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Articles 1 - 30 of 34
Full-Text Articles in Law
Rethinking Exclusion--The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell
Rethinking Exclusion--The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell
Vanderbilt Journal of Transnational Law
This Article will build upon the stable foundation presented in the arguments that challenged, the "Nishimura" maxim, and will discuss major flaws in the practice of indefinitely detaining excludable aliens in the context of the Cubans who have been detained in various parts of the United States since their arrival in 1980. First, the Article focuses on the practical merits of the use of indefinite detention as a means of immigration policy. The Article concludes that the practice, which is extremely expensive, does not appear to limit mass migrations, and offers, at best, only a few benefits. Second, the Article …
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio
Vanderbilt Journal of Transnational Law
Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)
Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).
Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)
Fraud In The International Transaction: Enjoining Payment Of Letters Of Credit In International Transactions, Stephen J. Leacock
Fraud In The International Transaction: Enjoining Payment Of Letters Of Credit In International Transactions, Stephen J. Leacock
Vanderbilt Journal of Transnational Law
The Sztejn principles present to issuing banks a perplexing dilemma in international letter of credit transactions. Issuing banks that have received notice of fraud in the underlying transaction may yet be presented with documents that apparently conform to the letter of credit requirements by a seller who is not a holder in due course. If the bank refuses payment and a court determines that the fraud was not sufficiently egregious, the bank will be liable for breach of contract between the bank and the seller. But if the bank relies on the doctrine of separation and pays the draft, and …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.
Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.
The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.
The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …
The Iranian Asset Negotiations, John E. Hoffman, Jr.
The Iranian Asset Negotiations, John E. Hoffman, Jr.
Vanderbilt Journal of Transnational Law
At the outset, I owe an obligation to you and to my fellow panelists to reveal my true colors. Following the remarks of Mr. Aksen and Mr. Rhodes, you would be entitled to expect me to give some examples of how some distressed clients entered this wonderful world of arbitration, how the scales fell from their corporate eyes, and how their problems were solved. I am going to tell a bit of a story this afternoon. The focus of it is arbitration, but I should tell you it is not an arbitration that occurred. The story is of an arbitration …
Remarks On Subject Matter Jurisdiction, Michael Blechman
Remarks On Subject Matter Jurisdiction, Michael Blechman
Vanderbilt Journal of Transnational Law
In United States jurisprudence, two quite different legal concepts are both labeled jurisdiction. In personam or personal jurisdiction refers to the extent to which a court has power over a particular defendant. Subject matter jurisdiction is an entirely different concept that addresses the question of whether a particular law is intended to apply to different kinds of conduct. In the antitrust area, for example, obtaining subject matter jurisdiction depends upon whether conduct within the United States has a sufficient impact on interstate commerce or foreign conduct has a sufficient impact on United States domestic or export commerce to be within …
Obtaining Evidence Abroad, Harry J. O'Kane
Obtaining Evidence Abroad, Harry J. O'Kane
Vanderbilt Journal of Transnational Law
This talk will avoid a discussion of whatever problems exist in true international litigation. True international litigation may be defined as that body of law devoted to disputes between nations and governmental bodies which are addressed in nonterritorial world courts or those courts accepting the disputes under their own system of jurisprudence. My remarks will focus on the problems in obtaining evidence in a country other than the United States for use in a suit within the United States. A tabular listing of information relating to what can and cannot be accomplished in the way of obtaining evidence in various …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
THE UNITED STATES MAY EXERCISE JURISDICTION OVER PERSONSON A "STATELESS" VESSEL WITHOUT SHOWING A NEXUS BETWEEN THE VESSEL AND THE UNITED STATES--United States v. Pinto-Mejia, 720 F.2d 248 (2d Cir. 1983).
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ALIEN RETAINS RIGHT TO DEPORTATION PROCEEDING AFTER RETURNING FROM AUTHORIZED DEPARTURE NOTWITHSTANDING THAT IMMIGRATION AND NATURALIZATION SERVICE PERMISSION TO DEPART WAS STYLED AS AN "ADVANCE PAROLE"--Joshi v. District Director, Immigration and Naturalization Serv., 720 F.2d 799 (1983).
