Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisdiction (4)
- Diversity jurisdiction (3)
- Federal jurisdiction (3)
- United States Claims Court (3)
- Appellate jurisdiction (2)
-
- Article III (2)
- Federal Courts Improvement Act of 1982 (2)
- Federal Magistrates Act (2)
- Full case jurisdiction (2)
- Sovereignty (2)
- Special master (2)
- State courts (2)
- Abrogation (1)
- Admission to the bar (1)
- Aggressor as master (1)
- Alimony (1)
- Alternative bid protest forum (1)
- American Indians (1)
- Ancillary jurisdiction (1)
- Antitrust laws (1)
- Appealing from the Claims Court (1)
- Appellate review (1)
- CERCLA (1)
- CERCLA liability (1)
- Chatham Steel v. Brown (1)
- Child support (1)
- Citizenship (1)
- Civil procedure (1)
- Claims Court jurisdiction (1)
- Claims Court procedures (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young
The Chancellors Are Alright: Nationwide Injunctions And An Abstention Doctrine To Salve What Ails Us, Ezra Ishmael Young
Cleveland State Law Review
This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction …
Ripple Effects: The Unintended Change To Jurisdictional Pleading Standards After Iqbal, James E. Von Der Heydt
Ripple Effects: The Unintended Change To Jurisdictional Pleading Standards After Iqbal, James E. Von Der Heydt
Cleveland State Law Review
This Note describes a little-observed ripple effect of the new pleading standard announced in Iqbal, the antiterrorism case whose holding swept broadly and changed the ground rules for considering allegations in so-called 12(b)(6) motions for all civil cases. This Note examines the interplay between the Twombly/Iqbal doctrine and federal courts’ practical approach to subject-matter jurisdiction. Part II describes the background jurisprudence on subject-matter jurisdiction, including the sharp line the Supreme Court has consistently re-drawn between claims lacking merit and those lacking jurisdictional basis, from Bell v. Hood through Arbaugh v. Y & H Corp. The consistent theme of this jurisprudence …
Creating Diversity Jurisdiction In Removal Actions Through The Improper Use Of Federal Rule Of Civil Procedure 21: Procedural Blackjack Or Judicial Bust, Anthony Andricks
Creating Diversity Jurisdiction In Removal Actions Through The Improper Use Of Federal Rule Of Civil Procedure 21: Procedural Blackjack Or Judicial Bust, Anthony Andricks
Cleveland State Law Review
Recently, federal district courts have held that Federal Civil Rule of Procedure 21 bestows upon them the power to sever nondiverse parties or claims to create diversity jurisdiction without first finding that a party or claim is improperly joined. Severance may mean that a plaintiff who brings a state court action against multiple parties, one or more of which is not diverse, runs the risk of a federal court severing the action in a removal analysis, even where the plaintiff has committed no improper joinder of parties. Severance may leave a plaintiff with the need to conduct simultaneous suits--one in …
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Slavery, Federalism, And The Constitution: Ableman V. Booth And The Struggle Over Fugitive Slaves , Earl M. Maltz
Cleveland State Law Review
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramatic confrontations in the long-running dispute over fugitive slaves, the Supreme Court's disposition of the case, and the aftermath of the decision. The Article will begin by describing the state of the dispute over fugitive slaves in the mid-1850s. The Article will then recount the events that brought Ableman to the Supreme Court and analyze the Court's opinion. Finally, the Article will discuss the aftermath and significance of the dispute.
