Law Commons^™

Personal Jurisdiction In Florida: Some Problems And Proposals, Marc Rohr

Nova Law Review

As any well-taught law student knows, two things must generally

be true in order for an American court to render a binding in personam

judgment against a party who does not reside within the borders of the

state in which the court is located:' (1) the party's conduct must fall

within the terms of a statute of that state, universally known as a "long

arm statute," conferring power upon that state's courts to hear cases of

the kind described therein, and (2) the assertion of personal jurisdiction

under the long arm statute must satisfy the "minimum contacts" test

articulated by …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Carrier Who Employs Stevedore under a Long-Term Contract is Vicariously Liable to Cargo Owner for Stevedore's Mishandling of Cargo even after Unloading and Storage

Vessel Owner Denied Duty Remission because of Procedural Failure in Filings with Customs Service

Wife of Harbor Worker Injured Nonfatally in State Territorial Waters May Maintain Action for Loss of Husband's Society

Corporation may Qualify for Tax Treatment as a Western Hemisphere Trade Corporation even though Incidental Purchases are Made Outside the Hemisphere

Importation or Receipt of Goods from the United States Confirmed by Telex to Plaintiff in United States Insufficient Contacts to Establish Personal Jurisdiction …

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White

Cleveland State Law Review

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.

Allstate Insurance Company V. Hague: Abandonment Of Meaningful Constitutional Controls On Choice Of Law, Richard W. Mattson

Kentucky Law Journal

No abstract provided.

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Faculty Publications

No abstract provided.

Recent Developments, Gali Hagel, John R. Heldman

Vanderbilt Journal of Transnational Law

RECENT DEVELOPMENTS

Aliens' Rights--The Refugee Act of 1980 as Response to the 1967 Protocol Relating to the Status of Refugees: The First Test

Gali Hagel

The Refugee Act of 1980, reflecting United States commitments under the 1951 Convention and the 1967 Protocol, went into effect during a wave of immigration that created a state of emergency in strongly affected southern Florida. Under a severe test of its commitment to the terms of the 1967 Protocol and its implicit sense of moral obligation to grant asylum to individuals fleeing dictatorial rule, the United States responded positively in accepting the Cubans. Although …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Summary Judgment In Defamation Actions: A Threat To The Substantive Rights Of Public Figure Plantiffs, Robert Ligansky

Cardozo Law Review

No abstract provided.

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni

Scholarly Works

No abstract provided.

The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman

William & Mary Law Review

No abstract provided.

Fairness Or Federalism In The Supreme Court's Minimum Contact Analysis: World-Wide Volkswagen Corp. V. Woodson

Washington and Lee Law Review

No abstract provided.

Forum Juridicum: The First Two Years After Shaffer V. Heitner, John R. Leathers

Louisiana Law Review

No abstract provided.

The Jurisdictional Scheme On The Public Lands, David E. Engdahl

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

7 pages.

Foreign Sovereign Immunities Act Of 1976: Direct Effects And Minimum Contacts, Terence J. Pell

Cornell International Law Journal

No abstract provided.

Criminal Liability For Complicity In Abortions Committed Outside Ireland, Mark Findlay

Research Collection Yong Pung How School Of Law

The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 or the Offences Against the Person Act 1861. In recent years the most common way for an Irish woman to obtain an abortion has been to leave the Republic and obtain such an operation in Britain, where the restrictions imposed on the medical profession with regard to performing operations are far less onerous. How then would the Irish courts view secondary parties to such extra-territorial activities?

The Bankruptcy Reform Act Of 1978–A Review And Comments, Glenn E. Pasvogel Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Fact Pleading Notice Pleading And Standing, David M. Roberts

Cornell Law Review

No abstract provided.

Constitutional Law - Due Process - State Court Jurisdiction - Quasi In Rem Proceedings, David S. Wise

Duquesne Law Review

The United States Supreme Court has held that a state's assertion of quasi in rem jurisdiction over a nonresident defendant by attachment of the contractual obligation of the defendant's liability insurer, who is licensed to do business in the forum, is unconstitutional absent other contacts between the defendant and the forum.

Rush v. Savchuk, 444 U.S. 320 (1980).

Jurisdiction Of The Court--The Supreme Court Of Canada, Peter W. Hogg

Canada-United States Law Journal

No abstract provided.

Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg

Northwestern Journal of International Law & Business

Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when …

Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling

Maryland Journal of International Law

No abstract provided.

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.

Choice Of Forum Provisions And The Intrastate Dilemma: Is Ouster Ousted?, Patrick J. Barrett

Fordham Law Review

No abstract provided.

Tribal Court Criminal Jurisdiction Over Non-Indians: Testing The Limits Of Retained Sovereignty, Richard A. Samuels

Cornell International Law Journal

No abstract provided.

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review (1956 - )

No abstract provided.

The Jurisdiction Of The Court--The United States Supreme Court, Eugene Gressman

Canada-United States Law Journal

No abstract provided.

A Response From The Author, Robert A. Lefler

South Carolina Law Review

No abstract provided.