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Articles 211 - 230 of 230
Full-Text Articles in Jurisdiction
Taking Bureaucracy Seriously, Henry Paul Monaghan
Taking Bureaucracy Seriously, Henry Paul Monaghan
Faculty Scholarship
The Federal Courts: Crisis and Reform can be viewed as not one but two "books." "Book I" (pp. 1-192), which reflects Judge Posner's well-known commitment to the interplay of law and economics, adds to the literature on the explosive and unremitting growth of litigation in the inferior federal courts during the last quarter-century. Noting this situation with alarm, Judge Posner seeks to identify the dimensions of the "crisis," to evaluate some current proposals for reform, and to advance some of his own. “Book II” (pp. 192-340) is quite different. Considerably less reliant upon law and economics, it addresses the substance …
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Federal Jurisdiction Over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann
Federal Jurisdiction Over Preemption Claims: A Post-Franchise Tax Board Analysis, Ronald J. Mann
Faculty Scholarship
As Congress uses the commerce power to regulate areas of the economy previously controlled by the states, federal statutes conflict with state law with increasing frequency. When such conflicts occur, federal law "preempts" the state law under the supremacy clause of the United States Constitution. Litigants who foresee a preemption issue often seek a declaratory judgment of preemption or nonpreemption in order to clarify their rights and duties. This Note addresses the scope of federal question jurisdiction over declaratory judgment actions in which preemption is the only federal question raised.
Suing Foreign Sovereigns: A Procedural Compass, Mary Kay Kane
Suing Foreign Sovereigns: A Procedural Compass, Mary Kay Kane
Faculty Scholarship
No abstract provided.
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
Faculty Scholarship
No abstract provided.
On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski
On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson
The Use Of Social Science Data In A Change Of Venue Application: A Case Study, Neil Vidmar, John W. T. Judson
Faculty Scholarship
This article describes how social science data and professional testimony were used to assist judicial decision-making in an application to have a criminal fraud trial moved from Middlesex County, Ontario, because of prejudicial attitudes extant in the community. Typically, in such applications, tenuous documentation of pre-trial publicity and perhaps some unsubstantiated "opinion" testimony by persons purportedly in touch with the pulse of the community are the only evidence introduced . The presiding judge is required to consider this circumstantial, indirect, evidence and draw a conclusion about the level and extent of public prejudice as the merits of the application are …
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Faculty Scholarship
No abstract provided.
Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Faculty Scholarship
"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
Faculty Scholarship
No abstract provided.
Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane
Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane
Faculty Scholarship
No abstract provided.
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
The Division Of Legal Labor In Rural Haiti, Pnina Lahav
Faculty Scholarship
This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Faculty Scholarship
No abstract provided.
To Where Does One Attach The Horses?, Aaron Twerski
To Where Does One Attach The Horses?, Aaron Twerski
Faculty Scholarship
No abstract provided.
A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski
A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski
Faculty Scholarship
No abstract provided.
A General Theory Of State-Court Jurisdiction, Geoffrey C. Hazard Jr.
A General Theory Of State-Court Jurisdiction, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Faculty Scholarship
Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …