Rem Jurisdiction Research Articles

The Continuing Evolution of U.S. Judgments Recognition Law

The substantive law of judgments recognition in the United States has evolved from federal common law, found in a seminal Supreme Court opinion, to primary reliance on state law in both state and federal courts. While state law often is found in a local version of a uniform act, this has not brought about true uniformity, and significant discrepancies exist among the states. These discrepancies in judgments recognition law, combined with a common policy on the circulation of internal judgments under the United States Constitution’s Full Faith and Credit Clause, have created opportunities for forum shopping and litigation strategies that result in both inequity of result and inefficiency of judicial process. These inefficiencies are fueled by differences regarding (1) substantive rules regarding the recognition of judgments, (2) requirements for personal and quasi in rem jurisdiction when a judgments recognition action is brought (recognition jurisdiction), and (3) the application of the doctrine of forum non conveniens in judgments (and arbitral award) recognition cases. Recent cases demonstrate the need for a return to a single, federal legal framework for the recognition and enforcement of foreign judgments. This article reviews the history of U.S. judgments recognition law, summarizes current substantive law on the recognition and enforcement of foreign judgments, reviews recent decisions that demonstrate the three specific problem areas, and proposes a coordinated approach using federal substantive law on judgments recognition and state law on related matters in order to eliminate the current problems of non-uniformity and inefficient use of the courts.

Suing an Electronic Address: In Rem Domain Name Actions Under the ACPA

The following Article briefly examines the legal tools originally available to trademark owners (under federal law and an alternate dispute resolution procedure) and the deficiencies of each tool in anti-cybersquatting litigation. This Article presents an overview of the Anticybersquatting Consumer Protection Act (ACPA) and examines how it addresses some of the failures of prior legal tools, with particular emphasis on the ACPA's in rem jurisdiction provision.

Stena Rederi AB v. Comision de Contratos del Comite Ejecutivo General del Sindicato Revolucionario de Trabajadores Petroleros de la Republica Mexicana SC

433State immunity — State agency — Commercial activity — Claim for breach of contract against Mexican State agency — Attempt to establish quasi in rem jurisdiction over third party because of lack of personal jurisdiction — Whether foreign State immune from garnishee order being used to establish quasi in rem jurisdiction — Whether United States courts having subject-matter jurisdiction where commercial activities in United States unrelated to suit against foreign State agency — The law of the United States

National American Corporation v. Federal Republic of Nigeria and The Central Bank of Nigeria

Sovereign immunity — Foreign State and central bank — Restrictive theory of sovereign immunity — Commercial transaction — Contract for the purchase of cement — Letter of credit — Act of State doctrine — Exception for commercial transactions — Jurisdiction — Quasi in rem jurisdiction obtained by attachment — In personam jurisdiction — Requirement of minimum contacts — Foreign Sovereign Immunities Act 1976 — Whether retroactive — The law of the United States

United States: Supreme Court Decision in Shaffer v. Heitner (U.S. Constitutional Limitations on Quasi in Rem Jurisdiction)

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Commentary on the Conflict of Laws

Domicile; Intention and Capacity; Pervasive Problems; Substance and Procedure; Jurisdiction to Adjudicate; Due Process Limits on Jurisdiction; Consent; Ownership and Use of Property'; In Rem and Quasi In Rem Jurisdiction Defined; Forum Non Conveniens; Marriage, Divorce and Custody; Torts; Contracts; Property; Construction of the Will; Constitutional Limitations of Choice of Law; Full Faith and Credit Limitations on a State's Choice of Law; Choice of Law in Federal Courts.

Quasi in Rem Jurisdiction and Due Process Requirements

Quasi in Rem Jurisdiction and Due Process Requirements

Anastasiadis v. S.S. Little John

Jurisdiction — Territorial — Discretionary declining of in rem jurisdiction — Availability of another forum — Action by foreign seaman for breach of contract — Indirect ownership of foreign flag vessel by national of State of forum — The law of the United States of America.

Long-Arm and Quasi in Rem Jurisdiction and the Fundamental Test of Fairness

Long-Arm and Quasi in Rem Jurisdiction and the Fundamental Test of Fairness

Quasi in Rem Jurisdiction Based on Insurer's Obligations

Quasi in Rem Jurisdiction Based on Insurer's Obligations

The Modern Utility of Quasi in Rem Jurisdiction

Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and therefore should not be made available in the federal courts merely to bring their practice into conformity zwith that of the courts of the states.

Jurisdiction: A New Basis for Quasi in Rem Jurisdiction over Intangible Property

Jurisdiction: A New Basis for Quasi in Rem Jurisdiction over Intangible Property

Courts. Jurisdiction. Merger of Delaware Corporation into New Jersey Corporation Held to Oust Quasi in Rem Jurisdiction over Shares in Delaware Corporation. Union Chems. & Materials Corp. v. Cannon (Del. 1959)

Courts. Jurisdiction. Merger of Delaware Corporation into New Jersey Corporation Held to Oust Quasi in Rem Jurisdiction over Shares in Delaware Corporation. Union Chems. & Materials Corp. v. Cannon (Del. 1959)

Quasi in rem Jurisdiction Lost When Domestic Corporation Whose Shares Had Been Attached Merged with Foreign Corporation

Quasi in rem Jurisdiction Lost When Domestic Corporation Whose Shares Had Been Attached Merged with Foreign Corporation

Adjudication of Personal Rights by Proceedings Quasi in Rem: Constitutional Law. Due Process. Quasi in Rem Jurisdiction

Adjudication of Personal Rights by Proceedings Quasi in Rem: Constitutional Law. Due Process. Quasi in Rem Jurisdiction

The Requirement of Seizure in the Exercise of Quasi in Rem Jurisdiction: Pennoyer v. Neff Re-Examined

The Requirement of Seizure in the Exercise of Quasi in Rem Jurisdiction: Pennoyer v. Neff Re-Examined