Law Commons^™

On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

Federalism, Judicial Power And The "Arising Under" Jurisdiction Of The Federal Courts: A Hierarchical Analysis, Alan D. Hornstein

Indiana Law Journal

No abstract provided.

Interstitial Lawmaking: Uniformity Or Conformity?, Lillian Harris Lockary

Mercer Law Review

When Congress does not fully address the substantive law contemplated by a statute, federal courts have the responsibility to fashion a governing rule of decision according to their own standards-the conflict of laws rules of the forum. More precisely, the task of judicial legislation could be labeled one of interstitial lawmaking, of interpreting an indeterminate statute, rather than conflict of law. If subject matter jurisdiction is founded on a federal statute, and not diversity of citizenship, the source of law for the litigation is federal, and the rule of Erie R.R. v. Tompkins, that state law applies of its …

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …

The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover

William & Mary Law Review

No abstract provided.

State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran

William & Mary Law Review

No abstract provided.

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.

State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert

William & Mary Law Review

No abstract provided.

The State Courts And Federal Constitutional Litigation, Paul M. Bator

William & Mary Law Review

No abstract provided.

Maritime Law Judgments In Canada – 1979, William Tetley

Dalhousie Law Journal

As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …

Toward Procedural Parity In Constitutional Litigation, Burt Neuborne

William & Mary Law Review

No abstract provided.

Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan

William & Mary Law Review

No abstract provided.

The Uncertain Nature Of Federal Jurisdiction, Martha A. Field

William & Mary Law Review

No abstract provided.

Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor

William & Mary Law Review

No abstract provided.

Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki

University of Michigan Journal of Law Reform

This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …

Florida Appellate Reform One Year Later, Arthur J. England, Jr., Richard C. Williams, Jr.

Florida State University Law Review

No abstract provided.

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …

Publicity And Privacy - Distinct Interests On The Misappropriation Continuum, Larry L. Saret, Martin L. Stern

Loyola University Chicago Law Journal

No abstract provided.

The Younger Abstention Doctrine: Bleak Prospects For Federal Intervention In Pending State Proceedings, David C. Levenreich

Duquesne Law Review

The Younger abstention doctrine limits the ability of a federal court to enjoin a pending state proceeding. The author discusses the bases of the Younger and Pullman abstention doctrines, including the policy foundation of federalism. He examines the development of the Younger doctrine, analyzes its operation, and notes the restricted exceptions to it. He concludes that the availability of federal injunctive relief against pending state proceedings is severely limited, to the possible detriment of the vindication of federally extended rights.

Postconviction Remedies, And Federal Jurisdiction: Tensions In The Allocation Of Judicial Power, Robert Popper, William B. De Meza

University of Richmond Law Review

Postconviction Remedies deals with a subject of great importance to the practitioner of criminal law. It is concerned with the procedures available to persons who seek relief from their convictions after trial and after direct review in the appellate courts. Though not usually a part of the law school curriculum and therefore not part of the attorney's formal training, the intricacies of postconviction remedies must be mastered by the lawyer who wishes to render skillful service to the convicted client. The trial and appeal are important battles, but others remain to be fought which can decide crucial issues seriously affecting …

Parallel State And Federal Court Class Actions, Kevin T. Keating

Loyola University Chicago Law Journal

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Carrier Who Employs Stevedore under a Long-Term Contract is Vicariously Liable to Cargo Owner for Stevedore's Mishandling of Cargo even after Unloading and Storage

Vessel Owner Denied Duty Remission because of Procedural Failure in Filings with Customs Service

Wife of Harbor Worker Injured Nonfatally in State Territorial Waters May Maintain Action for Loss of Husband's Society

Corporation may Qualify for Tax Treatment as a Western Hemisphere Trade Corporation even though Incidental Purchases are Made Outside the Hemisphere

Importation or Receipt of Goods from the United States Confirmed by Telex to Plaintiff in United States Insufficient Contacts to Establish Personal Jurisdiction …

Recent Developments, Gali Hagel, John R. Heldman

Vanderbilt Journal of Transnational Law

RECENT DEVELOPMENTS

Aliens' Rights--The Refugee Act of 1980 as Response to the 1967 Protocol Relating to the Status of Refugees: The First Test

Gali Hagel

The Refugee Act of 1980, reflecting United States commitments under the 1951 Convention and the 1967 Protocol, went into effect during a wave of immigration that created a state of emergency in strongly affected southern Florida. Under a severe test of its commitment to the terms of the 1967 Protocol and its implicit sense of moral obligation to grant asylum to individuals fleeing dictatorial rule, the United States responded positively in accepting the Cubans. Although …

The Role Of Comity In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …

General Jurisdiction Of Courts - A Critique Of The Maryland Law, Bernard Auerbach

Maryland Law Review

No abstract provided.

Venue In The Federal Courts Under The "Doing Business" Provision Of 28 U.S.C. § 1391(C): A Provision Subject To Reinterpretation?, Paul Lansing, Robert C. Castle

University of Richmond Law Review

A determination of whether venue is proper for a civil action commenced in federal court requires the application of the rules set forth in 28 U.S.C. § 1391 to the facts of the particular case. Making such a determination has often proved difficult for litigants and courts alike because the basic rules governing venue for civil actions brought in federal courts set forth in section 1391 are not without ambiguity. Section 1391(b), for example, provides in part that "[a] civil action. .. may be brought only in the judicial district. . . in which the claim arose." The language of …

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 …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart

Northwestern Journal of International Law & Business

The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …