Jurisdiction Commons^™

Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz

Articles

No abstract provided.

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.

One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

Shedding New Light On An Old Debate: A Federal Indian Law Perspective On Congressional Authority To Limit Federal Question Jurisdiction, Kevin J. Worthen

Faculty Scholarship

Examining the ongoing debate concerning congressional power to eliminate federal court jurisdiction over cases arising under federal law from thefederal Indian law viewpoint allows consideration of the issues in a concrete setting. Experience under the Indian Civil Rights Act during the last twenty years indicates that some federal review of actions arising under federal law is needed if the command of the supremacy clause is to be fully effectuated. At the same time, it indicates that a uniform interpretation of that federal law is not essential to the enforcement of the clause. This examination thus provides support for the distributive …

Federal Jurisdiction To Enforce A Settlement After Vacating A Dismissal Order Under Rule 60(B)(6), Alyson M. Weiss

Cardozo Law Review

No abstract provided.

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

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.

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 …

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal stature as …

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.

Introduction To The Symposium "State Courts And Federalism In The 1980'S", John R. Pagan

William & Mary Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest--

Spouse of Injured Seaman May Recover Damages for Loss of Society under Maritime Common Law

Federal District Court Lacks Jurisdiction under 28 U.S.C. § 1350 over Fraud Action Brought by Alien when Claim Fails to Implicate a Treaty or Body of Rules Governing Relations between Foreign States

Jurisdiction under the Foreign Sovereign Immunities Act Requires at Least a Finding of International Shoe "Minimum Contacts"

Appellate Court will not Review the Post-Settlement Appeal of a Pre-Settlement Provisional Remedy without District Court Consideration of the Intervening Events

Foreign States are Subject to Liability for Non-Commercial Torts arising from the Commercial …

The Role Of Comity In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Considerations of comity often require federal courts to defer to state courts when federal issues could be raised in state proceedings. Contexts in which such deference is required include Younger abstention, habeus corpus exhaustion and procedural default, and Pullman and Burford abstention. In this Article, Professor Wells demonstrates that the Supreme Court's opinions fail to make a distinction between cases where comity requires restraint and those where it does not. The Court's motive in invoking comity is not to decrease access to federal courts, but instead to strike a compromise between the individual's interest in a federal forum and the …

Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine

Villanova Law Review (1956 - )

No abstract provided.

Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle

Articles by Maurer Faculty

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis

Publications

No abstract provided.

Federal Court Abstention In Diversity Actions Involving Unsettled State Law: Avoiding Constitutional Adjudication And Interference With State Affairs

Washington and Lee Law Review

No abstract provided.

The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden

Scholarly Works

Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …

Manufacturing Diversity Jurisdiction, Gilbert Newman

Villanova Law Review (1956 - )

No abstract provided.

Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner

Villanova Law Review (1956 - )

No abstract provided.

A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.

Villanova Law Review (1956 - )

No abstract provided.

A View From The Bridge: Some Observations On Amphibious Tort Jurisdiction In Admiralty, Thomas A. Clingan Jr.

Villanova Law Review (1956 - )

No abstract provided.