Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Prehearing Research And Screening In The Michigan Court Of Appeals: One Court's Method For Increasing Judicial Productivity, T. John Lesinski, N. O. Stockmeyer, Jr.
Prehearing Research And Screening In The Michigan Court Of Appeals: One Court's Method For Increasing Judicial Productivity, T. John Lesinski, N. O. Stockmeyer, Jr.
Vanderbilt Law Review
An overview of the organization and duties of the Michigan Court of Appeals may aid in understanding the function and operation of its prehearing system. The Michigan Court of Appeals is an intermediate appellate court of statewide jurisdiction.' It hears appeals taken as a matter of right from both civil and criminal judgments of inferior courts,' and has original jurisdiction in specified habeas corpus, superintending control, apportionment, quo warranto, and mandamus proceedings. The court also hears appeals by leave, including applications for delayed appeal not timely filed as of right, appeals from state administrative agencies (principally workmen's compensation awards), and …
The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier
The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier
Vanderbilt Journal of Transnational Law
In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …