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Articles 151 - 160 of 160
Full-Text Articles in Jurisdiction
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
Scholarly Works
The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …
Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez
Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez
LLM Theses and Essays
After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
LLM Theses and Essays
This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.
Why Professor Redish Is Wrong About Abstention, Michael Wells
Why Professor Redish Is Wrong About Abstention, Michael Wells
Scholarly Works
Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …
The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz
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, …
Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen
Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen
LLM Theses and Essays
The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
The Role Of Comity In The Law Of Federal Courts, Michael L. Wells
Scholarly Works
Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …
Current Problems With Venue In Georgia, C. Ronald Ellington
Current Problems With Venue In Georgia, C. Ronald Ellington
Popular Media
Georgia's first constitution, the Constitution of 1777, contained a section providing that "all matters in dispute between contending parties, residing in different counties, shall be tried in the county where the defendant resides, except in cases of real estate, which shall be tried in the county where such real estate lies." The practice of specifying rules of venue in the constitution thus dates from the very beginning of our state and has been repeated and expanded in subsequent constitutional revisions. The Constitution of 1798, for example, added the rule that joint obligors, residing in different counties, may be sued in …
Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack
Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack
Scholarly Works
In the case of Parisi v. Davidson the Supreme Court granted habeas corpus relief to a serviceman who was being court-martialed for disobedience to orders issued after he had been denied administrative discharge on a conscientious objector claim. Professor McCormack analyzes Parisi and uses it as a vehicle to examine the Court's present notions of comity and abstention.
The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden
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 …