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Articles 1 - 23 of 23
Full-Text Articles in Law
Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby
Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby
BYU Law Review
No abstract provided.
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams
BYU Law Review
No abstract provided.
Maritime Jurisdiction And The Secession Of States: The Case Of Quebec, Jonathan L. Charney
Maritime Jurisdiction And The Secession Of States: The Case Of Quebec, Jonathan L. Charney
Vanderbilt Journal of Transnational Law
In this Article, Professor Charney discusses the maritime boundary delimitation issues that result from the creation of a new state through secession. While the author uses Quebec's maritime boundary concerns as an exemplar, the issues discussed are not unique to Quebec. The author notes that one cannot predict the ultimate resolution of maritime boundary disputes precisely, but certain factors will often affect the outcome. These factors include the geographical configuration of the disputed area, the viability of pre-secession boundaries, historic water claims, the doctrine of uti possidetis, and basic equity. The author concludes that maritime boundaries are so vital to …
The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld
The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld
Michigan Law Review
A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish
International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen
International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen
BYU Law Review
No abstract provided.
State-Federal Judicial Relationships: A Report From The Trenches, Ellen Ash Peters
State-Federal Judicial Relationships: A Report From The Trenches, Ellen Ash Peters
Faculty Articles and Papers
No abstract provided.
Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf
Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf
Faculty Scholarship
The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.
Cesena V. Du Page County: The Illinois Supreme Court's Exercise Of Equitable Jurisdiction And Its Potential Impact On The Attorney-Client Privilege, Amy Kushen
Loyola University Chicago Law Journal
No abstract provided.
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
Law Faculty Publications
A critique of the newly enacted 28 U.S.C. § 1367, which delineated the circumstances under which federal courts could rule on additional claims related to the one that is the basis of federal jurisdiction.
Forum Selection Agreements In The Federal Courts After Carnival Cruise: A Proposal For Congressional Reform, Patrick J. Borchers
Forum Selection Agreements In The Federal Courts After Carnival Cruise: A Proposal For Congressional Reform, Patrick J. Borchers
Washington Law Review
Once the object of American judicial loathing, forum selection agreements recently have enjoyed a far more favored status. Forum selection agreements promote certainty in commercial relationships and reduce transaction costs arising from litigation of threshold issues such as personal jurisdiction and venue. In 1988, in Stewart Organization, Inc. v. Ricoh, the Supreme Court confused several central issues, including whether state or federal law governs enforcement in diversity actions, the mechanism for enforcing forum selection agreements, and the consequences of seeking to enforce an agreement by transferring the matter from one federal court to another. More recently, in Carnival Cruise Lines, …
Comments: Making A Federal Case Out Of It: Supplemental Jurisdiction Under 28 U.S.C. § 1367, M. Ashley Harder
Comments: Making A Federal Case Out Of It: Supplemental Jurisdiction Under 28 U.S.C. § 1367, M. Ashley Harder
University of Baltimore Law Review
No abstract provided.
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Multijurisdictional Estates And Article Ii Of The Uniform Probate Code, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory note emphasizes the decline of formalism, the proliferation of will substitutes, the multiple-marriage society, and the rise of the partnership/marital sharing theory as stimulative of the revisions introduced. The theme of this article is that one other crucial development has been essentially ignored. No serious attempt has yet been made by the drafters to address the immensely complex yet commonplace issues associated with, …
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin
Articles by Maurer Faculty
No abstract provided.
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries
Faculty Law Review Articles
The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …
Can Buckley Clear Customs?, Harold H. Bruff
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, Christopher L. Blakesley
Scholarly Works
Any inquiry into the merits of an international criminal court must start with resolving three basic issues:
1. Can the tribunal improve international cooperation in law enforcement, add to the capabilities of the various nations in matters of international criminal law, or contribute in any incremental way to the solution of international and transnational criminal law problems by improving the current practice and enhancing the effectiveness of all concerned?
2. Will the recommended system have a better or equal chance of operating as effectively as the best existing systems of national criminal justice?
3. Will the recommended system improve efficiency …
Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt
Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Apocalypse Next Time?: The Anachronistic Attack On Habeas Corpus/Direct Review Parity, James S. Liebman
Apocalypse Next Time?: The Anachronistic Attack On Habeas Corpus/Direct Review Parity, James S. Liebman
Faculty Scholarship
Today, a district court's habeas corpus review of the constitutionality of a state criminal conviction and the Supreme Court's direct review of the same question are nearly identical. Last Term, in Wright v. West, an otherwise mundane criminal procedure case, the Supreme Court rewrote the question presented to ask whether the parity between federal habeas corpus and direct appellate review should be destroyed. The Court proposed abandoning in habeas corpus an important trait shared by the two modes of review – de novo consideration of legal and mixed legal-factual questions.
To those who value meaningful habeas corpus review, the …
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
Bartram Brown
No abstract provided.