Law Commons^™

Conflicts Of Jurisdiction Under The New Restatement, Karl M. Meessen

Law and Contemporary Problems

No abstract provided.

Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts

Law and Contemporary Problems

No abstract provided.

Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover

Law and Contemporary Problems

No abstract provided.

Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood

Law and Contemporary Problems

No abstract provided.

Enforceability And The Resolution Of International Jurisdictional Conflicts: Comments On Abbott, Atwood, And Ordover, Edward Tower, Thomas D. Willett

Law and Contemporary Problems

No abstract provided.

The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

56 pages.

Includes unsigned annotations by David Getches.

Burger King Corp. V. Rudzewicz: A Whopper Of An Opinion, John C. Davidson

Louisiana Law Review

No abstract provided.

Introduction, Elliott J. Weiss

Cardozo Law Review

No abstract provided.

The State Competition Debate In Corporate Law, Roberta Romano

Cardozo Law Review

No abstract provided.

A Principled Statutory Approach To Supplemental Jurisdiction, Richard D. Freer

Duke Law Journal

No abstract provided.

Lemley V. Barr: Who Gets Baby Ryan And Who Should Decide, Thomas G. Steele

West Virginia Law Review

No abstract provided.

Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.

Seattle University Law Review

Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …

There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”' language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue …

Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain

Dalhousie Law Journal

There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.

Another Look At The Eec Judgments Convention: Should Outsiders Be Worried?, Bruce M. Landay

Penn State International Law Review (1982 - 2011)

This article addresses the problems of "exorbitant" jurisdiction under the EEC Judgments Convention. Specifically, the author discusses the threat that Article 4 of this document may be used by EEC members to exercise in personam jurisdiction against non-member states. The history and usage of "exorbitant" jurisdiction are discussed, with reference to its legal development, its application under the EEC convention, and its importance in terms of the Hague Draft Convention.

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE EXTENDS TO FOREIGN CRIMINAL INVESTIGATIONS WHERE UNITED STATES NARCOTICS AUTHORITIES REASONABLY RELIED ON FOREIGN LAW ENFORCEMENT OFFICERS' REPRESENTATIONS THAT SEARCH COMPLIED WITH THE FOREIGN COUNTRY'S LAW--United States v. Peter-son, 812 F.2d 486 (9th Cir. 1987).

ASSETS OF A WHOLLY-OWNED FOREIGN INSTRUMENTALITY ARE NOT SUBJECT TO ATTACHMENT TO SATISFY JUDGMENT AGAINST A FOREIGN STATE UNLESS PLAINTIFF OVERCOMES PRESUMPTION OF INDEPENDENT STATUS--Hercaire Int'l, Inc. v. Argentina, 821 F.2d 559(11th Cir. 1987).

UNITED STATES DISTRICT COURT HAS SUBJECT MATTER JURISDICTION OVER MEXICAN CONSULAR OFFICIALS FOR THEIR ALLEGED ATTEMPTS TO SUPPRESS CRITICAL DEMONSTRATIONS OUTSIDE MEXICAN CONSULATE IN …

Natural Resources Damage Litigation [Appendix], Michael Donovan

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

80 pages (includes illustrations).

Contains references and historical notes.

Appendix contains 3 attachments:

1) Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. 9601 et seq. (1980)

2) National Contingency Plan, 40 C.F.R. Part 440, 50 Fed. Reg. No. 224, Part III (November 20, 1985)

3) Natural Resource Damage Assessments - Proposed Rule, Department of Interior, 43 C.F.R. Part 11, 50 Fed. Reg. No. 245, Part IV (December 20, 1985)

Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

The conference chairman was University of Colorado School of Law professor Lawrence J. MacDonnell.

During the past ten years Congress has made the regulation of hazardous waste a priority. This conference focuses on the Resource Conservation and Recovery Act, as amended in 1984, and the Comprehensive Environmental Response, Compensation and Liability Act.

This conference attracted about 100 registrants from 16 states plus the District of Columbia. John G. Welles, Regional Director for EPA Region 8, presented a luncheon address.

An Evaluation Of Rcra, David J. Lennett

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

68 pages (includes 1 illustration).

Contains 1 page of references.

Contains 5 attachments.

Laker Antitrust Litigation: The Jurisdictional Rule Of Reason Applied To Transnational Injunctive Relief, Daryl A. Libow

Cornell Law Review

No abstract provided.

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon

Fordham Law Review

No abstract provided.

Terminating Parental Rights, Donald N. Duquette

Book Chapters

The complete legal severance of the parent-child relationship is an extremely serious step. The severance isabsolute and permanent; it is as if the relationship never existed. Few state infringements on personal liberty are greater. On the other hand, termination of parental rights may make a child available, through adoption, for a new permanent relationship that would not otherwise be possible.

Under the Adoption Code, MCLA 710.21 et~; MSA 27.3178(555.21) et ~ termination of parental rights may be effected voluntarily through a release of parental rights, MCLA 710.28, .29, .64; MSA 27.3178(555.28), (555.29), (555.64), or by a putative father's not asserting …

Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall

Case Western Reserve Law Review

No abstract provided.

Three Affiliated Tribes V. Wold Engineering (1986), United States Supreme Court, Sandra Day O'Connor

US Government Documents Related to Indigenous Nations

Three Affiliated Tribes v. Wold Engineering is a case that forced the United States (US) Supreme Court to clarify US Public Law 83-280 (typically referred to as Public Law 280). Due to a lack of clarity in US Public Law 280, when the Three Affiliated Tribes attempted to sue Wold Engineering for breach of contract, North Dakota (ND) state courts told the tribes that they were unable to preside over a case between a sovereign nation and a private business. The ND Supreme Court held that the tribes would have to give up tribal sovereignty if they wanted to try …

Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa

Fordham Law Review

No abstract provided.

Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers

Kentucky Law Journal

No abstract provided.