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Case Digest, Journal Staff Jan 1982

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Article III of the United States Constitution does not Grant Congress the Power to Extend United States Courts' Jurisdiction over Suits by Foreign Plaintiffs against Foreign Defendants

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Under Federal Rule of Civil Procedure 37(B), the Courts have the Power to Impose Sanction of Personal Jurisdiction when a Party Fails to Comply with Discovery Order

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Foreign Sovereign Immunity--A Strict Construction of the Concept of Instrumentalities under the Foreign Sovereign Immunities Act


Recent Decisions, Robert C. Goodrich, Jr., Christopher Q. King, Jay D. Grushkin Jan 1982

Recent Decisions, Robert C. Goodrich, Jr., Christopher Q. King, Jay D. Grushkin

Vanderbilt Journal of Transnational Law

Recent Decisions

Jurisdiction and Procedure - Forum non Conveniens--The Foreign Plaintiff is Entitled to Less Deference in His Choice of Forum than is a Citizen or Resident Plaintiff; A Change of Law Resulting from Dismissal is Not a Substantial Factor in the Forum non Conveniens Analysis.

Robert Charles Goodrich, Jr.

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ALIENS--Exclusion of Aliens from State Probation Officer Position is not Unconstitutional because it Falls Within the Political Function Exception

Christopher Qualley King

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SOVEREIGN IMMUNITY--Ship Owning Corporation's Contacts with United States are Sufficient to Extend Jurisdiction over Action for Damages involving Maritime Collision: Financial Effect on a United States …


The Law Of The Flag, The Law Of Extradition, The Nato Status Of Forces Agreement, And Their Application To Members Of The United States Army National Guard, Fred W. Beesley, Jr. Jan 1982

The Law Of The Flag, The Law Of Extradition, The Nato Status Of Forces Agreement, And Their Application To Members Of The United States Army National Guard, Fred W. Beesley, Jr.

Vanderbilt Journal of Transnational Law

With the advent of Project Capstone in 1980, the United States Army adopted a master European war plan which committed virtually every Army National Guard and Army Reserve unit to a large-scale field army for use in the European Theater of Operations. The plan was designed to combat a hypothetical offensive by tank-heavy Warsaw Pact forces through the centuries-old Fulda Gap invasion route in the central region of the Federal Republic of Germany, or through the relatively vulnerable North German Plain.

Actions by Warsaw Pact troops in Poland and Afghanistan increase the likelihood that United States contingency war planning will …


Case Digest, Law Review Staff Jan 1982

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Admiralty Jurisdiction Exists in Products Liability Action although Product is not Unique to Maritime Use

Plaintiff, a shipyard worker who was exposed to asbestos dust and fiber while installing asbestos insulation, contracted asbestosis, an incurable lung disorder, and sued the manufacturer of the asbestos product, Johns-Manville Corporation, alleging negligent failure to warn and breach of warranty.

British Courts have Jurisdiction over British Subjects Committing Offenses aboard a Foreign Ship on the High Seas

Three British subjects were charged in a British court with violating the Criminal Damage Act of 1971 by committing acts of vandalism on a Danish vessel in …