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NO VIOLATION OF INTERNATIONAL LAW WHEN EQUIPMENT LOCATED IN UNITED STATES RECORDS TRANSNATIONAL TELECOMMUNICATIONS--United States v. Romano, 706 F.2d 370 (2d Cir. 1983).
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UNITED STATES MANUFACTURERS HAVE A CAUSE …
Book Received, Law Library Staff
Book Received, Law Library Staff
Vanderbilt Journal of Transnational Law
Books Received
Aspects of the International Banking Safety Net
By G.G. Johnson, with Richard K. Abrams
Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00
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The Soviet Viewpoint
By Georgi Arbatov and Willem Oltmans
New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95
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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations
By Phillip I. Blumberg
Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00
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Iraq & Iran: Roots of Conflict
By Tareq Y. Ismael
Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …
Letters Of Credit In East-West Trade: Soviet Reception Of Capitalist Custom, George M. Armstrong, Jr.
Letters Of Credit In East-West Trade: Soviet Reception Of Capitalist Custom, George M. Armstrong, Jr.
Vanderbilt Journal of Transnational Law
This Article examines the Soviet system for financing the purchase and sale of goods by a Soviet enterprise from a Western merchant. This Article is organized chronologically, commencing with the initial contact between a Western merchant and an FTO, the merchant's liaison with Soviet industrial enterprises.
The Article examines the role of the FTO in mediating relations between Soviet enterprises and their Western contracting partners. It then examines the procedures employed by the Bank for Foreign Trade to establish the credit, to handle the documentary transaction, and to determine whether to honor the seller's demand for payment. The Article finally …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).
LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).
FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).
IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …
Book Review, I. I. Kavass
Book Review, I. I. Kavass
Vanderbilt Journal of Transnational Law
The legal aspects of international contracts for the sale of goods are intrinsically complex. First, the negotiation and performance of international contracts must frequently be conducted at a distance and with the assistance of many intermediaries. The rights and obligations of parties to an international sale are usually more manifold than those of a purely domestic sales transaction, and the effect and scope of these international rights and obligations must be determined by sophisticated mercantile rules which are not present in all legal systems. Second, because an international sales transaction extends beyond the boundaries of one country, it is invariably …
An Introduction To International Civil Practice, Detlev F. Vagts
An Introduction To International Civil Practice, Detlev F. Vagts
Vanderbilt Journal of Transnational Law
As the keynote speaker of this symposium, it is my function to provide a general framework within which the other speakers can develop their specific topics with much more extensive and current knowledge than I have.
In a crude way, the importance of the subject matter can be measured by the increase in the number of cases listed under the West key numbers for "Judgments" which purport to collect all of the cases on the enforcement of foreign judgments in United States courts. The West Modern Federal Practice Digest uses four pages under this caption to list cases for the …
The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
Vanderbilt Journal of Transnational Law
The purpose of this Article is to examine the pitfalls of international arbitration on a broad scale. These pitfalls can be roughly grouped into two categories: (1) those endemic to the process of dispute resolution by a "private extra-judicial tribunal which derives its power from the agreement of the parties,"2 including difficulties unforeseen in the drafting of the agreement that add delay, complications, and expense to the proceedings; and (2) those related to using the rules of a particular institution. Ideally, planning and skillful drafting can eliminate both types of pitfalls and preserve the advantages of arbitration over other available …
The Need To Utilize International Arbitration, Gerald Aksen
The Need To Utilize International Arbitration, Gerald Aksen
Vanderbilt Journal of Transnational Law
I have been asked to discuss how to convince United States businessmen of the need for utilizing international arbitration. Basically, however, there is a realistic need for this well recognized form of alternative dispute settlement. Primarily, international arbitration affords companies the ability to avoid the uncertainties and complexities of foreign litigation. I found it interesting that Professor Vagts used the word "paradox" in referring to the existence of both the lack of effective treaties on the enforcement of foreign judgments and the host of treaties on the enforcement of foreign arbitral awards. Why is it a paradox? International arbitration was …
Enforcement Of Judgments, Lawrence W. Newman
Enforcement Of Judgments, Lawrence W. Newman
Vanderbilt Journal of Transnational Law
The author has spent a lot of time preparing cases against the Government of Iran and its controlled entities. This Article will draw upon that experience to discuss the enforcement of judgments rendered in international litigation. The focus is on two aspects of judgment enforcement: (1) the enforcement of judgments of United States or other courts against the Government of Iran and (2) the enforcement by Iran of judgments obtained against United States companies in the courts of Iran.
