Jurisdiction Commons^™

Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black

BYU Law Review

No abstract provided.

Supplemental Jurisdiction Over Claims By Plaintiffs In Diversity Cases: Making Sense Of 28 U.S.C. § 1367 (B), Darren J. Gold

Michigan Law Review

This Note examines the language and legislative history of section 1367(b) and proposes a uniform test for determining the circumstances in which subsection (b) authorizes the exercise of supplemental jurisdiction. Part I of this Note explains the doctrines of pendent and ancillary jurisdiction and examines how the Supreme Court's decision in Finley v. United States called these doctrines into question. Part II examines the language and legislative history of section 1367 and concludes that the statute only prohibits the exercise of supplemental jurisdiction over claims by plaintiffs in diversity cases when doing so would permit plaintiffs to circumvent the complete …

Power, Responsibility, And Republican Democracy, Marci A. Hamilton

Articles

No abstract provided.

Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler

Federal Communications Law Journal

The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority over interstate telecommunications service, while the states retain authority over purely intrastate telecommunications. This has led to a "border war" between the FCC and the states over exactly where the dividing line between their respective regulatory spheres lies. They have also clashed over the scope of permissible FCC preemption of state regulatory authority when that authority conflicts with federal policies. After twenty years of conflict, however, three recent appellate decisions may have provided an opportunity to bring the conflict to an end by clarifying both …

Bosnia-Herzegovina: A Case Study Of Anarchy In The Third World, Alex N. Dragnich

Cardozo Journal of International and Comparative Law

The article examines the historical and political roots of the Bosnian conflict within the broader context of Yugoslavia's dissolution. It argues that the West, particularly Germany and Austria, mismanaged the crisis by prematurely recognizing the secession of Slovenia, Croatia, and Bosnia, which exacerbated the conflict. The analysis critiques the international community's failure to consider Serbia's historical and legal claims, as well as its misinterpretation of the conflict as a simple struggle for democracy rather than a complex ethnic and political dispute. The author contends that Western policies ignored Serbian fears rooted in World War II atrocities and the perceived threat …

D.M. Gray Co, Inc., V. Deroche D/B/A Starr Construction, 94-Ap-25 (Blkft. Tr. Ct. App., March 6, 1995), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals the Court reversed and remanded case for improper service when service was improperly made to a minor. Ch. 9, Rule 12: Service of Process, states that service may be made “upon an individual other than a minor under the age of sixteen, or an incompetent person, by delivering a copy of the summons or notice of action, and give the complaint to him personally, or by leaving copies thereof where he lives with an adult living there, or by delivering a copy of the summons or notice of action and of the complaint …

Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo

Michigan Law Review

In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.

Enforcing U.S. Judgments In Canada: "Things Are Looking Up!", Ivan F. Ivankovich

Northwestern Journal of International Law & Business

Four years have now elapsed since the landmark decision in Morguard Investments Ltd. v. De Savoye,1 a case most recently described as "the most important decision on the conflict of laws ever rendered by the Supreme Court of Canada."2 The domestic impact of Morguard has been truly profound. It has been used by some courts to broaden the common law grounds for the recognition and enforcement of Canadian extraprovincial judgments3 and by others to mandate such recognition via the existence of an implicit "full faith and credit" doctrine in the Canadian Constitution. The result is that many more intra-Canadian judgments …

Considering Copyright Crimes, Roger J. Miner '56

Criminal Law

No abstract provided.

A User's Guide To Supplemental Jurisdiction, 27 U. Tol. L. Rev. 85 (1995), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

"Common Sense Legal Reform" And Bell's Toll: Eliminating Punitive Damage Claims From Jurisdictional Amount Calculations In Federal Diversity Cases, Russell G. Murphy

Kentucky Law Journal

No abstract provided.

Two Cheers For Specialization, Jeffrey W. Stempel

Scholarly Works

Professor Dreyfuss adopts what might be termed the more conservative and deferential view of the efficacy of Delaware corporate law in her paper and her presentation. This approach generally views the market as making a statement with which one should not lightly quarrel. Because Delaware continues to attract incorporations, this view posits that the state's attraction is the superiority of its corporate law compared to other states, which lack a semi-specialized Chancery Court. Consequently, in a race to the top of corporate standards, legal rules and adjudications, Delaware's success in the market suggests that Delaware's legal product is good.

Other …

Democratic Responses To International Terrorism, Christopher L. Blakesley

Scholarly Works

This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …

Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman

Vanderbilt Journal of Transnational Law

In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …

Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang

University of Michigan Journal of Law Reform

Because of the increasingly interstate nature of legal practice during the past few decades, practitioners licensed in multiple jurisdictions have been forced more frequently to confront choice-of-law dilemmas in the area of professional responsibility. Although most states have adopted fairly uniform regulations on professional ethics, only the recently amended American Bar Association's Model Rules of Professional Conduct contain a specific provision that addresses the choice-of-law problem in the professional responsibility context. This Note outlines certain ethical considerations facing the multistate practitioner and argues that the choice-of-law provision in the Model Rules of Professional Conduct provides insufficient clarity and predictability where …

The December 1993 Amendments To The Federal Rules Of Civil Procedure--A Critical Analysis, Leslie M. Kelleher

Touro Law Review

No abstract provided.

Power Of Courts

Touro Law Review

No abstract provided.

Professor Lowenfeld Responds, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.

This brief response is addressed only to …

Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Domestic Relations Exception To Federal Jurisdiction: Rethinking An Unsettled Federal Courts Doctrine, Michael Ashley Stein

Faculty Publications

No abstract provided.

The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear

American Indian Law Review

No abstract provided.

Litigation And Inequality: Federal Diversity Jurisdiction In Industrial America, David A. Luigs

Michigan Law Review

A Review of Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America by Edward A. Purcell, Jr.

Res Judicata And Plaintiff's Burden Of Invoking A Federal Court's Supplemental Jurisdiction To Save "State" Court Claims In The District Of Columbia: A Bright Line Test, Stephen Giunta

University of the District of Columbia Law Review

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón

Scholarly Publications

What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …

Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker

UIC Law Review

No abstract provided.

The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Faculty Publications

Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …

Federalism Myth, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The late Justice Louis Brandeis once remarked on the benefit that our system of government derives from the states acting as the "laboratories of democracy."' This remark not only implies that states should be given the discretion to experiment, it presumes that states actually have the ability to do so. In order to understand Justice Brandeis and those who have followed in his rhetorical footprints, it is important to understand federalism, which is the organizing principle of American government.

Choosing Law With An Eye On The Prize, Russell J. Weintraub

Michigan Journal of International Law

Review of Choice of Law and Multistate Justice by Friedrich K. Juenger