Jurisdiction Commons^™

Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review

Michigan Law Review

Appellants applied for an injunction in a federal district court in Virginia to prevent the Prince Edward County Board of Supervisors from paying out tuition grants to parents whose children attended private segregated schools. The district court refused to issue the injunction, and the appellants appealed. They asked to have their appeal accelerated, but, since the Court of Appeals for the Fourth Circuit was not then in session, the Chief Judge requested the Clerk of Court to ask the Board of Supervisors to stipulate that no tuition grants would be paid pending the appeal. The Board refused to make the …

Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown

Washington and Lee Law Review

No abstract provided.

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …

Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner

Villanova Law Review (1956 - )

No abstract provided.

The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson

Michigan Law Review

It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …

Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review

Michigan Law Review

The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …

A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.

Villanova Law Review (1956 - )

No abstract provided.

Conflict Of Laws- Long Arm Statutes--Sufficient Minimus Contact For In Personam Jurisdiction Over Foreign Corporations, Ronald Ralph Brown

West Virginia Law Review

No abstract provided.

The Longshoremen's And Harbor Workers' Compensation Act Of 1927: Half-Way Protection For The Stevedore And The Longshoreman, Robert E. Gilbert

Michigan Law Review

The law relating to longshoremen's remedies abounds with surprising anomalies, hyper-technical distinctions, and bits and pieces of judicial legislation. This situation stems largely from deficiencies in the Longshoremen's and Harbor Workers' Compensation Act of 1927, an inherently inadequate statute greatly distorted by recent judicial interpretation. This Comment undertakes an examination of the act's most salient shortcomings with a view to suggesting possible guidelines for what is believed to be necessary corrective legislation.

Abstracts Of Recent Cases, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.

Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review

Michigan Law Review

Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …

The Maritime Boundaries Of The States, Avrum M. Gross

Michigan Law Review

It has long been recognized that the boundaries of coastal states encompass certain adjoining maritime areas. The settled existence of those boundaries, however, stands in marked contrast to the confusion which has surrounded their location. The geographic extent of the waters to which state jurisdiction extends has remained largely undetermined.

The recent development of refined methods for extracting minerals from offshore areas has translated questions of state jurisdiction into issues of substantial economic significance. In this regard, an increasing number of disputes have arisen between the states and the federal government, primarily over rights to offshore oil deposits. The …

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.

Tort And Contracts Claims Against Counties, D. Barry Hill

William & Mary Law Review

No abstract provided.

A View From The Bridge: Some Observations On Amphibious Tort Jurisdiction In Admiralty, Thomas A. Clingan Jr.

Villanova Law Review (1956 - )

No abstract provided.

The "Long Arm" Comes To Maryland, Bernard Auerbach

Maryland Law Review

No abstract provided.

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.

Ohio's Long Arm Statute, Frederick E. J. Pizzedaz

Cleveland State Law Review

The 106th General Assembly of the Ohio Legislature, in response to the necessity of keeping abreast with modern society and the vastly increased mobility of its members, enacted into law Sections 2307.381 to 2307.385 inclusive, of the Ohio Revised Code. Collectively these sections are popularly known as the "long-arm" statute.The purpose of this note is to attempt to estimate the extent to which Ohio will utilize the statute, based on the experience of other states having case law on the subject, since there has been no litigation as yet under the statute in Ohio. Discussion is basically limited to the …

Federal Question Jurisdiction And The Declaratory Judgment Act, James W. Barnett

Kentucky Law Journal

No abstract provided.

Advisory Opinions As A Problem Solving Process, David Lenefsky

Villanova Law Review (1956 - )

No abstract provided.

