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Full-Text Articles in Jurisdiction

Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth May 1996

Who Will Control The Future Of Indian Gaming? "A Few Pages Of History Are Worth A Volume Of Logic", Kevin J. Worthen, Wayne R. Farnsworth

BYU Law Review

This Article attempts to place the current controversy concerning reservation gaming into perspective by viewing it not solely as a 1990s battle over casinos in IndianCountry, but as the latest round in a much longer and larger struggle among the federal, state and tribal governments over the States' role in governing Native American groups within state borders. The Article argues that federal-state relations on non-Indian issues often shape federal Indian policy more than a thoughtful consideration of the proper balance between state economic and tribal autonomy issues. What may begin as a dispute about tribal-state relations on a particular matter, …


Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton Mar 1996

Shanaghan V. Cahill: Supplementing Supplemental Jurisdiction, Amanda Dalton

BYU Law Review

No abstract provided.


The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey Nov 1995

The Discretionary Exercise Of Supplemental Jurisdiction Under The Supplemental Jurisdiction Statute, Jon D. Corey

BYU Law Review

No abstract provided.


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 Sep 1995

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.


The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd Sep 1995

The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd

BYU Law Review

No abstract provided.


Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black Sep 1995

Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black

BYU Law Review

No abstract provided.


Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby Nov 1992

Congress Stopped Short In Amending The Law Of Venue In Patent Infringement Cases: Ve Holding Corp. V. Johnson Gas Appliance Co., Darin J. Gibby

BYU Law Review

No abstract provided.


State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams Nov 1992

State V. Perank: Is The Uintah-Ouray Reservation ''Nailed Down Upon The Border"?, David R. Williams

BYU Law Review

No abstract provided.


International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen Mar 1992

International Extradition: Issues Arising Under The Dual Criminality Requirement, Jonathan O. Hafen

BYU Law Review

No abstract provided.


Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve May 1991

Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve

BYU Law Review

No abstract provided.


To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler May 1990

To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler

Brigham Young University Journal of Public Law

No abstract provided.


Jurisdiction Over Civil Tax Cases, Larry Kramer Mar 1990

Jurisdiction Over Civil Tax Cases, Larry Kramer

BYU Law Review

No abstract provided.


Rationalizing Removal, Charles Rothfeld Mar 1990

Rationalizing Removal, Charles Rothfeld

BYU Law Review

No abstract provided.


The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler Mar 1990

The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler

BYU Law Review

No abstract provided.


Diversity Jurisdiction, Larry Kramer Mar 1990

Diversity Jurisdiction, Larry Kramer

BYU Law Review

No abstract provided.


Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen Jan 1990

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …


Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau Mar 1988

Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau

BYU Law Review

No abstract provided.


Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen Mar 1988

Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen

BYU Law Review

No abstract provided.


Fslic Claims Exclusive Jurisdiction To Adjudicate Claims Against Assets It Holds As Receiver: Is It Proper?, Dan H. Matthews Mar 1988

Fslic Claims Exclusive Jurisdiction To Adjudicate Claims Against Assets It Holds As Receiver: Is It Proper?, Dan H. Matthews

BYU Law Review

No abstract provided.


In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks Mar 1988

In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks

BYU Law Review

No abstract provided.


Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz Nov 1986

Reflections On A Landmark: Shaffer V. Heitner Viewed From A Distance, Earl M. Maltz

BYU Law Review

No abstract provided.


Minimum Contacts In Single Contract Cases: Burger King Has Its Way, Ducan E. Barber May 1986

Minimum Contacts In Single Contract Cases: Burger King Has Its Way, Ducan E. Barber

BYU Law Review

No abstract provided.


Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron Sep 1985

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron

BYU Law Review

No abstract provided.


Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray May 1985

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

BYU Law Review

No abstract provided.


State Declaratory Judgment Actions "Arising Under" Federal Law: Franchise Tax Board V. Construction Laborers Vacation Trust, Steven Chidester May 1984

State Declaratory Judgment Actions "Arising Under" Federal Law: Franchise Tax Board V. Construction Laborers Vacation Trust, Steven Chidester

BYU Law Review

No abstract provided.


An Assessment Of State And Federal Jurisdiction To Regulate Access Charges After The At&T Divestiture, Jeffery A. Robinson May 1983

An Assessment Of State And Federal Jurisdiction To Regulate Access Charges After The At&T Divestiture, Jeffery A. Robinson

BYU Law Review

No abstract provided.


Jurisdiction Over The Travel Industry: A Proposal To End It's Preferential Treatment, William J. Knudsen Jr. Mar 1983

Jurisdiction Over The Travel Industry: A Proposal To End It's Preferential Treatment, William J. Knudsen Jr.

BYU Law Review

No abstract provided.


Justice O'Connor: A First Term Appraisal, Robert E. Riggs Mar 1983

Justice O'Connor: A First Term Appraisal, Robert E. Riggs

BYU Law Review

No abstract provided.


Cooperative Federalism For The Coastal Zone And The Outer Continental Shelf: A Legislative Proposal, Michele Mitchell Mar 1983

Cooperative Federalism For The Coastal Zone And The Outer Continental Shelf: A Legislative Proposal, Michele Mitchell

BYU Law Review

No abstract provided.


Exclusive Original Jurisdiction Of The United States Supreme Court: Does It Still Exist?, Julie Vick Stevenson Sep 1982

Exclusive Original Jurisdiction Of The United States Supreme Court: Does It Still Exist?, Julie Vick Stevenson

BYU Law Review

No abstract provided.