Law Commons^™

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

West Virginia Law Review

No abstract provided.

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.

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

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

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

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

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

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

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

William & Mary Law Review

No abstract provided.

Res Judicata And Jurisdiction Over The Subject Matter

Washington and Lee Law Review

No abstract provided.

Municipal Corporations, C. David Sheppard

Washington Law Review

Covers cases on the suspension or revocation of a driver's license by police courts.

Jurisdiction, Leon Misterek

Washington Law Review

Covers cases on state jurisdiction over Indian country.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bankruptcy--Assets--Trustee's Rights Under 70(c) Ascertained at Date of Bankruptcy Rather than Anterior Point of Time

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Contempt--Publisher Not in Contempt for Newspaper Articles Which He reasonably did not believe would interfere with Trial

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Federal Procedure--Erie Doctrine--Impeachment Evidence not Outcome--Determinative

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Jurisdiction--Federal Death on High Seas Act Grants Exclusive Jurisdiction to Federal Courts

Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.

Vanderbilt Law Review

A great deal has been written about the personal jurisdiction of state courts and particularly about the applicable due process requirements.' Much less has been contributed by commentators on the subject of due process requirements applying to in personam jurisdiction of a United States district court. Perhaps the reason is the difficulty of finding a rationale in the pertinent decisions. These fail to distinguish between the conditions necessary for valid service of federal court process as contrasted with those essential to the proper service of state process. They also fail to explain why the constitutional provision brings about the result …

The Objective And Function Of The Complaint: Common Law -- Codes -- Federal Rules, Fleming James, Jr.

Vanderbilt Law Review

Before a court can properly decide a case and enter judgment, certain things must have taken place. The court must have obtained jurisdiction over the parties and over the controversy to be decided.'Limits must be set to the controversy so that the court and the parties may know how to direct their efforts, and so that the court may rule on questions of relevancy. The issues of fact and of law must be framed so that each is allocated to the appropriate tribunal for decision and is presented clearly enough so that the tribunal knows what to decide. The adversary …

Federal Courts--Jurisdictional Amounts--Legal Certainty, Esdel Beane Yost

West Virginia Law Review

No abstract provided.

Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Soverign Immunity - Suit For Specific Relief Against Federal Officers - United States Not A Necessary Part, Steven P. Davis

Michigan Law Review

Plaintiff, claiming right to possession, brought an ejection action in a Georgia court against both the government officer in possession of the land and the United States. Defendants removed the case to a United States district court and moved for dismissal. The district court granted defendants' motion to dismiss, holding that the court had no jurisdiction over the claim because the suit in substance and effect was against the United States and the United States had neither consented to be sued nor waived its immunity from suit. On appeal to the Court of Appeals for the Fifth Circuit, held, …

Abstracts Of Recent Cases, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Guides To Harmonizing Section 5 Of The Federal Trade Commission Act With The Sherman And Clayton Acts, S. Chesterfield Oppenheim

Michigan Law Review

This topic is a constellation of antitrust highlights. Within the past five years the Federal Trade Commission has ventured into borderlands of its claim of jurisdiction under section 5 of the Federal Trade Commission Act in testing the scope of section 5 itself and its relation to the Commission's jurisdiction under the Sherman and Clayton Acts.

Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas

Michigan Law Review

County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the …

Child Custody Across State Lines

Washington and Lee Law Review

No abstract provided.

No-Strike Clauses In The Federal Courts, Frank H. Stewart

Michigan Law Review

One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.

Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.

Michigan Law Review

Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …

Insurance-Regulation Under The Mccarran-Ferguson Act-Ftc Jurisdiction Not Ousted By A State Statute Proporting To Control Deceptive Advertising Mailed To Other States, Thomas D. Heekin

Michigan Law Review

Petitioner issued a cease-and-desist order prohibiting respondent from making statements in its advertising materials which violated the Federal Trade Commission Act. Respondent, a Nebraska health insurance company, mailed its circulars to residents of every state. The McCarran-Ferguson Act provides that "the Federal Trade Commission Act ... shall be applicable to the business of insurance to the extent that such business is not regulated by State law." A Nebraska statute prohibits an insurer domiciled there from engaging in unfair business practices in any state. In an action to set aside the FTC cease-and-desist order, the Court of Appeals for the Eighth …

Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle

Villanova Law Review

No abstract provided.