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Articles 1 - 21 of 21
Full-Text Articles in Jurisdiction
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Michigan Law Review
This Note asserts that associations merit standing when they seek to litigate collective interests they reasonably claim as theirs. Part I of this Note examines the state of judicial doctrine on associational standing, and illustrates how current doctrine hampers associations by refusing to recognize, and thus protect, interests that fit naturally with those the Supreme Court has regarded as associational. Part II reworks the concept of associational standing by formalizing collective interest and arguing for the association as the appropriate legal representative of such interest. Finally, Part III addresses the separation of powers concerns raised by a reworked concept of …
Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez
Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez
University of Miami Law Review
No abstract provided.
Removal, Remand, And Review In Pendent Claim And Pendent Party Cases, Joan Steinman
Removal, Remand, And Review In Pendent Claim And Pendent Party Cases, Joan Steinman
Vanderbilt Law Review
This Article examines the removability of civil actions that include either pendent claims or pendent parties joined in addition to parties against whom federal questions are alleged. It discusses the remandability of those civil actions or segments of them, and comments on the law governing appellate review of district court remands to state court.' In an effort to reach the wisest resolutions of the various issues posed, it confronts issues of statutory construction, interprets Supreme Court cases, especially Thermtron Products, Inc. v. Hermansdorfer,'and wades in the murky waters of federalism. In the course of this enterprise, the Article analyzes and …
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell
Florida State University 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.
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.
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.
Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei
Overcoming Bank Secrecy: Assistance In Tax Matters In Switzerland On Behalf Of Foreign Criminal Authorities, Lionel Frei
NYLS Journal of International and Comparative Law
No abstract provided.
Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence
Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence
Campbell Law Review
No abstract provided.
Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey
Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey
Loyola University Chicago Law Journal
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Alien Tort Statute Grants Federal Court Subject Matter Jurisdiction Over Foreign Sovereign for Tort Committed in Clear Violation of International Law and Foreign Sovereign Immunities Act is not Exclusive Jurisdictional Grant Over Sovereign-- Amerada Hess Shipping Corp. v. Argentina Republic 830 F.2d 421 (2nd Cir. 1987)
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).
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Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Private Citizens Do Not Have a Cause of Action to Enforce Judgments of the International Court of Justice--Committee of United States Citizens in Nicaragua v. Reagan, 859 F.2d 929 (D.C. Cir. 1988)
The Foreign Sovereign Immunities Act Precludes Domestic Court Jurisdiction Over a Cause of Action Arising Out of Airplane Crash in a Foreign Country When the Airplane Is Owned by an Instrumentality of the Foreign Government -Compania Mexicana de Aviacion v. U.S. Dist. Court, 859 F.2d 1354(9th Cir. 1988).
An Unrecognized Panamanian Regime Lacks Standing to Intervene in an Action Brought by the Recognized Panamanian Government to Enjoin the …
Does The Tax Injunction Act Of 1937 Affect State Court Jurisdiction Over State Tax Challenges Under Section 1983 Of The Civil Rights Act Of 1871?
Washington and Lee Law Review
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power
A Comparison Of Soviet And American Maritime Arbitration, Timothy A. Power
Vanderbilt Journal of Transnational Law
Maritime arbitration has a long history both in the United States, where it dates from the late 19th century, and in the Soviet Union, where the permanent arbitration body known as the Maritime Arbitration Commission (MAC or Commission) has existed since 1930. Although both countries have similar procedures for maritime arbitration, the history, ideology, and commercial goals of each country have created systems that differ markedly in approach and style. The American experience has fostered an ad hoc system where the parties establish arbitration panels as disputes arise and where the parties have almost unlimited discretion in choosing arbitrators and …
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman
Vanderbilt Journal of Transnational Law
Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey
UIC Law Review
No abstract provided.
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.