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- Jurisdiction (10)
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- Burger King Corp. v. Rudzewicz (105 S. Ct. 2174 (1985)) (1)
- Can Mental Health Professionals Predict Judicial Decisionmaking Constitutional and Tort Liability Aspects of the Right of the Institutionalized Mentally Disabled to Refuse Treatment (1)
- Choice of-law rule (1)
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Articles 1 - 29 of 29
Full-Text Articles in Law
Federal Venue Under Section1392(A): The Problem Of The Multidistrict Defendant, Brent E. Johnson
Federal Venue Under Section1392(A): The Problem Of The Multidistrict Defendant, Brent E. Johnson
Michigan Law Review
This Note argues that a broad construction of section 1392(a) which would allow Aunt Bea to bring suit in the Southern District of California where Mayberry alone resides is preferable to a narrow construction which would restrict Bea to the Northern District where both defendants reside. Part I of this Note maintains that the language of section 1392(a) is ambiguous and does not indicate the clear intent of Congress, despite assertions to the contrary by proponents of both the broad and narrow constructions of the statute. Part II demonstrates that a superficially relevant Supreme Court decision tending to support the …
Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz
Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz
BYU Law Review
No abstract provided.
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
Tribal Court Jurisdiction Over Civil Disputes Involving Non-Indians: An Assessment Of National Farmers Union Insurance Cos. V. Crow Tribe Of Indians And A Proposal For Reform, Allison M. Dussias
University of Michigan Journal of Law Reform
This Note examines the issue of tribal court jurisdiction over cases in which both Indians and non-Indians are parties and discusses the Supreme Court's most recent statement on the issue. In National Farmers Union Insurance Cos. v. Crow Tribe of Indians, an Indian minor brought a personal injury action in Crow Tribal Court against a Montana school district operating a school on state-owned land within the Crow Reservation. The Supreme Court concluded that the tribal court itself should first determine whether it has the power to exercise civil subject-matter jurisdiction over non-Indian property owners in a tort case. Defendants …
The Single Contract As Minimum Contacts: Justice Brennan "Has It His Way", Pamela J. Stephens
The Single Contract As Minimum Contacts: Justice Brennan "Has It His Way", Pamela J. Stephens
William & Mary Law Review
No abstract provided.
The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii
The "Arising Under" Jurisdiction Of The Federal Circuit: An Opportunity For Uniformity In Patent Law, Emmette F. Hale, Iii
Florida State University Law Review
No abstract provided.
Minimum Contacts In Single Contract Cases: Burger King Has Its Way, Ducan E. Barber
Minimum Contacts In Single Contract Cases: Burger King Has Its Way, Ducan E. Barber
BYU Law Review
No abstract provided.
Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means
Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means
West Virginia Law Review
The enactment of the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) launched a new era in the regulation of surface coal mining and the surface effects of underground mining. SMCRA ended the era of exclusive state regulation, prompted in substantial part by the perceived failure of the states to do the job effectively. Instead, there was substituted a federal program of stringent environmental controls and performance standards, accompanied by a mechanism through which the states could regain regulatory predominance. A state that wanted to regulate surface coal mining operations within its borders could develop …
Quest For A Bright Line Personal Jurisdiction Rule In Contract Disputes—Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Paul Eric Clay
Quest For A Bright Line Personal Jurisdiction Rule In Contract Disputes—Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Paul Eric Clay
Washington Law Review
The United States Supreme Court has returned to a personal jurisdiction methodology similar to that used a century ago. Under the traditional nineteenth century doctrine, the Court applied concrete and mechanical rules in jurisdiction disputes. With increased social mobility and technological advancements, however, these rules became inadequate. Responding to the deficiencies of its doctrine, the Supreme Court formulated a flexible test for personal jurisdiction in International Shoe Co. v. Washington. Gradually, the Court's flexible test turned into a vague doctrine, incapable of consistent application by lower courts. The inconsistency caused by the Court's rule also affected businesses that desired predictability …
Diplomatic Immunity-Open-Door Policy To Espionage Activity Avoided (United States V. Kostadinov- United States V. Kostadinov), Blanche G. Lark
Diplomatic Immunity-Open-Door Policy To Espionage Activity Avoided (United States V. Kostadinov- United States V. Kostadinov), Blanche G. Lark
NYLS Journal of International and Comparative Law
No abstract provided.
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald
NYLS Journal of International and Comparative Law
No abstract provided.
Sovereign Immunity-An Analysis Of The Noncommercial Tort Ex- Ception Of The Foreign Sovereign Immunities Act Of 1976 (Olsen Ex Rel. Sheldon V. Government Of Mexico), Michael A. Miranda
Sovereign Immunity-An Analysis Of The Noncommercial Tort Ex- Ception Of The Foreign Sovereign Immunities Act Of 1976 (Olsen Ex Rel. Sheldon V. Government Of Mexico), Michael A. Miranda
NYLS Journal of International and Comparative Law
No abstract provided.