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison
Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison
Cleveland State Law Review
This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Bringing The Camel Into The Tent: State And Federal Power Over Electricity Transmission , Cassandra Burke Robertson
Cleveland State Law Review
This paper provides a framework for understanding the current controversy regarding jurisdiction over the power grid, and provides policy-oriented solutions to ensure an adequate, low-cost transmission supply. The main thesis of this paper is that sound transmission policy requires greater federal power, and that Congress is better equipped than the courts to enact such policy. To this end, Part I of the paper offers an historical outline of the problem and analyzes the statutes and regulations that form the backbone of both the federal and state jurisdictional claims. Part II looks at legal considerations regarding the scope of federal jurisdiction. …
Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake
Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake
Cleveland State Law Review
This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Hazardous Jurisdiction/Chatham Steel Corporation V. Brown: A Note On Personal Jurisdiction And Cercla, Martin A. Mccrory
Cleveland State Law Review
In 1986, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) was amended to include, among other things, a provision for nationwide service of process. This provision greatly increased the choice of federal forums in which to sue defendants in CERCLA cases. In Chatham v. Brown, the court broke from this line of thinking and analyzed the case using a traditional constitutional Due Process analysis. Although the Chatham court ultimately held that it had personal jurisdiction over the defendants, the analysis it used may be a harbinger of things to come. That is to say, the constitutional analysis in Chatham …
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass
Cleveland State Law Review
This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by …
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Suing A State In Federal Court Under A Private Cause Of Action: An Eleventh Amendment Primer, Donald L. Boren
Cleveland State Law Review
A major obstacle facing an attorney, whose client is suing a state in federal court under a right created by a federal law, is the restraints placed on the federal court's jurisdiction by the eleventh amendment to the United States Constitution. The purpose of this article is to provide assistance through this wonderland of eleventh amendment jurisprudence. This article examines three major eleventh amendment issues, plus-and perhaps more importantly-methods of avoiding eleventh amendment litigation. Section I of the article examines the historical evidence on whether the amendment was intended to apply to cases in which a citizen of a state …
The Leave To Plead As A Waiver Of The Jurisdictional Defenses, J. Patrick Browne
The Leave To Plead As A Waiver Of The Jurisdictional Defenses, J. Patrick Browne
Cleveland State Law Review
Civil Rule 12(B) includes three defenses which challenge in personam jurisdiction. They are the 12(B)(2) defense of lack of jurisdiction over the person, the 12(B)(4) defense of insufficiency of process, and the 12(B)(5) defense of insufficiency of service of process. Not infrequently, the assertion of any one or more of these defenses is haunted by the ghost of the old "special appearance," and that which makes the ghost rattle its chains is often the defendant's taking a leave to move or plead before presenting these defenses to the court. In such case it is usually said that the taking of …
The Federal Preemption Question - A Federal Question - An Analysis Of Federal Jurisdiction Over Supremacy Clause Issues, A. Mark Segreti Jr.
The Federal Preemption Question - A Federal Question - An Analysis Of Federal Jurisdiction Over Supremacy Clause Issues, A. Mark Segreti Jr.
Cleveland State Law Review
This Article focuses on the issue of simplicity and predictability in analyzing federal question jurisdiction and recommends making federal court jurisdiction, in the area of federal preemption, consistent with logic. Federal question jurisdiction should be based on the source of the controlling substantive law. This approach is more logical, and therefore easier to understand. It is also more certain and therefore more predictable since it bases jurisdiction on the more realistic standard of governing law, rather than on speculation as to which party is the aggressor. This Article is not a recommendation to expand federal court jurisdiction; it is a …
The New United States Claims Court, Philip R. Miller
The New United States Claims Court, Philip R. Miller
Cleveland State Law Review
Effective October 1, 1982, after a life span of approximately 117 years, the existence of the United States Court of Claims was terminated by the Federal Courts Improvement Act of 1982. This article discusses the new Claims Court, starting with a discussion of its jurisdiction in Section II. Section III then elaborates on the procedure of the claims court, including: assignment of cases, place of trial, rules of evidence, pre-trial procedures, discovery, trial, oral argument, and post-trial procedure. Then Section IV explains the appeals process for cases decided in the Claims Court, and Section V finishes with a discussion of …
Patent Litigation Before The New Claims Court, Joseph V. Colaianni
Patent Litigation Before The New Claims Court, Joseph V. Colaianni
Cleveland State Law Review
The final chapter was written recently on the United States Court of Claims, a court which from its creation in 1855 had served as the nation's conscience. The existence of this court, which had served long and well in carrying out the task of a sovereign rendering justice against itself, along with the United States Court of Customs and Patent Appeals, was terminated on October 1, 1982, and replaced by the Court of Appeals for the Federal Circuit and the United States Claims Court. It is not the purpose of this paper to outline the history of the Court of …
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Cleveland State Law Review
This new United States Court of Appeals for the Federal Circuit has jurisdiction over appeals in contract and patent infringement cases. The former Court of Claims' trial division has also been replaced with a new United States Claims Court. This court, inter alia, has been invested with the jurisdiction to conduct trials in contract and patent cases. Of particular interest to the government contracting community, is the provision of the Act regarding the contract formation or pre-award jurisdiction of the new Claims Court. The Claims Court has the potential to provide the most effective forum for the resolution of protests …
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
The Developing Role Of The Magistrate In The Federal Courts, Jack B. Streepy
Cleveland State Law Review
Many practicing attorneys are unfamiliar with the role of the United States Magistrate in the federal judicial system. This article is intended to offer some insight into that role, both nationally and in the United States District Court for the Northern District of Ohio.
Book Review, William K. Thomas
Book Review, William K. Thomas
Cleveland State Law Review
Review of Federal Jurisdiction: A General View, Henry J. Friendly, N.Y., London, Columbia University Press, 1973.