Service Of Process-Federal Rules Of Civil Procedure-Service Of Process In Italy On Alien Corporate Defendant Permitted In A Federal Antitrust Action-Hoffman Motors Corp. V. Alfa Romeo S.P.A.., Michigan Law Review

Michigan Law Review

Plaintiff, an American automobile distributor, brought suit in a federal court in the Southern District of New York against Alfa Romeo S.p.A., an Italian corporation, for violation of the Robinson- Patman and Auto Dealers' Acts. Service of process was made personally on defendant's general manager in Italy by an Italian attorney appointed for that purpose by the district court, and by registered mail as prescribed by the New York statute for extraterritorial service. Defendant moved to dismiss for lack of personal jurisdiction as to the Robinson-Patman claim on the ground that section 12 of the Clayton Act limits the territorial …

Ftc V. Jantzen: Blessing, Disaster, Or Tempest In A Teapot?, Thomas E. Kauper

Michigan Law Review

The court concluded that the Finality Act, by repealing the existing provisions for judicial enforcement proceedings in the courts of appeals, deprived it of jurisdiction to act upon the FTC's petition. It also approved earlier decisions holding that the Finality Act procedures were not applicable to orders issued prior to the act's effective date. These two rulings, in combination, indicate that there is no enforcement machinery now applicable to orders issued under the Clayton Act prior to July 23, 1959.

The question remains, however, whether enforcement of the Clayton Act has really been hampered, and, if so, whether the pre- …

Federal Registration Of Judgments Act Allows Execution Upon Foreign Judgment Although Suit On Judgment Is Time Barred In Registration State--Stanford V. Utley, Michigan Law Review

Michigan Law Review

Appellant obtained a money judgment against appellee in a Mississippi federal court and registered it the next day in a Missouri federal court, pursuant to section 1963 of Title 28 of the United States Code. Seven and one-half years later appellant gave notice in Missouri of his intention to take appellee's deposition to discover assets in that state with which to satisfy the judgment. Appellee's motion to prohibit the deposition was sustained on the ground that no execution could issue upon any assets uncovered, since under applicable Missouri law no action could be brought there on a Mississippi judgment more …

The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review

Michigan Law Review

Many nations do not accord conclusive effect to foreign judgments unless their own judicial decrees are reciprocally enforced by the country rendering the judgment. The law in the United States is unsettled, with some states holding that foreign judgments are reviewable on the merits if the judgment forum similarly reviews the merits of American decrees, while others accord conclusive effect to valid foreign money judgments regardless of the effect accorded American decrees in the judgment forum. Judgments in the latter states would seem entitled to conclusive enforcement in countries requiring reciprocity. However, such conclusive recognition has been hindered because many …

The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig

Michigan Law Review

When I originally offered my re-interpretation of prevailing practice, I did not feel that it would be expedient to make suggestions for alternative solutions because I was then convinced that the courts were doing the very best they could with the procedural tools at their disposal and that there was little hope for an improvement of those tools. However, there is such hope now, and the time has come to help in the search for new answers. In the following discussion, I shall comment on two current proposals for uniform and federal legislation and shall attempt to formulate a tentative …

Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon

Washington Law Review

Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated …

Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen

Indiana Law Journal

Address delivered on January 21, 1965 at Indianapolis, Indiana as an Addison C. Harris Memorial Lecture.

Expanding Jurisdiction Of The Federal Power Commission And The Problem Of Federal-State Conflict, William A. Campbell

Vanderbilt Law Review

After exploring federal-state conflicts in the granting of licenses for hydro-electric projects, it is clear that, thus far, the FPC has won most of the disputes; and this is not altogether bad, for there are certainly legitimate national interests to be protected here. But there are also legitimate state interests to be protected, not out of concern for the preservation of federalism as a political theory, but because the state is the political unit with the primary concern and responsibility for certain matters and because it can administer and regulate those matters with a higher degree of effectiveness than can …

Appendix: Statistical Analyses Of Diversity Jurisdiction

Indiana Law Journal

No abstract provided.

Pluralistic Legislative Jurisdiction: Plaintiff's Choice Under The Klaxon Rule, Richard V. Carpenter

Indiana Law Journal

No abstract provided.