Jurisdiction Commons^™

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell

University of Richmond Law Review

A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.

Nlrb Jurisdiction Over Foreign Governments, Dan T. Carter

Vanderbilt Journal of Transnational Law

In State Bank of India the National Labor Relations Board reversed its discretionary abstention policy and asserted jurisdiction over the American operations of a foreign government employer. Previously the Board had declined to assert jurisdiction over these employers out of deference to foreign sovereigns, and because of the Supreme Court's admonition against extraterritorial application of the National Labor Relations Act in the absence of "an affirmative intention of the Congress clearly expressed." The Board now believes that neither public policy nor the policies of the NLRA can justify abstention. Although the Board has deemed the recently enacted Foreign Sovereign Immunities …

Jurisdiction Over Palestine--An Analysis Of The Conflicting Arab-Israeli Claims Of Legal Title, Peter A. Schuller

Vanderbilt Journal of Transnational Law

The recent controversy over the establishment of Israeli settlements in occupied territory has resurrected a thirty year dispute over territorial sovereignty in the area referred to before 1948 as Palestine...

This note will attempt to analyze the conflicting legal claims to Palestine under a standard likely to be applied by an international judicial tribunal operating in conjunction with or under the auspices of the International Court of Justice. The analysis will be concerned not with the political or quasi-legal claims of the respective parties, examples of which are Israeli historical claims based upon decades of alleged persecution and Arab claims …

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

The Journey From Ex Parte Crow Dog To Littlechief: A Survey Of Tribal Civil And Criminal Jurisdiction In Western Oklahoma, F. Browning Pipestem

American Indian Law Review

No abstract provided.

Criminal Jurisdiction Over Indian Schools: Chilocco Indian School, An Example Of Jurisdictional Confusion, Noma D. Gurich, R. Steven Haught

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns

American Indian Law Review

No abstract provided.

Jurisdiction: Public Law 280--Local Regulation Of Protected Indian Lands, Louis D. Persons Ii

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

The Appellate Jurisdiction Of The Supreme Court: Reflections On The Law And The Logistics Of Direct Review, Herbert Wechsler

Washington and Lee Law Review

No abstract provided.

Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.

Jurisdiction Of The Fpc Over Thermal Electric Power Plants

William & Mary Law Review

No abstract provided.

Indian Law-Criminal Jurisdiction-Tribal Courts Have Criminal Jurisdiction Over Non-Indian - Oliphant V. Schlie, Morris D. Linton

BYU Law Review

No abstract provided.

Who Polices Child Abuse And Neglect On Military Enclaves Over Which The Federal Government Exercises Exclusive Jurisdiction, William D. Acton Jr.

North Carolina Central Law Review

No abstract provided.

Civil Procedure--Jurisdiction--The West Virginia Long-Arm Statute, John A. Rollins

West Virginia Law Review

In 1957 the West Virginia legislature enacted a statute which provides that in certain instances foreign corporations would be deemed to be doing business in this state for the purpose of service of process. In enacting this "long-arm" statute, West Virginia joined many other states in taking advantage of the United States Supreme Court's decisions that expanded the extent to which states could exercise personal jurisdiction over nonresidents within the limits of due process. However, upon comparing the jurisdiction afforded by the West Virginia statute to that exercised under other long-arm statutes, it becomes apparent that this state has taken …

The Erosion Of Erie In The Federal Courts: Is State Law Losing Ground?, David A. Thomas

BYU Law Review

No abstract provided.

The Governmental Interest Approach To Choice Of Law: An Analysis And A Reformulation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Rules Of Choice Of Law Versus Choice-Of-Law Rules: Judicial Method In Conflicts Torts Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Pre-Implementation Review Under Section 15 Of The Shipping Act Of 1916, Susan Steinholtz Sennett

Loyola University Chicago Law Journal

No abstract provided.

Federal Practice And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson

Faculty Scholarship

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Offshore Sandblaster not Permanently Assigned to his Vessel is not a Seaman Under the Jones Act

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Freight for a Partial Shipment of Cargo which has been Loaded Aboard a Vessel is Subject to Maritime Garnishment

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Compensation Awarded to Shipbuilding Employee Injured at Shipyard during Maintenance Work on Previously Unused Crane

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures

Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries

Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period

2. CUSTOMS

Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations

Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

"CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT

SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES

LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY

2. ALIEN'S RIGHTS

INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN …

The Relativity Of Injury, Jethro K. Lieberman

Articles & Chapters

No abstract provided.