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Articles 31 - 60 of 68
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
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
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
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
BYU Law Review
No abstract provided.
The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd
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
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
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
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
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
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
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
Rationalizing Removal, Charles Rothfeld
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
BYU Law Review
No abstract provided.
Diversity Jurisdiction, Larry Kramer
Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen
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
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
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
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
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
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
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
BYU Law Review
No abstract provided.
Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray
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
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
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.
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
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
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
Exclusive Original Jurisdiction Of The United States Supreme Court: Does It Still Exist?, Julie Vick Stevenson
BYU Law Review
No abstract provided.