Jurisdiction Commons^™

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire

University of Arkansas at Little Rock Law Review

No abstract provided.

The Multistate Consumer Class Action: Local Solutions, National Problems, 87 W. Va. L. Rev. 271 (1985), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

The Putative Marriage Doctrine, Christopher L. Blakesley

Scholarly Works

The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …

Diverting The Course Of Colorado River: A Reconciliation Of Seventh Circuit Adaptations, 17 J. Marshall L. Rev. 49 (1984), Michael W. Pinsof, Richard A. Wolfe

UIC Law Review

No abstract provided.

Municipal Standing In Illinois: The Courts Move Toward A Broader Perspective Of Review For Local Land Use Decisions, 17 J. Marshall L. Rev. 145 (1984), Timothy R. Karaskiewicz

UIC Law Review

No abstract provided.

Blue Shield Of Virginia V. Mccready - Defining The Scope And Rationale Of Consumer Standing To Sue Under Clayton Section 4, 17 J. Marshall L. Rev. 195 (1984), A. Joanne Holloway

UIC Law Review

No abstract provided.

Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …

Toward A Constitutional Framework For The Control Of State Court Jurisdiction, Robert H. Abrams

Journal Publications

No abstract provided.

The Leave To Plead As A Waiver Of The Jurisdictional Defenses, J. Patrick Browne

Cleveland State Law Review

Civil Rule 12(B) includes three defenses which challenge in personam jurisdiction. They are the 12(B)(2) defense of lack of jurisdiction over the person, the 12(B)(4) defense of insufficiency of process, and the 12(B)(5) defense of insufficiency of service of process. Not infrequently, the assertion of any one or more of these defenses is haunted by the ghost of the old "special appearance," and that which makes the ghost rattle its chains is often the defendant's taking a leave to move or plead before presenting these defenses to the court. In such case it is usually said that the taking of …

The Federal Preemption Question - A Federal Question - An Analysis Of Federal Jurisdiction Over Supremacy Clause Issues, A. Mark Segreti Jr.

Cleveland State Law Review

This Article focuses on the issue of simplicity and predictability in analyzing federal question jurisdiction and recommends making federal court jurisdiction, in the area of federal preemption, consistent with logic. Federal question jurisdiction should be based on the source of the controlling substantive law. This approach is more logical, and therefore easier to understand. It is also more certain and therefore more predictable since it bases jurisdiction on the more realistic standard of governing law, rather than on speculation as to which party is the aggressor. This Article is not a recommendation to expand federal court jurisdiction; it is a …

Federal Recent Developments

American Indian Law Review

No abstract provided.

Civil Procedure - Federal Courts - Appellate Jurisdiction - Pendent Interlocutory Denial Of Class Certification May Not Be Reviewed With Appealable Interlocutory Order Denying Preliminary Injunction, Charles B. Congdon

Villanova Law Review (1956 - )

No abstract provided.

The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson

BYU Law Review

No abstract provided.

Dejames V. Magnificence Carriers, Inc.: Examining The Limitations On Personal Jurisdiction In Federal Court, 15 J. Marshall L. Rev. 707 (1982), Patrick Loftus

UIC Law Review

No abstract provided.

Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams

Journal Publications

After briefly cataloging the types of federal court cases that raise difficult conceptual issues regarding personal jurisdiction, this article will explore in detail the possible function and content of a uniquely federal concept of personal jurisdiction.

After rejecting functions based on constitutional concern for litigant convenience" and federalism of the Erie R.R. v. Tompkins vein, other roles for the concept will be considered. This exploration will be expanded to consider the functions presently served by limitations on service of process and federal venue and the ability of those doctrines to subsume all useful aspects of the personal jurisdiction inquiry. A …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants

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Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order

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Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act

Acquiring In Personam Jurisdiction In Federal Question Cases: Procedural Frustration Under Federal Rule Of Civil Procedure 4, Marilyn Berger

Faculty Articles

With the adoption of the Federal Rules of Civil Procedure in 1938, Congress finally attempted to provide a uniform standard for exercising personal jurisdiction in federal courts. Despite that attempt, there is currently no uniform method for acquiring personal jurisdiction in federal question cases. A contributing factor to the lack of uniformity is Federal Rule of Civil Procedure 4. This article calls for a uniform personal jurisdiction standard in federal question cases. In so doing, it examines the three ways to acquire personal jurisdiction under Rule 4 and evaluates the adequacy of each method. Because some federal courts rely on …

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.

Studies In Boundary Theory: Three Essays In Adjudication And Politics, Al Katz

Buffalo Law Review

No abstract provided.

Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.

Seattle University Law Review

Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …

Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine

Villanova Law Review (1956 - )

No abstract provided.

Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein

Villanova Law Review (1956 - )

No abstract provided.

State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander

Faculty Publications

During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …

Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman

Buffalo Law Review

No abstract provided.

Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik

Buffalo Law Review

No abstract provided.

Civil Procedure--Concepts Of Personal Jurisdiction Before And After Shaffer V. Heitner, James E. Showen

West Virginia Law Review

No abstract provided.