Jurisdiction Commons^™

Federal Rules Of Civil Procedure--Ancillary Jurisdiction--Third-Party Defendant's Counterclaim Against Plaintiff Without An Independent Basis Of Federal Jurisdiction, W. Stokes Harris Jr.

Kentucky Law Journal

No abstract provided.

Characterization, Identification Of The Problem Area And The Policy-Centered Conflict Of Laws: An Exercise In Judicial Method, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Jurisdiction--Territorial Waters--Arctic Waters Pollution Prevention Act, Gilbert T. Davis

Vanderbilt Journal of Transnational Law

On June 17, 1970, Canada passed the Arctic Waters Pollution Prevention Act which asserts jurisdiction over Arctic waters 100 miles off her coasts for the purpose of pollution prevention regulation. The Act proscribes any discharge of waste into Arctic waters, and prohibits navigation in certain "shipping safety control zones" in Arctic waters unless regulations pertaining to structural, equipment, navigational aid, cargo, and personnel qualification standards are met. Given the conflict between the traditional freedom of the seas and the seriousness of the ocean pollution problem, the Canadian action is likely to provoke much controversy.

The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers

Publications

No abstract provided.

Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review

Michigan Law Review

In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.

Restructuring Federal Jurisdiction: The American Law Institute Proposals, Charles Alan Wright

Washington and Lee Law Review

No abstract provided.

Federal Maritime Jurisdiction Over Inland Intrastate Lakes, Ralph Mccaughan

Washington and Lee Law Review

No abstract provided.

The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.

West Virginia Law Review

No abstract provided.

Federal Jurisdiction In Multi-State Habeas Corpus Petitions - Word V. North Carolina

Maryland Law Review

No abstract provided.

Manufacturing Diversity Jurisdiction, Gilbert Newman

Villanova Law Review (1956 - )

No abstract provided.

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …

Some Comments On Burdell V. Canadian Pacific Airlines, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Frank Burdell was the Far Eastern representative of an American heavy-equipment company, stationed in Singapore. At the end of February 1966, Burdell traveled to Tokyo on a Singapore-Bangkok-Hong Kong-Tokyo and return ticket, purchased in Singapore from Cathay Pacific but using Canadian Pacific Airlines for the Hong Kong--Tokyo portion of the journey. Canadian Pacific's flight 402 from Hong Kong to Tokyo on March 4, 1966, arrived over Tokyo in a fog, circled for about an hour, finally came in to land, and crashed into the rear wall at the end of the runway killing its crew of ten and all but …

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.

Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.

Vanderbilt Journal of Transnational Law

Admiralty--Punitive Damages Awarded under the Jones Act

P.B.S.

Subpoena of Documents Located in Foreign Jurisdictions Where Compliance Subjects Witness to Civil or Criminal Sanctions in Foreign State

J.V.K.

Release of American Serviceman to Foreign Court for Trial is not Violative of Due Process Where Substantial United States Constitutional Guarantees are Provided by Foreign Court

W. E. H.

Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler

Indiana Law Journal

No abstract provided.

Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.

University of Michigan Journal of Law Reform

There are four purposes of this article: First, to expose more fully the nature and dimensions of the difficult problem of determining whether a particular rule is "substantive" or "procedural"; Second, to discuss the various judicial attempts to solve it; Third, to show the shortcomings of those attempts, as manifested in both established doctrine and current federal judicial opinions; and, Fourth, to propose some solutions. It should be made clear that we are involved here with a question of allocating power within our federal union. Diversity characterization functions as an unintended device allocating power between state …

The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch

University of Michigan Journal of Law Reform

This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …

A New Approach To Jurisdictional Analysis?, Anon

Washington Law Review

Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …

A New Approach To Jurisdictional Analysis?, Anon

Washington Law Review

Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …

The Waiver Of Juvenile Court Jurisdiction: Kent Revisited, F. Thomas Schornhorst

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Concentrating On A Single Jurisdiction To Teach Criminal Law - An Experiment, Willard D. Lorensen

Journal of Legal Education

No abstract provided.

Federal Courts--The Scope Of Pendent Jurisdiction, Daniel L. Schofield

West Virginia Law Review

No abstract provided.

Criminal Venue In West Virginia, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Kentucky's Jurisdictional Bases--The Need For Change, Charles R. Simons

Kentucky Law Journal

No abstract provided.

Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review

Michigan Law Review

The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …

Federal Procedure, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Federal Jurisdiction In Domestic Relations Cases - Spindel V. Spindel

Maryland Law Review

No abstract provided.

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Michigan Law Review

Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …

Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review

Michigan Law Review

The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.