Courts Commons^™

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle

Michigan Law Review

Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …

Arkansas' Judiciary: Its History And Structure, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Powers Of Home Rule Cities In Colorado, Howard C. Klemme

Publications

No abstract provided.

Equity -- 1962 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

I. Specific Performance--Statute of Frauds

II. Recission--Fraud and Mistake

III. New Trial After Judgment at law

IV. Injunction--Perpetration of a Nuisance

V. Recission--Return of Consideration

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg

Michigan Law Review

Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue

Michigan Legal Studies Series

Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …

Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.

Michigan Law Review

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

The Supreme Court And The Decline Of State Power, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

Foreward, William T. Muse

University of Richmond Law Review

The reception accorded the first number of the University of Richmond Law Notes, published last spring, has been most gratifying. It has encouraged the Faculty to prepare this second number, which also is being distributed to all alumni of the Law School through the courtesy of the University of Richmond Law School Association. There has been a modest volume of requests for copies of the first issue from non-alumni members of the bar and from many law libraries.

The Historical Development Of The Kentucky Courts, William E. Bivin

Kentucky Law Journal

No abstract provided.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreward, William T. Muse

University of Richmond Law Review

This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

Supreme Court Day Program, 1955, The Executive Committee On Program For The Observance Of Supreme Court Day

Historic Documents

Program for the 1955 Supreme Court Day commemorating the first sitting of Indiana Supreme Court justices on May 5, 1817. At this time in 1955, two Indiana law alumni, Hon. Harold E. Achor,LL.B.'31, and Hon. George Washington Henley, Jr.,LL.B.'14, were serving on the Indiana Supreme Court.

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.