Jurisdiction Commons^™

1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Revisiting The Policy Case For Supplemental Jurisdiction, Robert G. Bone

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Supplemental Jurisdiction-Take It To The Limit!, Howard P. Fink

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William A. Fletcher

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Teaching Supplemental Jurisdiction, Stephen C. Yeazell

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner

Richmond Journal of Law & Technology

Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Washington and Lee Law Review

No abstract provided.

An Alternative And Discretionary § 1367, Edward H. Cooper

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.

Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C sec. 1387.

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

Simplifying The Choice Of Forum: A Reply, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

We have three things to think about here, as the real estate agents say—“location, location, location.” Accordingly, the two of us have engaged for several years in empirical studies aimed at gauging the effect of forum on case outcome. The results to date strongly suggest that forum really matters. An early piece of the puzzle fell into place in our study of venue. In that article, we examined the benefits and costs of the federal courts scheme of transfer of civil venue “in the interest of justice.” Ours was a pretty straightforward and simple cost-benefit analysis, but we supported it …

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.

Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …

What's Wrong With This Picture?: Rule Interpleader, The Anti-Injunction Act, In Personam Jurisdiction, And M.C. Escher, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

The effectiveness of interpleader depends upon the availability of injunctions against other proceedings. There is no congressional authorization of such injunctions for rule interpleader cases. If interpleader were an in rem action, one of the other exceptions to the Anti-Injunction Act might save the day, but the Supreme Court has apparently foreclosed that option. This article examines that three-sided conflict. Part II discusses the problem in greater depth, focusing first on how interpleader functions and why it depends on being “the only game in town.” Part II next addresses the background and interpretation of the Anti-Injunction Act, exploring particularly the …

Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn

Seattle University Law Review

In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Faculty Publications

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

The decline of the nation state is, of course, the premise …

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

The December 1993 Amendments To The Federal Rules Of Civil Procedure--A Critical Analysis, Leslie M. Kelleher

Touro Law Review

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper

Articles

The Uniform Transfer of Litigation Act (UTLA) was undertaken for purposes simpler than the mass consolidation of multiparty, multiforum litigation. It seeks to create an effective tool that can be used to reduce some of the artificial barriers that tradition has erected around the sovereign separateness of the many different court systems in this country. The fact of separate sovereignty must be recognized, however, and to this end consent of both transferring and receiving courts is required. Within the consent requirement, transfer from the court system of one sovereign to the court system of another can improve on present practices …

Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney

Washington and Lee Law Review

No abstract provided.

A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger

UIC Law Review

No abstract provided.

Starting Down The Road To Reform: Kentucky's New Long-Arm Statute For Family Obligations, Louise Everett Graham

Law Faculty Scholarly Articles

Kentucky has long needed a comprehensive family law provision for its long-arm statute. Before the general long-arm statute was amended by the 1992 General Assembly, it addressed only a narrow class of paternity cases among its specific jurisdictional provisions, ignoring the need for long-arm jurisdiction in other domestic relations cases. A second long-arm statute provided jurisdiction over some nonresidents to establish or enforce child support obligations. In the contexts of divorce and child support, Kentucky's failure to claim constitutionally available jurisdiction deprived Kentucky residents of important protection.

Recent amendments to Kentucky statutes fill previous gaps and expand Kentucky's jurisdiction in …