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Articles 1 - 30 of 41
Full-Text Articles in Law
Case Digest, Law Review Staff
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).
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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).
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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).
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UNITED STATES MANUFACTURERS HAVE A CAUSE …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest ================
1. Admiralty
Provisions of Carriage of Goods by Sea Act Incorporated by Reference in Bill of Lading are to be Given Effect Consistent with other Bill of Lading and Tariff Provisions
Voyage Charter Extended to Cover Contract Setting Termination Date in Order to Avoid "Secret" Maritime Liens
2. International Patent Regulation
In a Patentee's Dealing with Licensees, the Policies Underlying the Patent System do not Override those of the Sherman Act
3. Jurisdiction and Procedure
Foreign Sovereign Immunities Act § 1611 operates when Treaty Waiver does not specifically include a Certain Type of Property
Transactions involving Options …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
COURT SITTING IN ADMIRALTY MAY GRANT INJUNCTIVE RELIEF TO PREVENT MARITIME INSURER FROM "BLACKLISTING" SEAMEN WITHOUT CAUSE
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EXPENSES OF JUSTICE INCLUDE ONLY THOSE STORAGE EXPENSES INCURRED AFTER THE FILING OF A FORFEITURE ACTION BY THE UNITED STATES GOVERNMENT
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IMMIGRATION AND NATURALIZATION SERVICE MAY APPEAL AN IMMIGRATION JUDGE'S DECISION TO GRANT AN ALIEN RELIEF FROM DEPORTATION UNDER SECTION 212(c) OF THE IMMIGRATION AND NATIONALITY ACT
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FOURTH AMENDMENT NO BAR TO WARRANTLESS SEARCH OF FOREIGN FISHING VESSEL AUTHORIZED BY FISHERY CONSERVATION AND MANAGEMENT ACT OF 1976
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SCOPE OF LACEY ACT IS LIMITED TO FOREIGN LAWS DESIGNED TO PROTECT …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary
2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity
3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed
4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond
5. JURISDICTION AND PROCEDURE-- Dismissal …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution
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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid
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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife
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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty
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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …
Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck
Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck
Vanderbilt Journal of Transnational Law
Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment
Aubrey W. Bogle, III
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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court
Edward H. Lueckenhoff
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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary
Clark C. Siewert
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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification
Michael P. Peck
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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …
Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan
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.
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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act
Edward Cage Brewer, III
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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
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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …
Books Received, Journal Staff
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.
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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.
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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.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
"CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT
SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES
LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY
2. ALIEN'S RIGHTS
INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN …
Recent Decisions, Steven A. O'Rourke, Henry C. Wood, Jr., Christopher Ryan, Phyllis K. Fong, Clifford D. Harmon
Recent Decisions, Steven A. O'Rourke, Henry C. Wood, Jr., Christopher Ryan, Phyllis K. Fong, Clifford D. Harmon
Vanderbilt Journal of Transnational Law
Admiralty--Workmen's Compensation--Longshoremen's and Harbor Workers' Compensation Act covers Waterfront Injuries to Cargo Handlers Who sometimes work Offshore or Who unpack Containers
Steven A. O'Rourke
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European Communities--Restrictive Practices--Abuse of Dominant Position--Discriminatory or Unfair Pricing Policies among EEC Customers by a Corporation in a Dominant Market Position Infringes Article 86 of the EEC Treaty
Henry Clay Wood, Jr.
