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Articles 3721 - 3750 of 4328
Full-Text Articles in Jurisdiction
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Michigan Law Review
At the invitation of the editors, Professor MacChesney undertook to write this article especially for the memorial issue as a tribute to Professor Durfee, his former teacher.
Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood
Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood
Michigan Law Review
Plaintiff, an independent shipper, sought review of a Federal Maritime Board order approving under section 15 of the Shipping Act an association's dual-rate contract system found to be "a necessary competitive measure to offset the effect of non-conference competition." The court pf appeals set aside the Board's order on grounds that the system was prohibited by section 14 Third of the same act. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. A dual-rate contract system found by the FMB to be designed to meet outside competition is a "resort to other discriminatory or unfair …
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Federal Jurisdiction In Diversity And Related Cases, W. J. Wagner
Cleveland State Law Review
An important group of cases over which the inferior federal courts in the United States have jurisdiction consists of those in which the parties are "citizens of different States." Theoretically, it cannot be doubted that controversies "arising under" federal law are proper for adjudication in federal courts, while the necessity of extending the federal judicial power to diversity cases is not readily apparent.
Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner
Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws- Foreign Executors And Administrators - Constitutionality Of Nonresident Motorist Statute Providing For Jurisdiction Over Personal Representatives, Thomas E. Kauper
Michigan Law Review
Decedent was killed when his car collided with another on a Missouri highway. Both the driver of the second car and its owner, residents of Nebraska, were also killed. Decedent's widow brought a wrongful death action. in Missouri against the Nebraska-appointed adminstratrixes of the estates of the driver and the owner of the second car. Summonses were served on the Secretary of State of Missouri in compliance with the Missouri Long Arm Statute which specifically provides for service upon and jurisdiction over the administrators of the estates of nonresident motorists. The trial court overruled defendants' motions to quash: On petition …
Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville
Federal Procedure - Jurisdiction - Statutory Change In Jurisdictional Amount And Corporate Citizenship, Philip Belleville
Michigan Law Review
A recent congressional amendment of federal district court jurisdictional requirements for both diversity of citizenship and federal question litigation has raised the required amount in controversy from $3,000 to $10,000. The trial court has also been given discretion either to deny costs or assess them against the plaintiff if he is finally adjudged entitled to recover less than $10,000, determined without regard to any set-off or counterclaim and exclusive of interest and costs. Further, for purposes of diversity jurisdiction and removal, a corporation is now deemed a citizen "of any State by which it has been incorporated and of the …
Comments, Various Editors
Labor Law--Federal Pre-Emption In The Field Of Labor Relations, G. H. A.
Labor Law--Federal Pre-Emption In The Field Of Labor Relations, G. H. A.
West Virginia Law Review
No abstract provided.
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Michigan Law Review
The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Michigan Law Review
Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …
International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.
International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.
Michigan Law Review
The purpose of this comment is to consider the legal status of UNEF and of a potential permanent force of the same type. Some of the incidental legal problems confronting the United Nations will also be considered.
Habeas Corpus - Jurisdiction - Exhaustion Of State Remedies As Prerequisite To Federal Relief, John D. Kelly S.Ed.
Habeas Corpus - Jurisdiction - Exhaustion Of State Remedies As Prerequisite To Federal Relief, John D. Kelly S.Ed.
Michigan Law Review
Petitioner, a prisoner of the Commonwealth of Pennsylvania convicted of armed robbery in 1947, filed a petition for a writ of habeas corpus in federal district court after several efforts to secure the writ in a state court had been unsuccessful. Jurisdiction was based on exhaustion of available state remedies. The petition alleged that the Commonwealth had violated petitioner's rights under the due process clause of the Fourteenth Amendment by denying him the right to be represented by counsel at his trial. The Commonwealth moved to dismiss on the ground that the petition on its face showed that state remedies …
The State Interest Theory Of Constitutional Jurisdiction
The State Interest Theory Of Constitutional Jurisdiction
Washington and Lee Law Review
No abstract provided.
