Jurisdiction Commons^™

The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg

Villanova Law Review (1956 - )

No abstract provided.

Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse

Campbell Law Review

No abstract provided.

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt

Touro Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.

Erisa: To Sue Or Not To Sue-A Question Of Statutory Standing, Constance L. Bauer

University of Michigan Journal of Law Reform

This Note examines the conflicting authority regarding the scope of section 502(a) of ERISA. There is a fundamental split among the United States Courts of Appeals concerning whether parties not specifically enumerated in section 502(a) have standing to bring civil actions to enforce ERISA's provisions. The Ninth Circuit has held consistently that non-enumerated parties are entitled to sue under ERISA. The Second Circuit, however, repeatedly has held that parties not explicitly specified in section 502(a). do not have standing to bring an action under the Act. This Note addresses the question of whether employers and pension funds, as non-enumerated parties, …

Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire

University of Arkansas at Little Rock Law Review

No abstract provided.

Keeton, Calder, Helicopteros And Burger King - International Shoe'sMost Recent Progeny, William J. Knudsen Jr.

University of Miami Law Review

No abstract provided.

A Nondeferential Standard For Appellate Review Of State Law Decisions By Federal District Courts

Washington and Lee Law Review

No abstract provided.

Confronting Unforeseen Problems Under 28 U.S,C. § 1631: The Tenth Circuit Struggles To Properly Dispose Of Tucker Act Claims Within The Exclusive Jurisdiction Of The Claims Court, Paul L. Caron

BYU Law Review

No abstract provided.

Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel

Faculty Publications

No abstract provided.

Why Professor Redish Is Wrong About Abstention, Michael Wells

Scholarly Works

Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …

Quantification Of Indian Rights: Problems Of Proof, Harry R. Sachse

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

32 pages.

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.

Jurisdictional Limitations On Intangible Property In Eminent Domain: Focus On The Indianapolis Colts, Ellen Z. Mufson

Indiana Law Journal

No abstract provided.

The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz

Scholarly Works

The Supreme Court's 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960's, when, emboldened by the Supreme court's recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, …

Foreword: Certification: Assuring The Primacy Of State Law In The Fourth Circuit, John D. Butzner, Jr., Mary Nash Kelly

Washington and Lee Law Review

No abstract provided.

Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith

Buffalo Law Review

No abstract provided.

Analyzing Claims Of Sovereignty In International Economic Disputes, Spencer Weber Waller, Alan M. Simon

Northwestern Journal of International Law & Business

The extraterritorial application of national laws has become a battle ground over the last forty years for both private parties and states, who are either seeking to enforce their laws or to protect their nationals and their own interests. The conflicts have been most intense over the application of economic regulation to international business conduct where the situs and the effects of the conduct may be quite difficult to locate within the borders of any single state. Often, the United States has sought to enforce its laws when conduct abroad by foreign nationals adversely affected its interests. The intention of …

Callejo V. Bancomer, S.A.: The Need For A Commercial Activity Exception To The Act Of State Doctrine, Bryan J. Blankfield

Northwestern Journal of International Law & Business

The ability of the United States courts to adjudicate claims against foreign sovereigns is limited by the Foreign Sovereign Immunities Act of 1976 ("FSIA") and the act of state doctrine. In Dunhill, a plurality of the Court held that the "concept of an act of state should not be extended to include the repudiation of a purely commercial obligation. Recently, the Fifth Circuit in Callejo v. Bancomer, S.A. examined the plurality's commercial activity exception in Dunhill, yet declined to decide whether to adopt the exception with respect to the act of state doctrine. This Note analyzes the commercial activity exception …

Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff

Northwestern Journal of International Law & Business

Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …

Establishing Locus Standi Under Article 173(2) Of The Eec Treaty, Edward J. Tabaczyk

Northwestern Journal of International Law & Business

Article 173 of the Treaty of Rome allows natural and legal persons to obtain judicial review of certain legal acts of the Council or Commission of the European Economic Community (EEC Council or Commission). Specifically, Article 173(2) allows nonaddressees of a decision or a decision in the form of a regulation to petition the Court of Justice of the European Community (the European Court) for an annulment of the legal act on one of four grounds. Before an application for an annulment is admissible, however, the applicant must show that the legal act is of "direct and individual concern" to …

Family Law - Federal Courts Have Jurisdiction To Enforce Provisions Of Parental Kidnapping Prevention Act, Judith Riddle Kohler

Villanova Law Review (1956 - )

No abstract provided.

The Multistate Consumer Class Action: Local Solutions, National Problems, 87 W. Va. L. Rev. 271 (1985), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

A Call For The Repudiation Of The Domestic Relations Exception To Federal Jurisdiction, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

The Putative Marriage Doctrine, Christopher L. Blakesley

Scholarly Works

The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …

Vouching: In Or Out?

Washington and Lee Law Review

No abstract provided.