Law Commons^™

Procedural Due Process In Quasi In Rem Actions After Shaffer V. Heitner, Karen Nelson Moore

William & Mary Law Review

No abstract provided.

Tribal Sovereignty And The Supreme Court's 1977-1978 Term

BYU Law Review

No abstract provided.

Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss

Washington Law Review

This comment will examine one of the most critical aspects of the civil jurisdiction issue—tribal jurisdiction to exercise land use planning and zoning control. With such jurisdiction, a tribe may regulate or prohibit the development of reservation lands, and thus exercise a measure of control over the future of its reservation. Without zoning jurisdiction, most tribes would be forced to submit to the judgments of non-Indians about the uses of reservation lands. An introduction to the history and patterns of land ownership on Indian reservations is important to an understanding of the clashes between Indian and non-Indian reservation residents. Equally …

Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris

Washington Law Review

In April 1977 a Ninth Circuit panel in Yakima I 5 ruled that R.C.W. ch. 37.12 violates the equal protection clause of the fourteenth amendment. The Supreme Court, in accepting review, has instructed the parties to prepare briefs on both the equal protection challenge and the issue of Washington's compliance with PL-280.17 Several Washington tribes have contended that R.C.W. ch. 37.12 fails to comply with PL-280 because (1) Washington failed to amend its constitution in order to remove a disclaimer of jurisdiction on Indian lands 18 and (2) PL-280 does not permit the assumption of partial jurisdiction by a state. …

Federal Courts As State Reformers, Paul J. Mishkin

Washington and Lee Law Review

No abstract provided.

Personal Jurisdiction And Rule 23 Defendant Class Actions, John M. Rogers

Indiana Law Journal

No abstract provided.

Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman

Buffalo Law Review

No abstract provided.

Judicial Jurisdiction And Choice Of Law: The Consequences Of Shaffer V. Heitner, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings

Washington Law Review

A shareholder in Greyhound Corporation, a Delaware corporation, brought a derivative action against corporate officers and directors alleging that certain actions by the defendants in Oregon had caused substantial harm to the corporation. The suit was initiated in a Delaware state court with jurisdiction based only on the statutory presence of property in that state. The defendants contested this attempt to assert quasi in rem jurisdiction on due process and other grounds, but their arguments were rejected by the trial court and the Delaware Supreme Court. The United States Supreme Court reversed. Held: The minimum contacts test developed in International …

Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik

Buffalo Law Review

No abstract provided.

Jurisdiction: Public Law 280--Local Regulation Of Protected Indian Lands, Louis D. Persons Ii

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Divorce Jurisdiction After The 1977 Amendment To The Illinois Long Arm Statute: Extending A Legal Doctrine Or Creating A Legal Hallucination?, David A. Baker

Loyola University Chicago Law Journal

No abstract provided.

Younger And Its Progeny: A Variation On The Theme Of Equity, Comity And Federalism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Judicial Jurisdiction And Choice Of Law In Interstate Accident Cases: The Implications Of Shaffer V. Heitner, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY LIABILITY LIMITATION IN SHIPPING CONTRACT SUBJECT TO CARRIAGE OF GOODS BY SEA ACT IS NULL AND VOID WHERE CONTRACT PROVIDES SHIPPER No OPPORTUNITY TO DECLARE CARGO'S HIGHER VALUE PRIOR TO SHIPMENT

2. ALIENS' RIGHTS STATE DENIAL OF RESIDENT ALIEN'S APPLICATION FOR MINISTERIAL OFFICE ON SOLE GROUND OF ALIENAGE VIOLATES FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE

3. CUSTOMS DUTIES ACTUAL OWNER OF IMPORTED MERCHANDISE ENTERED BY A CUSTOM-HOUSE BROKER HAS STANDING UNDER 19 U.S.C. § 1514(b)(1) TO PROTEST CLASSIFICATION OF THE MERCHANDISE

4. JURISDICTION AND PROCEDURE QUASI IN REM JURISDICTION OVER FOREIGN CORPORATION CAN BE BASED ON A PRIOR ATTACHMENT …

Criminal Jurisdiction Over Indian Schools: Chilocco Indian School, An Example Of Jurisdictional Confusion, Noma D. Gurich, R. Steven Haught

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem

American Indian Law Review

No abstract provided.

Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns

American Indian Law Review

No abstract provided.

Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen

West Virginia Law Review

No abstract provided.

Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction

Washington and Lee Law Review

No abstract provided.

Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell

University of Richmond Law Review

A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Recent Decisions, Lloyd F. Leroy, Shelley B. O'Neill, Thomas E. Settles

Vanderbilt Journal of Transnational Law

Commodity Futures Trading Commission Act of 1974--Commodity Futures Trading Commission Regulating that Restrict Dealers in Foreign Options More Severely than Dealers in Futures Contracts are not Arbitrary or Capricious

Lloyd F. LeRoy

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Customs--Countervailing Duties--Rebates of Nonexcessive Excise Taxes Do Not Constitute a Bounty Subject to Countervailing Duties

Shelley B. O'Neill

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Jurisdiction--Exercise of in REM and Quasi in Rem Jurisdiction Justified only Where International Shoe Minimum Contacts Standard is Satisfied

Thomas E. Settles

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SECURITIES REGULATION--Extraterritorial Application of the Anti-fraud Provisions--Federal Securities Laws Grant Jurisdiction When There is Some Activity in Furtherance of a Fraudulent Scheme Committed Within the …