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- Jurisdiction (4)
- Federal Courts (2)
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- Armed forces (1)
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- Due Process Clause (1)
- Environmental law (1)
- Fairness (1)
- Federal jurisdiction (1)
- International Law (1)
- Liability for Marine Accidents (1)
- Long-arm jurisdiction (1)
- Merchant Marine Act of 1920 (1)
- Military personnel (1)
- Northwest Passage (1)
- O'Callahan v. Parker (1)
- Quasi in rem jurisdiction (1)
- Revere Copper Brass Incorporated v. Aetna Casualty and Surety Company (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Michigan Law Review
This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …
Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli
Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli
William & Mary Law Review
No abstract provided.
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Michigan Law Review
Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …
Application Of The Doctrines Of Ancillary And Pendent Jurisdiction To Third-Party Practice In Federal Courts
Washington and Lee Law Review
No abstract provided.
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
West Virginia Law Review
No abstract provided.
Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts
West Virginia Law Review
No abstract provided.
Use Of Assignments And Appointments To Create Or Destroy Federal Diversity Jurisdiction, William L. Daniels
Use Of Assignments And Appointments To Create Or Destroy Federal Diversity Jurisdiction, William L. Daniels
Loyola University Chicago Law Journal
No abstract provided.
Jurisdiction--Territorial Waters--Arctic Waters Pollution Prevention Act, Gilbert T. Davis
Jurisdiction--Territorial Waters--Arctic Waters Pollution Prevention Act, Gilbert T. Davis
Vanderbilt Journal of Transnational Law
On June 17, 1970, Canada passed the Arctic Waters Pollution Prevention Act which asserts jurisdiction over Arctic waters 100 miles off her coasts for the purpose of pollution prevention regulation. The Act proscribes any discharge of waste into Arctic waters, and prohibits navigation in certain "shipping safety control zones" in Arctic waters unless regulations pertaining to structural, equipment, navigational aid, cargo, and personnel qualification standards are met. Given the conflict between the traditional freedom of the seas and the seriousness of the ocean pollution problem, the Canadian action is likely to provoke much controversy.
A Return To Jurisdictional Due Process - The Case For The Vanishing Defendant, Aaron D. Twerski
A Return To Jurisdictional Due Process - The Case For The Vanishing Defendant, Aaron D. Twerski
Duquesne Law Review
To author an article concerning the constitutional aspects of longarm jurisdiction over non-resident defendants at this point in time requires an apology. The subject has been on the whole well treated by scholars and courts alike and the student can find excellent analytical and comprehensive works to inform him even as to the most subtle nuances of the field. No new decisions of startling import have been thrust upon us in the past year and those of more ancient vintage have been either fawned over or dissected with such fervor that nary a comma or quotation mark in International Shoe …
International Shoe And Long-Arm Jurisdiction - How About Pennsylvania?, Charles J. Romito, David J. Brightbill
International Shoe And Long-Arm Jurisdiction - How About Pennsylvania?, Charles J. Romito, David J. Brightbill
Duquesne Law Review
Much has been written concerning the due process requirements for the assertion of jurisdiction over nonresident defendants. The problem, however, is to a great extent academic in Pennsylvania where, as Mr. Justice O'Brien of the Pennsylvania Supreme Court commented in a recent case, the legislature has "been erring too much on the side of safety." Justice O'Brien, in a case which dealt with a limited longarm statute of Pennsylvania, recognized that currently a "due process gap" exists, namely that the legislature has failed to pass long-arm statutes which are as broad as due process would permit. It is the purpose …
Federal Rules Of Civil Procedure--Ancillary Jurisdiction--Third-Party Defendant's Counterclaim Against Plaintiff Without An Independent Basis Of Federal Jurisdiction, W. Stokes Harris Jr.
Federal Rules Of Civil Procedure--Ancillary Jurisdiction--Third-Party Defendant's Counterclaim Against Plaintiff Without An Independent Basis Of Federal Jurisdiction, W. Stokes Harris Jr.
Kentucky Law Journal
No abstract provided.