Law Commons^™

Abstention Under Erisa: Levy V. Lewis

Washington and Lee Law Review

No abstract provided.

Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations

Washington and Lee Law Review

No abstract provided.

Intimations Of Federal Removal Jurisdiction In Labor Cases: The Pleadings Nexus, Michael B. Thornton

Duke Law Journal

No abstract provided.

Jurisdiction Over Persons, Things And Status, Kenneth M. Murchison

Louisiana Law Review

No abstract provided.

Practice And Procedure, David G. Traylor Jr.

South Carolina Law Review

No abstract provided.

The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover

William & Mary Law Review

No abstract provided.

State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran

William & Mary Law Review

No abstract provided.

Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald

Dalhousie Law Journal

The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …

State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert

William & Mary Law Review

No abstract provided.

The State Courts And Federal Constitutional Litigation, Paul M. Bator

William & Mary Law Review

No abstract provided.

Maritime Law Judgments In Canada – 1979, William Tetley

Dalhousie Law Journal

As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …

Toward Procedural Parity In Constitutional Litigation, Burt Neuborne

William & Mary Law Review

No abstract provided.

The Uncertain Nature Of Federal Jurisdiction, Martha A. Field

William & Mary Law Review

No abstract provided.

Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor

William & Mary Law Review

No abstract provided.

Collateral Attack On Subject Matter Jurisdiction: A Critique Of The Restatement (Second) Of Judgments, Karen Nelson Moore

Cornell Law Review

No abstract provided.

Res Judicata Implications Of Pendent Jurisdiction, Mark Jay Altschuler

Cornell Law Review

No abstract provided.

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Review

No abstract provided.

Limited Appearances And Issue Preclusion: Resetting The Trap, Ernest L. Schmider

Cornell Law Review

No abstract provided.

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …

Personal Jurisdiction In Florida: Some Problems And Proposals, Marc Rohr

Nova Law Review

As any well-taught law student knows, two things must generally

be true in order for an American court to render a binding in personam

judgment against a party who does not reside within the borders of the

state in which the court is located:' (1) the party's conduct must fall

within the terms of a statute of that state, universally known as a "long

arm statute," conferring power upon that state's courts to hear cases of

the kind described therein, and (2) the assertion of personal jurisdiction

under the long arm statute must satisfy the "minimum contacts" test

articulated by …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Carrier Who Employs Stevedore under a Long-Term Contract is Vicariously Liable to Cargo Owner for Stevedore's Mishandling of Cargo even after Unloading and Storage

Vessel Owner Denied Duty Remission because of Procedural Failure in Filings with Customs Service

Wife of Harbor Worker Injured Nonfatally in State Territorial Waters May Maintain Action for Loss of Husband's Society

Corporation may Qualify for Tax Treatment as a Western Hemisphere Trade Corporation even though Incidental Purchases are Made Outside the Hemisphere

Importation or Receipt of Goods from the United States Confirmed by Telex to Plaintiff in United States Insufficient Contacts to Establish Personal Jurisdiction …

Recent Developments, Gali Hagel, John R. Heldman

Vanderbilt Journal of Transnational Law

RECENT DEVELOPMENTS

Aliens' Rights--The Refugee Act of 1980 as Response to the 1967 Protocol Relating to the Status of Refugees: The First Test

Gali Hagel

The Refugee Act of 1980, reflecting United States commitments under the 1951 Convention and the 1967 Protocol, went into effect during a wave of immigration that created a state of emergency in strongly affected southern Florida. Under a severe test of its commitment to the terms of the 1967 Protocol and its implicit sense of moral obligation to grant asylum to individuals fleeing dictatorial rule, the United States responded positively in accepting the Cubans. Although …

Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith

Fordham Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart

Northwestern Journal of International Law & Business

The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White

Cleveland State Law Review

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.

Allstate Insurance Company V. Hague: Abandonment Of Meaningful Constitutional Controls On Choice Of Law, Richard W. Mattson

Kentucky Law Journal

No abstract provided.

The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.

Fordham Law Review

No abstract provided.

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.