Jurisdiction Commons^™

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 …

Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing

Articles

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

The Bankruptcy Dynamics Of Collective Bargaining Agreements, 19 J. Marshall L. Rev. 301 (1986), Richard L. Merrick

UIC Law Review

No abstract provided.

The Act Of State Doctrine And Allied Bank, M. Erin Kelly

Villanova Law Review (1956 - )

No abstract provided.

Sovereign Immunity-Immovable Property Exception Of The Foreign Sovereign Immunities Act Of 1976 (Asociacion De Reclamantes V. United Mexican States), Frank A. Oswald

NYLS Journal of International and Comparative Law

No abstract provided.

Diplomatic Immunity-Open-Door Policy To Espionage Activity Avoided (United States V. Kostadinov- United States V. Kostadinov), Blanche G. Lark

NYLS Journal of International and Comparative Law

No abstract provided.

Sovereign Immunity-An Analysis Of The Noncommercial Tort Ex- Ception Of The Foreign Sovereign Immunities Act Of 1976 (Olsen Ex Rel. Sheldon V. Government Of Mexico), Michael A. Miranda

NYLS Journal of International and Comparative Law

No abstract provided.

Mendaro V. The World Bank, Megha Bhouraska

NYLS Journal of International and Comparative Law

No abstract provided.

Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse

Campbell Law Review

No abstract provided.

Burger King Corporation V. Rudzewicz: The Minimum Contacts Test Meets The Modern-Day Franchise Agreement, 20 J. Marshall L. Rev. 169 (1986), Valerie Ann Hall

UIC Law Review

No abstract provided.

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt

Touro Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers

Kentucky Law Journal

No abstract provided.

An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley

Scholarly Works

The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

United States-Based Multinational Corporations Should Be Tried In The United States For Their Extraterritorial Toxic Torts, Dianna B. Shew

Vanderbilt Journal of Transnational Law

When a foreign plaintiff sues a United States-based multinational for damages resulting from an extraterritorial toxic tort, the case should be tried in United States courts. The courts are assured of personal jurisdiction as long as there are sufficient contacts between the foreign subsidiary and the United States. Dismissal on grounds of forum non conveniens is not desirable because the United States has a vested interest in monitoring and even influencing the behavior of multinationals that do business within its borders. The requisite "adequate alternative forum" is simply not available in some countries. In addition, despite their case backload, United …

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN

--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)

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EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE

--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)

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ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …

Book Note, Covey T. Oliver

Vanderbilt Journal of Transnational Law

Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.

Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss

Vanderbilt Journal of Transnational Law

Passage of the FSIA in 1976 codified the restrictive theory of sovereign immunity, which provides that a foreign state will re-main immune from suit for its public acts but will lose immunity for its private and commercial acts. By placing the determination of a foreign government's immunity in the hands of the judiciary, Congress attempted to standardize an area of the law that had been governed by political relations between the United States and foreign governments.

The FSIA is the exclusive mechanism through which private parties can seek redress against foreign governments in United States courts. The Act provides a …

Case Comment, Laura F. Howard

Vanderbilt Journal of Transnational Law

SCOPE OF REVIEW IN EXTRADITION PROCEEDINGS: The Government Cannot Appeal A Denial of Extradition Request Based on the Declaratory Judgment Act --United States v. Doherty, 786 F.2d 491 (2d Cir. 1986).

BANKRUPTCY--Section 304 Of The Bankruptcy Code Is Not An Exclusive Remedy In A Nonbankruptcy Court, Cunard Steamship Co.Ltd. v. Salen Reefer Serv. A.B., 773 F.2d 452 (2d Cir. 1985).

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine and Foreign Sovereign Immunities Act Do Not Necessarily insulate a Foreign Government from Civil Liability for the Assassination of a Person on United States Soil - Liu v. Republic of China, slip op. No. 85-7461 (N.D. Cal. Aug. 11, 1986)

Political Offense Exception does not Apply to Bar Extradition if Offenses are Committed Where no Uprising Exists--Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986).

United States Courts have no Authority to Enforce Foreign Judgments when the Request for Judicial Assistance is made via Letters Rogatory Filed Directly in the Court, In Re Civil Rogatory Letters …

Sovereign Immunity In Perspective, Stefan A. Riesenfeld

Vanderbilt Journal of Transnational Law

The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson's celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions.

Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the …

Foreign Sovereign Immunity In The United States Courts 1976-1986, Mark B. Feldman

Vanderbilt Journal of Transnational Law

In principle, the Reagan Administration should support measures that strengthen the international trading system and that help secure United States investment abroad, as such measures encourage the flows of capital, technology and know-how from the private sector, which the Administration recognizes to be essential to successful economic development in the Third World. However, the responsible attorneys in the State Department and the Justice Department are particularly sensitive to the reactions of foreign governments and to the interests of United States agencies as potential defendants in foreign courts.

The Executive finally defined its position in hearings in the House of Representatives …

The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg

Villanova Law Review (1956 - )

No abstract provided.

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.