Law Commons^™

Environmental Regulation On Indian Reservations, B. Kevin Gover

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

45 pages.

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.

Slogan Or Substance Understanding Our Federalism And Younger Abstention , David Mason

Cornell Law Review

No abstract provided.

Another Choice Of Forum, Another Choice Of Law: Consensual Adjudicatory Procedure In Federal Court, Linda S. Mullenix

Fordham Law Review

No abstract provided.

Extraterritorial Application Of Federal Labor Laws: Congress’S Flawed Extension Of The Adea, James Michael Zimmerman

Cornell International Law Journal

No abstract provided.

Exclusive Federal Jurisdiction For Implied Rule 10b-5 Actions: The Emperor Has No Clothes, Margaret V. Sachs

Scholarly Works

Courts have long assumed the existence of exclusive federal jurisdiction over private actions implied from section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5. The result is not only to restrict forum choice for rule 10b-5 claimants but also to generate a host of questions concerning the extent of federal authority: whether rule 10b-5 actions are exempt from the claim and issue preclusive effects of state court decisions; whether state courts can hear defenses and state-created claims that involve rule 10b-5; and whether federal courts can stay rule 10b-5 actions in deference to state court litigation. In …

Is The Supreme Court Truly A Supreme Juridiction, Mohamed El Wakili

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article critically assesses whether the Supreme Council fully performs the functions generally associated with a supreme court. It reviews the Council’s historical development and the expansion of its competences across civil, criminal, and administrative matters, emphasizing the tension between legality control and broader expectations of guidance. The study highlights structural constraints such as caseload pressure, procedural design, and limited research and documentation support, which can affect the quality and consistency of decisions. It concludes with reform‑oriented proposals to strengthen the Council’s capacity to unify jurisprudence and to improve efficiency without undermining procedural guarantees.

Does The Tax Injunction Act Of 1937 Affect State Court Jurisdiction Over State Tax Challenges Under Section 1983 Of The Civil Rights Act Of 1871?

Washington and Lee Law Review

No abstract provided.

The Legal Status Of Employees Of Public Industrial And Commercial Establishments (Epics) And The Case Law Of The Administrative Chamber Of The Supreme Court, Ahmed El Aouani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper analyzes Moroccan jurisprudence on the employment status of workers in Public Industrial and Commercial Establishments (EPICs), whose hybrid nature raises uncertainty about the applicable regime and the competent jurisdiction in labor disputes. Drawing on decisions of the Supreme Court’s Administrative Chamber, the author examines the criteria used to classify disputes and determine whether they fall under administrative litigation or ordinary labor courts. The study discusses the “organic” criterion, the nature of the contested act, and the limits of legality control when collective labor issues are involved. It concludes by calling for clearer rules to reduce inconsistency and ensure …

Jurisdiction Of The California Court Of Appeal, Robert S. Thompson

Santa Clara Law Review

No abstract provided.

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

Federal Recent Developments

American Indian Law Review

No abstract provided.

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.

Back To The Future: A Time For Rethinking The Test For Resident Alien Status Under The Income Tax Laws, David Williams, Ii

Vanderbilt Journal of Transnational Law

If the sole object of our tax law is certainty, then the quest for a bright-line, mechanical test would appear to be justified. Fairness, however, is an equally important objective. If fairness is sacrificed in our rush to formulate a bright-line test, then the law is not fully successful. The trade-off between certainty and fairness attains particular significance for non-United States citizens earning income in this country. Under United States tax laws, these individuals may be taxed as either resident aliens or nonresident aliens. This classification can be crucial because the resident alien is taxed on his worldwide income; the …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Alien Tort Statute Grants Federal Court Subject Matter Jurisdiction Over Foreign Sovereign for Tort Committed in Clear Violation of International Law and Foreign Sovereign Immunities Act is not Exclusive Jurisdictional Grant Over Sovereign-- Amerada Hess Shipping Corp. v. Argentina Republic 830 F.2d 421 (2nd Cir. 1987)

Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman

Vanderbilt Journal of Transnational Law

Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).

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Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Private Citizens Do Not Have a Cause of Action to Enforce Judgments of the International Court of Justice--Committee of United States Citizens in Nicaragua v. Reagan, 859 F.2d 929 (D.C. Cir. 1988)

The Foreign Sovereign Immunities Act Precludes Domestic Court Jurisdiction Over a Cause of Action Arising Out of Airplane Crash in a Foreign Country When the Airplane Is Owned by an Instrumentality of the Foreign Government -Compania Mexicana de Aviacion v. U.S. Dist. Court, 859 F.2d 1354(9th Cir. 1988).

An Unrecognized Panamanian Regime Lacks Standing to Intervene in an Action Brought by the Recognized Panamanian Government to Enjoin the …

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal, Gerald S. Reamey, J. Daniel Harkins

Faculty Articles

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations.

Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

11 U.S.C. § 505: Does It Allow The Bankruptcy Court To Determine A Third Party's Tax Liability?, Karen Skeens

Kentucky Law Journal

No abstract provided.

Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem

Faculty Publications

This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …

Practice And Procedure, Elizabeth Leigh Mullikin

South Carolina Law Review

No abstract provided.

Conflicts Of Jurisdiction In The Antitrust Field: The Example Of Export Cartels, James R. Atwood

Law and Contemporary Problems

No abstract provided.

Extraterritorial Subsidiary Jurisdiction

Law and Contemporary Problems

No abstract provided.

Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick

University of Arkansas at Little Rock Law Review

No abstract provided.

A Swiss Perspective On Conflicts Of Jurisdiction, Kurt M. Hoechner

Law and Contemporary Problems

No abstract provided.

Foreword: Issues In Extraterritoriality, Pamela B. Gann

Law and Contemporary Problems

No abstract provided.

The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer

Law and Contemporary Problems

No abstract provided.

Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger

Law and Contemporary Problems

No abstract provided.