Jurisdiction Commons^™

Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer

University of Michigan Journal of Law Reform

This Note examines the conflicting authority regarding the scope of section 502(a) of ERISA. There is a fundamental split among the United States Courts of Appeals concerning whether parties not specifically enumerated in section 502(a) have standing to bring civil actions to enforce ERISA's provisions. The Ninth Circuit has held consistently that non-enumerated parties are entitled to sue under ERISA. The Second Circuit, however, repeatedly has held that parties not explicitly specified in section 502(a). do not have standing to bring an action under the Act. This Note addresses the question of whether employers and pension funds, as non-enumerated parties, …

Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire

University of Arkansas at Little Rock Law Review

No abstract provided.

Keeton, Calder, Helicopteros And Burger King - International Shoe'sMost Recent Progeny, William J. Knudsen Jr.

University of Miami Law Review

No abstract provided.

A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts

Washington and Lee Law Review

No abstract provided.

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron

BYU Law Review

No abstract provided.

Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel

Faculty Publications

No abstract provided.

Why Professor Redish Is Wrong About Abstention, Michael Wells

Scholarly Works

Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …

Quantification Of Indian Rights: Problems Of Proof, Harry R. Sachse

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

32 pages.

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.

Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson

Indiana Law Journal

No abstract provided.

The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz

Scholarly Works

The Supreme Court's 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960's, when, emboldened by the Supreme court's recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, …

Fetal Research: The Question In The States, Charles Baron

Charles H. Baron

This article is based on a paper delivered at the Third National Symposium on Genetics and the Law in Boston, April 1984.

Beyond Pennhurst: Protective Jurisdiction, The Eleventh Amendment, And The Power Of Congress To Enlarge Federal Jurisdiction In Response To The Burger Court, George D. Brown

George D. Brown

No abstract provided.

Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly

Washington and Lee Law Review

No abstract provided.

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker

Faculty Publications

In topology a Mobius strip is a one-sided surface formed by holding one end of a rectangle fixed, rotating the opposite end 180 degrees, and joining the two ends.'In Supreme Court jurisdiction the independent and adequate state ground doctrine forms a similar figure by joining, on one side, the power of the Court to revise the judgments of state courts on issues of federal law with, on the other side, the Court's lack of any general power to re examine issues of state law.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

The Multistate Consumer Class Action: Local Solutions, National Problems, 87 W. Va. L. Rev. 271 (1985), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott

Vanderbilt Journal of Transnational Law

This Note will first examine the development of "forum non conveniens" in Scotland, the country of the doctrine's origin. It will compare the doctrine to the traditional English policy of staying proceedings in situations involving vexation or oppression, and examine how the liberalization of the English policy has led ultimately to the recognition of forum non conveniens as an appropriate description for the factors an English court will consider prior to a dismissal or stay of an action. Similarly, the doctrine of forum non conveniens in the United States will be compared with the doctrines in the other two jurisdictions, …

Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith

Buffalo Law Review

No abstract provided.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

Vouching: In Or Out?

Washington and Lee Law Review

No abstract provided.

Judicial Authority In The Settlement Of Federal Civil Cases

Washington and Lee Law Review

No abstract provided.

The Putative Marriage Doctrine, Christopher L. Blakesley

Scholarly Works

The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

Touro Law Review

No abstract provided.

Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon

Northwestern Journal of International Law & Business

The extraterritorial application of national laws has become a battle ground over the last forty years for both private parties and states, who are either seeking to enforce their laws or to protect their nationals and their own interests. The conflicts have been most intense over the application of economic regulation to international business conduct where the situs and the effects of the conduct may be quite difficult to locate within the borders of any single state. Often, the United States has sought to enforce its laws when conduct abroad by foreign nationals adversely affected its interests. The intention of …

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.