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.
The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.
Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.
Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.
The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …
The Transnational Boycott As Economic Coercion In International Law: Policy, Place, And Practice, Christopher C. Joyner
The Transnational Boycott As Economic Coercion In International Law: Policy, Place, And Practice, Christopher C. Joyner
Vanderbilt Journal of Transnational Law
Despite the technological and political intricacies that earmark the current international economic system, the transnational boycott remains a prominent technique of international economic coercion.
The transnational boycott can be described as a coercive quasi-conspiratorial combination effort by one state to prevent another state from transacting commercial business. Threats or intimidation may be directed at the target state's customers to induce them to withhold or withdraw their patronage. While the ends and means of transnational boycotts may seem clear, their legal status appears to be open to conjecture. This situation can be attributed in no small part to the more sophisticated …
The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy
The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy
Vanderbilt Journal of Transnational Law
This Article will outline the effects that Ireland's membership in the European Community has had on direct investment by United States corporations in Ireland. The Article begins with a survey of the diplomatic, commercial, and economic links between the United States and Ireland, and then examines the relationship between the United States and the European Community. The third section reviews the legal and constitutional aspects of Irish membership in the European Community and outlines the new legal and economic order of which Ireland has become a member. Last, the Article examines the effect that Ireland's membership in the European Community …
United States Investment In Ireland, Eugene P. Fanning
United States Investment In Ireland, Eugene P. Fanning
Vanderbilt Journal of Transnational Law
This Article will examine in general the structure of the Irish Government relating to foreign investment, and describe the role of the government agencies that provide incentives for foreign direct investments. The Article will focus on the negotiation process between those government agencies and foreign investors, and examine the typical investment contract entered into by United States investors. The Article will also describe some important aspects of the typical forms of direct investment in Ireland: manufacturing, service industry, and joint venture investments. This Article will examine the concept of tax-advantaged lending in Ireland, Ireland's foreign exchange control regulations, and its …
Irish Tax Law And The Foreign Investor, Conor Crowley, Paul Mcgowan
Irish Tax Law And The Foreign Investor, Conor Crowley, Paul Mcgowan
Vanderbilt Journal of Transnational Law
For over twenty-five years, successive Irish Governments have actively sought and encouraged foreign investment in Ireland. With the exception of the insurance industry, Irish statutes grant foreigners the same rights as citizens of Ireland to establish whatever type of business they desire. A minimum native Irish interest in any business is required only for the issue or transfer of shares to, or the establishment of, a business branch operation by nonresidents. Although these transactions require Exchange Control approval, that approval is usually a formality for investments expected to bring an economic benefit to Ireland.
Recent Development: New Limits On Banks Lending To Foreign Nations, Charles S. Sanger
Recent Development: New Limits On Banks Lending To Foreign Nations, Charles S. Sanger
Vanderbilt Journal of Transnational Law
Although not directly tied to the foreign debt problem, the recent loss of congressional confidence in United States bank regulatory agencies caused by the failure of the Continental Illinois Bank may also compel reevaluation of the Act. The purported failure of the regulators to discover the extent of Continental Illinois' imprudent loans has led several legislators and regulators to call for greater supervision of lending institutions.
This Recent Development will briefly examine the International Lending Supervision Act of 1983, including the regulatory scheme that predated the Act and the restrictions the Act places on the private banking industry in the …
Recent Decisions, Lucy C. Gratz, Laurel C. Williams
Recent Decisions, Lucy C. Gratz, Laurel C. Williams
Vanderbilt Journal of Transnational Law
Arbitration--Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).
