jurisprudence is fundamentally wrong. By implicitly constitutionalizing concerns for international comity, the new due process jurisprudence usurps the popular branches’ traditional …
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
University of Baltimore Law Forum
A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald
Michigan Law Review
At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
Vanderbilt Journal of Transnational Law
The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Vanderbilt Journal of Transnational Law
Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN
--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)
===========
EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE
--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)
===============
ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …
A Brave New World For Personal Jurisdiction: Flexible Tests Under Uniform Standards, Harold S. Lewis, Jr.
A Brave New World For Personal Jurisdiction: Flexible Tests Under Uniform Standards, Harold S. Lewis, Jr.
Vanderbilt Law Review
This Article accepts the challenge to unify personal jurisdiction theory by proposing an approach that accommodates both the contacts-based and noncontacts-based tests under uniform jurisdictional standards. The analysis builds on the major assumption,elaborated in part II, that the Supreme Court's decision in Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee removed the principal barrier to a unified theory by ousting governmental interests from their long held place in personal jurisdiction decisions. The principal thesis is that International Shoe has made two general, lasting contributions to jurisdictional theory.First, International Shoe recognized, although less clearly than Ireland, that the goal …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction
Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew
Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness
University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process
Order …
The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker
The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker
Vanderbilt Journal of Transnational Law
This Note proposes to examine the nature of United States contacts availed of by foreign defendants, and to determine the impact of Shaffer on the potential assertion of quasi-in-rem jurisdiction based on those contacts. It is instructive to consider quasi-in-rem jurisdiction's relation to four possible scenarios involving a foreign defendant: (1) the foreign defendant who owns real estate in this country; or (2) maintains deposits in United States banks; or (3) invests in securities that are registered locally; or (4) extends credit to United States companies or individuals on a regular basis. This Note ultimately concludes that in light of …
Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians
American Indian Law Review
No abstract provided.
Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau
Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau
Vanderbilt Journal of Transnational Law
Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.
The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …
Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.
Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.
Vanderbilt Journal of Transnational Law
Admiralty--Punitive Damages Awarded under the Jones Act
P.B.S.
Subpoena of Documents Located in Foreign Jurisdictions Where Compliance Subjects Witness to Civil or Criminal Sanctions in Foreign State
J.V.K.
Release of American Serviceman to Foreign Court for Trial is not Violative of Due Process Where Substantial United States Constitutional Guarantees are Provided by Foreign Court
W. E. H.
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Michigan Law Review
In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.
Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.
Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.
Vanderbilt Law Review
A great deal has been written about the personal jurisdiction of state courts and particularly about the applicable due process requirements.' Much less has been contributed by commentators on the subject of due process requirements applying to in personam jurisdiction of a United States district court. Perhaps the reason is the difficulty of finding a rationale in the pertinent decisions. These fail to distinguish between the conditions necessary for valid service of federal court process as contrasted with those essential to the proper service of state process. They also fail to explain why the constitutional provision brings about the result …
Constitutional Law - Due Process- Residence Substituted For Domicile As Basis For Divorce Jurisdiction, Paul Gerding S.Ed.
Constitutional Law - Due Process- Residence Substituted For Domicile As Basis For Divorce Jurisdiction, Paul Gerding S.Ed.
Michigan Law Review
Plaintiff husband brought a divorce action under an Arkansas statute, which granted state courts divorce jurisdiction on the basis of residence of one of the parties within Arkansas for three months, to terminate a marriage performed in another jurisdiction. Defendant wife, domiciled in California, filed a cross complaint for separate maintenance and attacked the court's jurisdiction to grant the divorce. The lower court held the act unconstitutional in eliminating domicile of one of the parties as a jurisdictional requirement in a divorce action, and, finding that the plaintiff was not domiciled in Arkansas, dismissed the suit. On appeal, held, …