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Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Northwestern Journal of International Law & Business
In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.
An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski
An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski
Syracuse Journal of International Law and Commerce
When a legal dispute involving a foreign nation is submitted to a United States court, the adjudication of rights and liabilities may prove problematic. Two formidable barriers, the act of state doctrine and sovereign immunity, limit the court's ability to resolve disputes which question the legality of sovereign acts. The circumstances under which a United States court should exercise its jurisdiction to consider the merits of a claim involving the application of domestic law to the acts of a foreign sovereign remains a controversial issue.