Papers by Mark Nordenberg
Journal of Law and Commerce, Dec 17, 2020
Virginia Law Review, Jun 1, 1981
This Comment is brought to you for free and open access by Duquesne Scholarship Collection. It ha... more This Comment is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection.
Incarceration in Allegheny County examines the progress Allegheny County has made in implementing... more Incarceration in Allegheny County examines the progress Allegheny County has made in implementing the 2016 recommendations of the Criminal Justice Task Force. This report examines innovation solutions implemented in Allegheny County by the County Executive, Public Defender, District, and Courts.
Notre Dame Law Review, 1979
NOTRE DAME LAWYER The 'flexibility inherent in such a standard also generated a significant amoun... more NOTRE DAME LAWYER The 'flexibility inherent in such a standard also generated a significant amount of uncertainty, however. Serious questions arose both as to the proper method for the immediate application of the minimum contacts test and as to the likely pattern for the future development of this area of the law. The level of uncertainty was raised, rather than lowered, by the Supreme Court itself when, in the same term, it decided McGee v. International Life Insurance Co. 4 and Hanson v. Denckla.' The opinions rendered in those cases appear to embody fundamentally different views of the constitutional restraints on state court jurisdiction over non-resident defendants. Shaffer and the even more recent opinion in Kulka v. Superior Court of California are the most important personal jurisdiction decisions of the U.S. Supreme Court since McGee and Hanson. Fortunately, these later cases are more consistent in their approach than their two predecessors were. The message which they bear is not one which was widely expected, however. Shaffer and Kulko both strongly suggest that, after a century of continuous "jurisdictional growth," the new priority of the Supreme Court is the imposition of effective limits on state court exercises of jurisdiction. II. The Growth of the American Law of State Court Jurisdiction A. Pennoyer v. Neff: Traditional Notions The dispute giving rise to Pennoyer was not complex. Neff, a resident of California, allegedly owed Mitchell, who was from Oregon, some $294.98. Mitchell, an attorney, initiated an action in the circuit court of Multnomah County, Oregon, seeking to recover that amount. The formalities of commencing the action included the publication of notice in an Oregon newspaper. No other preaction notice was given to Neff, although at some later time real property which he owned within the state of Oregon was attached. Mitchell obtained a default judgment, and the attached property was sold to Pennoyer. Neff then brought a second action, in federal court in Oregon, naming Pennoyer as the defendant and seeking to establish his title to the property, which he contended was worth more than $15,000, by claiming that the judicial sale to Pennoyer was invalid. The legal problem facing the Supreme Court 7 in Pennoyer was a straightforward one: Under what circumstances could the courts of a state constitutionally exercise judicial power over a non-consenting, non-resident defendant?
Criminal Justice in the 21st Century: Improving Incarceration Policies and Practices in Allegheny... more Criminal Justice in the 21st Century: Improving Incarceration Policies and Practices in Allegheny County examines the dramatic growth of national and local incarceration rates in recent decades even as crime rates have fallen. One key contributor to this dramatic rise in the county jail population is the large number of people being detained prior to trial through the setting of monetary bonds, which often keep low-risk defendants behind bars. The criminal justice system currently also has disproportionate impacts on Black and Latino populations and on people living in poverty. Building upon improvements that criminal justice professionals in Allegheny County have already accomplished, the task force put forth recommendations to create a fairer and more equitable system and to utilize taxpayer dollars efficiently and effectively, without compromising public safety.
Commonwealth
The Editor’s Note provides an introduction to the opioid epidemic in Pennsylvania. It also provid... more The Editor’s Note provides an introduction to the opioid epidemic in Pennsylvania. It also provides an overview of the articles in issue 20:2-3.
Virginia Law Review, 1981
Uploads
Papers by Mark Nordenberg