Jurisdiction Commons^™

An Extraordinary Rule: Rule Xviii, Rules Of Practice In The Supreme Court Of Appeals Of West Virginia, Willard A. Sullivan Jr.

West Virginia Law Review

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.

Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori

Vanderbilt Journal of Transnational Law

ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS

Dennis L. Bryant Lt., US. Coast Guard

=============================

COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES

Kurt H. Decker

==========================

FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …

Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii

Vanderbilt Journal of Transnational Law

The Single Convention on Narcotic Drugs, 1961, constituted a major step toward international acceptance of responsibility for the control of licit and illicit drug traffic. The Single Convention achieved a unified codification4 of existing multilateral treaties in the field' and created the International Narcotics Control Board (INCB), center of illicit traffic...In an effort to carry out the principle of limiting the use of narcotic drugs to medical and scientific purposes, the Narcotics Convention of 1931 required noncontracting parties as well as parties to the Convention to furnish annual advance estimates of narcotics needed for these purposes. These estimates were examined …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

STOWAGE OF CONTAINERIZED CARGO ABOVE-DECK IS NOT AN UNREASONABLE DEVIATION FROM A CLEAN BILL OF LADING UNLESS BELOW-DECK STOWAGE IS ORDINARILY CONTEMPLATED

EMPLOYEE TEMPORARILY ASSIGNED AS CREWMAN IN MOTORBOAT IS NOT A JONES ACT SEAMAN

UNITED STATES CAN CHARGE A BERTHING AGENT'S BOND FOR THE UNCOLLECTED DUTY OF A SHIP WHICH WAS HANDLED AT THE AGENT'S DOCK AND REPAIRED ABROAD

TAX ON NONMUNICIPAL PILOTS DOES NOT MAKE THE USE OF PORT PILOTS COMPULSORY

FREE STANDING ELECTRICAL TRANSFORMER ATTACHED TO SKID DOES NOT CONSTITUTE A PACKAGE WITHIN COGSA

2. ALIEN'S RIGHTS

ALIENS MAY BE EXCLUDED FROM GRAND AND PETIT …

French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

On the 23rd of July 1973, at 9:00 a.m. New Zealand time, members of the crew of the New Zealand vessel, Otago, witnessed a nuclear explosion on one of the islands in the Mururoa atoll. The blast, a small one in the low kiloton range, marked the beginning of the eighth series of French atmospheric nuclear tests, which have been conducted in the Pacific since July 1966 when France moved its nuclear test site from the Reggane Firing Ground in the Sahara. Since that time the French nuclear tests have been a perennial sore spot in the diplomatic relations between …

The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup

Vanderbilt Journal of Transnational Law

This article is not designed as a history of the International Court of Justice, nor as a legal analysis of the way in which the Court functions. Rather, the purpose is to describe the attitude of the United States, i.e., the Department of State, toward the actual use of the Court in a variety of situations, some of which involved important interests of the United States and others of which did not. The concentration in this article is on the jurisdiction of the Court to give advisory opinions, since it is in connection with proposals to request such opinions that …

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

============================

ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

============================

ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

============================

ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

===========================

CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.

Extension Of Ancillary Jurisdiction To Plaintiffs' Claims Against Nondiverse Third-Party Defendants

Washington and Lee Law Review

No abstract provided.

Miller V. Perry: Further Complications In Determining Diversity Jurisdiction

Washington and Lee Law Review

No abstract provided.

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

============================

THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)

The Bremen, Cogsa And The Problem Of Conflicting Interpretation, Charles L. Black, Jr.

Vanderbilt Journal of Transnational Law

All aspects of the important Bremen decision will be explored in these Comments and elsewhere. I propose to present just two ideas, without needless connective verbal tissue between them: I. The Bremen case has nothing to do with the Carriage of Goods by Sea Act (COGSA); both choice-of-forum and choice-of-law clauses should continue to be invalidated in bills of lading subject to that Act. II. The best solution for international conflicts of interpretation as to COGSA (and doubtless as to other statutes based on international conventions) would be an international court of appeals, exercising a discretionary jurisdiction, but empowered to …

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.

Illinois V. City Of Milwaukee: A Welcome Alternative To Snyder V. Harris: An Answer To The Anti-Aggregation Problem Of Class Suits In Federal Courts, Gerald F. Dusing

Kentucky Law Journal

No abstract provided.

