Law Commons^™

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Duke Law Journal

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.

Cable Television's Emerging Two-Way Services: A Dilemma For Federal And State Regulators, Frank W. Lloyd

Vanderbilt Law Review

Cable television as an entertainment medium has been the subject of various federal, state, and local regulatory schemes since its inception in the 1950's. The introduction of nonvideo two-way cable services that provide a capacity for responsive data and voice transmission between users of the two-way system has renewed interest in the appropriate role of government in the regulation of two-way cable services. Telephone companies in particular have pressed state and federal regulators to identify cable two-way systems as common carriers and to impose on them two-way cable common carrier regulations. In this Article Mr. Frank Lloyd discusses actual and …

A Defense Of The “Zone Of Interests” Standing Test, Sanford A. Church

Duke Law Journal

No abstract provided.

Virginia's Domestic Relations Long-Arm Legislation: Does Its Reach Exceed Its Due Process Grasp?, E. Roy Hawkens

William & Mary Law Review

No abstract provided.

The Search For A Solution To Child Snatching, Barbara Sheryl Silverman

Hofstra Law Review

No abstract provided.

Equity And Amiralty: A Turbulet Path To Manifest Destiny, George P. Ii Smith

Northwestern Journal of International Law & Business

Effective in 1966, the Federal Rules of Civil Procedure were amended "to effect unification of the civil and admiralty procedure." With this amendement, the Advisory Committee intended that, "just as the 1938 rules abolished the distinction between actions at law and suits in equity, this change would abolish the distinction between civil actions and suits in admiralty." Thus, rule 1, defining the scope of the rules, now states, "These rules govern the procedure in the United States district courts in all suits of a civil nature whether cognizable as cases as law or in equity or in admiralty... They shall …

Extraterritoriality: A Candian Perspective, Allan E. Gotlieb

Northwestern Journal of International Law & Business

Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.

Bauxites' "Individual Liberty Interest" And The Right To Control Amenability To Suit In Personal Jurisdiction Analysis, Thomas L. Connan

Fordham Law Review

No abstract provided.

Forum Non Conveniens In International Maritime Collision Litigation In The Federal Courts: A Suggested Approach, Edwin W. Dennard

Cornell International Law Journal

No abstract provided.

Rethinking Jurisdiction And Notice In Kentucky, John R. Leathers

Kentucky Law Journal

No abstract provided.

Reflections On Criminal Jurisdiction In International Protection Of Cultural Property, M. Cherif Bassiouni

Syracuse Journal of International Law and Commerce

This article focuses on the issue of jurisdiction in international agreements concerning the protection of cultural property.

The Use Of Conspiracy Theory To Establish In Personam Jurisdiction: A Due Process Analysis, Ann Althouse

Fordham Law Review

No abstract provided.

The Inconvenient Forum And Internationl Comity In Private Antitrust Actions, Mladen Don Kresic

Fordham Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Case Digest

Administrative Procedural Due Process Supported in Major Foreign Policy Dispute --Dresser Industries, Inc. v. Baldrige, 549 F. Supp. 108 (D.D.C. 1982).

Permanent Resident Alien Attempting to Reenter the United States is Entitled to Due Process in an Exclusionary Hearing --Landon v. Plasencia, 103 S. Ct. 321 (1982).

Alien does not Have a Fourteenth Amendment Interest in a Procedure to Stay Deportation Where the INS Established the Procedure for Administrative --Wong ChungWen v. Ferro, 543 F. Supp. 1016 (W.D.N.Y. 1982).

A Plaintiff Suing a Foreign Sovereign's Insurer is not Entitled to a Trial by Jury --Goar v. Compania Peruana …

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Foreign Government-Owned Corporations, The Foreign Sovereign Immunities Act, And The Right To Jury Trial, Kimberly K. Hill

Duke Law Journal

No abstract provided.

First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff bank, a Montana corporation doing business within the boundaries of the Blackfeet Reservation, sought possession of the collateral used to secure a loan on which defendants had defaulted. Basing its jurisdiction on the fact that all transactions at issue "arose upon and were to be performed within" the reservation, the court orders that plaintiff is entitled to recover the collateral but is not entitled to a deficiency judgment in excess of the collateral's value because the bank continued to loan money to the defendants despite knowledge of defendants' "financial disarray."

First National Bank Of Browning V. Kittson, Et Al., No. 81-Ca-429 (Blkft. Tr. Ct., Oct. 4, 1982) 10 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff bank, a Montana corporation doing business within the boundaries of the Blackfeet Reservation, sought possession of the collateral used to secure a loan on which defendants had defaulted. Basing its jurisdiction on the fact that all transactions at issue "arose upon and were to be performed within" the reservation, the court orders that plaintiff is entitled to recover the collateral but is not entitled to a deficiency judgment in excess of the collateral's value because the bank continued to loan money to the defendants despite knowledge of defendants' "financial disarray."

Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson

University of Arkansas at Little Rock Law Review

No abstract provided.

Federal Question Jurisdiction Over Actions Brought By Aliens Against Foreign States, Michael H. Schubert

Cornell International Law Journal

No abstract provided.

Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.

Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid

William & Mary Law Review

No abstract provided.

Re Campbellton (City Of) And Canadian Union Of Public Employees, Local 76, Innis Christie, H Harvey, D Cochrane

Innis Christie Collection

We are concerned in this interim award with the legal questions of whether this board of arbitration is properly constituted and whether we have jurisdiction to deal with the grievances before us. At this stage we are not concerned with whether or not the dismissal of the grievors by the employer was just and reasonable. Indeed, we do not have before us evidence of the facts on the basis of which any decision on that ultimately important issue will have to be made. The only facts which concern us now are those which are necessary for the legal decision we …

Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish

Northwestern Journal of International Law & Business

In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.

High Seas Narcotics Smuggling And Section 955a Of Title 21: Overextension Of The Protective Principle Of International Jurisdiction, M. Lawrence Noyer

Fordham Law Review

No abstract provided.

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Admiralty Jurisdiction Exists in Products Liability Action although Product is not Unique to Maritime Use

Plaintiff, a shipyard worker who was exposed to asbestos dust and fiber while installing asbestos insulation, contracted asbestosis, an incurable lung disorder, and sued the manufacturer of the asbestos product, Johns-Manville Corporation, alleging negligent failure to warn and breach of warranty.

British Courts have Jurisdiction over British Subjects Committing Offenses aboard a Foreign Ship on the High Seas

Three British subjects were charged in a British court with violating the Criminal Damage Act of 1971 by committing acts of vandalism on a Danish vessel in …

Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto

Fordham Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.