Cml Procedure - Mandamus - Application To Erroneous Refusal To Dismiss On The Ground Of Forum Non Conveniens, George E. Parker Iii
Cml Procedure - Mandamus - Application To Erroneous Refusal To Dismiss On The Ground Of Forum Non Conveniens, George E. Parker Iii
Michigan Law Review
Petitioner railroad, defendant in a suit brought in Illinois under the Federal Employers' Liability Act, moved to dismiss on the ground of forum non conveniens. The accident occurred in New Mexico, and none of the parties or witnesses was a resident of Illinois. The railroad, however, did business in Illinois as well as in other states, and had its principal offices and legal staff in Chicago. Upon denial of the motion to dismiss, the railroad, on original petition to the Supreme Court of Illinois, sought a writ of mandamus to compel dismissal. Held, writ denied, two justices dissenting. Mandamus …
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Michigan Law Review
A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Michigan Law Review
''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …
Federal Practice - Venue - Applicability Of General Venue Satute To Defendant Brought Into A Case After Removal From The State Court, Nick E. Yocca S.Ed.
Federal Practice - Venue - Applicability Of General Venue Satute To Defendant Brought Into A Case After Removal From The State Court, Nick E. Yocca S.Ed.
Michigan Law Review
Plaintiffs, citizens of Missouri, originally brought suit in an Alabama state court against D1, a citizen of Virginia, and D2, a citizen of Minnesota, to recover for injuries sustained in an automobile accident which occurred in Alabama. After defendants had removed to the federal district court, plaintiffs amended their complaint to include D3, a citizen of Florida, service of process having been made in accordance with the Alabama nonresident motorist statute. By special appearance, D3 moved for dismissal because of improper venue. Held, motion granted and cause dismissed as to D3. While the original action was removed from the …
Foreign Corporations: The Interrelation Of Jurisdiction And Qualification
Foreign Corporations: The Interrelation Of Jurisdiction And Qualification
Indiana Law Journal
No abstract provided.
Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.
Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.
Michigan Law Review
Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Civil Procedure - Jurisdiction - Effect Of Filing Counterclaim After Denial Of Objection To Jurisdiction, David Shute S.Ed.
Michigan Law Review
Plaintiff brought suit in the Municipal Court of Cleveland based on an automobile collision which occurred in the city. Defendant was served by mail at his residence outside the city and beyond the territorial jurisdiction of the court. Appearing specially, defendant moved to quash service of summons; the trial court overruled the motion and gave him leave to plead. Defendant then filed a counterclaim based on the same collision, alleging the negligence of the plaintiff and requesting damages. On appeal of the decision overruling his motion to quash service, held, defendant had not waived his objection to jurisdiction by …
Jessup: Transnational Law, Eric Stein
Jessup: Transnational Law, Eric Stein
Michigan Law Review
A Review of Transnational Law. By Phillip C. Jessup.
Criminal Law - Habeas Corpus To Review Completed Sentence, Sidney J. Baker
Criminal Law - Habeas Corpus To Review Completed Sentence, Sidney J. Baker
William & Mary Law Review
No abstract provided.
Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.
Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.
Michigan Law Review
Two affiliated German corporations, one of which is the defendant, established a jointly owned subsidiary in New York. Three members of the subsidiary's five-man board of directors are officers or directors of the German parents, while a fourth is a former employee sent to this country to manage the subsidiary. The American company is devoted exclusively to the business of the German parents. It assists in the negotiation of contracts, although it has no power to bind the parents, advises with respect to patents, and makes infrequent sales and purchases. For these services, it receives a flat fee plus a …
Criminal Jurisdiction Of The Kentucky Courts: A Tentative Codification, Roy Mitchell Moreland
Criminal Jurisdiction Of The Kentucky Courts: A Tentative Codification, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
Comments, Various Editors
Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin
Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin
Michigan Law Review
Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust
Cleveland State Law Review
Senate Bill No. 2646 proposed in the Congress is unprecedented in scope. If it is enacted the Supreme Court will be reduced to a virtual nullity. Displeasure with recent decisions of the Court has engendered an attack upon its status which strikes at its vitals. This article is an analysis of the bill and the types of cases over which the Supreme Court would no longer have appellate jurisdiction.
The Original Criminal Jurisdiction Of Courts In Kentucky, H. Wendell Cherry, Linza B. Inabnit
The Original Criminal Jurisdiction Of Courts In Kentucky, H. Wendell Cherry, Linza B. Inabnit
Kentucky Law Journal
No abstract provided.
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Appellate Jurisdiction Of The Supreme Courts Of Federal States, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.