Comment
The instant decision marks the first time a court has considered whether to apply the United States domestic policy of preserving antitrust issues for judicial determination to an international contract containing a mandatory arbitration clause. The First Circuit's decision to apply domestic policy undermines the preeminent goal of the Convention, which is to encourage arbitration …
Book Review, Robert C. Effros
Book Review, Robert C. Effros
Vanderbilt Journal of Transnational Law
Mr. Crossick and Ms. Lindsay have collaborated to produce an analytical work entitled European Banking Law. The analysis is composed of four main sections: banking, credit, capital movement, and securities. Each section contains a description of the applicable major laws and regulations in the countries of the European Economic Community (EEC) as well as Portugal and Spain, and includes a summary of the relevant EEC directives and their supporting studies. On the whole, the authors' product is successful and useful, particularly in describing the EEC's attempts to accomplish the difficult task of harmonizing and coordinating banking and financial laws within …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
A Preliminary Injunction to Prevent a Party from Taking Action in a Foreign Jurisdiction that would Destroy United States Jurisdiction does not Violate Principles of Prescriptive Jurisdiction or International Comity--Laker Airways,Ltd. v. Sabena, Belgian World Airlines, 731 F.2d 909 (D.C. Cir.1984).
International Carriers are Subject to the Private Laws of a Foreign State when Carriers are Party to Trade Agreements with that Foreign State and are Doing Business within its Territorial Jurisdiction--British Airways Boardv. Laker Airways, Ltd., [1984] 3 W.L.R. 413; 23 I.L.M. 727.
Court of International Trade has Jurisdiction over Claims Challenging Regulations Governing the Importation of Goods Bearing …
Recent Decisions, Lucy C. Gratz, Laurel C. Williams
Recent Decisions, Lucy C. Gratz, Laurel C. Williams
Vanderbilt Journal of Transnational Law
Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).
Lucy C. Gratz
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International Banking--The International Banking Act of 1978 Limits the States' Ability to Regulate Foreign Bank Entry, "Conference of State Bank Supervisors v. Conover," 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).
Laurel Comstock Williams
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Japan's Reshaping of American Labor Law By William B. Gould Cambridge, Massachusetts: The MIT Press, 1984. Pp.xii, 166. $19.95.
World Economic Outlook By The Staff of the International Monetary Fund Washington, D.C.: International Monetary Fund,1984. Pp. ix, 162. $15.00.
Recent Multilateral Debt Restructurings With Official and Bank Creditors By E. Brau and R.C. Williams Washington, D.C.: International Monetary Fund, 1983. Pp. vii, 28. $5.00.
The Fund, Commercial Banks, and Member Countries By Paul Mentre Washington, D.C.: International Monetary Fund, 1984. Pp. v, 35. $5.00.
International Law and the New States of Africa By Yilma Makonnen New York: Unipub, 1983. Pp. …
Book Reviews, Whitney Debevoise, Roger S. Clark
Book Reviews, Whitney Debevoise, Roger S. Clark
Vanderbilt Journal of Transnational Law
The Fund Agreement in the Courts: Volume II By Joseph Gold Washington, D.C.: International Monetary Fund, 1982. pp.xii, 499.
Reviewed by Whitney Debevoise
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Transnational Legal Problems of Refugees 1982 Michigan Yearbook of International Legal Studies New York: Clark Boardman Co., 1982. Pp. xii, 646. $55.00.
Reviewed by Roger S. Clark
State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson
State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson
Vanderbilt Journal of Transnational Law
The primary alternative to worldwide combined reporting is the method used by the United States Government--the arm's length method of taxing foreign source income. Following the explanation of the arm's length method, this Note will outline briefly the due process and commerce clause limitations on a state's jurisdiction to tax and will describe the methods states have chosen to apportion the business income of a unitary business in order to comply with the commerce clause. The impact of worldwide combined reporting depends upon the apportionment formula adopted by the state and the state's definition of the terms "unitary business" and …
Vessel-Source Pollution And The Law Of The Sea, John W. Kindt
Vessel-Source Pollution And The Law Of The Sea, John W. Kindt
Vanderbilt Journal of Transnational Law
On March 16, 1978, history's worst oil spill occurred when the tanker Amoco Cadiz lost her steering and drifted onto rocky shoals off the French coast. Approximately 223,000 tons of oil were spilled, polluting and ruining over 100 miles of the Brittany coast, an area that previously had supplied one-third of France's seafood and had attracted tourists from all over Europe. Despite all this damage, only thirty million dollars was available for cleanup--none to repair the ecological devastation. Although this well-publicized accident shocked the world, it was only one of many oil spills that occurred during 1978.
By definition, "vessel-source …