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Federal Jurisdiction--State Regulation of Interstate Commerce--Federal Courts have Jurisdiction to Enjoin State Officials from Enforcing State Laws Regulating Interstate Tanker Trade where Congress intended that Federal Regulations Pre-empt the Area
Christopher Ryan
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Securities Regulation--Jurisdiction--Allegations that an International Securities Transaction involving Stock …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Offshore Sandblaster not Permanently Assigned to his Vessel is not a Seaman Under the Jones Act
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Freight for a Partial Shipment of Cargo which has been Loaded Aboard a Vessel is Subject to Maritime Garnishment
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Compensation Awarded to Shipbuilding Employee Injured at Shipyard during Maintenance Work on Previously Unused Crane
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
ILA Collective Bargaining Agreements Affecting Containerized Cargo Held Invalid as "Work Acquisition" Measures
Damages from Successive, Independent Injuries may not be Cumulated to Determine "Constructive Total Loss" where Vessel has been restored to Seaworthy Condition between Injuries
Shipowner is Entitled to Lost Profits Measured by the Prevailing Market Rate During Off-Hire Extension Period
2. CUSTOMS
Trading with the Enemy Act Authorizes Treasury Regulations Prohibiting Import of Cuban Assets when the United States Interest Arises after the Effective Date of the Regulations
Standing to Protest Imposition of Dumping Duties Denied where Plaintiff unable to prove by Substantial and Convincing …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty
Employer is liable as a Pro Hac Vice Owner for Negligence of an Employee Engaged in Services other than Stevedoring
Submersible Oil Storage Facility use in Connection with Off-Shore Drilling is Classifiable as a "Vessel" within Provisions of Jones Act and General Maritime Jurisdiction
Exclusive Remedy Provision of the Puerto Rico Workmen's Accident Compensation Act does not apply to a Puerto Rican Citizen Injured outside the Territory of Puerto Rico
Determination of Unseaworthiness caused by Character of a Person Aboard is Limited to Crew Members' Condition
2. Common Market
European Community Directive Requires that in the Event of …
Case Digest, Journal Staff
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
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, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake
Recent Decisions, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake
Vanderbilt Journal of Transnational Law
IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE--ONE WHO CONTRACTS TO PROVIDE MARITIME SERVICES IMPLIEDLY AGREES TO PERFORM IN A DILIGENT AND WORKMANLIKE MANNER
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ACT OF STATE DOCTRINE
Hickenlooper Amendment Inapplicable to Oil Drilling Concession Granted by Foreign Government
2. ADMIRALTY
Shipowner is Entitled to Indemnification from Tortfeasor when a Covenant of Workmanlike Performance by the Tortfeasor can Reasonably be Implied
Judicially-Created Maritime Wrongful Death Cause of Action Applies Retroactively as Exclusive Remedy Time-Charterer Not Entitled to Indemnification for Litigation Expenses when not Obligated to Provide Seaworthy Vessel
Claims within Scope of the Public Vessels Act Cannot be Brought under the Terms of the Suits in Admiralty Act
Lumber Employee Working on Saltwater Pond Held Not Engaged in Maritime Employment and Not Covered …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. Admiralty Shipowner's Warranty of Seaworthiness extends to any Regularly Used Mode of Ingress or Egress
Award of Prejudgment Interest in Admiralty may be Denied Party Substantially at Fault
Contribution will lie against the United States in Non-collision Maritime Cases when United States and Third Party Adjudged Mutually Negligent
Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Unloaded Cargo
Admiralty Jurisdiction does not Extend to Shoreside Injury Caused by Negligent Handling of Shipowner's Dunnage when Stevedore uses Own Equipment
2. ARBITRATION
Foreign Arbitration Award may be Enforceable at Bankruptcy although Issued after Initiation of Bankruptcy Proceedings
3. CONTRACTS …
Recent Decisions, Anne Markey, James F. Maddox, Thomas C. Eklund, Thomas F. Taylor, Ralph Vinciguerra, Clark Mervis
Recent Decisions, Anne Markey, James F. Maddox, Thomas C. Eklund, Thomas F. Taylor, Ralph Vinciguerra, Clark Mervis
Vanderbilt Journal of Transnational Law
Admiralty--Damages in a Maritime Collision or Stranding Caused by Mutual Fault Must be Apportioned According to the Comparative Negligence of the Parties
Anne Markey
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Admiralty--Wrongful Death--General Maritime Law Provides Remedy for Pain and Suffering of Decedent Incurred in Wrongful Death on High Seas but not for Funeral Expenses
James F. Maddox
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Arbitration--Securities Regulation--In International Sale of Securities, Arbitration Agreement is Binding not Withstanding Non-Waiverability of Judicial Remedy of Securities Exchange Act of 1934
Thomas C. Eklund
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IMMIGRATION--ALIEN COMMUTERS, BOTH DAILY AND SEASONAL, WHO HAVE ONCE OBTAINED THE STATUS OF IMMIGRANTS ARE PROPERLY CLASSIFIED AS SPECIAL IMMIGRANTS LAWFULLY …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest
1. ADMIRALTY
SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE
INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE
SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION
THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS
2. ALIEN'S RIGHTS
MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES
ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …
Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman
Recent Decisions, Stanley D. Miller, G. Cranwell Montgomery, Douglas I. Friedman
Vanderbilt Journal of Transnational Law
Recent Decisions
Admiralty--Maritime Wrongful Death Action--A Maritime Wrongful Death Action for Unseaworthiness Alleging Loss of Support, Services, Society and Funeral Expenses is not Barred by Decedent's Recovery of Damages for Personal Injuries during His Lifetime
Stanley D. Miller
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Constitutional Law--Fourth Amendment Search and Seizure--Without Consent, Warrant or Probable Cause, A Roving Patrol Search of a Vehicle Twenty-Five Miles from Border is an Unreasonable Search and Seizure within Meaning of Fourth Amendment
G. Cranwell Montgomery
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Jurisdiction--Securities Exchange Act of 1934--Section 10(b) applies to Fraudulent Transaction in Unlisted Foreign Securities when the Only Conduct within the United States is the …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest
1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY
2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION
3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT
4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION
5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS
6. …
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
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
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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
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ALIENS--ALIENS MAY MAINTAIN A CAUSE OF ACTION FOR PRIVATE EMPLOYMENT DISCRIMINATION UNDER 42 U.S.C. § 1981 (1970)
Mark M. Greisberger
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ANTITRUST--ARTICLE 86 OF THE EEC TREATY APPLIES TO CERTAIN CHANGES IN INTERNAL CORPORATE STRUCTURE
Richard P. Granfield
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CONSTITUTIONAL LAW--EXECUTIVE POWER--PRESIDENTIAL AUTHORITY …
Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt
Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt
Vanderbilt Journal of Transnational Law
Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness
Patricia D. Owen
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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions
Jeffery R. Rush
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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications
Frank R. Krok
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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290
Paul P. Sanford
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International Court of Justice--Procedure Temporary Relief in the Form of Interim …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ACT OF STATE ACT OF STATE
Doctrine precludes Payment of Insurance Policy's Cash Surrender Value in Contravention of the Law of the Nation Governing the Contract
2. ADMINISTRATIVE LAW
Secretary of the Interior may suspend Gas and Oil Leases to Conserve Maritime Natural Resources
3. ADMIRALTY
Libel in Rem against Vessel demise Chartered to the United States is not within Court's Jurisdiction under Suits in Admiralty Act when Ship is Outside United States Territorial Waters
Status as Crew Member of and a Relatively Permanent Connection with a Floating Structure required for Recovery Under the Jones Act
Employer may not …
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Vanderbilt Journal of Transnational Law
ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS
Dennis L. Bryant Lt., US. Coast Guard
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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES
Kurt H. Decker
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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
STOWAGE OF CONTAINERIZED CARGO ABOVE-DECK IS NOT AN UNREASONABLE DEVIATION FROM A CLEAN BILL OF LADING UNLESS BELOW-DECK STOWAGE IS ORDINARILY CONTEMPLATED
EMPLOYEE TEMPORARILY ASSIGNED AS CREWMAN IN MOTORBOAT IS NOT A JONES ACT SEAMAN
UNITED STATES CAN CHARGE A BERTHING AGENT'S BOND FOR THE UNCOLLECTED DUTY OF A SHIP WHICH WAS HANDLED AT THE AGENT'S DOCK AND REPAIRED ABROAD
TAX ON NONMUNICIPAL PILOTS DOES NOT MAKE THE USE OF PORT PILOTS COMPULSORY
FREE STANDING ELECTRICAL TRANSFORMER ATTACHED TO SKID DOES NOT CONSTITUTE A PACKAGE WITHIN COGSA
2. ALIEN'S RIGHTS
ALIENS MAY BE EXCLUDED FROM GRAND AND PETIT …
Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff
Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff
Vanderbilt Journal of Transnational Law
The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest
1. ADMINISTRATIVE
NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING
2. ADMIRALTY
COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS
FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE
PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND
THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW
PERMITTING …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH
LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS
SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT
COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION
2. BORDER SEARCHES
A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST
3. CONSTITUTIONAL LAW
STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE
4. …