Jurisdiction Commons^™

National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith

American Indian Law Review

No abstract provided.

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …

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

Articles

No abstract provided.

Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman

Michigan Law Review

This Note asserts that associations merit standing when they seek to litigate collective interests they reasonably claim as theirs. Part I of this Note examines the state of judicial doctrine on associational standing, and illustrates how current doctrine hampers associations by refusing to recognize, and thus protect, interests that fit naturally with those the Supreme Court has regarded as associational. Part II reworks the concept of associational standing by formalizing collective interest and arguing for the association as the appropriate legal representative of such interest. Finally, Part III addresses the separation of powers concerns raised by a reworked concept of …

Extraterritorial Jurisdiction And International Banking: A Conflict Of Interests, Silvia B. Piñera-Vazquez

University of Miami Law Review

No abstract provided.

Removal, Remand, And Review In Pendent Claim And Pendent Party Cases, Joan Steinman

Vanderbilt Law Review

This Article examines the removability of civil actions that include either pendent claims or pendent parties joined in addition to parties against whom federal questions are alleged. It discusses the remandability of those civil actions or segments of them, and comments on the law governing appellate review of district court remands to state court.' In an effort to reach the wisest resolutions of the various issues posed, it confronts issues of statutory construction, interprets Supreme Court cases, especially Thermtron Products, Inc. v. Hermansdorfer,'and wades in the murky waters of federalism. In the course of this enterprise, the Article analyzes and …

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.

The Adequate And Independent State Grounds Doctrine: Federalism, Uniformity, Equality And Individual Liberty, Donald L. Bell

Florida State University Law Review

No abstract provided.

Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien

Faculty Scholarship

In Vanessa Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 (1987), the Supreme Judicial Court (SJC) issued an important ruling on the parameters of the Commonwealth's relatively new Civil Rights Act (MCRA)' by answering two questions certified to it by the United States Court of Appeals for the First Circuit. The SJC held that MCRA is essentially the state equivalent of 42 U.S.C. §1983 without the federal "state action" requirement.' This article briefly examines the SJC's decision in Redgrave in light of Massachusetts precedent and the vast federal experience with §1983 actions (Section I) and then considers the …

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.

Public Land Livestock Grazing, Water Quality And Riparian Ecosystems: The Evolving Legal And Technical Context, Richard H. Braun

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

8 pages.

Contains 1 page of references.

Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

48 pages.

Contains footnotes.

A Proposal For An Outrageous, Albeit Effective, Strategy To Prevent Groundwater Pollution, George Cameron Coggins

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

14 pages.

Effects Of Upstream Transfers On Water Quality Permittees: A Summary Of Practical Problems And Solutions, Lee Kapaloski

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

19 pages.

Contains 3 pages of footnotes.

State Legislative Options For Protecting Groundwater Quality, Larry Morandi

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

13 pages.

Contains references.

Section 404: The Nasty Business Of The Clean Water Act, Oliver A. Houck

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

9 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

Enforcement Issues In Water Pollution Control, Henry W. Ipsen

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

29 pages.

The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

10 pages.

Contains references.

Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

65 pages (includes illustrations).

Contains 28 pages of footnotes.

Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

44 pages.

Contains 2 pages of footnotes.

Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

Conference speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Virtually all western states now provide some kind of legal recognition for instream flows. On March 31-April 1, the Natural Resources Law Center will present a symposium on the different approaches taken in these states, with emphasis on such major issues as the purposes for instream flows, the quantities of water needed for these purposes, enforcement of instream flow rights, federal instream flow claims, private instream flow claims, and transferring consumptive water rights to instream flow rights. Speakers include representatives from state agencies …

Instream Flows In Idaho, Josephine P. Beeman, Kenneth R. Arment

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

23 pages.

Contains footnotes.

Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau

BYU Law Review

No abstract provided.

Who Is An Indian?: Duro V. Reina's Examination Of Tribal Sovereignty And Criminal Jurisdiction Over Nonmember Indians, Patricia Owen

BYU Law Review

No abstract provided.