Jurisdiction Commons^™

Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald

NYLS Journal of International and Comparative Law

No abstract provided.

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew

Vanderbilt Journal of Transnational Law

When a foreign plaintiff sues a United States-based multinational for damages resulting from an extraterritorial toxic tort, the case should be tried in United States courts. The courts are assured of personal jurisdiction as long as there are sufficient contacts between the foreign subsidiary and the United States. Dismissal on grounds of forum non conveniens is not desirable because the United States has a vested interest in monitoring and even influencing the behavior of multinationals that do business within its borders. The requisite "adequate alternative forum" is simply not available in some countries. In addition, despite their case backload, United …

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Summary Judgment In Defamation Actions: A Threat To The Substantive Rights Of Public Figure Plantiffs, Robert Ligansky

Cardozo Law Review

No abstract provided.

The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350

Washington and Lee Law Review

No abstract provided.

Recent Decisions, James M. Redwine

Vanderbilt Journal of Transnational Law

The instant decision should serve to stimulate discussion on both the theoretical justifications for and the practical implications of jury trials in actions against governmental defendants, and therefore, may lead to revision of the FSIA. From a theoretical perspective, although the instant court correctly noted the changes effected by the Act, it failed to perceive the full extent of Congress' power in the domestic context. Congress, by its ability to classify entities as "agencies" or "instrumentalities" of the United States, thereby exempting specific entities from the non-jury trial provisions of FTCA, has the power, in effect, to restrict the scope …

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

Rules Of Choice Of Law Versus Choice-Of-Law Rules: Judicial Method In Conflicts Torts Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Admiralty Tort Jurisdiction--Tort Claims Not Within Admiralty Jurisdiction Unless Requisite Maritime Nexus Exists

Vanderbilt Law Review

Article Ill of the Constitution' grants exclusive jurisdiction in admiralty to the federal courts. The scope of this jurisdiction over tort claims traditionally has depended upon the situs of the tort whether it occurred on land or on navigable water. Although most American courts have adhered to this strict locality test, it has received frequent criticism as manifested by significant judicial and legislative modifications over the years. Most judicial challenges to the test have focused on its failure to require a connection between the tortious occurrence and the traditional problems of maritime commerce.' A majority of courts ostensibly continued to …

Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck

Washington Law Review

Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …

Admiralty Tort Jurisdiction-Airplane Crashes Into Navigable Waters Within State Territorial Limits

University of Richmond Law Review

The United States Constitution provides that "[t]he judicial power shall extend . . . to all cases of admiralty and maritime jurisdiction. The Congress, in establishing a court system, provided that "the district courts shall have . . . exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction ... saving to suitors, in all cases, the right of a common law remedy...."

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins

Michigan Law Review

A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham

Vanderbilt Law Review

Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.

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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.

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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.

Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch

Michigan Law Review

Plaintiff held a reconfirmed tourist reservation on one of defendant's St. Louis-to-Los Angeles flights. Defendant oversold the flight and subsequently "bumped" the plaintiff from the flight in favor of a first-class passenger who was given plaintiff's accommodations in the tourist section. Defendant's agent booked a reservation for the plaintiff aboard another airline and provided plaintiff with lunch. The only expense incurred by the plaintiff as a result of being removed from defendant's flight was the cost of a telephone call to inform his wife of his new arrival time; and plaintiff was inconvenienced by a delay of four hours on …

Admiralty-Jurisdiction - Statute Extending Admiralty Jurisdiction To Include Amphibious Torts Resulting In Personal Injury, Francis X. Beytagh

Michigan Law Review

Libelant linehandler, injured undocking a vessel, brought a personal injury action against the shipowner. Leave to amend this complaint by naming the city of Los Angeles and a tugboat company as defendants was denied by the federal district court. Libelant then filed suit on the admiralty side of the same district court against the city and the tugboat company on the identical cause of action. In ruling on respondents' exceptions to this libel, held, exceptions overruled. Upon establishing the constitutional validity of the Admiralty Extension Act, jurisdiction pursuant to its provisions can properly be exercised in the instant ship-to-shore …

Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

1. Non-Resident Motorists.-The statute subjecting non-residents to suit in Tennessee for injuries inflicted within the state has been extended by interpretation to non-resident parents who join in their minor child's application for a driver's license.

2. Watercraft.-The principle of the non-resident motorists statutes has been applied to watercraft by a statute entitled "Operation of watercraft in state as appointment of agent for process."

III. Support In Thomas v. Thomas a woman had been granted a divorce in Tennessee and custody of the children of the marriage, with a decree of support for the children against the father but with it …

Abstracts Of Recent Cases, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Soverign Immunity - Suit For Specific Relief Against Federal Officers - United States Not A Necessary Part, Steven P. Davis

Michigan Law Review

Plaintiff, claiming right to possession, brought an ejection action in a Georgia court against both the government officer in possession of the land and the United States. Defendants removed the case to a United States district court and moved for dismissal. The district court granted defendants' motion to dismiss, holding that the court had no jurisdiction over the claim because the suit in substance and effect was against the United States and the United States had neither consented to be sued nor waived its immunity from suit. On appeal to the Court of Appeals for the Fifth Circuit, held, …

Conflict Of Laws - Release In A Tort Action - Effect Of Lex Loci Delicti And Contractus, Stanley A. Williams

Michigan Law Review

Plaintiff, defendant, and a third party were involved in a three-car collision in Virginia. Plaintiff settled an action against the third party's estate by executing a release, entered into in New York, in which plaintiff reserved any claims which he might have against the defendant. He then sued defendant, a resident of Pennsylvania, in a federal district court in Pennsylvania. The lower court, applying Virginia law to determine the effect of a release of one joint tortfeasor, dismissed plaintiff's action. On appeal, held, affirmed. The law of the place of the tort governs the effect of a release, not …

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

Abstracts Of Recent Cases, M. D. W. Jr.

West Virginia Law Review

No abstract provided.

Book Reviews, Fleming James Jr., Kenneth H. York, A. G. Murphy Jr., Stefan A. Riesenfeld, Maynard E. Pirsig, Richard Lloyd Strecker, William P. Murphy, James K. Marshall, Wirt Peters, Phil C. Neal, Edward D. Re, Robert Kingsley, Lehan K. Tunks

Journal of Legal Education

No abstract provided.

Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer

Michigan Law Review

''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …