Courts Commons^™

Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins

Publications

No abstract provided.

Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle

Articles by Maurer Faculty

No abstract provided.

Tribal Sovereignty And The Supreme Court's 1977-1978 Term

BYU Law Review

No abstract provided.

Federal Courts As State Reformers, Paul J. Mishkin

Washington and Lee Law Review

No abstract provided.

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Publications

No abstract provided.

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …

Admiralty Procedure And Jurisdiction After The 1966 Unification, David W. Robertson

Michigan Law Review

From the nation's beginning, the federal district courts have been vested with jurisdiction in cases "of admiralty or maritime jurisdiction." Like its predecessor statute, section 1333 of the present Judicial Code asserts that the jurisdiction is "exclusive of the courts of the states," but the infamous "saving clause" goes on to negate that exclusivity in the bulk of maritime cases by giving the plaintiff the option of maintaining his action in any other court having jurisdiction over it. In "saving clause" cases--that is, cases that could have been brought in federal court under the admiralty jurisdiction, but which were maintained, …

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review (1956 - )

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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.

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

Articles by Maurer Faculty

No abstract provided.

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.

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.