Law Commons^™

Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson

Indiana Law Journal

Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.

This Article aims to fill that gap. …

#Personaljurisdiction: A New Age Of Internet Contacts, Zoe Niesel

Indiana Law Journal

This Article explores the complicated relationship between minimum contacts and the modern internet. Part I traces the development of modern personal jurisdiction analyses in the areas of both specific and general jurisdiction. Interesting in this historical overview is the increased reliance on predictability, even as courts have recognized that advanced technologies and infrastructure have made the maintenance of lawsuits infinitely easier than in the days before International Shoe.7 Part II then explores the intersection between personal jurisdiction and the internet as well as the rise of the so-called Zippo “interactivity” test for jurisdiction in cases involving websites. Although Zippo has …

Data Protection In An Increasingly Globalized World, Nicholas F. Palmieri Iii

Indiana Law Journal

With the rise of the internet in recent decades, it has become increasingly easy for various enterprises—including retailers, advertising agencies, and service providers—to acquire, use, and even share the personal details of their users. Such a trend is unlikely to decrease in the coming years; in fact, internet usage is only likely to increase as more and more people gain access to the internet. In the wakeof recent data breaches, including the now infamous breach of Equifax as well as the scandal involving Facebook and Cambridge Analytica, people are even more aware of the need for (and the risk of …

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …

Removal Reform: A Solution For Federal Question Jurisdiction, Forum Shopping, And Duplicative State-Federal Litigation, Martha A. Field

Indiana Law Journal

Federal court procedural, especially jurisdictional ones, need to be governed by clear, effective, and fair rules. Yet twentieth century doctrines and reforms, even when made in the name of pragmatism, have produced decidedly unpragmatic results: a vague and disputed doctrine of federal question jurisdiction that excludes from federal court many cases where federal law controls the outcome, rules that facilitate forum shopping by plaintiffs and make it impossible to predict in advance what law will apply to decide one’s case, and the stunning waste of a system in which the exact same issues are simultaneously litigated in state and federal …

The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government, Gregory C. Sisk

Indiana Law Journal

No abstract provided.

Amenability To Jurisdiction As A "Substantive Right": The Invalidity Of Rule 4(K) Under The Rules Enabling Act, Leslie M. Kelleher

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

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

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 …

Effect Of Illegal Abduction Into The Jurisdiction On A Subsequent Conviction

Indiana Law Journal

No abstract provided.

Propriety Of A Stay In Federal Court When Companion State Court Suit Runs Concurrently

Indiana Law Journal

Recent Cases: Federal Jurisdiction

A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States (5th Ed.), By Charles W. Bunn, Charles E. Clark

Indiana Law Journal

No abstract provided.

Historical Bases Of Federal Judicial System, John P. Frank

Indiana Law Journal

No abstract provided.

Forum Non Conveniens In The Federal Courts

Indiana Law Journal

Federal Jurisdiction Note

Future Earning As Basis For Equity Jurisdiction

Indiana Law Journal

Notes and Comments: Jurisdiction

State Rules Of Substance And Procedure

Indiana Law Journal

Notes and Comments: Federal Jurisdiction

Jurisdiction Of State Equity Courts

Indiana Law Journal

Notes and Comments: National Labor Relations Act

What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally

Indiana Law Journal

No abstract provided.

Divorce-Jurisdiction Over Subject Matter-Res Judicata

Indiana Law Journal

No abstract provided.

Taxation-Jurisdiction To Tax Trust Property-The Trust Device As An Instrumentality For Avoiding Taxation

Indiana Law Journal

No abstract provided.

Taxation-Jurisdiction To Tax-Business Situs-Taxatino Of State Bank Shares

Indiana Law Journal

Recent Case Notes

Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown

Indiana Law Journal

Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.

The Jurisdiction Of Courts (Part 3), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

The Jurisdiction Of Courts (Part 2), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

The Jurisdiction Of Courts (Part 1), Bernard C. Gavit

Indiana Law Journal

No abstract provided.

Jurisdiction Over A Foreign Corporation-Constitutional Limitations On Exercise Of Jurisdiction

Indiana Law Journal

No abstract provided.