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Laker Antitrust Litigation: The Jurisdictional Rule Of Reason Applied To Transnational Injunctive Relief, Daryl A. Libow Mar 1986

Laker Antitrust Litigation: The Jurisdictional Rule Of Reason Applied To Transnational Injunctive Relief, Daryl A. Libow

Cornell Law Review

No abstract provided.


Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse Jan 1986

Section 337 Jurisdiction And The Forgotten Remedy, Janet Saxon, Paul Newhouse

Campbell Law Review

No abstract provided.


Sovereign Immunity In Perspective, Stefan A. Riesenfeld Jan 1986

Sovereign Immunity In Perspective, Stefan A. Riesenfeld

Vanderbilt Journal of Transnational Law

The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdiction of national courts is rooted in two bases of international law, the notion of sovereignty and the notion of the equality of sovereigns. There is no need to rehearse the historical growth of these foundations of the modern international community. Suffice it to say that E.D. Dickinson's celebrated study, The Equality of States in International Law, furnishes a detailed account of the evolution of these notions.

Although historically the recognition of the jurisdictional immunities of foreign states may have been intertwined with the recognition of the …


Case Digest, Law Review Staff Jan 1986

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine and Foreign Sovereign Immunities Act Do Not Necessarily insulate a Foreign Government from Civil Liability for the Assassination of a Person on United States Soil - Liu v. Republic of China, slip op. No. 85-7461 (N.D. Cal. Aug. 11, 1986)

Political Offense Exception does not Apply to Bar Extradition if Offenses are Committed Where no Uprising Exists--Quinn v. Robinson, 783 F.2d 776 (9th Cir. 1986).

United States Courts have no Authority to Enforce Foreign Judgments when the Request for Judicial Assistance is made via Letters Rogatory Filed Directly in the Court, In Re Civil Rogatory Letters …


Proposed Amendments To The Foreign Sovereign Immunities Act Of 1976 And The Act Of State Doctrine, Manuel R. Angulo, Adrien K. Wing Jan 1986

Proposed Amendments To The Foreign Sovereign Immunities Act Of 1976 And The Act Of State Doctrine, Manuel R. Angulo, Adrien K. Wing

Denver Journal of International Law & Policy

No abstract provided.


The Act Of State Doctrine: Abandon It, Donald W. Hoagland Jan 1986

The Act Of State Doctrine: Abandon It, Donald W. Hoagland

Denver Journal of International Law & Policy

No abstract provided.


The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt Jan 1986

The State Of New York's State Federal-Judicial Council, Hon. George C. Pratt

Touro Law Review

No abstract provided.


Case Digest, Law Review Staff Jan 1986

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN

--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)

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EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE

--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)

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ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …


Book Note, Covey T. Oliver Jan 1986

Book Note, Covey T. Oliver

Vanderbilt Journal of Transnational Law

Students of international law in the United States have long desired a textbook to accompany the use of one or another of the "case-materials-problems" study books used in their courses. They do not yet have such a text,' but now they can find substantial degrees of security, guidance, and intellectual encouragement in a veritable gem of a Nutshell. Professors Buergenthal and Maier have written a remarkably accurate and insightful book on international law, almost as if they had engraved it on a small gold tablet. It is, as a work, outstanding in the West Publishing Company Nutshell series.


The Enterprise Bankruptcy Law Of The People's Republic Of China (For Trial Use): A Translation, Henry R. Zheng Jan 1986

The Enterprise Bankruptcy Law Of The People's Republic Of China (For Trial Use): A Translation, Henry R. Zheng

Vanderbilt Journal of Transnational Law

Art. 1. This law is enacted to meet the need for development of the planned socialist commodity economy and for economic reform, to promote the independence of business management of the enterprises under the ownership by the whole people, to strengthen the system of economic responsibility and democratic management, to improve business management and economic performance, and to protect the lawful rights and interests of debtors and creditors. Art. 2. This law applies to enterprises under the ownership of the whole people.

Art. 3. Enterprises that sustain serious loss due to inappropriate management and that are unable to pay off …


Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa Jan 1986

Rule 4(J) Of The Federal Rules Of Civil Procedure And The Forthwith Service Requirement Of The Suits In Admiralty Act, Gregory J. Ressa

Fordham Law Review

No abstract provided.


Book Review, Allaire U. Karzon Jan 1986

Book Review, Allaire U. Karzon

Vanderbilt Journal of Transnational Law

This slim volume' is for the international tax connoisseur. The author, an English barrister and member of the Inner Temple and Gray's Inn, has designed his book for tax professionals already expert in their own jurisdictions who seek information on the tax systems of other countries so that they can take advantage of multijurisdictional planning. Because he assumes his readers know the rudiments of international tax principles, the author explores more innovative advanced techniques. With his British perspective and evident familiarity with the United Kingdom and continental tax systems, he suggests many approaches that United States authors frequently omit because …


Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss Jan 1986

Jurisdiction Over Foreign Governments, Melissa L. Werthan, Nancie L. Combs, Jeffrey L. Deitch, Anita L. Fuoss

Vanderbilt Journal of Transnational Law

Passage of the FSIA in 1976 codified the restrictive theory of sovereign immunity, which provides that a foreign state will re-main immune from suit for its public acts but will lose immunity for its private and commercial acts. By placing the determination of a foreign government's immunity in the hands of the judiciary, Congress attempted to standardize an area of the law that had been governed by political relations between the United States and foreign governments.

The FSIA is the exclusive mechanism through which private parties can seek redress against foreign governments in United States courts. The Act provides a …


Case Comment, Laura F. Howard Jan 1986

Case Comment, Laura F. Howard

Vanderbilt Journal of Transnational Law

SCOPE OF REVIEW IN EXTRADITION PROCEEDINGS: The Government Cannot Appeal A Denial of Extradition Request Based on the Declaratory Judgment Act --United States v. Doherty, 786 F.2d 491 (2d Cir. 1986).

BANKRUPTCY--Section 304 Of The Bankruptcy Code Is Not An Exclusive Remedy In A Nonbankruptcy Court, Cunard Steamship Co.Ltd. v. Salen Reefer Serv. A.B., 773 F.2d 452 (2d Cir. 1985).


Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall Jan 1986

Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall

Case Western Reserve Law Review

No abstract provided.


Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin Jan 1986

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.


Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers Jan 1986

Jurisdictional Uncertainties Under The 1984 Bankruptcy Amendments, Laura Day Dickinson Carruthers

Kentucky Law Journal

No abstract provided.


Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon Jan 1986

Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon

Fordham Law Review

No abstract provided.