Jurisdiction Commons^™

Federal Jurisdiction - All Plaintiffs Required To Meet $10,000 Jurisdictional Amount In Order To Maintain A Rule 23(B)(3) Class Action Under 28 U.S.C. 1332(A), Louis M. Leone

Loyola University Chicago Law Journal

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

Far Beyond Nuremberg: Steps Toward International Criminal Jurisdiction, Richard I. Miller

Kentucky Law Journal

No abstract provided.

Jurisdictional Reach Under § 2(A) Of The Robinson-Patman Act: Littlejohn Says More, Others Say Less, Loren K. Collier

Indiana Law Journal

No abstract provided.

0083: Cabell County [West Virginia] Court Records, 1809-1866, Marshall University Special Collections

Guides to Manuscript Collections

Abstracts and indices for county records for Cabell County, Virginia and County County, West Virginia compiled by Rudenz S. Douthat, city clerk, in 1932. Records include those for marriage, court minutes and records, and supervisors’ records.

Accession 0443, “Marriage Records, Cabell County West Virginia, 1809-1860” compiled by the Daughters of the American Revolution, was merged with this collection.

Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

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THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)

The Bremen, Cogsa And The Problem Of Conflicting Interpretation, Charles L. Black, Jr.

Vanderbilt Journal of Transnational Law

All aspects of the important Bremen decision will be explored in these Comments and elsewhere. I propose to present just two ideas, without needless connective verbal tissue between them: I. The Bremen case has nothing to do with the Carriage of Goods by Sea Act (COGSA); both choice-of-forum and choice-of-law clauses should continue to be invalidated in bills of lading subject to that Act. II. The best solution for international conflicts of interpretation as to COGSA (and doubtless as to other statutes based on international conventions) would be an international court of appeals, exercising a discretionary jurisdiction, but empowered to …

Admiralty Tort Jurisdiction-Airplane Crashes Into Navigable Waters Within State Territorial Limits

University of Richmond Law Review

The United States Constitution provides that "[t]he judicial power shall extend . . . to all cases of admiralty and maritime jurisdiction. The Congress, in establishing a court system, provided that "the district courts shall have . . . exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction ... saving to suitors, in all cases, the right of a common law remedy...."

Misreading The Erie Signs: The Downfall Of Diversity, M. T. Hertz

Kentucky Law Journal

No abstract provided.

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.

Illinois V. City Of Milwaukee: A Welcome Alternative To Snyder V. Harris: An Answer To The Anti-Aggregation Problem Of Class Suits In Federal Courts, Gerald F. Dusing

Kentucky Law Journal

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH

LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS

SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT

COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION

2. BORDER SEARCHES

A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST

3. CONSTITUTIONAL LAW

STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE

4. …

New Guidelines For Admiralty Tort Jurisdiction, Thomas L. Pytynia

Indiana Law Journal

No abstract provided.

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Judicial Review Under The Apa Of "Agency Action Committed To Agency Discretion By Law" .

Washington and Lee Law Review

No abstract provided.

Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf

Washington Law Review

This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …

Original Jurisidiction—Interstate Water Pollution: Alternatives To The Original Jurisdiction Of The United States Supreme Court—Ohio V. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), Anon

Washington Law Review

Ohio, alleging that foreign corporations were polluting Lake Erie's waters by discharging mercury into tributaries of Lake Erie, sought to invoke the original jurisdiction of the United States Supreme Court by moving for leave to file a bill of complaint. Ohio desired a decree declaring the alleged pollution a public nuisance, granting injunctive relief, ordering removal of the mercury, and requiring payment of damages. The Court denied the motion for leave to file the bill of complaint. Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971).

Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack

Scholarly Works

In the case of Parisi v. Davidson the Supreme Court granted habeas corpus relief to a serviceman who was being court-martialed for disobedience to orders issued after he had been denied administrative discharge on a conscientious objector claim. Professor McCormack analyzes Parisi and uses it as a vehicle to examine the Court's present notions of comity and abstention.

Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy

Loyola University Chicago Law Journal

No abstract provided.

To Where Does One Attach The Horses?, Aaron D. Twerski

Kentucky Law Journal

No abstract provided.

The Kentucky Approach To Choice Of Law: A Critique, Willis L.M. Reese

Kentucky Law Journal

No abstract provided.

Finding A Substitute For The Place-Of-Wrong Rule: The Kentucky Experience, Russell J. Weintraub

Kentucky Law Journal

No abstract provided.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Preserving Objections To In Personam Jurisdiction - Ohio's Persistent Shibboleth, J. Patrick Browne

Cleveland State Law Review

The scenario is commonplace: Plaintiff causes summons to be served on the defendant. The defendant believes the summons is fatally defective, or the service is faulty, or that, for some reason or another, the court in which the action is brought cannot lawfully obtain jurisdiction over his person. Accordingly, he files a motion to quash and set aside the summons, or a motion to dismiss for want of in personam jurisdiction. As so frequently happens, the court does not quite see the wisdom of defendant's position, and overrules the motion. Usually, the court's journal entry will note that the defendant's …

The Expanding Scope Of Federal Civil Rights Jurisdiction, Edwin R. Mccullough

Loyola University Chicago Law Journal

No abstract provided.

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

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ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

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ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

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ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

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CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

The Bases And Range Of Federal Maritime Law: Indicia Of Maritime Competence, Arthur R. Louv

Vanderbilt Journal of Transnational Law

The Constitution and federal statutes of the United States establish three forms of jurisdiction for the federal judiciary--diversity, federal question, and admiralty and maritime. This scheme of multi-based jurisdiction necessarily raises a fundamental problem in our federal judicial system: the interrelation of these grants of power.

Mr. Justice Story, the author of the opinion in Swift v. Tyson, viewed the grants of diversity, federal question, and maritime competence as complementary, and utilized this concept in an attempt to create a uniform body of federal commercial common law. In "Erie Railroad Company v. Tompkins", however, the Supreme Court rejected the principle …