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Articles 31 - 60 of 68
Full-Text Articles in Jurisdiction
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.
Dueling Class Actions, Rhonda Wasserman
Dueling Class Actions, Rhonda Wasserman
Articles
When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Publications
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.
This brief response is addressed only to …
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 …
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Vanderbilt Journal of Transnational Law
The field of conflict of laws suffers from a lack of theoretical coherence, and therefore fails to provide a satisfactory basis for discourse, adjudication, legislation, and inter-governmental negotiation regarding issues of prescriptive scope. This Article advances a law and economics-based approach to conflict of laws for use in both the domestic and international context. The Article first assesses the theoretical coherence of some principal conflict of laws approaches, analyzing their resolution of four tensions: predictability and adminstrability versus accuracy, unilateralism versus multilateralism, private interest versus public interests, and courts versus legislatures. It refers to Professor Baxter's "comparative impairment" methodology as …
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
LLM Theses and Essays
This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.
The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg
The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg
Villanova Law Review
No abstract provided.
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts
Washington and Lee Law Review
No abstract provided.
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
American Indian Law Review
No abstract provided.
Federal Courts--State Laws In Conflict With Federal Procedural Rules
Federal Courts--State Laws In Conflict With Federal Procedural Rules
West Virginia Law Review
No abstract provided.
Pluralistic Legislative Jurisdiction: Plaintiff's Choice Under The Klaxon Rule, Richard V. Carpenter
Pluralistic Legislative Jurisdiction: Plaintiff's Choice Under The Klaxon Rule, Richard V. Carpenter
Indiana Law Journal
No abstract provided.
Conflict Of Laws--Full Faith And Credit--Lack Of Jurisdiction Vs. Mistake Of Law, Ralph Charles Dusic Jr.
Conflict Of Laws--Full Faith And Credit--Lack Of Jurisdiction Vs. Mistake Of Law, Ralph Charles Dusic Jr.
West Virginia Law Review
No abstract provided.
Conflict Of Laws And Minimum Jurisdictional Contacts
Conflict Of Laws And Minimum Jurisdictional Contacts
Washington and Lee Law Review
No abstract provided.
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Vanderbilt Law Review
Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.
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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.
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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.
Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook
Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook
West Virginia Law Review
No abstract provided.
Child Custody Across State Lines
Conflict Of Laws -- 1960 Tennessee Survey, Elvin E. Overton
Conflict Of Laws -- 1960 Tennessee Survey, Elvin E. Overton
Vanderbilt Law Review
A well known text book on Conflict of Laws concludes its opening section with the sentence, "In brief, a Conflict of Laws problem arises whenever a foreign element gets into a legal question." If this definition is accepted, there were about twenty cases of Conflicts of Laws decided during the survey period, in the sense that foreign elements were shown to exist in the facts which appeared. In another sense, there were other cases in which it must be suspected that substantial "other state" contacts existed, but in which no express mention appears of such facts. On the other hand, …
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
Michigan Law Review
The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Michigan Law Review
''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …
Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade
Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade
Vanderbilt Law Review
Martin v. Martin' involved a bill in equity by a wife to set aside a divorce decree as fraudulently obtained by the husband. The parties had been domiciled in Pennsylvania. While in Tennessee as a member of the armed forces the husband obtained the divorce in the state. He was subsequently transferred outside the United States. Complainant's bill to set the decree aside for fraud was sustained by the chancellor, defendant being served by publication. Defendant then made a special appearance to contest the jurisdiction of the court and appealed from an adverse ruling.
The Supreme Court held that there …
Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade
Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade
Vanderbilt Law Review
Personal Jurisdiction: In State v. Perry, the Tennessee Department of Public Welfare, which had paid sums for the support of dependents of certain nonresidents, brought an action against the nonresidents for reimbursement and for an order to pay money in the future. No personal service was had on the defendants, and the court held that the Tennessee statute does not authorize the court "to enter a personal judgment against a non-resident husband-father upon the ex parte petition, when that husband-father is not personally before the Court, and afforded no opportunity to be heard.' It correctly implied that such a proceeding …
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …
Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs
Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs
Vanderbilt Law Review
Various recent studies' have confirmed the suspicion that courts continue to find it necessary to approve and rely heavily on the principle of "legislative jurisdiction" residing in some one state, even though they do not often admit it in so many words. Since the discussion of the problem by courts generally assumes that the single question in conflicts is choice of law, and since one of the most influential writers on the subject in recent times has denied the validity of the jurisdictional principle at the common law as a means of solving a conflicts problem, a study giving further …
Assignments Of Accounts Receivable And The Conflict Of Laws Under The Bankruptcy Act, Eugene J.T. Flanagan
Assignments Of Accounts Receivable And The Conflict Of Laws Under The Bankruptcy Act, Eugene J.T. Flanagan
Vanderbilt Law Review
Under our system of government there is no constitutional requirement that the laws of the various states be uniform. On some points there are considerable differences between the laws of sister states. Such is the case with respect to the test for priority of right among successive assignees of an account receivable. This difference becomes of great importance when a multi-state transaction raises the question of the choice of the applicable law.
Fundamentally the problem is whether the jurisdiction in question follows the rule of Dearle v. Hall,' or the so-called American rule. The former establishes the order of precedence …
Conflict Of Laws--Apparent Trends In Jurisdiction, Rosanna A. Blake
Conflict Of Laws--Apparent Trends In Jurisdiction, Rosanna A. Blake
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--Physical Presence And Appearance As Bases Of Jurisdiction, Rosanna A. Blake
Conflict Of Laws--Physical Presence And Appearance As Bases Of Jurisdiction, Rosanna A. Blake
Kentucky Law Journal
No abstract provided.
Conflict Of Laws--The Doing Of An Act As The Basis For Jurisdiction, Rosanna A. Blake
Conflict Of Laws--The Doing Of An Act As The Basis For Jurisdiction, Rosanna A. Blake
Kentucky Law Journal
No abstract provided.