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Full-Text Articles in Law

The Bremen And The Model Choice Of Forum Act, Robert A. Leflar Jan 1973

The Bremen And The Model Choice Of Forum Act, Robert A. Leflar

Vanderbilt Journal of Transnational Law

The Model Choice of Forum Act, promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1968, was designed to set standards for the effectuation of contractual forum-selecting clauses, sometimes called "derogation" or "prorogation" clauses, while restricting their effectiveness to situations in which their operation would be fair to all concerned parties. The Commissioners chose not to draft the statute as a Uniform Act to be recommended for adoption by all the states, but rather as a Model Act setting out sound standards that might be followed not only by states drafting their own statutes on the …


The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier Jan 1973

The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …


Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton Jan 1973

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

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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

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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

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


Books Received, Journal Staff Jan 1973

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AMERICAN LABOR AND THE MULTINATIONAL CORPORATION

Edited by Duane Kujawa

New York: Praeger Publishers, 1973. Pp. xxvii,285. $18.50.

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ASPECTS DU DROIT INTERNATIONAL ECONOMIQUE: ELABORATION CONTROLE--SANCTION.

Societe Francaise pour le Droit International. Paris: A. Pedone, 1972. Pp. 221. n.p. (paper).

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THE BASES OF INTERNATIONAL ORDER

Edited by Alan James

London: Oxford University Press, 1973. Pp. viii, 218 £ 3.50 net.

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CURRENT LEGAL ASPECTS OF DOING BUSINESS IN THE FAR EAST

Edited by Richard C. Allison

Chicago: American Bar Association,1972. Pp. vii, 208. $10.00.

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DOMESTIC TAXATION AND FOREIGN TRADE: THE UNITED STATES-EUROPEAN BORDER TAX DISPUTE

By Michael von …