Jurisdiction Commons^™

Vouching: In Or Out?

Washington and Lee Law Review

No abstract provided.

Judicial Authority In The Settlement Of Federal Civil Cases

Washington and Lee Law Review

No abstract provided.

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

Touro Law Review

No abstract provided.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott

Vanderbilt Journal of Transnational Law

This Note will first examine the development of "forum non conveniens" in Scotland, the country of the doctrine's origin. It will compare the doctrine to the traditional English policy of staying proceedings in situations involving vexation or oppression, and examine how the liberalization of the English policy has led ultimately to the recognition of forum non conveniens as an appropriate description for the factors an English court will consider prior to a dismissal or stay of an action. Similarly, the doctrine of forum non conveniens in the United States will be compared with the doctrines in the other two jurisdictions, …

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

The Ambiguous Independent And Adequate State Ground In Criminal Cases: Federalism Along A Mobius Strip, Thomas E. Baker

Faculty Publications

In topology a Mobius strip is a one-sided surface formed by holding one end of a rectangle fixed, rotating the opposite end 180 degrees, and joining the two ends.'In Supreme Court jurisdiction the independent and adequate state ground doctrine forms a similar figure by joining, on one side, the power of the Court to revise the judgments of state courts on issues of federal law with, on the other side, the Court's lack of any general power to re examine issues of state law.

Taking Bureaucracy Seriously, Henry Paul Monaghan

Faculty Scholarship

The Federal Courts: Crisis and Reform can be viewed as not one but two "books." "Book I" (pp. 1-192), which reflects Judge Posner's well-known commitment to the interplay of law and economics, adds to the literature on the explosive and unremitting growth of litigation in the inferior federal courts during the last quarter-century. Noting this situation with alarm, Judge Posner seeks to identify the dimensions of the "crisis," to evaluate some current proposals for reform, and to advance some of his own. “Book II” (pp. 192-340) is quite different. Considerably less reliant upon law and economics, it addresses the substance …

Personal Jurisdiction Over Nonresident Debtors: When May Creditors Sue At Home?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman

Washington Law Review

This Comment proposes that courts should apply a market analysis to all "stream of commerce" cases. The proper question in such cases is whether the market for the defendant manufacturer's or dealer's products includes the forum state. If so, the defendant should be subject to jurisdiction in the forum state. The Comment begins with a look at the recent history of the doctrine of personal jurisdiction. It then proposes a market analysis approach as an alternative to the rigid unilateral contacts test, and discusses the market analysis approach in the context of several recent consumer-based contact cases. Finally, the Comment …

Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review

Michigan Law Review

This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …

Diversity Jurisdiction And Alien Corporations: The Application Of Section 1332(C), Jim Whitlatch

Indiana Law Journal

No abstract provided.

Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock

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

25 pages.

[Section] 404 Panel Discussion, Gregory J. Hobbs, Jr.

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

5 pages.

Supplemental materials. Includes proposed bill language for Department of the Interior appropriations bill. Outline of key events and dates in the history of water law.

Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss

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

57 pages.

Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

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

19 pages.

Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe

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

62 pages.

Contains references.

The Case For A Legislative Solution To Indian Water Claims, James M. Bush

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

57 pages.

Reserved Water Rights Of Indian Allotments, Richard B. Collins

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

10 pages.

Contains references.

Instream Flows As Reserved Rights On Federal Reservations After United States V. New Mexico, Hank Meshorer

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

10 pages.

Effects Of The Clean Water Act On Water Availability And Development, Paula C. Phillips

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

12 pages.

Introduction To Reserved Water Rights, Ralph W. Johnson

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

16 pages.

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

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

12 pages.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

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

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

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

14 pages.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

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

39 pages.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

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

88 pages.

Contains attachments.