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Of Hats And Robes: Judicial Review Of Nonadjudicative Article Iii Functions, Jeffrey L. Rensberger

University of Richmond Law Review

We are accustomed to thinking of Article III courts and judges deciding cases and controversies. But, federal judges and courts have historically also engaged in official but nonadjudicative activities. In addition to a history of federal judges serving on nonjudicial commissions, federal judges and the Supreme Court participate in the rulemaking process for the federal procedural and evidentiary rules. Although some argue to the contrary, the Supreme Court has approved such arrangements in the face of separation of powers objections. Since Article III officers and courts perform nonadjudicative duties, the question arises of how federal courts who address a challenge …

Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson

University of Richmond Law Review

Part I explores the historical roots of the Convention,

discusses the evolution of its removal provisions, and explains how

it functions in the district courts today. Part II addresses the arguments

in favor of reverting to the Ruhrgas standard. This article

demonstrates that the current judicial interpretation of the Convention's

removal provisions under Beiser is too broad and that the

stricter construction under Ruhrgas should be re-adopted. Part II

examines three key reasons why the current Beiser standard is unworkable:

the current standard (1) leads to absurd results, (2) disrespects

notions of federalism and strains comity, and (3) in conjunction …

In Re Trulia: Revisited And Revitalized, Emma Weiss

University of Richmond Law Review

No abstract provided.

When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz

University of Richmond Law Review

No abstract provided.

Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon

University of Richmond Law Review

In Part I, I provide necessary background on the current re- gime of federal appellate jurisdiction before turning to the rise and fall of Gillespie and the balancing approach. Part I concludes by explaining how inconsistent Gillespie and the balancing approach are with the Supreme Court's current approach to appellate jurisdiction. Part II turns to five areas in which the balancing approach persists in the courts of appeals and demonstrates the influence of the balancing approach, and the often case-by-case nature of decision-making, in each of these areas. And in Part III, I explore the implications of the balancing approach's …

The Complexities Of Judicial Takings, D. Benjamin Barros

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Independent Of The Constitution?--Issues Raised By An Independent Federal Legislative Ethics Commission With Independent Enforcement Authority, Paul Taylor

University of Richmond Law Review

No abstract provided.

Indirect Infringement From A Tort Law Perspective, Charles W. Adams

University of Richmond Law Review

No abstract provided.

Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist

University of Richmond Law Review

No abstract provided.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

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 …

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 …

The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff

University of Richmond Law Review

Due to the dramatic rise over the last decade in the number of child custody disputes between parents who are geographically separated, courts increasingly are faced with interstate litigation and its attendant legal and emotional problems. Because foreign state custody decrees traditionally have been viewed as modifiable and therefore have not been accorded the respect given to final decrees, parents who lose in one state have been encouraged to seek a more favorable forum in a second state. By employing such self-help methods as "child snatching,"' a parent can avail himself of a second day in court.

Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell

University of Richmond Law Review

A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.

The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

University of Richmond Law Review

On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …

Federal Jurisdiction-Incidental Use Of Facilities In Interstate Commerce Held Sufficient To Invoke Travel Act

University of Richmond Law Review

18 U.S.C. § 1952, commonly known as the Travel Act, prohibits travel or the use of facilities in interstate commerce in aid of racketeering. An examination of the statute's history shows that it was passed to enable federal prosecution of those who remained immune from state prosecution by residing outside the state wherein the illegality transpired. However, the Act's scope is not limited to this target, and prosecution is permitted for the same offense under applicable state law. The statute, which has withstood several constitutional attacks,' was designed to assist the states in controlling criminality crossing state boundaries.

Admiralty Tort Jurisdiction-Airplane Crashes Into Navigable Waters Within State Territorial Limits

University of Richmond Law Review

The United States Constitution provides that "[t]he judicial power shall extend . . . to all cases of admiralty and maritime jurisdiction. The Congress, in establishing a court system, provided that "the district courts shall have . . . exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction ... saving to suitors, in all cases, the right of a common law remedy...."

Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia

University of Richmond Law Review

Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Virginia's New "Long Arm" Statute, J. Westwood Smithers

University of Richmond Law Review

At its recent 1964 session, the General Assembly of Virginia enacted a statute which will widely expand the jurisdiction of our courts over nonresidents. The purpose of this brief editorial is to call attention to the new law, to provide a copy of it for our readers, and to make a few rather cursory comments on its significance.

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.