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Articles 3481 - 3510 of 4128
Full-Text Articles in Law
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …
Conflict Of Laws And Minimum Jurisdictional Contacts
Conflict Of Laws And Minimum Jurisdictional Contacts
Washington and Lee Law Review
No abstract provided.
Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley
Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley
Vanderbilt Law Review
During the current survey period, each of the higher Tennessee courts has been called upon to exercise its injunctive powers in significant and perplexing types of controversies. The court of appeals for the western section had to decide whether to take the risk of interfering in a bitter dispute between opposing factions of a church which had been torn by interfraternal strife for several years. In the middle section court of appeals an injunction was sought to restrain a store owner from operating his business under the name of a former manager of the store who had left this position …
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham
Vanderbilt Law Review
Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.
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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.
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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.
Labor Law--Jurisdiction Of Nlrb--Dollar Yardstick Of Nlrb And The "Affecting Commerce" Test, Herbert Stephenson Boreman Jr.
Labor Law--Jurisdiction Of Nlrb--Dollar Yardstick Of Nlrb And The "Affecting Commerce" Test, Herbert Stephenson Boreman Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar
Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar
Michigan Law Review
Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's …
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Michigan Law Review
Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …
Procedural Problems Of Class Suits, Joseph J. Simeone
Procedural Problems Of Class Suits, Joseph J. Simeone
Michigan Law Review
The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.
Erie V. Tompkins And Federal Determinants Of Place Of Trial
Erie V. Tompkins And Federal Determinants Of Place Of Trial
Indiana Law Journal
STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:
The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdiction and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.
This second note analyzes the dichotomy between the concept of federal diversity …
Federal Venue And The Corporate Plaintiff
Federal Venue And The Corporate Plaintiff
Indiana Law Journal
STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:
The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdictioi and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.
In this last note the plight of the corporate plaintiff in federal …
A Reconsideration Of "Long-Arm" Jurisdiction
A Reconsideration Of "Long-Arm" Jurisdiction
Indiana Law Journal
STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:
The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdictioi and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.
The first note criticizes the trend toward statutory and judicial expansion of …
Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch
Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch
Michigan Law Review
Plaintiff held a reconfirmed tourist reservation on one of defendant's St. Louis-to-Los Angeles flights. Defendant oversold the flight and subsequently "bumped" the plaintiff from the flight in favor of a first-class passenger who was given plaintiff's accommodations in the tourist section. Defendant's agent booked a reservation for the plaintiff aboard another airline and provided plaintiff with lunch. The only expense incurred by the plaintiff as a result of being removed from defendant's flight was the cost of a telephone call to inform his wife of his new arrival time; and plaintiff was inconvenienced by a delay of four hours on …
Federal Diversity Suits By American Citizens Domiciled Abroad
Federal Diversity Suits By American Citizens Domiciled Abroad
Washington and Lee Law Review
No abstract provided.
Jurisdictional Expansion In Commercial Arbitration
Jurisdictional Expansion In Commercial Arbitration
Washington and Lee Law Review
No abstract provided.
Securities Regulation- Federal Courts-Private Rights Of Action Under The Investment Company Act Of 1940, Lee D. Powar
Securities Regulation- Federal Courts-Private Rights Of Action Under The Investment Company Act Of 1940, Lee D. Powar
Michigan Law Review
Two actions for damages were brought against officers and directors of a mutual investment fund alleging violations of the Investment Company Act of 1940. These actions, by the fund itself and by a stockholder on behalf of the fund, were consolidated in a federal district court. The court denied defendant's motion to dismiss for want of federal jurisdiction. On an interlocutory appeal by the non-affiliated directors, held, reversed. The Investment Company Act of 1940 does not expressly or by implication create a private right of action cognizable in the federal courts against non-affiliated directors. Brouk v. Managed Funds, Inc. …
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Civil Procedure - Nonresident Motorist Statutes - Extent To Which Jurisdiction May Be Acquired, Edwin W. Scott, Michael R. Bradley
Civil Procedure - Nonresident Motorist Statutes - Extent To Which Jurisdiction May Be Acquired, Edwin W. Scott, Michael R. Bradley
Villanova Law Review
No abstract provided.
Federal Courts--Diversity Jurisdiction--Amount In Controversy, H. Jefferson Herbert Jr.
Federal Courts--Diversity Jurisdiction--Amount In Controversy, H. Jefferson Herbert Jr.
Kentucky Law Journal
No abstract provided.
Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula
Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula
West Virginia Law Review
No abstract provided.
State Versus Federal Jurisdiction And Control Over Admission And Discipline Of Attorneys, Esdel Beane Yost
State Versus Federal Jurisdiction And Control Over Admission And Discipline Of Attorneys, Esdel Beane Yost
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
Abstracts Of Recent Cases, James Kilgore Edmundson Jr.
West Virginia Law Review
No abstract provided.
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Michigan Law Review
Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …
Federal Agency Investigations: Requirements For The Production Of Documents, Frank E. Cooper
Federal Agency Investigations: Requirements For The Production Of Documents, Frank E. Cooper
Michigan Law Review
The United States district courts are frequently called upon to decide whether an administrative agency is entitled to enforcement of a subpoena requesting production of documentary evidence which the person to whom the subpoena is addressed assails as an unnecessary and improper inquisitorial investigation.
Neither the statute nor the decision-landmarks though they both are-offers a convenient rule of thumb to guide the district courts in the intensely difficult problems posed by requests for enforcement of administrative subpoenas.
However, an examination of the decisions passing upon such requests does disclose the standards by which the courts apply the three classic tests, …
Admiralty-Jurisdiction - Statute Extending Admiralty Jurisdiction To Include Amphibious Torts Resulting In Personal Injury, Francis X. Beytagh
Admiralty-Jurisdiction - Statute Extending Admiralty Jurisdiction To Include Amphibious Torts Resulting In Personal Injury, Francis X. Beytagh
Michigan Law Review
Libelant linehandler, injured undocking a vessel, brought a personal injury action against the shipowner. Leave to amend this complaint by naming the city of Los Angeles and a tugboat company as defendants was denied by the federal district court. Libelant then filed suit on the admiralty side of the same district court against the city and the tugboat company on the identical cause of action. In ruling on respondents' exceptions to this libel, held, exceptions overruled. Upon establishing the constitutional validity of the Admiralty Extension Act, jurisdiction pursuant to its provisions can properly be exercised in the instant ship-to-shore …
Bankruptcy - Summary Jurisdiction - Filing Proof Of Claim As Basis For Money Judgment On A Counterclaim In Favor Of The Trustee, Jerome M. Salle S. Ed
Bankruptcy - Summary Jurisdiction - Filing Proof Of Claim As Basis For Money Judgment On A Counterclaim In Favor Of The Trustee, Jerome M. Salle S. Ed
Michigan Law Review
Appellant filed a proof of claim with the trustee in bankruptcy for unliquidated damages for an alleged breach of contract by the bankrupt. In response, the trustee filed a petition with the bankruptcy court for an order disallowing the appellant's claim and for a money judgment against appellant for a breach of the same contract. The district court affirmed the referee's denial of appellant's claim and judgment in favor of the trustee. On appeal, held, affirmed. Filing proof of claim gives the bankruptcy court jurisdiction not only to hear, but to grant the trustee's petition for affirmative relief on …
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
Michigan Law Review
The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.
International Law- Criminal Law- Jurisdiction Over Aliens For Crimes Committed Abroad, Frank G. Reeder S. Ed
International Law- Criminal Law- Jurisdiction Over Aliens For Crimes Committed Abroad, Frank G. Reeder S. Ed
Michigan Law Review
Six alien defendants were convicted under a federal statute for knowingly making false statements before United States consular officials abroad in order to procure nonquota immigrant visas. Their motion to dismiss this count on the ground that the district court lacked jurisdiction to indict and try aliens for crimes committed outside the territorial limits of the United States was denied. On appeal, held, affirmed. As a necessary incident to its sovereignty, the United States is competent to punish aliens apprehended within the United States for acts against its sovereignty committed outside the country. Rocha v. United States, 288 …
Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham
Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham
Vanderbilt Law Review
1. Non-Resident Motorists.-The statute subjecting non-residents to suit in Tennessee for injuries inflicted within the state has been extended by interpretation to non-resident parents who join in their minor child's application for a driver's license.
2. Watercraft.-The principle of the non-resident motorists statutes has been applied to watercraft by a statute entitled "Operation of watercraft in state as appointment of agent for process."
III. Support In Thomas v. Thomas a woman had been granted a divorce in Tennessee and custody of the children of the marriage, with a decree of support for the children against the father but with it …
Book Review Of Federal Jurisdiction And Procedure, Michael D. Alembik
Book Review Of Federal Jurisdiction And Procedure, Michael D. Alembik
William & Mary Law Review
No abstract provided.