Jurisdiction Commons^™

Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

50 pages.

The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

18 pages.

Contains references.

In Defense Of Private Rights In Water, Charles J. Meyers

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

4 pages.

Includes unsigned annotations by David Getches.

Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.

This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.

Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

15 pages.

Water Development, Wildlife And Recreation: Panel, Charles W. Howe

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

32 pages.

Contains 5 pages of footnotes and tables and 2 pages of references.

Includes a paper: "Option Value: Empirical Evidence from a Case Study of Recreation and Water Quality" by Douglas A. Greenley, Richard G. Walsh and Robert A. Young. A final version of this paper was published in 96(4) The Quarterly Journal of Economics (1981): 657-673.

The State Competition Debate In Corporate Law, Roberta Romano

Cardozo Law Review

No abstract provided.

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …

The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick

UIC Law Review

No abstract provided.

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 Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN

--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)

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EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE

--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)

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ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …

A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts

Washington and Lee Law Review

No abstract provided.

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.

The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz

Scholarly Works

The Supreme Court's 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960's, when, emboldened by the Supreme court's recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, …

Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith

Buffalo Law Review

No abstract provided.

From Swift To Erie: An Historical Perspective, Gene R. Shreve

Michigan Law Review

A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer

Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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.

Rediscovering The American Origins Of Judicial Review: A Rebuttal To The Views Stated By Currie And Other Schools, 18 J. Marshall L. Rev. 49 (1984), P. Allan Dionisopoulos, Paul Peterson

UIC Law Review

No abstract provided.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

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

Journal Publications

No abstract provided.

Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio

Vanderbilt Journal of Transnational Law

Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)

Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).

Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)

Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine

Cardozo Law Review

No abstract provided.

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …

Blackfeet Tribal Business Council V. East Glacier Water & Sewer Dist., No. 83ca174 (Blkft. Tr. Ct., Nov. 17, 1983) 11 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff Blackfeet Tribal Business Council sought to enjoin the East Glacier Water & Sewer District, a public corporation organized pursuant to state law, composed of both tribal members and nonmembers, and located entirely within the Blackfeet Reservation, from shutting off water and sewer services to certain tribal members. Defendants moved for dismissal, arguing that the tribal court lacks jurisdiction because this case involves non-Indians. Upon reviewing provisions of the tribal constitution and noting the use of tribal forums by nonmembers in suits against members, the court finds that this case involves the health, safety and welfare of both Indian and …

Blackfeet Tribal Business Council V. East Glacier Water & Sewer Dist., No. 83ca174 (Blkft. Tr. Ct., Nov. 17, 1983) 11 Ilr 6021, Blackfeet Tribal Court

Court Decisions

Plaintiff Blackfeet Tribal Business Council sought to enjoin the East Glacier Water & Sewer District, a public corporation organized pursuant to state law, composed of both tribal members and nonmembers, and located entirely within the Blackfeet Reservation, from shutting off water and sewer services to certain tribal members. Defendants moved for dismissal, arguing that the tribal court lacks jurisdiction because this case involves non-Indians. Upon reviewing provisions of the tribal constitution and noting the use of tribal forums by nonmembers in suits against members, the court finds that this case involves the health, safety and welfare of both Indian and …