Law Commons^™

Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer

Fordham Law Review

No abstract provided.

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim

Vanderbilt Journal of Transnational Law

The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart

Cardozo Law Review

No abstract provided.

Federal Jurisdiction To Enforce A Settlement After Vacating A Dismissal Order Under Rule 60(B)(6), Alyson M. Weiss

Cardozo Law Review

No abstract provided.

Forum Selection Clauses Designating Foreign Courts: Does Federal Or State Law Govern Enforceability In Diversity Cases—A Question Left Open By Stewart Organization, Inc. V. Ricoh Corp., Matthew W. Lampe

Cornell International Law Journal

No abstract provided.

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …

Jurisdictional Quagmire: The Implications Of K-Mart Corp. V Cartier, Giovanna M. Cinelli

Syracuse Journal of International Law and Commerce

The scope of this article extends solely to reviewing the pressing question of proper jurisdiction as between the CIT and the district courts regarding issues of international trade.

The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield

Fordham Law Review

No abstract provided.

Harris V. Reed: A New Look At Federal Habeas Jurisdiction Over State Petitioners, Jason M. Halper

Fordham Law Review

No abstract provided.

Subject Matrer Jurisdiction, Standing, And Citizen Suits: The Effect Of Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Inc., Scott B. Garrison

Maryland Law Review

No abstract provided.

History Comes Calling: Dean Griswold Offers New Evidence About The Jurisdictional Debate Surrounding The Enactment Of The Declaratory Judgment Act, Donald L. Doernberg, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In a recent article, we proposed that the Declaratory Judgment Act of 1934 was intended, contrary to the Supreme Court's long-standing interpretation, to enlarge the subject matter jurisdiction of the federal courts. When Congress considered the Act, jurisdictional concerns centered around whether declaratory judgments would violate the case-or-controversy clause, not whether introduction of the device would expand the federal question jurisdiction Congress already had authorized. There is, indeed, substantial evidence that Congress intended to expand federal question jurisdiction to include at least two, and possibly three, case models; there is virtually no evidence supporting the contrary position taken by the …

The Trojan Horse: How The Declaratory Judgment Act Created A Cause Of Action And Expanded Federal Jurisdiction While The Supreme Court Wasn't Looking, Donald L. Doernberg, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

This Article examines the Court's treatment of declaratory judgment actions. It demonstrates that the Court's ‘procedural only’ view of the Act frustrates congressional intent and is neither analytically sound nor practical. Part I discusses the general rules governing federal question jurisdiction and the Court's method for dealing with declaratory judgment cases. Part II explores the history and purpose of the Declaratory Judgment Act and its relationship to federal question jurisdiction. This study demonstrates that the Supreme Court's assumptions about the jurisdictional import of the Declaratory Judgment Act find no support in the legislative history. Further, it shows that the Court's …

Florida Practice And Procedure, Suzanne R. Armstrong

Nova Law Review

The Florida courts, as one would expect, decided a large number of cases concerning procedural issues during this survey period.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

MCCARRAN-WALTER ACT PROVISIONS ALLOWING FOR THE DEPORTATION OF ALIENS WHO ADVOCATE WORLD COMMUNISM VIOLATE THE FIRST AMENDMENT

American-Arab Anti-Discrimination Committee v. Meese 1989 U.S. Dist. LEXIS 1327 (C.D. Cal. Jan. 26, 1989)

PHILIPPINE ACTION AGAINST FORMER PRESIDENT MARCOS NOT BARRED BY ACT OF STATE DOCTRINE AND INJUNCTION ALLOWED TO FREEZE ASSETS WORLDWIDE

Republic of the Philippines v. Marcos 862 F.2d 1355 (9th Cir. 1988) (en banc).

THE FOREIGN SOVEREIGN IMMUNITES ACT OF 1976 PROVIDES THE SOLE BASIS FOR OBTAINING JURSIDICTION OVER A FOREIGN STATE

Argentine Republic v. Amerada Hess Shipping Corp. 109 S. Ct. 683(1989).

ASLYUM APPLICANT WHO FAILS TO …

Caseload Conundrum, Constitutional Restraint And The Manipulation Of Jurisdiction, Nancy Levit

Faculty Works

The quantity of litigation in the federal courts has reached unprecedented heights. While this 'crisis of volume' has attracted the attention of legislators and scholars, the judiciary has been left to divine self-help measures to reduce litigants' use of the federal courts. The federal bench that must manage this caseload explosion includes a cadre of recently appointed federal judges. Many of these judges embrace the New Federalism, an initiative to shift governmental power and responsibility back to the states.

This article posits that the combination of judicial overload and injudicious federalism is operating to shunt certain classes of litigants away …

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Publications

No abstract provided.

American Indians And The Constitution: An Argument For Nationhood, Steven Paul Mcsloy

American Indian Law Review

No abstract provided.

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.

State Tolling Statutes And Interstate Commerce: Bendix Autolite Corporation V. Midwesco Enterprises, John H. Forg

Case Western Reserve Law Review

No abstract provided.

Ratification By Argentina Of The 1958 New York Convention On Recognition And Enforcement Of Foreign Arbitral Awards, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.

State Jurisdiction Over Interstate Telephonic Criminal Conspiracy

Washington and Lee Law Review

No abstract provided.

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries Management Papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast.

Arrangements under the OCS for West Australian fisheries fall into three catagories:

1. fisheries managed by the State under State law as far seaward as the arrangement specifies.

2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies.

3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies.

Eleven of the …

Jurisdictional Reach For Interpleading Aliens: Can Use Of 1655 Coexist With Federal Interpleader Law, Thomas C. Morrill

Cornell International Law Journal

No abstract provided.

Sayonara To Minimum Contracts: Asahi Metal Industry Co. V. Superior Court, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Dissenting View Of Asahi Metal Industry Co., Ltd. V. Superior Court, A, Gregory Gelfand

South Carolina Law Review

No abstract provided.