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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 …
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 …
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 …
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 …
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.
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 …
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 …
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. …