Jurisdiction Commons^™

The Division Of Legal Labor In Rural Haiti, Pnina Lahav

Faculty Scholarship

This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …

Book Review, Clarence Emmett Manion

Journal Articles

Reviewing: THE PRICE OF PERFECT JUSTICE. By Macklin Fleming. The Adverse Consequences of Current Legal Doctrine on the American Courtroom. Justice of the California Court of Appeals (Basic Books, Inc. New York).

An Extraordinary Rule: Rule Xviii, Rules Of Practice In The Supreme Court Of Appeals Of West Virginia, Willard A. Sullivan Jr.

West Virginia Law Review

No abstract provided.

Costarelli V. Massachusetts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Some Random Thoughts On Judicial Restraint*, H. E. Widener, Jr.

Washington and Lee Law Review

No abstract provided.

Federal Rules Of Civil Procedure--Use Of Rule 23 Restricted, Charles J. Kaiser Jr.

West Virginia Law Review

No abstract provided.

Federal Court Abstention In Diversity Actions Involving Unsettled State Law: Avoiding Constitutional Adjudication And Interference With State Affairs

Washington and Lee Law Review

No abstract provided.

Admiralty Tort Jurisdiction--Tort Claims Not Within Admiralty Jurisdiction Unless Requisite Maritime Nexus Exists

Vanderbilt Law Review

Article Ill of the Constitution' grants exclusive jurisdiction in admiralty to the federal courts. The scope of this jurisdiction over tort claims traditionally has depended upon the situs of the tort whether it occurred on land or on navigable water. Although most American courts have adhered to this strict locality test, it has received frequent criticism as manifested by significant judicial and legislative modifications over the years. Most judicial challenges to the test have focused on its failure to require a connection between the tortious occurrence and the traditional problems of maritime commerce.' A majority of courts ostensibly continued to …

Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser

West Virginia Law Review

No abstract provided.

The Price Discrimination Provisions Of The Robinson-Patman Act: A Forthcoming Clarification Of The Jurisdictional Requirements?, B. Douglas Stephens Jr.

Loyola University Chicago Law Journal

No abstract provided.

Book Review, William K. Thomas

Cleveland State Law Review

Review of Federal Jurisdiction: A General View, Henry J. Friendly, N.Y., London, Columbia University Press, 1973.

Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg

Cornell Law Faculty Publications

Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …

Recent Developments, Charles A. Schliebs

Vanderbilt Journal of Transnational Law

The traditional American "locality" test' for admiralty tort (subject-matter) jurisdiction, which posits the occurrence of the tort on navigable waters as the controlling factor, has suffered mounting criticism through the years because it has resulted in unwarranted expansion of admiralty jurisdiction. Numerous federal courts consequently have suggested the need of an additional requirement that the claim involve some sort of traditional maritime activity to invoke admiralty jurisdiction. The Supreme Court, however, used only the locality test prior to deciding Executive Jet Aviation, Inc. v. City of Cleveland, in which the Court found both the historical requirement of locality and a …

Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori

Vanderbilt Journal of Transnational Law

ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS

Dennis L. Bryant Lt., US. Coast Guard

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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES

Kurt H. Decker

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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …

The Statutory Proposal To Regulate The Jurisdictional Immunities Of Foreign States, R. Lee Bennett

Vanderbilt Journal of Transnational Law

In January 1973, the Departments of State and Justice submitted to Congress a draft bill that defines the jurisdictional immunities of foreign states in United States courts. This draft legislation represents a major shift in the State Department's posture on the substantive and procedural issues of sovereign immunity that will undoubtedly stir considerable controversy within the international bar during its examination by Congress.

A survey of current United States practice regarding the immunity of foreign states reveals that reform is mandatory. At present the determination whether a foreign state is entitled to jurisdictional immunity is made by the courts, whose …

Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii

Vanderbilt Journal of Transnational Law

The Single Convention on Narcotic Drugs, 1961, constituted a major step toward international acceptance of responsibility for the control of licit and illicit drug traffic. The Single Convention achieved a unified codification4 of existing multilateral treaties in the field' and created the International Narcotics Control Board (INCB), center of illicit traffic...In an effort to carry out the principle of limiting the use of narcotic drugs to medical and scientific purposes, the Narcotics Convention of 1931 required noncontracting parties as well as parties to the Convention to furnish annual advance estimates of narcotics needed for these purposes. These estimates were examined …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ACT OF STATE ACT OF STATE

Doctrine precludes Payment of Insurance Policy's Cash Surrender Value in Contravention of the Law of the Nation Governing the Contract

2. ADMINISTRATIVE LAW

Secretary of the Interior may suspend Gas and Oil Leases to Conserve Maritime Natural Resources

3. ADMIRALTY

Libel in Rem against Vessel demise Chartered to the United States is not within Court's Jurisdiction under Suits in Admiralty Act when Ship is Outside United States Territorial Waters

Status as Crew Member of and a Relatively Permanent Connection with a Floating Structure required for Recovery Under the Jones Act

Employer may not …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

STOWAGE OF CONTAINERIZED CARGO ABOVE-DECK IS NOT AN UNREASONABLE DEVIATION FROM A CLEAN BILL OF LADING UNLESS BELOW-DECK STOWAGE IS ORDINARILY CONTEMPLATED

EMPLOYEE TEMPORARILY ASSIGNED AS CREWMAN IN MOTORBOAT IS NOT A JONES ACT SEAMAN

UNITED STATES CAN CHARGE A BERTHING AGENT'S BOND FOR THE UNCOLLECTED DUTY OF A SHIP WHICH WAS HANDLED AT THE AGENT'S DOCK AND REPAIRED ABROAD

TAX ON NONMUNICIPAL PILOTS DOES NOT MAKE THE USE OF PORT PILOTS COMPULSORY

FREE STANDING ELECTRICAL TRANSFORMER ATTACHED TO SKID DOES NOT CONSTITUTE A PACKAGE WITHIN COGSA

2. ALIEN'S RIGHTS

ALIENS MAY BE EXCLUDED FROM GRAND AND PETIT …

French Nuclear Testing And Article 41--Another Blow To The Authority Of The Court?, Jerome B. Elkind

Vanderbilt Journal of Transnational Law

On the 23rd of July 1973, at 9:00 a.m. New Zealand time, members of the crew of the New Zealand vessel, Otago, witnessed a nuclear explosion on one of the islands in the Mururoa atoll. The blast, a small one in the low kiloton range, marked the beginning of the eighth series of French atmospheric nuclear tests, which have been conducted in the Pacific since July 1966 when France moved its nuclear test site from the Reggane Firing Ground in the Sahara. Since that time the French nuclear tests have been a perennial sore spot in the diplomatic relations between …

The Development Of A United States Approach Toward The International Court Of Justice, Philip C. Jessup

Vanderbilt Journal of Transnational Law

This article is not designed as a history of the International Court of Justice, nor as a legal analysis of the way in which the Court functions. Rather, the purpose is to describe the attitude of the United States, i.e., the Department of State, toward the actual use of the Court in a variety of situations, some of which involved important interests of the United States and others of which did not. The concentration in this article is on the jurisdiction of the Court to give advisory opinions, since it is in connection with proposals to request such opinions that …

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

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ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …

Multiple Jurisdiction--Will It Save Or Destroy The Oceans? Political Analysis Of A Legal Problem, Charles F. Doran

Vanderbilt Journal of Transnational Law

The recent trend of claims to the ocean and its riches has led far beyond the liberal twelve nautical mile territorial sea limit that the United States is prepared to recognize. In particular, two documents, the Declaration of Santo Domingo, proposing a "patrimonial sea" of 200 miles, and the draft articles on an "exclusive economic zone" of 200 miles submitted by Kenya, are likely to find much favor at the substantive session of the Third Law of the Sea Conference to be held at Caracas in the summer of 1974. Emerging from conflicts of interest, which have gradually eroded the …

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

Primary Jurisdiction In Environmental Cases Suggested Guidelines For Limiting Deferral, Bruce R. Runnels

Indiana Law Journal

No abstract provided.

Extension Of Ancillary Jurisdiction To Plaintiffs' Claims Against Nondiverse Third-Party Defendants

Washington and Lee Law Review

No abstract provided.

Miller V. Perry: Further Complications In Determining Diversity Jurisdiction

Washington and Lee Law Review

No abstract provided.

Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York

Motions

No abstract provided.

Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck

Washington Law Review

Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …