Jurisdiction Commons^™

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ACT OF STATE DOCTRINE

Hickenlooper Amendment Inapplicable to Oil Drilling Concession Granted by Foreign Government

2. ADMIRALTY

Shipowner is Entitled to Indemnification from Tortfeasor when a Covenant of Workmanlike Performance by the Tortfeasor can Reasonably be Implied

Judicially-Created Maritime Wrongful Death Cause of Action Applies Retroactively as Exclusive Remedy Time-Charterer Not Entitled to Indemnification for Litigation Expenses when not Obligated to Provide Seaworthy Vessel

Claims within Scope of the Public Vessels Act Cannot be Brought under the Terms of the Suits in Admiralty Act

Lumber Employee Working on Saltwater Pond Held Not Engaged in Maritime Employment and Not Covered …

Obtaining Personal Jurisdiction Over Alien Corporations--A Survey Of U.S. Practice, John D. Gleissner, David C. Veeneman, S. Rodgers Wheaton

Vanderbilt Journal of Transnational Law

With the increase in international trade, civil litigation between persons of different nationalities has become increasingly important. Today alien and foreign corporations are being brought before American courts to defend actions arising out of products liability, contract, and tort. There is considerable authority holding alien and foreign corporations amenable to jurisdiction on the basis of a single act or business transaction. The states themselves are affecting international trade since state law is chosen to determine the amenability of alien and foreign corporations to suit in diversity actions in federal court.

This survey presents a cross-section of recent cases and attempts …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

The Act Of State Doctrine: Alfred Dunhill Of London, Inc. V. Republic Of Cuba, John S. Williams

Vanderbilt Journal of Transnational Law

With its decision in Alfred Dunhill of London, Inc. v. Republic of Cuba, the Supreme Court has, for the third time in twelve years, rendered a significant if not landmark ruling on the act of state doctrine. Before 1964 the Court had not decided a case involving that doctrine for more than twenty years. During that intervening period many questions were raised in the learned writings on the subject, and the controversial decision, Bernstein v. N. V. Nederlandsche-Amerikaansche, etc., was decided by the Second Circuit Court of Appeals in New York.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians

American Indian Law Review

No abstract provided.

Jurisdiction: Exhaustion Of Remedies And The Status Of Tribal Courts, Sue Salmon

American Indian Law Review

No abstract provided.

Civil Rights; Challenging Tribal Membership Ordinance; Constitutional Law: Indigent Indians' Right To Counsel In Tribal Court; Constitutional Law: Tribal Judge Serving As Tribal Prosecutor As Violation Of Indian Civil Rights Act; Indian Lands: Termination Of Aboriginal Land Rights; Jurisdiction: Exhaustion Of Tribal Remedies Required; Jurisdiction: State Jurisdiction Where "Reservation" Lands Not Owned By Indians; Land Rights: Determination Of Property Rights In Mineral Interests Under Allotted Lands

American Indian Law Review

No abstract provided.

The Confusing World Of Interstate Commerce And Jurisdiction Under The Sherman Act - A Look At The Development And Future Of The Currently Employed Jurisdictional Tests, Kevin S. Anderson

Villanova Law Review (1956 - )

No abstract provided.

Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert

Articles

The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.

Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley

West Virginia Law Review

No abstract provided.

Long-Arm Jurisdiction And Quasi In Rem Jurisdiction In Washington, Philip A. Trautman

Washington Law Review

During the past decade and a half considerable change has occurred on a national basis in the areas of choice of law and judicial jurisdiction. In Washington, while there has been some change in choice of law principles, it has been relatively modest. On the other hand, Washington has been in the forefront of the development of jurisdiction concepts. There has been an unusual amount of significant litigation under the Washington long-arm statute. That litigation and its meaning will constitute the major topic of discussion in this article. In addition, recently there has been an important curtailment of quasi in …

A Jurisdictional Basis Of Nonstatutory Judicial Review In Suits Against Federal Officers—Jurisdictional Amount, The Administrative Procedure Act And Mandamus, Mark William Pennak

Washington Law Review

This comment examines the possible sources of subject matter jurisdiction for the federal district courts in nonstatutory judicial review suits. Specifically, the comment will explore the limits of the general federal question jurisdiction provision of 28 U.S.C. § 1331 (Section 1331) and then focus on the mounting confusion and conflict among the circuits as to the jurisdictional nature of the judicial review provisions of the APA. The proper scope of review under the 1962 mandamus statute, 28 U.S.C. § 1361 (Section 1361), will also be scrutinized. The comment concludes that despite the growing acceptance of the APA as an independent …

Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Current Problems With Venue In Georgia, C. Ronald Ellington

Popular Media

Georgia's first constitution, the Constitution of 1777, contained a section providing that "all matters in dispute between contending parties, residing in different counties, shall be tried in the county where the defendant resides, except in cases of real estate, which shall be tried in the county where such real estate lies." The practice of specifying rules of venue in the constitution thus dates from the very beginning of our state and has been repeated and expanded in subsequent constitutional revisions. The Constitution of 1798, for example, added the rule that joint obligors, residing in different counties, may be sued in …

The Role Of Judicial Decisions And Doctrine In Civil Law And Mixed Jurisdictions, Edited By Joseph Dainow, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.

Henry V. Mississippi And The Adequate State Ground: Proposals For A Revised Doctrine, Terrance Sandalow

Book Chapters

More than a century ago, the then former Justice Curtis reminded the Bar that "questions of jurisdiction were questions of power as between the United States and the several States." Accordingly, any expansion of the jurisdiction of federal courts is an occasion for alarm for those to whom the slogan of "state's rights" is a substitute for analysis. Justice Curtis was aware, however, that Scylla and Charybdis were both to be avoided. Failure to extend the jurisdiction of federal courts to appropriate cases may be as great a disservice to the federal system as an undue expansion of that jurisdiction. …

Federal Jurisdiction - Steffel V. Thompson, Declaratory Relief Against A Threatened State Criminal Prosecution Is Permissable Without A Showing Of Great And Immediate Irreparable Harm Whether The Attack On The Constitutionality Of The Statute Is On Its Face Or As Applied, Dennis G. Stenstrom

Loyola University Chicago Law Journal

No abstract provided.

Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton

Indiana Law Journal

No abstract provided.

Federal And State Regulations Pertaining To Systematic Collections. I. A Case Of Inadvertent Violation Of Federal Regulations, Jerry R. Choate, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On 25 April 1975, at the twenty-second annual meeting of the Southwestern Association of Naturalists (SWAN), at the University of Oklahoma Biological Station, President Keith A. Arnold appointed Jerry Choate to investigate current regulations pertaining to collection and transport of scientific specimens in the region of representation (including Mexico) or SWAN. This charge involves both Federal and State laws, several of which are undergoing change and many of which doubtlessly are not familiar to the membership of SWAN. In order that SWAN members might be made aware of these regulations and not unwittingly commit violations, it was decided that SWANEWS …

Current Problems Of Accountants' Responsibilities To Third Parties, T. J. Fiflis

Publications

No abstract provided.

The Eleventh Amendment Does Not Bar An Award Of Attorney's Fees Based On The Private Attorney General Theory

Washington and Lee Law Review

No abstract provided.

Federal Jurisdiction-Incidental Use Of Facilities In Interstate Commerce Held Sufficient To Invoke Travel Act

University of Richmond Law Review

18 U.S.C. § 1952, commonly known as the Travel Act, prohibits travel or the use of facilities in interstate commerce in aid of racketeering. An examination of the statute's history shows that it was passed to enable federal prosecution of those who remained immune from state prosecution by residing outside the state wherein the illegality transpired. However, the Act's scope is not limited to this target, and prosecution is permitted for the same offense under applicable state law. The statute, which has withstood several constitutional attacks,' was designed to assist the states in controlling criminality crossing state boundaries.

Recent Developments--Recent Decisions, Philip B. Barr, Jr., Michael Stukenberg

Vanderbilt Journal of Transnational Law

All nations recognize the enormous problem of marine pollution. The sources of marine pollution are definable, and there are methods by which these sources may be restricted. Virtually all mankind would prefer less pollution to more. Prevention, however, becomes less attractive in light of its costs, which assume both political and economic characteristics. Varying political and economic climates coupled with problems of sovereignty and national self-interest render agreement on the imposition of standards difficult. This Recent Development will chart past and present efforts at the preservation of the marine environment, consider the issues confronting the United Nations Third Conference on …

Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan

Vanderbilt Journal of Transnational Law

The Court of Justice of the European Communities is the final adjudicatory body for questions arising under the three Community treaties--the European Economic Community Treaty (EEC), the European Coal and Steel Community Treaty (ECSC), and the European Atomic Energy Community Treaty (EUR-ATOM). Since none of the treaties confers upon the Court the power to adjudicate questions involving the domestic laws of Member States, the Court's jurisdiction extends only to interpretation of Community law. Basically, the jurisdiction of the Court can be divided into the following subject areas: actions against Member States, actions against Community institutions, claims for damages against the …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

ABSTRACTION AND USE OF WATER: A COMPARISON OF LEGAL REGIMES By Ludwik A. Teclaff

New York, United Nations Publications,1972. Pp. iv, 254. $5.50.

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CONSULATE OF THE SEA AND RELATED DOCUMENTS

By Stanley S. Jados

University, Alabama: The University of Alabama Press,1975. Pp. xvi, 326. $12.00

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FOOTSTEPS INTO THE FUTURE

by Rajni Kothari

New York: The Free Press, 1974. Pp. xxiii, 173. $8.95.

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THE FUTURE OF INTERNATIONAL FISHERIES MANAGEMENT

Edited by H. Gary Knight

St. Paul, Minnesota: West Publishing Co., 1975.Pp. xiii, 253. $14.00.

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THE ILLEGAL DIVERSION OF AIRCRAFT AND INTERNATIONAL LAW

By Edward McWhinney

Leiden: A.W. …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress

Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault

Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo

Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment

2. ARBITRATION

Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings

3. CONTRACTS …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMIRALTY

SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE

INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE

SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION

THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS

2. ALIEN'S RIGHTS

MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES

ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …