Law Commons^™

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY LIABILITY LIMITATION IN SHIPPING CONTRACT SUBJECT TO CARRIAGE OF GOODS BY SEA ACT IS NULL AND VOID WHERE CONTRACT PROVIDES SHIPPER No OPPORTUNITY TO DECLARE CARGO'S HIGHER VALUE PRIOR TO SHIPMENT

2. ALIENS' RIGHTS STATE DENIAL OF RESIDENT ALIEN'S APPLICATION FOR MINISTERIAL OFFICE ON SOLE GROUND OF ALIENAGE VIOLATES FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE

3. CUSTOMS DUTIES ACTUAL OWNER OF IMPORTED MERCHANDISE ENTERED BY A CUSTOM-HOUSE BROKER HAS STANDING UNDER 19 U.S.C. § 1514(b)(1) TO PROTEST CLASSIFICATION OF THE MERCHANDISE

4. JURISDICTION AND PROCEDURE QUASI IN REM JURISDICTION OVER FOREIGN CORPORATION CAN BE BASED ON A PRIOR ATTACHMENT …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

HUMAN RIGHTS IN A ONE-PARTY STATE.

The International Commission of Jurists. London: Search Press, 1978. Pp. 133.

This work is a report of a seminar conducted by the international Commission of Jurists in Dar-es-Salaam, Tanzania in 1976. The topics discussed include the maintenance and furtherance of social and individual rights in the constitutional one-party systems which have developed in Eastern Africa since independence from colonial rule. Specific attention is focused on the experiences of Tanzania, Zambia, and Sudan.

----------------------------

RESOURCE MANAGEMENT AT THE INTERNATIONAL LEVEL.

By Oran Young.

New York: Nichols Publishing Company, 1977. Pp. 252.$16.00.

The emphasis of this …

The Arab Economic Boycott Of Israel: The International Law Perspective, Preston L. Greene, Jr.

Vanderbilt Journal of Transnational Law

Most of the discussion about the Arab economic boycott of Israel has focused on its effect upon United States law. Even when the discussion centers on moral and ethical considerations, the focus remains on the United States. This limited perspective, however, merely reflects the vast global economic interests of the United States. Nonetheless, the extensive analysis of American law and practices has tended to obscure the importance of applicable international norms. This article examines the effects and implications of the Arab boycott upon existing and evolving norms of contemporary international law. To properly analyze the international legal norms, the operative …

The Contemporary Antitrust Regulation Of Joint Ventures In The European Economic Community, Stephen O. Spinks

Vanderbilt Journal of Transnational Law

The joint venture is a form of organization widely used in international business. Although anticompetitive effects of mergers, interlocking directorates, and cartels are more frequently the targets of enforcement efforts under antitrust laws than joint ventures, the latter can be equally effective in reducing competition in the market place.

The legal status of joint ventures in various jurisdictions has remained a subject of some confusion possibly because of their hybrid nature--not quite cartels, yet not quite mergers. This confusion still exists to some extent in the United States, despite the fact that the Supreme Court has held that section 7 …

The United States Record Communications Industry Dichotomy--Time For Change, Paul E. Tellier

Vanderbilt Journal of Transnational Law

This paper will explore the battle between Western Union and the international record carriers in the record communications field. It will trace the development of the United States record communications industry from the early history of electric telegraphy, through the enactment of the Communications Act of 1934 and the Western Union divestitute of 1943, the gateway and mailgram cases of the second half of the twentieth century. It will examine the diverse solutions proposed--ranging from free competition between Western Union and the international record carriers in both the domestic and international markets to the creation of a single monopolistic entity …

Commerce Department Regulations Governing Participation By United States Persons In Foreign Boycotts, Paul Mccarthy, John F. Mckenzie

Vanderbilt Journal of Transnational Law

This article outlines the most important of the Regulations and highlights areas that are likely to give rise to major problems for firms that are engaged in trade or business with countries that participate in an international boycott not sanctioned by the United States. Differences between the proposed and final Regulations are discussed. The article will also examine the persons and transactions that are subject to the Export Administration Amendments Act of 1977 (hereinafter referred to as the "Act") and then discuss certain of the most significant prohibitions of the Act. Although much of the discussion in this article, like …

Presidential Emergency Powers Related To International Economic Transactions, Mary M.C. Bowman

Vanderbilt Journal of Transnational Law

On December 28, 1977, President Carter signed into law Public Law 95-223, an act "[w]ith respect to the powers of the President in time of war or national emergency." The primary purpose of the Act is to revise the Trading With the Enemy Act of 1917 (TWEA), and thus to restrict presidential authority to respond to emergencies related to international economic transactions. The Act is the latest product of a continuing congressional effort to readjust the balance of power between the two branches of government. The War Powers Resolution and the National Emergencies Act were earlier pieces of legislation intended …