Courts Commons^™

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis

Publications

No abstract provided.

Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan

Vanderbilt Journal of Transnational Law

The Court of Justice of the European Communities is the final adjudicatory body for questions arising under the three Community treaties--the European Economic Community Treaty (EEC), the European Coal and Steel Community Treaty (ECSC), and the European Atomic Energy Community Treaty (EUR-ATOM). Since none of the treaties confers upon the Court the power to adjudicate questions involving the domestic laws of Member States, the Court's jurisdiction extends only to interpretation of Community law. Basically, the jurisdiction of the Court can be divided into the following subject areas: actions against Member States, actions against Community institutions, claims for damages against the …

An Extraordinary Rule: Rule Xviii, Rules Of Practice In The Supreme Court Of Appeals Of West Virginia, Willard A. Sullivan Jr.

West Virginia Law Review

No abstract provided.

Federal Court Abstention In Diversity Actions Involving Unsettled State Law: Avoiding Constitutional Adjudication And Interference With State Affairs

Washington and Lee Law Review

No abstract provided.

Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg

Cornell Law Faculty Publications

Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …

0083: Cabell County [West Virginia] Court Records, 1809-1866, Marshall University Special Collections

Guides to Manuscript Collections

Abstracts and indices for county records for Cabell County, Virginia and County County, West Virginia compiled by Rudenz S. Douthat, city clerk, in 1932. Records include those for marriage, court minutes and records, and supervisors’ records.

Accession 0443, “Marriage Records, Cabell County West Virginia, 1809-1860” compiled by the Daughters of the American Revolution, was merged with this collection.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel

Articles & Book Chapters

This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.

The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden

Scholarly Works

Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …

Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review

Michigan Law Review

This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …

Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction

West Virginia Law Review

No abstract provided.

Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts

West Virginia Law Review

No abstract provided.

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.

Manufacturing Diversity Jurisdiction, Gilbert Newman

Villanova Law Review (1956 - )

No abstract provided.

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler

Indiana Law Journal

No abstract provided.

Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.

University of Michigan Journal of Law Reform

There are four purposes of this article: First, to expose more fully the nature and dimensions of the difficult problem of determining whether a particular rule is "substantive" or "procedural"; Second, to discuss the various judicial attempts to solve it; Third, to show the shortcomings of those attempts, as manifested in both established doctrine and current federal judicial opinions; and, Fourth, to propose some solutions. It should be made clear that we are involved here with a question of allocating power within our federal union. Diversity characterization functions as an unintended device allocating power between state …

The Waiver Of Juvenile Court Jurisdiction: Kent Revisited, F. Thomas Schornhorst

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Federal Courts--The Scope Of Pendent Jurisdiction, Daniel L. Schofield

West Virginia Law Review

No abstract provided.

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Michigan Law Review

Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …