Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisdiction (9)
- Conflict of Laws (3)
- Courts (2)
- International Law (2)
- Antitrust and Trade Regulation (1)
-
- Business Organizations Law (1)
- Civil Procedure (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- First Amendment (1)
- International Economics (1)
- Judges (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Law and Economics (1)
- Law and Society (1)
- Legal History (1)
- Legislation (1)
- Rule of Law (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Taxation-State and Local (1)
- Institution
-
- Duke Law (3)
- University of South Carolina (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Vanderbilt University Law School (2)
- Cornell University Law School (1)
-
- Maurer School of Law: Indiana University (1)
- Schulich School of Law, Dalhousie University (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- William & Mary Law School (1)
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
Jurisdiction And Nexus, John B. Harper
Jurisdiction And Nexus, John B. Harper
William & Mary Annual Tax Conference
No abstract provided.
Provincialism In United States Courts , Patrick M. Mcfadden
Provincialism In United States Courts , Patrick M. Mcfadden
Cornell Law Review
No abstract provided.
The Puzzle Of Jurisdiction, Richard C. Risk
The Puzzle Of Jurisdiction, Richard C. Risk
South Carolina Law Review
No abstract provided.
Note: A Brief History Of Canadian Federal Court Jurisdiction, Herbert A. Johnson
Note: A Brief History Of Canadian Federal Court Jurisdiction, Herbert A. Johnson
South Carolina Law Review
No abstract provided.
Federal Jurisdiction In Australian Courts: Policies And Prospects, Brian R. Opeskin
Federal Jurisdiction In Australian Courts: Policies And Prospects, Brian R. Opeskin
South Carolina Law Review
No abstract provided.
Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler
Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler
Federal Communications Law Journal
The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority over interstate telecommunications service, while the states retain authority over purely intrastate telecommunications. This has led to a "border war" between the FCC and the states over exactly where the dividing line between their respective regulatory spheres lies. They have also clashed over the scope of permissible FCC preemption of state regulatory authority when that authority conflicts with federal policies. After twenty years of conflict, however, three recent appellate decisions may have provided an opportunity to bring the conflict to an end by clarifying both …
Three Opinions, Stephen B. Burbank
Severing Venue And Personal Jurisdiction In Missouri, Joseph H. Knittig
Severing Venue And Personal Jurisdiction In Missouri, Joseph H. Knittig
Missouri Law Review
The concepts of venue and jurisdiction carry independent and severable meanings. "Venue" means the place where a case is to be tried, while "jurisdiction" speaks to the power of the court to hear and determine a case In Missouri, a "unique melding" of the concepts developed. A line of cases commingling venue and personal jurisdiction yielded strange and often unduly harsh results.' In State ex rel. DePaul Health Center v. Mummert,6 the Missouri Supreme Court attempted to sever venue and jurisdiction, and finally restore some common sense and predictability to sixty plus years of confusion.
Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie
Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie
Innis Christie Collection
Preliminary award concerning arbitrability. Preliminary objection upheld in part.
Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discriminated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.
This brief response is addressed only to …
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Civil Law, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale
Reporter’S Draft For The Working Group On Principles To Use When Considering The Federalization Of Criminal Law, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy
"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy
Kentucky Law Journal
No abstract provided.
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Vanderbilt Journal of Transnational Law
In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …
Two Cheers For Specialization, Jeffrey W. Stempel
Two Cheers For Specialization, Jeffrey W. Stempel
Scholarly Works
Professor Dreyfuss adopts what might be termed the more conservative and deferential view of the efficacy of Delaware corporate law in her paper and her presentation. This approach generally views the market as making a statement with which one should not lightly quarrel. Because Delaware continues to attract incorporations, this view posits that the state's attraction is the superiority of its corporate law compared to other states, which lack a semi-specialized Chancery Court. Consequently, in a race to the top of corporate standards, legal rules and adjudications, Delaware's success in the market suggests that Delaware's legal product is good.
Other …
External Sovereignty And International Law, Ronald A. Brand
External Sovereignty And International Law, Ronald A. Brand
Articles
This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …
Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale
Too Many And Yet Too Few: New Principles To Define The Proper Limits For Federal Criminal Jurisdiction, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Busting The Hart & Wechsler Paradigm, Michael L. Wells
Busting The Hart & Wechsler Paradigm, Michael L. Wells
Scholarly Works
Federal Courts law was once a vibrant area of scholarship and an essential course for intellectually ambitious students. Now its prestige has diminished so much that scholars debate its future in a recent issue of the Vanderbilt Law Review, where even one of its champions calls it (albeit in the subjunctive mood) a “scholarly backwater.” What, if anything, went wrong, and what should Federal Courts scholars do about it? In his contribution to the Vanderbilt symposium, Richard Fallon defends the reigning model of Federal Courts law, an approach to jurisdictional issues that dates from the publication in 1953 of Henry …