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Articles 1 - 6 of 6
Full-Text Articles in Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
To Attach Or Not To Attach: The Continued Confusion Regarding Search Warrants And The Incorporation Of Supporting Documents, Michael Longyear
Fordham Law Review
The Fourth Amendment mandates that a search warrant particularly describe what is to be searched or seized. Courts have allowed officers to use supporting documentation, such as affidavits and other attachments, to define, but not expand, the limits of a search. However, the use of these supporting documents creates a problem when the document is referenced in the warrant but is not physically attached to the warrant. This Note argues that the protection of the Fourth Amendment is not the warrant itself, but the guarantee that a warrant, fully detailing the search to be undertaken, has been approved by a …
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
25 pages (includes illustrations and map).
Trial Practice - Special Appearance To Contest Garnishment
Trial Practice - Special Appearance To Contest Garnishment
Michigan Law Review
The proceeds of an insurance policy payable to the defendant, a non-resident, were attached by garnishment. The defendant, who was served by publication, filed a paper entitled "Special Appearance" to question the jurisdiction of the court over his person and property. The lower court sustained the special appearance on the ground that the proceeds of the policy were exempt from garnishment. Held, that the exemption of the proceeds was not material to the question of jurisdiction in rem, so it should not have been considered on special appearance. Reversed with leave to the defendant to enter a general …
Attachment In Tort Actions In Indiana, William R. Ringer
Attachment In Tort Actions In Indiana, William R. Ringer
Indiana Law Journal
No abstract provided.
Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood
Leading And Illustrative Cases: With Notes On The Law Of Judgments, Attachments, Garnishments And Executions, John R. Rood
Books
The prior edition being exhausted, this one became necessary. The scope of the book has been considerably changed by developing the law of jurisdiction and the estoppel by judgments. Room for this has been obtained by dropping some of the less important cases on other topics. In several instances a case has been displaced by another on the same point, because thought to cover the matter better.