Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1993

Jurisdiction

Institution
Keyword
Publication
Publication Type

Articles 1 - 21 of 21

Full-Text Articles in Law

Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman Dec 1993

Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman

Michigan Law Review

This Note concludes that the Sixth Circuit was half right: when a civil action names both state and private defendants - what this Note terms a "mixed case" - and when the claims against private defendants arise under federal law, the district court must grant removal of the case8 and must remand the claims against the state defendant. However, this Note also observes that the Fifth Circuit probably achieved the better result. After defendants have removed a mixed case to federal court and the district court has remanded the barred claims, the dual court systems and the parties will usually …


Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett Oct 1993

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

Faculty Scholarship

No abstract provided.


Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett Oct 1993

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

University of Miami Inter-American Law Review

No abstract provided.


Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney Jun 1993

Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

Washington and Lee Law Review

No abstract provided.


In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera Feb 1993

In The Wrong Place, At The Wrong Time: Problems With The Inter-American Court Of Human Rights Use Of Contentious Jurisdiction, Michael J. Corbera

Vanderbilt Journal of Transnational Law

The Inter-American region has a history of widespread human rights abuse. To combat this problem the Organization of American States has developed a regional system for the protection of human rights. The system's adjudicatory body is the Inter-American Court of Human Rights (the Court). In recent years the Court has expanded its power through its exercise of contentious jurisdiction. Certain factors, however, that are unique to the Inter-American region weigh against the Court's use of contentious jurisdiction.

Tracing the development of the Inter-American human rights system in general and the Court in particular, this Note evaluates the Court's powers and …


Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller Jan 1993

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …


Federal Recent Developments Jan 1993

Federal Recent Developments

American Indian Law Review

No abstract provided.


The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson Jan 1993

The Neumeier-Schultz Rules: How Logical A "Next Stage In The Evolution Of The Law" After Babcock?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler Jan 1993

Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young Jan 1993

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.


Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding Jan 1993

Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding

American Indian Law Review

No abstract provided.


World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams Jan 1993

World-Wide Volkswagen V. Woodson-The Rest Of The Story, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The 'Proper' Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary S. Lawson Jan 1993

The 'Proper' Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary S. Lawson

Faculty Scholarship

The year is 1790-shortly after ratification of the Federal Constitution. Imagine that the newly formed U.S. Congress, pursuant to its constitutionally enumerated power to "establish Post Offices and post Roads,"2 authorizes construction of a post road between Baltimore and Philadelphia.3 Suppose further that the most convenient route runs straight through, for example, Mrs. Barrington's cow pasture. Mrs. Barrington values her cows' serenity and strongly urges the government to build its road around her pasture. Congress nonetheless enacts a statute instructing the President and his subordinates to build the road across Mrs. Barrington's land. The enabling statute does not authorize compensation …


Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches Jan 1993

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …


Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States Jan 1993

Case Comments S. Sovereign Immunity Goldstar (Panama) S.A. V. United States

Washington and Lee Law Review

No abstract provided.


A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger Jan 1993

A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger

UIC Law Review

No abstract provided.


Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham Jan 1993

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …


Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham Jan 1993

Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham

American Indian Law Review

No abstract provided.


Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass Jan 1993

Section 1983 Litigation In The Ohio Courts: An Introduction For Ohio Lawyers And Judges, Steven H. Steinglass

Cleveland State Law Review

This review of §1983 litigation in the Ohio courts has three principal goals. First, it provides an introduction to state court §1983 litigation for Ohio lawyers and judges. Commentators have recognized the importance of state court §1983 litigation, and the Supreme Court has begun to pay greater attention to state court §1983 cases. Nonetheless, most §1983 materials focus on the federal courts. Moreover, the few works addressing litigation of §1983 claims in state courts either lack an Ohio focus or, where there is such a focus, deal narrowly with specific Ohio issues. This article seeks to bridge this gap by …


Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham Jan 1993

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff Jan 1993

The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff

Publications

No abstract provided.