Jurisdiction Commons^™

Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod

American Indian Law Review

No abstract provided.

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction

Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew

Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness

University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process

Order …

The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages.

Includes footnotes (pages 44 to 47).

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

Younger And Its Progeny: A Variation On The Theme Of Equity, Comity And Federalism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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

Publications

No abstract provided.

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

The Act Of State Doctrine: Alfred Dunhill Of London, Inc. V. Republic Of Cuba, John S. Williams

Vanderbilt Journal of Transnational Law

With its decision in Alfred Dunhill of London, Inc. v. Republic of Cuba, the Supreme Court has, for the third time in twelve years, rendered a significant if not landmark ruling on the act of state doctrine. Before 1964 the Court had not decided a case involving that doctrine for more than twenty years. During that intervening period many questions were raised in the learned writings on the subject, and the controversial decision, Bernstein v. N. V. Nederlandsche-Amerikaansche, etc., was decided by the Second Circuit Court of Appeals in New York.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton

Indiana Law Journal

No abstract provided.

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …

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 …

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler

Indiana Law Journal

No abstract provided.

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Michigan Law Review

Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …

The Maritime Boundaries Of The States, Avrum M. Gross

Michigan Law Review

It has long been recognized that the boundaries of coastal states encompass certain adjoining maritime areas. The settled existence of those boundaries, however, stands in marked contrast to the confusion which has surrounded their location. The geographic extent of the waters to which state jurisdiction extends has remained largely undetermined.

The recent development of refined methods for extracting minerals from offshore areas has translated questions of state jurisdiction into issues of substantial economic significance. In this regard, an increasing number of disputes have arisen between the states and the federal government, primarily over rights to offshore oil deposits. The …

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 …

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …