The Case for Federalizing Rules of Civil Jurisdiction in the European Community

The European Community is an incipient federal structure, even if its scope of operation is limited in subject matter and its creation derives from a network of treaties rather than [from] a formal constitution. A federal structure at once protects, even nurtures, pluralism and coordinates the constituent units in the interest of a union. Federal legislation promotes the interests of the larger unit; a limitation of powers in the constitutive document preserves the integrity of the members. In the American federation, the United States Supreme Court defines the balance between the reach of state and federal law. The balance, moreover, shifts over time as new or different concerns call for accommodation. In so doing, the Court not only deals with direct attacks on state or federal legislation or with problems of interpretation (or gap filling) raised by new or different concerns, but also performs a creative function. In the fashion of a common law court, it develops the law either by creating federal common law or by declining to do so, in the latter case thus preserving or extending the applicability of state law. Even when it does develop federal common law, the Court may derive the new federal rule from state law rather than fashioning one anew

The American Covenant Marriage in the Conflict of Laws

Three states have adopted covenant marriage legislation, with similar bills pending in others. They seek a greater commitment of the spouses-to-be and mkake divorce more difficult. At the same time, other forms of partnerships are proposed in other states. To what extent can covenant-marriage legislate assure that it will be given in other states (interstate) or internationally? The suggested answer is: the divorcing U.S. forum applies its own law (covenant-law or non-covenant law), some foreign systems will apply the parties\u27 home law (thus recognizing restrictions when a U.S. sister state would not)

The Rise of General Jurisdiction Over Out-of-State Enterprises in the United States

In June 2023, the U.S. Supreme Court continued its revision of personal jurisdiction law, in this case by refining, thereby perhaps expanding, the law of when a court may exercise general personal jurisdiction – that is, jurisdiction over all claims – over a non-resident person or an out-of-state enterprise. In Mallory v. Norfolk Southern Railway Co., it held in a 4+1:4 decision that, when a state requires a non-resident company to register to do business in the state and such registration constitutes consent to jurisdiction over all claims against it, such exercise is permitted. In reaching its conclusion, the Court applied a more than a century old (1917) precedent. The plurality of four Justices also compared the exercise of such jurisdiction to “tag jurisdiction” (general jurisdiction over persons present in the state at the time of service) and did not consider the Court’s much more recent cases on specific (claim-related) jurisdiction to be in contrast with (i.e., to overrule) the 1917 decision. The dissent disagreed and, in light of the majority’s new revision, considered specific jurisdiction now significantly deleted. Indeed, it does seem that the distinction between general and specific jurisdiction continues to become considerably blurred

Atomic Energy - Patents - Patent Aspects of Domestic Law, Euratom, and the International Atomic Energy Agency

With the growing importance of atomic energy, conventional legal concepts must be adapted and remodeled to fit new situations. In the area of patent law, the traditional notion that the inventor\u27s reward should be a legal monopoly in the invention, in the form of a patent, has to be reconciled with the need for wide dissemination of technical information. The need for secrecy, for government control over weapons, and for cooperation with other countries affects the atomic patent system. These factors are reflected in the Atomic Energy Act of 1954 and in the agreements establishing two international organizations concerned with atomic energy: the European Atomic Energy Community (EURATOM) and the International Atomic Energy Agency. It is the purpose of this comment to sketch some of these patent provisions

International Law - Treaties - Inclusion of Purely Domestic Matters in Reservations

In consenting to the ratification of the treaty between the United States and Canada concerning uses of the waters of the Niagara River, the Senate attached a reservation which stated that no project for redevelopment of the United States\u27 share of such waters shall be undertaken until it be specifically authorized by Act of Congress. On the basis of this reservation, the Federal Power Commission denied the application of the Power Authority of the State of New York for a license under the Federal Power Act covering the new flow of water made available under the treaty. On appeal to the Court of Appeals for the District of Columbia Circuit, held, order set aside and remanded. The subject covered by the reservation was purely domestic in nature and thus not proper for inclusion in a reservation. Not being a reservation, it was not part of the treaty and did not remove the new flow of water from the jurisdiction of the Federal Power Commission. Power Authority of the State of New York v. Federal Power Commission, (D.C. Cir. 1957) 247 F. (2d) 538, revd. for mootness sub nom. American Public Power Assn. v. Power Authority of the State of New York, (U.S. 1957) 78 S. Ct. 142

Serial Investors and Early Stage Finance

This study examines the early stage investment activity of UK serial investors, individuals who have made at least three private investments. Two distinct groups emerged; one which invested on their own all the time ( solo serial investors ) and the other which invested with others almost exclusively ( syndicate serial investors ). Both groups had invested in a variety of industrial sectors, a majority of which were in sectors where no one in the investor group had previous direct experience. Concept familiarity appeared to be a necessary, albeit insufficient, prerequisite to the decision to invest. For a majority of the investments reviewed for both groups, the investor(s) backed individuals personally known to them, to another syndicate member, and/or to the deal referrer. When the linkage to performance is explored, both solo and syndicate serial investors are well advised to back entrepreneurs known to a least one member of the investor group