Jurisdiction Commons^™

Jurisdiction, Myres S. Mcdougal

International Law Studies

No abstract provided.

Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover

American Indian Law Review

No abstract provided.

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.

Status Of Armed Forces Abroad, Wilfred A. Hearn

International Law Studies

No abstract provided.

Recognition Of States And Governments, Brunson Macchesney

International Law Studies

No abstract provided.

Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr

Dalhousie Law Journal

The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …

Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz

Northwestern Journal of International Law & Business

Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …

Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.

Seattle University Law Review

Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …

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

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Thomas L. Raleigh, Iii, Jay W. Mccann

Vanderbilt Journal of Transnational Law

Jurisdiction--Application of Doctrine of Forum Non Conveniens Justified when Defendant Consents to Jurisdiction of a Non-United States Forum

Thomas L. Raleigh, III

Securities Regulation--Extraterritorial Application of Antifraud Provisions--Allegation of Deception of Foreign Fundholders by Foreign Directors Insufficient to Invoke Jurisdiction of the Securities Laws

Jay W. McCann

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker

Vanderbilt Journal of Transnational Law

This Note proposes to examine the nature of United States contacts availed of by foreign defendants, and to determine the impact of Shaffer on the potential assertion of quasi-in-rem jurisdiction based on those contacts. It is instructive to consider quasi-in-rem jurisdiction's relation to four possible scenarios involving a foreign defendant: (1) the foreign defendant who owns real estate in this country; or (2) maintains deposits in United States banks; or (3) invests in securities that are registered locally; or (4) extends credit to United States companies or individuals on a regular basis. This Note ultimately concludes that in light of …

Procedural Due Process In Quasi In Rem Actions After Shaffer V. Heitner, Karen Nelson Moore

William & Mary Law Review

No abstract provided.

Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris

Washington Law Review

In April 1977 a Ninth Circuit panel in Yakima I 5 ruled that R.C.W. ch. 37.12 violates the equal protection clause of the fourteenth amendment. The Supreme Court, in accepting review, has instructed the parties to prepare briefs on both the equal protection challenge and the issue of Washington's compliance with PL-280.17 Several Washington tribes have contended that R.C.W. ch. 37.12 fails to comply with PL-280 because (1) Washington failed to amend its constitution in order to remove a disclaimer of jurisdiction on Indian lands 18 and (2) PL-280 does not permit the assumption of partial jurisdiction by a state. …

Recent Decisions, Lloyd F. Leroy, Shelley B. O'Neill, Thomas E. Settles

Vanderbilt Journal of Transnational Law

Commodity Futures Trading Commission Act of 1974--Commodity Futures Trading Commission Regulating that Restrict Dealers in Foreign Options More Severely than Dealers in Futures Contracts are not Arbitrary or Capricious

Lloyd F. LeRoy

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Customs--Countervailing Duties--Rebates of Nonexcessive Excise Taxes Do Not Constitute a Bounty Subject to Countervailing Duties

Shelley B. O'Neill

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Jurisdiction--Exercise of in REM and Quasi in Rem Jurisdiction Justified only Where International Shoe Minimum Contacts Standard is Satisfied

Thomas E. Settles

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SECURITIES REGULATION--Extraterritorial Application of the Anti-fraud Provisions--Federal Securities Laws Grant Jurisdiction When There is Some Activity in Furtherance of a Fraudulent Scheme Committed Within the …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY LIABILITY LIMITATION IN SHIPPING CONTRACT SUBJECT TO CARRIAGE OF GOODS BY SEA ACT IS NULL AND VOID WHERE CONTRACT PROVIDES SHIPPER No OPPORTUNITY TO DECLARE CARGO'S HIGHER VALUE PRIOR TO SHIPMENT

2. ALIENS' RIGHTS STATE DENIAL OF RESIDENT ALIEN'S APPLICATION FOR MINISTERIAL OFFICE ON SOLE GROUND OF ALIENAGE VIOLATES FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE

3. CUSTOMS DUTIES ACTUAL OWNER OF IMPORTED MERCHANDISE ENTERED BY A CUSTOM-HOUSE BROKER HAS STANDING UNDER 19 U.S.C. § 1514(b)(1) TO PROTEST CLASSIFICATION OF THE MERCHANDISE

4. JURISDICTION AND PROCEDURE QUASI IN REM JURISDICTION OVER FOREIGN CORPORATION CAN BE BASED ON A PRIOR ATTACHMENT …

Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment

Richard F. Cook, Jr.

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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act

Edward Cage Brewer, III

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Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482

Daniel R. Wofsey

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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …

Jurisdiction Over Palestine--An Analysis Of The Conflicting Arab-Israeli Claims Of Legal Title, Peter A. Schuller

Vanderbilt Journal of Transnational Law

The recent controversy over the establishment of Israeli settlements in occupied territory has resurrected a thirty year dispute over territorial sovereignty in the area referred to before 1948 as Palestine...

This note will attempt to analyze the conflicting legal claims to Palestine under a standard likely to be applied by an international judicial tribunal operating in conjunction with or under the auspices of the International Court of Justice. The analysis will be concerned not with the political or quasi-legal claims of the respective parties, examples of which are Israeli historical claims based upon decades of alleged persecution and Arab claims …

The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem

American Indian Law Review

No abstract provided.

Criminal Jurisdiction Over Indian Schools: Chilocco Indian School, An Example Of Jurisdictional Confusion, Noma D. Gurich, R. Steven Haught

American Indian Law Review

No abstract provided.

Jurisdiction: Public Law 280--Local Regulation Of Protected Indian Lands, Louis D. Persons Ii

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.