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

=================

ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

===============

ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

================

ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

===================

CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

The Bases And Range Of Federal Maritime Law: Indicia Of Maritime Competence, Arthur R. Louv

Vanderbilt Journal of Transnational Law

The Constitution and federal statutes of the United States establish three forms of jurisdiction for the federal judiciary--diversity, federal question, and admiralty and maritime. This scheme of multi-based jurisdiction necessarily raises a fundamental problem in our federal judicial system: the interrelation of these grants of power.

Mr. Justice Story, the author of the opinion in Swift v. Tyson, viewed the grants of diversity, federal question, and maritime competence as complementary, and utilized this concept in an attempt to create a uniform body of federal commercial common law. In "Erie Railroad Company v. Tompkins", however, the Supreme Court rejected the principle …

Statutory Reform In Claims Against Foreign States: The Belman-Lowenfeld Proposal, Richard K.V. Hines, Kurt A. Strasser

Vanderbilt Journal of Transnational Law

The executive branch of the United States Government has indicated recently that it is reexamining its dominant judicatory role in the field of sovereign immunity of foreign states. Studies undertaken in 1966 by the State Department resulted in the preparation of draft legislation on sovereign immunity that the Department has been studying for possible presentation to Congress. The proposed Belman-Lowenfeld legislation would completely remove the State Department from any role in deciding sovereign immunity cases. The proposal itself would subject foreign states to the jurisdiction of United States federal courts for activities carried on or having a direct effect in …

Recent Treaties And Statutes, Arthur R. Louv, Woodard E. Farmer, Jr., Mark R. Von Sternberg

Vanderbilt Journal of Transnational Law

ADMIRALTY--AMENDMENT TO FEDERAL MARITIME LIEN ACT--CHARTERER CONCLUSIVELY PRESUMED TO AUTHORIZE LIENS FOR NECESSARIES AND REPAIRS

Arthur R. Louv

=======================

TERRITORIAL JURISDICTION--MASSACHUSETTS JUDICIAL EXTENSION ACT--STATE LEGISLATURE EXTENDS JURISDICTION OF STATE COURTS TO 200 MILES AT SEA

Woodard E. Farmer, Jr.

========================

TERRITORIAL JURISDICTION--MINING THE DEEP SEA BED--INTERNATIONAL PROBLEMS AND NATIONAL RESOLUTIONS

Mark R. von Sternberg

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

Recent Decisions, Robert M. Erickson, Jack F. Stringham, Ii, Alan Marchisotto, James T. Campbell, Ralph C. Oser, David A. Boillot

Vanderbilt Journal of Transnational Law

ACT OF STATE--Act of State Doctrine Not a Bar to Adjudication of a Counterclaim

Robert M. Erickson

==========================

ADMIRALTY--Ship Mortgage Act of 1920--Deficiency Judgment against Mortgagor in Personam Not Precluded by State Law when Vessels were Sold at Public Foreclosure Auction without Prior Appraisal

Jack F. Stringham, II

===========================

ALIENS--Immigration and Naturalization--Restriction of Commuter Aliens' Access to Domestic Employment by Attorney General is Abuse of Discretion

Alan Marchisotto

=================

EXTRADITION--Principle of Specialty--Specialty does not Preclude Prosecution for Similar Offense when Asylum Nation Would Not Consider it a Breach of Faith

Attorney General of the United States, 462 F.2d 475 (2d …

Aikens V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federal Jurisdiction Under The Civil Rights Act - The Case Against The Personal-Property Rights Distinction, Frank L. Tamulonis

Villanova Law Review (1956 - )

No abstract provided.

Maritime Jurisdiction Over Fishery Resources, Gilbert T. Davis

Vanderbilt Journal of Transnational Law

Economic necessity and recent developments in marine technology have caused man to begin his move into the sea on a grand scale, occupying and exploiting it for recreation, minerals, food, waste disposal, and possible living space. These new technological advances and the increased need for the traditional fishery resources have precipitated the interests of nations in expanding their exclusive jurisdictions further into an ocean space where it had been traditionally free for all to use. Though this move for exclusive jurisdiction is motivated by the uniform desire of all nations to more efficiently utilize and conserve the resources and to …

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 …

The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson

Villanova Law Review (1956 - )

No abstract provided.

Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli

William & Mary Law Review

No abstract provided.

Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction

West Virginia Law Review

No abstract provided.