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Jurisdiction

Journal

1985

Institution
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Articles 1 - 21 of 21

Full-Text Articles in Law

Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer Oct 1985

Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer

University of Michigan Journal of Law Reform

This Note examines the conflicting authority regarding the scope of section 502(a) of ERISA. There is a fundamental split among the United States Courts of Appeals concerning whether parties not specifically enumerated in section 502(a) have standing to bring civil actions to enforce ERISA's provisions. The Ninth Circuit has held consistently that non-enumerated parties are entitled to sue under ERISA. The Second Circuit, however, repeatedly has held that parties not explicitly specified in section 502(a). do not have standing to bring an action under the Act. This Note addresses the question of whether employers and pension funds, as non-enumerated parties, …


Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire Oct 1985

Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire

University of Arkansas at Little Rock Law Review

No abstract provided.


Keeton, Calder, Helicopteros And Burger King - International Shoe'sMost Recent Progeny, William J. Knudsen Jr. Sep 1985

Keeton, Calder, Helicopteros And Burger King - International Shoe'sMost Recent Progeny, William J. Knudsen Jr.

University of Miami Law Review

No abstract provided.


A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts Sep 1985

A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts

Washington and Lee Law Review

No abstract provided.


Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron Sep 1985

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron

BYU Law Review

No abstract provided.


Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray May 1985

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.


Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson Apr 1985

Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson

Indiana Law Journal

No abstract provided.


Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly Mar 1985

Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly

Washington and Lee Law Review

No abstract provided.


Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results Jan 1985

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.


Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher Jan 1985

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …


The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott Jan 1985

The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott

Vanderbilt Journal of Transnational Law

This Note will first examine the development of "forum non conveniens" in Scotland, the country of the doctrine's origin. It will compare the doctrine to the traditional English policy of staying proceedings in situations involving vexation or oppression, and examine how the liberalization of the English policy has led ultimately to the recognition of forum non conveniens as an appropriate description for the factors an English court will consider prior to a dismissal or stay of an action. Similarly, the doctrine of forum non conveniens in the United States will be compared with the doctrines in the other two jurisdictions, …


Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith Jan 1985

Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith

Buffalo Law Review

No abstract provided.


Vouching: In Or Out? Jan 1985

Vouching: In Or Out?

Washington and Lee Law Review

No abstract provided.


Judicial Authority In The Settlement Of Federal Civil Cases Jan 1985

Judicial Authority In The Settlement Of Federal Civil Cases

Washington and Lee Law Review

No abstract provided.


An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby Jan 1985

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

Touro Law Review

No abstract provided.


Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon Jan 1985

Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon

Northwestern Journal of International Law & Business

The extraterritorial application of national laws has become a battle ground over the last forty years for both private parties and states, who are either seeking to enforce their laws or to protect their nationals and their own interests. The conflicts have been most intense over the application of economic regulation to international business conduct where the situs and the effects of the conduct may be quite difficult to locate within the borders of any single state. Often, the United States has sought to enforce its laws when conduct abroad by foreign nationals adversely affected its interests. The intention of …


Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register Jan 1985

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.


Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk Jan 1985

Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk

Northwestern Journal of International Law & Business

Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …


Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff Jan 1985

Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff

Northwestern Journal of International Law & Business

Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …


Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield Jan 1985

Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield

Northwestern Journal of International Law & Business

The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …


Family Law - Federal Courts Have Jurisdiction To Enforce Provisions Of Parental Kidnapping Prevention Act, Judith Riddle Kohler Jan 1985

Family Law - Federal Courts Have Jurisdiction To Enforce Provisions Of Parental Kidnapping Prevention Act, Judith Riddle Kohler

Villanova Law Review

No abstract provided.