Jurisdiction Commons^™

Due Process--Jurisdiction--Corporate Amenability To Substitute Service Of Process, Sterl Franklin Shinaberry

West Virginia Law Review

No abstract provided.

Conflict Of Laws And Minimum Jurisdictional Contacts

Washington and Lee Law Review

No abstract provided.

Labor Law--Jurisdiction Of Nlrb--Dollar Yardstick Of Nlrb And The "Affecting Commerce" Test, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Equity -- 1961 Tennessee Survey (Ii), T. A. Smedley

Vanderbilt Law Review

During the current survey period, each of the higher Tennessee courts has been called upon to exercise its injunctive powers in significant and perplexing types of controversies. The court of appeals for the western section had to decide whether to take the risk of interfering in a bitter dispute between opposing factions of a church which had been torn by interfraternal strife for several years. In the middle section court of appeals an injunction was sought to restrain a store owner from operating his business under the name of a former manager of the store who had left this position …

Conflict Of Laws -- 1961 Tennessee Survey (Ii), Elliott E. Cheatham

Vanderbilt Law Review

Jurisdiction of courts over foreign corporations is a developing subject. Almost all aspects of it are touched on by decision or discussion in two cases in different courts and under different statutes; one case was in the Supreme Court of Tennessee, the other in the United States district court.

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Tucker v. International Salt Co. was an action in a state court in contract and quasi-contract against a Pennsylvania corporation.

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Shuler v. Wood was an action in tort in the United States District Court for the Eastern District of Tennessee against two Pennsylvania corporations.

Erie V. Tompkins And Federal Determinants Of Place Of Trial

Indiana Law Journal

STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:

The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdiction and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.

This second note analyzes the dichotomy between the concept of federal diversity …

Federal Venue And The Corporate Plaintiff

Indiana Law Journal

STUDENT SYMPOSIUM ON JURISDICTION AND VENUE:

The place of trial of an action has great significance at all stages of litigation, from service of process through execution of the judgment. In this symposium, the writers examine and criticize developments in the determinants of place of trial-jurisdictioi and venue-in state and federal courts. The three notes are directed to differing aspects, pointing out differences in policy as regards the treatment of corporations and individuals and even differences in policy between federal and state courts in the treatment of corporations.

In this last note the plight of the corporate plaintiff in federal …

Civil Procedure - Nonresident Motorist Statutes - Extent To Which Jurisdiction May Be Acquired, Edwin W. Scott, Michael R. Bradley

Villanova Law Review (1956 - )

No abstract provided.

The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington

Articles by Maurer Faculty

Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …

State Versus Federal Jurisdiction And Control Over Admission And Discipline Of Attorneys, Esdel Beane Yost

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Book Review Of Federal Jurisdiction And Procedure, Michael D. Alembik

William & Mary Law Review

No abstract provided.

Conflict Of Laws -- 1961 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

1. Non-Resident Motorists.-The statute subjecting non-residents to suit in Tennessee for injuries inflicted within the state has been extended by interpretation to non-resident parents who join in their minor child's application for a driver's license.

2. Watercraft.-The principle of the non-resident motorists statutes has been applied to watercraft by a statute entitled "Operation of watercraft in state as appointment of agent for process."

III. Support In Thomas v. Thomas a woman had been granted a divorce in Tennessee and custody of the children of the marriage, with a decree of support for the children against the father but with it …

Res Judicata And Jurisdiction Over The Subject Matter

Washington and Lee Law Review

No abstract provided.

Abstracts Of Recent Cases, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

The Objective And Function Of The Complaint: Common Law -- Codes -- Federal Rules, Fleming James, Jr.

Vanderbilt Law Review

Before a court can properly decide a case and enter judgment, certain things must have taken place. The court must have obtained jurisdiction over the parties and over the controversy to be decided.'Limits must be set to the controversy so that the court and the parties may know how to direct their efforts, and so that the court may rule on questions of relevancy. The issues of fact and of law must be framed so that each is allocated to the appropriate tribunal for decision and is presented clearly enough so that the tribunal knows what to decide. The adversary …

Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.

Vanderbilt Law Review

A great deal has been written about the personal jurisdiction of state courts and particularly about the applicable due process requirements.' Much less has been contributed by commentators on the subject of due process requirements applying to in personam jurisdiction of a United States district court. Perhaps the reason is the difficulty of finding a rationale in the pertinent decisions. These fail to distinguish between the conditions necessary for valid service of federal court process as contrasted with those essential to the proper service of state process. They also fail to explain why the constitutional provision brings about the result …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bankruptcy--Assets--Trustee's Rights Under 70(c) Ascertained at Date of Bankruptcy Rather than Anterior Point of Time

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Contempt--Publisher Not in Contempt for Newspaper Articles Which He reasonably did not believe would interfere with Trial

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Federal Procedure--Erie Doctrine--Impeachment Evidence not Outcome--Determinative

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Jurisdiction--Federal Death on High Seas Act Grants Exclusive Jurisdiction to Federal Courts

Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Jurisdiction Of National Labor Relations Board - Picketing Of Foreign Owned And Manned Vessels Is Arguably Subject To Jurisdiction Of Nlrb, Thomas A. Hogan

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Federal Jurisidiction - Federal Test Of Doing Business Determines Corporate Amenability To Service Of Process In Federal Cause Of Action, William F. Coyle

Villanova Law Review (1956 - )

No abstract provided.

The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel

Vanderbilt Law Review

With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Contracts -- 1959 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

The distinction between an implied contract (implied in fact) and a quasi contract (implied in law) was presented in a somewhat unusual fashion in the federal case of Holbert v. United States decided by the District Court for the Eastern District of Tennessee. Whether or not a federal district court had jurisdiction over plaintiff's case turned on whether the claim was based on implied contract or on quasi contract.

One of the grounds on which the Tucker Act confers jurisdiction on federal district courts to entertain actions against the United States is where the claim is based "upon any express …

Book Reviews, Alan R. Bromberg, Albert A. Ehrenzweig, R. W. Fleming, William E. Hogan, David A. Bookstaver, Andrew V. Clements

Journal of Legal Education

No abstract provided.

Conflict Of Laws- Foreign Executors And Administrators - Constitutionality Of Nonresident Motorist Statute Providing For Jurisdiction Over Personal Representatives, Thomas E. Kauper

Michigan Law Review

Decedent was killed when his car collided with another on a Missouri highway. Both the driver of the second car and its owner, residents of Nebraska, were also killed. Decedent's widow brought a wrongful death action. in Missouri against the Nebraska-appointed adminstratrixes of the estates of the driver and the owner of the second car. Summonses were served on the Secretary of State of Missouri in compliance with the Missouri Long Arm Statute which specifically provides for service upon and jurisdiction over the administrators of the estates of nonresident motorists. The trial court overruled defendants' motions to quash: On petition …

Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.