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Jurisdiction Commons™

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1998

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Institution
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Articles 31 - 51 of 51

Full-Text Articles in Jurisdiction

Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf Jan 1998

Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Teaching Supplemental Jurisdiction, Stephen C. Yeazell Jan 1998

Teaching Supplemental Jurisdiction, Stephen C. Yeazell

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake Jan 1998

Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake

Cleveland State Law Review

This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …


United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram Jan 1998

United States V. Tucker: Should Independent Counsels Investigate And Prosecute Ordinary Citizens?, Hanly A. Ingram

Kentucky Law Journal

No abstract provided.


Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley Jan 1998

Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo Jan 1998

Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo

Richmond Journal of Law & Technology

Almost everyone, it sometimes seems, is "working on a Web site." The Internet, a seamless web of communication, has broken down barriers of distance and time among people. At the same time it has made increasingly porous the conventional boundaries between the tangible and the abstract. Many business entities have created their own World Wide Web pages on the Internet, in order to deliver their advertising messages instantaneously to potential customers anywhere in the world. Increasingly, lawsuits are being filed against these businesses engaged in electronic commerce.


Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner Jan 1998

Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner

Richmond Journal of Law & Technology

Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.


Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille Jan 1998

Personal Jurisdiction And The Internet--Proposed Limits On State Jurisdiction Over Data Communications In Tort Cases, David Wille

Kentucky Law Journal

No abstract provided.


Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel Jan 1998

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …


Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley Jan 1998

Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley

Scholarly Works

Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …


La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley Jan 1998

La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley

Scholarly Works

A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …


Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya Jan 1998

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Washington and Lee Law Review

No abstract provided.


The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell Jan 1998

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell

LLM Theses

This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …


An Alternative And Discretionary § 1367, Edward H. Cooper Jan 1998

An Alternative And Discretionary § 1367, Edward H. Cooper

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Secret Testimony And Public Trials In New York, Randolph N. Jonakait Jan 1998

Secret Testimony And Public Trials In New York, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder Jan 1998

Comparative Law In Action: Promissory Estoppel, The Civil Law, And The Mixed Jurisdiction, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy Jan 1998

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.


Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya Jan 1998

Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted Jan 1998

An Effective Smoke Screen? - The Muscogee (Creek) Nation's Civil Complaint Against Big Time Tobacco And The Battle Of Subject Matter Jurisdiction, Shelly Grunsted

American Indian Law Review

No abstract provided.


Cases Jan 1998

Cases

American Indian Law Review

No abstract provided.


An Alternative And Discretionary § 1367 (Symposium: A Reappraisal Of The Supplemental Jurisdiction Statute, Title 28 U.S.C. 1367), Edward H. Cooper Jan 1998

An Alternative And Discretionary § 1367 (Symposium: A Reappraisal Of The Supplemental Jurisdiction Statute, Title 28 U.S.C. 1367), Edward H. Cooper

Articles

Supplemental jurisdiction is a concept too complex to be captured by complicated statutory drafting. That is my proposition. Or, somewhat more accurately, that is my tentative proposition, advanced for consideration alongside the elegant but intricate statutory proposals emerging from the American Law Institute's Federal Judicial Code Revision Project. Professor John Oakley, the Reporter, knows more about supplemental jurisdiction, and has thought more deeply about it, than anyone. He has traveled many roads in continually refining proposed revisions of 28 U.S.C. § 1367. If anyone can capture all the nuances of supplemental jurisdiction in a statute, it is he, assisted by …