Antitrust and Trade Regulation Commons^™

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).

============================

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).

==========================

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).

==========================

UNITED STATES MANUFACTURERS HAVE A CAUSE …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Code and Custom in a Thai Provincial Court

By David M. Engel

Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.

=================

Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean

By the International Commission of Jurists and The Organization of Commonwealth Bar Associations

Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.

===============

Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa

Edited by A.A. Husseiny

New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.

Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan

Vanderbilt Journal of Transnational Law

Recent Decisions

Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment

Richard F. Cook, Jr.

===========================

Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act

Edward Cage Brewer, III

==========================

Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482

Daniel R. Wofsey

===========================

Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty

State Port Authority Acting Incident to Maritime Carriage Subject to Admiralty Jurisdiction in Damage Suit

MARINE INSURANCE PROVIDING COVERAGE OF LOSSES "ARISING FROM OR OCCURRING FROM" SPECIFIED CONDITIONS DOES NOT COVER LOSSES OCCURRING AFTER PERIOD OF COVERAGE DUE TO CONDITIONS WHICH INITIALLY AROSE DURING THE PERIOD OF COVERAGE

FEDERAL COURT LACKS POWER UNDER SUITS IN ADMIRALTY ACT TO IMPOSE GOVERNMENTAL LIABILITY FOR HARM CAUSED BY FAILURE TO EXERCISE DISCRETIONARY FUNCTION

2. Alien's Rights

FAMILY RELATIONSHIP CAN BE SHOWN AS A MATTER OF FACT FOR IMMIGRATION PURPOSES WHERE APPLICABLE FOREIGN DOMESTIC LAW HOLDS MEANINGLESS THE CONCEPT OF LEGITIMACY

3. …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

Payment of Wages to Discharged Seaman is not Limited to Direct Cash Payment if other Methods are more Appropriate

Rules for the Transfer of an Admiralty Suit to another Forum are the Same for in Rem as for In Personam Actions

Longshoremen Injured on Employer's Vessel have a Negligence Action against that Employer for Non-stevedore Caused Injuries

Lack of Subject Matter Jurisdiction and Availability of an Alternative Forum denies Foreign Seaman Access to Federal Courts

Longshoreman's Employer is not a Necessary or Indispensable Party to Longshoreman's Action against Shipowner for Negligence

Wrongful Death Remedy under Decisional Maritime Law …

Recent Decisions, Alan L. Marchisotto, W. H. Schwarzschild Iii, Mark M. Greisberger, Richard P. Granfield, Donald B. Cameron, Jr., Isaac H. Braddock, David A. Boillot

Vanderbilt Journal of Transnational Law

Recent Decisions

ADMIRALTY--COGSA--BILL OF LADING CARGO DESCRIPTION AND PACKER IDENTITY DETERMINE WHEN A CONTAINER IS A PACKAGE IN COGSA LIABILITY PROCEEDINGS

Alan L. Marchisotto

============================

ADMIRALTY--JURISDICTION OVER AVIATION TORT CLAIMS--ADMIRALTY JURISDICTION DOES NOT EXTEND TO AVIATION TORT CLAIMS IN THE ABSENCE OF A SIGNIFICANT RELATIONSHIP BETWEEN THE TORT AND TRADITIONAL MARITIME ACTIVITIES

W. H. Schwarzschild III

============================

ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)

Mark M. Greisberger

============================

ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE

Richard P. Granfield

===========================

CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …

Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton

Vanderbilt Journal of Transnational Law

ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES

Ronald L. Smallwood

=====================

ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE

Arden J. Lea

================

ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS

William R. Lauer

=================

FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

==================

ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

=================

CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

========================

PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

=================

ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

===============

ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

================

ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

===================

CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …