Law Commons^™

Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence

American Indian Law Review

No abstract provided.

Probating Indian Estates: Conqueror's Court Versus Decedent Intent, Antonina Vaznelis

American Indian Law Review

No abstract provided.

Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits

American Indian Law Review

No abstract provided.

The Law Of The Flag, The Law Of Extradition, The Nato Status Of Forces Agreement, And Their Application To Members Of The United States Army National Guard, Fred W. Beesley, Jr.

Vanderbilt Journal of Transnational Law

With the advent of Project Capstone in 1980, the United States Army adopted a master European war plan which committed virtually every Army National Guard and Army Reserve unit to a large-scale field army for use in the European Theater of Operations. The plan was designed to combat a hypothetical offensive by tank-heavy Warsaw Pact forces through the centuries-old Fulda Gap invasion route in the central region of the Federal Republic of Germany, or through the relatively vulnerable North German Plain.

Actions by Warsaw Pact troops in Poland and Afghanistan increase the likelihood that United States contingency war planning will …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants

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Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order

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Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act

Recent Decisions, Robert C. Goodrich, Jr., Christopher Q. King, Jay D. Grushkin

Vanderbilt Journal of Transnational Law

Recent Decisions

Jurisdiction and Procedure - Forum non Conveniens--The Foreign Plaintiff is Entitled to Less Deference in His Choice of Forum than is a Citizen or Resident Plaintiff; A Change of Law Resulting from Dismissal is Not a Substantial Factor in the Forum non Conveniens Analysis.

Robert Charles Goodrich, Jr.

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ALIENS--Exclusion of Aliens from State Probation Officer Position is not Unconstitutional because it Falls Within the Political Function Exception

Christopher Qualley King

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SOVEREIGN IMMUNITY--Ship Owning Corporation's Contacts with United States are Sufficient to Extend Jurisdiction over Action for Damages involving Maritime Collision: Financial Effect on a United States …

Visitation Rights: Providing Adequate Protection For The Noncustodial Parent, Rhonda L. Fishbein

Cardozo Law Review

No abstract provided.

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations

Washington and Lee Law Review

No abstract provided.

Abstention Under Erisa: Levy V. Lewis

Washington and Lee Law Review

No abstract provided.

Intimations Of Federal Removal Jurisdiction In Labor Cases: The Pleadings Nexus, Michael B. Thornton

Duke Law Journal

No abstract provided.

Practice And Procedure, David G. Traylor Jr.

South Carolina Law Review

No abstract provided.

Jurisdiction Over Persons, Things And Status, Kenneth M. Murchison

Louisiana Law Review

No abstract provided.

Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald

Dalhousie Law Journal

The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …

Maritime Law Judgments In Canada – 1979, William Tetley

Dalhousie Law Journal

As in 1978, the jurisdiction of the Federal Court of Canada was the major problem litigated upon in the Courts or at least the major problem reported in 1979.1 The number of jurisdiction cases was nevertheless less than in 1978 when almost half the reported judgments concerned themselves with whether or not the Federal Court had jurisdiction. The reduction in jurisdiction cases was perhaps due to the approach taken by the Supreme Court of Canada in TropwoodA.G. v. Sivaco2 and the efforts of the Federal Court of Appeal to distinguish Quebec North Shore Paper v. C.P. Ltd. 3 and McNamara …

State Courts And Federalism In The 1980'S: Comment, Robert J. Sheran

William & Mary Law Review

No abstract provided.

Trends In The Relationship Between The Federal And State Courts From The Perspective Of A State Court Judge, Sandra D. O'Connor

William & Mary Law Review

No abstract provided.

The Uses Of Jurisdictional Redundancy: Interest, Ideology, And Innovation, Robert M. Cover

William & Mary Law Review

No abstract provided.

Toward Procedural Parity In Constitutional Litigation, Burt Neuborne

William & Mary Law Review

No abstract provided.

State Courts And Federalism In The 1980'S: Comment, Ruggero J. Aldisert

William & Mary Law Review

No abstract provided.

The Uncertain Nature Of Federal Jurisdiction, Martha A. Field

William & Mary Law Review

No abstract provided.

The State Courts And Federal Constitutional Litigation, Paul M. Bator

William & Mary Law Review

No abstract provided.

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Review

No abstract provided.

Collateral Attack On Subject Matter Jurisdiction: A Critique Of The Restatement (Second) Of Judgments, Karen Nelson Moore

Cornell Law Review

No abstract provided.

Limited Appearances And Issue Preclusion: Resetting The Trap, Ernest L. Schmider

Cornell Law Review

No abstract provided.

Res Judicata Implications Of Pendent Jurisdiction, Mark Jay Altschuler

Cornell Law Review

No abstract provided.

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …

The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart

Northwestern Journal of International Law & Business

The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …

The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.

Fordham Law Review

No abstract provided.

Interstate Jurisdictional Compacts: A New Theory Of Personal Jurisdiction, Mark C. Smith

Fordham Law Review

No abstract provided.