Mendaro V. The World Bank, Megha Bhouraska
Mendaro V. The World Bank, Megha Bhouraska
NYLS Journal of International and Comparative Law
No abstract provided.
Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse
Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse
Campbell Law Review
No abstract provided.
Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers
Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers
Kentucky Law Journal
No abstract provided.
Sovereign Immunity In Perspective, Stefan A. Riesenfeld
Sovereign Immunity In Perspective, Stefan A. Riesenfeld
Vanderbilt Journal of Transnational Law
The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson's celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions.
Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the …
Foreign Sovereign Immunity In The United States Courts 1976-1986, Mark B. Feldman
Foreign Sovereign Immunity In The United States Courts 1976-1986, Mark B. Feldman
Vanderbilt Journal of Transnational Law
In principle, the Reagan Administration should support measures that strengthen the international trading system and that help secure United States investment abroad, as such measures encourage the flows of capital, technology and know-how from the private sector, which the Administration recognizes to be essential to successful economic development in the Third World. However, the responsible attorneys in the State Department and the Justice Department are particularly sensitive to the reactions of foreign governments and to the interests of United States agencies as potential defendants in foreign courts.
The Executive finally defined its position in hearings in the House of Representatives …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Act of State Doctrine and Foreign Sovereign Immunities Act Do Not Necessarily insulate a Foreign Government from Civil Liability for the Assassination of a Person on United States Soil - Liu v. Republic of China, slip op. No. 85-7461 (N.D. Cal. Aug. 11, 1986)
Political Offense Exception does not Apply to Bar Extradition if Offenses are Committed Where no Uprising Exists--Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986).
United States Courts have no Authority to Enforce Foreign Judgments when the Request for Judicial Assistance is made via Letters Rogatory Filed Directly in the Court, In Re Civil Rogatory Letters …
Substantive Policies And Choice Of Law, Willis L. M. Reese
Substantive Policies And Choice Of Law, Willis L. M. Reese
Touro Law Review
No abstract provided.
The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt
Touro Law Review
No abstract provided.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN
--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)
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EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE
--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)
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ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …
United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew
United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew
Vanderbilt Journal of Transnational Law
When a foreign plaintiff sues a United States-based multinational for damages resulting from an extraterritorial toxic tort, the case should be tried in United States courts. The courts are assured of personal jurisdiction as long as there are sufficient contacts between the foreign subsidiary and the United States. Dismissal on grounds of forum non conveniens is not desirable because the United States has a vested interest in monitoring and even influencing the behavior of multinationals that do business within its borders. The requisite "adequate alternative forum" is simply not available in some countries. In addition, despite their case backload, United …
Book Note, Covey T. Oliver
Book Note, Covey T. Oliver
Vanderbilt Journal of Transnational Law
Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick
UIC Law Review
No abstract provided.
Burger King Corporation V. Rudzewicz: The Minimum Contacts Test Meets The Modern-Day Franchise Agreement, 20 J. Marshall L. Rev. 169 (1986), Valerie Ann Hall
Burger King Corporation V. Rudzewicz: The Minimum Contacts Test Meets The Modern-Day Franchise Agreement, 20 J. Marshall L. Rev. 169 (1986), Valerie Ann Hall
UIC Law Review
No abstract provided.
Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss
Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss
Vanderbilt Journal of Transnational Law
Passage of the FSIA in 1976 codified the restrictive theory of sovereign immunity, which provides that a foreign state will re-main immune from suit for its public acts but will lose immunity for its private and commercial acts. By placing the determination of a foreign government's immunity in the hands of the judiciary, Congress attempted to standardize an area of the law that had been governed by political relations between the United States and foreign governments.
The FSIA is the exclusive mechanism through which private parties can seek redress against foreign governments in United States courts. The Act provides a …
Case Comment, Laura F. Howard
Case Comment, Laura F. Howard
Vanderbilt Journal of Transnational Law
SCOPE OF REVIEW IN EXTRADITION PROCEEDINGS: The Government Cannot Appeal A Denial of Extradition Request Based on the Declaratory Judgment Act --United States v. Doherty, 786 F.2d 491 (2d Cir. 1986).
BANKRUPTCY--Section 304 Of The Bankruptcy Code Is Not An Exclusive Remedy In A Nonbankruptcy Court, Cunard Steamship Co.Ltd. v. Salen Reefer Serv. A.B., 773 F.2d 452 (2d Cir. 1985).
The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg
The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg
Villanova Law Review
No abstract provided.
The Act Of State Doctrine And Allied Bank, M. Erin Kelly
The Act Of State Doctrine And Allied Bank, M. Erin Kelly
Villanova Law Review
No abstract provided.