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Articles 31 - 56 of 56
Full-Text Articles in Jurisdiction
Quest For A Bright Line Personal Jurisdiction Rule In Contract Disputes—Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Paul Eric Clay
Quest For A Bright Line Personal Jurisdiction Rule In Contract Disputes—Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Paul Eric Clay
Washington Law Review
The United States Supreme Court has returned to a personal jurisdiction methodology similar to that used a century ago. Under the traditional nineteenth century doctrine, the Court applied concrete and mechanical rules in jurisdiction disputes. With increased social mobility and technological advancements, however, these rules became inadequate. Responding to the deficiencies of its doctrine, the Supreme Court formulated a flexible test for personal jurisdiction in International Shoe Co. v. Washington. Gradually, the Court's flexible test turned into a vague doctrine, incapable of consistent application by lower courts. The inconsistency caused by the Court's rule also affected businesses that desired predictability …
Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman
Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman
Washington Law Review
This Comment proposes that courts should apply a market analysis to all "stream of commerce" cases. The proper question in such cases is whether the market for the defendant manufacturer's or dealer's products includes the forum state. If so, the defendant should be subject to jurisdiction in the forum state. The Comment begins with a look at the recent history of the doctrine of personal jurisdiction. It then proposes a market analysis approach as an alternative to the rigid unilateral contacts test, and discusses the market analysis approach in the context of several recent consumer-based contact cases. Finally, the Comment …
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Washington Law Review
In 1978 the Supreme Court in Oliphant v. Suquamish Indian Tribe held that the retained sovereignty of Indian tribes over tribal reservations does not include the power to punish non-Indians who commit offenses against tribal law.' Based on a number of facts and premises, the Court concluded that it had been assumed from the beginning that the tribes lack this authority except where expressly recognized or conferred by treaty provision or act of Congress. The Court also relied on the fact that during the formative years few Indian tribes had the governmental structure necessary to comply with Anglo-American requirements of …
Tribal Preemption, Eric R. Biggs
Tribal Preemption, Eric R. Biggs
Washington Law Review
This comment analyzes the sources for the tribal preemption doctrine and the application of the doctrine. Because preemption necessarily involves a conflict between entities which seek to assert jurisdiction over the same subject matter, the general contours of jurisdiction over Indians must first be examined. The comment then discusses the federal preemption doctrine in order to explain more fully the aspects of tribal preemption which rest upon federal preemption. After an examination of how tribal preemption is applied in various settings, the comment will briefly look at the possibilities of partial tribal preemption. Finally, the comment concludes that a two-step …
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Washington Law Review
This comment will examine one of the most critical aspects of the civil jurisdiction issue—tribal jurisdiction to exercise land use planning and zoning control. With such jurisdiction, a tribe may regulate or prohibit the development of reservation lands, and thus exercise a measure of control over the future of its reservation. Without zoning jurisdiction, most tribes would be forced to submit to the judgments of non-Indians about the uses of reservation lands. An introduction to the history and patterns of land ownership on Indian reservations is important to an understanding of the clashes between Indian and non-Indian reservation residents. Equally …
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington Law Review
In April 1977 a Ninth Circuit panel in Yakima I 5 ruled that R.C.W. ch. 37.12 violates the equal protection clause of the fourteenth amendment. The Supreme Court, in accepting review, has instructed the parties to prepare briefs on both the equal protection challenge and the issue of Washington's compliance with PL-280.17 Several Washington tribes have contended that R.C.W. ch. 37.12 fails to comply with PL-280 because (1) Washington failed to amend its constitution in order to remove a disclaimer of jurisdiction on Indian lands 18 and (2) PL-280 does not permit the assumption of partial jurisdiction by a state. …
Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings
Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings
Washington Law Review
A shareholder in Greyhound Corporation, a Delaware corporation, brought a derivative action against corporate officers and directors alleging that certain actions by the defendants in Oregon had caused substantial harm to the corporation. The suit was initiated in a Delaware state court with jurisdiction based only on the statutory presence of property in that state. The defendants contested this attempt to assert quasi in rem jurisdiction on due process and other grounds, but their arguments were rejected by the trial court and the Delaware Supreme Court. The United States Supreme Court reversed. Held: The minimum contacts test developed in International …
Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr.
Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr.
Washington Law Review
This article presents an analysis of choice of law methodologies in terms of their formal and nonformal characteristics. In Part I, formal and nonformal decisionmaking processes are defined, and their benefits and detriments are examined. In Part II, two concrete choice of law problems—the New York experience with host-guest statutes and the policy of validation in contractual and testamentary transactions—are studied to highlight the pitfalls of both formal and nonformal choice of law approaches. In Part III, the shift from formalism to nonformalism in choice of law methodology is analyzed from the perspective of a general theory of judicial shifts …
Long-Arm Jurisdiction And Quasi In Rem Jurisdiction In Washington, Philip A. Trautman
Long-Arm Jurisdiction And Quasi In Rem Jurisdiction In Washington, Philip A. Trautman
Washington Law Review
During the past decade and a half considerable change has occurred on a national basis in the areas of choice of law and judicial jurisdiction. In Washington, while there has been some change in choice of law principles, it has been relatively modest. On the other hand, Washington has been in the forefront of the development of jurisdiction concepts. There has been an unusual amount of significant litigation under the Washington long-arm statute. That litigation and its meaning will constitute the major topic of discussion in this article. In addition, recently there has been an important curtailment of quasi in …
A Jurisdictional Basis Of Nonstatutory Judicial Review In Suits Against Federal Officers—Jurisdictional Amount, The Administrative Procedure Act And Mandamus, Mark William Pennak
A Jurisdictional Basis Of Nonstatutory Judicial Review In Suits Against Federal Officers—Jurisdictional Amount, The Administrative Procedure Act And Mandamus, Mark William Pennak
Washington Law Review
This comment examines the possible sources of subject matter jurisdiction for the federal district courts in nonstatutory judicial review suits. Specifically, the comment will explore the limits of the general federal question jurisdiction provision of 28 U.S.C. § 1331 (Section 1331) and then focus on the mounting confusion and conflict among the circuits as to the jurisdictional nature of the judicial review provisions of the APA. The proper scope of review under the 1962 mandamus statute, 28 U.S.C. § 1361 (Section 1361), will also be scrutinized. The comment concludes that despite the growing acceptance of the APA as an independent …
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
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, …
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Washington Law Review
This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …
Original Jurisidiction—Interstate Water Pollution: Alternatives To The Original Jurisdiction Of The United States Supreme Court—Ohio V. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), Anon
Washington Law Review
Ohio, alleging that foreign corporations were polluting Lake Erie's waters by discharging mercury into tributaries of Lake Erie, sought to invoke the original jurisdiction of the United States Supreme Court by moving for leave to file a bill of complaint. Ohio desired a decree declaring the alleged pollution a public nuisance, granting injunctive relief, ordering removal of the mercury, and requiring payment of damages. The Court denied the motion for leave to file the bill of complaint. Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971).
Public Utilities Regulation—Jurisdiction Of The Federal Power Commission: Factual Determination Of Interstate Power Flow Required. Florida Power & Light Co. V. Fpc, 430 F.2d 1377 (5th Cir. 1970), Cert. Granted, 91 S. Ct. 873 (1971), Anon
Washington Law Review
The Florida Power and Light Company (FPL) generates, transmits, distributes and sells electric energy in the State of Florida. It is the largest electric utility in that state. FPL is directly connected with four other Florida electric systems in a "power pool" arrangement. One of the other systems is connected (in a similar pooling arrangement) to a further system across the state line. FPL has no direct interstate connections. The electric power on all these systems is supplied as alternating current at a frequency of 60 cycles. Frequency control and synchronization are maintained by all the systems. This permits an …
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
Washington Law Review
A proper jurisdictional balance between state and federal court systems has long been a goal of federal statutes granting jurisdiction over patent matters to the federal courts. Prompted by the recent decision of the United States Court of Appeals for the Ninth Circuit in Koratron Co. v. Deering Milliken, Inc., Professor Chisum considers the general problem of the jurisdiction of federal and state courts over cases concerning questions of federal law and then focuses on the specific problem of jurisdiction over cases involving federal patent law. The article begins with a discussion of the history of statutes granting patent jurisdiction …
A New Approach To Jurisdictional Analysis?, Anon
A New Approach To Jurisdictional Analysis?, Anon
Washington Law Review
Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …
A New Approach To Jurisdictional Analysis?, Anon
A New Approach To Jurisdictional Analysis?, Anon
Washington Law Review
Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Washington Law Review
Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated …
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Washington Law Review
Alaska statutory provisions for service of process on foreign corporations have been given long-arm effect. The purchaser of a road scraper sued his vendor, the distributor, for breach of warranty as to the condition of the scraper. The distributor filed a third party complaint against a non-resident manufacturer from which it had ordered and received equipment over the course of several years under an exclusive distribution sales and service agreement for the state of Alaska. Because the manufacturer had no agent in Alaska on whom process could be served, copies of the complaint and summons were delivered by the retailer …
Jurisdiction, Leon Misterek
Jurisdiction, Leon Misterek
Washington Law Review
Covers cases on state jurisdiction over Indian country.
Municipal Corporations, C. David Sheppard
Municipal Corporations, C. David Sheppard
Washington Law Review
Covers cases on the suspension or revocation of a driver's license by police courts.
Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman
Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman
Washington Law Review
The Washington Supreme Court in the recent case of Lansverk v. Studebaker-Packard Corp. held the doctrine of forum non conveniens not to be a part of the law of this state. Probably as good a description of the doctrine as can be found is set forth in the Lansverk case, namely, that although a court in which a transitory action is commenced has jurisdiction to hear and determine it, the court can, nonetheless, in its discretion decline to exercise its jurisdiction and dismiss the action whenever it appears that there is another forum available where trial will best serve the …
Equity, Richard D. Bonesteel
Equity, Richard D. Bonesteel
Washington Law Review
Covers cases on a taxpayer's capacity to maintain actions against state officers and on jurisdiction in declaratory judgments.
The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss
The Exclusive Admiralty Jurisdiction, W. T. Beeks, Gordon W. Moss
Washington Law Review
In Cline v. Price the owners of a minority interest in a fishing vessel, being dissatisfied with the use to which it was being put, brought suit in Superior Court against the majority owners. The action prayed the appointment of a receiver, an accounting, and a partition of the vessel by sale and distribution of the proceeds. A demurrer was sustained by the lower court and affirmed by the Supreme Court. The ground assigned was that the suit, essentially one for partition, was exclusively within the admiralty jurisdiction of the United States, and the state courts have no jurisdiction to …
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
Washington Law Review
In view of the clear acknowledgment by the Supreme Court of the United States that state courts cannot be required to take jurisdiction of actions by the Federal Government for the enforcement of its penal and revenue laws, it seems proper to give further attention to the subject matter of a recent Comment in this Law Review written for the purpose of demonstrating that a state court must take jurisdiction of civil actions for the enforcement by the Federal Government of its penal and revenue laws, unless the jurisdiction of the federal courts is made exclusive by statute.
Jurisdiction Of A Justice Of The Peace, H. C. Force
Jurisdiction Of A Justice Of The Peace, H. C. Force
Washington Law Review
The judgment of a court ot record and of general jurisdiction, acting within the scope of its jurisdiction, is presumed to be valid in all particulars unless the contrary affirmatively appears on the face of the record. But even such a judgment is subject to attack on the ground of lack of jurisdiction. The judgment of a court of limited jurisdiction and not of record enjoys no such presumption, and the jurisdiction of such a court must be affirmatively shown. In this state, a justice court is not, and cannot be made, a court of record, and its jurisdiction is …