Jurisdiction Commons^™

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.

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

Martinez, Oliphant And Federal Court Review Of Tribal Activity Under The Indian Civil Rights Act, Robert Laurence

Campbell Law Review

No abstract provided.

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

Discovery In Complex Litigation: The Dilemma Faced By The Judiciary, Brian Havey

Loyola University Chicago Law Journal

No abstract provided.

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.

The Exercise Of Jurisdiction Over And Enforcement Of Judgments Against Alien Defendants, Mary Kay Kane, Ronan E. Degnan

Faculty Scholarship

No abstract provided.

State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

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

Touro Law Review

No abstract provided.

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)

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 …

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 …

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 …

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).

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

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.

Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg

Faculty Scholarship

Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.

Suits against …

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

Articles

No abstract provided.