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne
Cleveland State Law Review
The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …
Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne
Reference Ordinances And Three-Judge Courts, Elizabeth Du Fresne, William Du Fresne
Cleveland State Law Review
As the fragmentation of areas of governmental responsibility increases, statutory reference terms which once were securely static in meaning must be re-examined. Illustrative of this evolutionary ambiguity are the terms "state statute" and "state officer" as they appear in the jurisdictional statute for federal three judge courts. ... The Supreme Court has emphasized the importance of the jurisdictional considerations in potential three judge cases by refusing to discuss the merits of a case which should have been decided by either a single judge or a three judge court and was not. The Court has cautioned us that § 2281 is …
Ohio's Long Arm Statute, Frederick E. J. Pizzedaz
Ohio's Long Arm Statute, Frederick E. J. Pizzedaz
Cleveland State Law Review
The 106th General Assembly of the Ohio Legislature, in response to the necessity of keeping abreast with modern society and the vastly increased mobility of its members, enacted into law Sections 2307.381 to 2307.385 inclusive, of the Ohio Revised Code. Collectively these sections are popularly known as the "long-arm" statute.The purpose of this note is to attempt to estimate the extent to which Ohio will utilize the statute, based on the experience of other states having case law on the subject, since there has been no litigation as yet under the statute in Ohio. Discussion is basically limited to the …
Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda
Jurisdiction In International Application Of United States Antitrust Laws, Hiroshi Fukuda
Cleveland State Law Review
However, the trend to apply United States antitrust laws to international trade agreements has given rise to another important question, namely the jurisdictional problem of antitrust laws. Many people, both in this country and abroad, criticized this trend as an abuse of power and invasion of foreign sovereignty. The objective of this paper is, therefore, to analyze the underlying theories of jurisdiction with respect to antitrust laws and to discover the existing jurisdictional limitations imposed by the courts on themselves.
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Cleveland State Law Review
An important group of cases over which the inferior federal courts in the United States have jurisdiction consists of those in which the parties are "citizens of different States." Theoretically, it cannot be doubted that controversies "arising under" federal law are proper for adjudication in federal courts, while the necessity of extending the federal judicial power to diversity cases is not readily apparent.
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Cleveland State Law Review
Senate Bill No. 2646 proposed in the Congress is unprecedented in scope. If it is enacted the Supreme Court will be reduced to a virtual nullity. Displeasure with recent decisions of the Court has engendered an attack upon its status which strikes at its vitals. This article is an analysis of the bill and the types of cases over which the Supreme Court would no longer have appellate jurisdiction.
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Cleveland State Law Review
This paper discusses whether or not a divorce court, by granting a continuing order for support and/or alimony, thereby retains such jurisdiction over the person that it need only give notice by mail or publication before reducing an arrearage to a lump sum judgment which, under "due process" is entitled to full faith and credit in the courts of sister States. It is assumed that the court had jurisdiction over the person of the defendant at the time the order for support and/or alimony was originally granted.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Cleveland State Law Review
Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.
Constitutional History Of Ohio Appellate Courts, Lee E. Skeel
Constitutional History Of Ohio Appellate Courts, Lee E. Skeel
Cleveland State Law Review
The right of appeal, using the word appeal in the broad sense now given it in the Appellate Procedure Act of Ohio, contemplates the removal of a case after judgment or final order, from a court of inferior jurisdiction to a court of higher jurisdiction, in the judicial process for retrial or review. Appeal, particularly on questions of law, is not the procedure intended to be depended on in the first instance to win a lawsuit. Appellate courts were provided in order to protect against trial court mistakes which result in substantial prejudice, or in the denial of justice to …
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Cleveland State Law Review
Removal jurisdiction is the authority by which a cause of action or claim can be transferred, before trial, from a state court to a federal district court. This jurisdiction is purely statutory and as such finds its authority and the manner and conditions upon which that authority is to be exercised, in the acts of Congress. In the grant of that authority, Congress is confined to the limits of the constitution. Congressional authority for removal jurisdiction is not found in any of the express grants of jurisdiction in the constitution. Congress' power to provide for removal jurisdiction is an implied …
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Judicial Self Denial And Judicial Activism - The Personality Of The Original Jurisdiction Of The Federal District Courts, Oliver Morse
Cleveland State Law Review
It is the writer's desire to stimulate a better understanding of federal jurisdiction and the problems raised by it, by constructing a simple and understandable treatment covering the background and structure of the subject. The intention of the treatment, however, is to emphasize the personality of the jurisdiction of the federal courts. Personality is the sum total of a unit's assets and liabilities, actual and potential. It depends on interaction with other units for any successful measurement, otherwise it is just a passive entity, untried and untested. The personality of law depends upon its interpretation and application as well as …