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Act of state doctrine

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Full-Text Articles in Law

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens Nov 2016

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Mannington Mills, Inc. V. Congoleum Corp.: A Perfect Storm Of Extraterritoriality In Patent And Antitrust Law, Benjamin Holt Jul 2016

Mannington Mills, Inc. V. Congoleum Corp.: A Perfect Storm Of Extraterritoriality In Patent And Antitrust Law, Benjamin Holt

Indiana Journal of Global Legal Studies

The invention of chemically embossed cushioned vinyl flooring revolutionized the flooring industry in the mid-1900s, and the patents on this technology became the basis for large-scale litigation between two of the industry's leaders. This is the story of Mannington Mills, Inc. v. Congoleum Corp.-a case that implicated foreign patent rights and the territorial nature of patent law, the extraterritorial scope of U.S. antitrust law (at a time when this scope was changing and uncertain), competing doctrines of jurisdiction and abstention, and emerging international comity concerns. These legal issues combined to create a perfect storm of extraterritoriality by presenting unique, complex …


The Place Of Policy In International Law, D. H. N. Johnson Apr 2016

The Place Of Policy In International Law, D. H. N. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis May 2015

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr. Apr 2015

Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen Feb 2015

Petitioning Foreign Governments: The Act Of State And Noerr-Pennington Doctrines, Don R. Sampen

Georgia Journal of International & Comparative Law

No abstract provided.


The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark Oct 2013

The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …


Jurisdictional Sequencing, Alan M. Trammell Jan 2013

Jurisdictional Sequencing, Alan M. Trammell

Scholarly Articles

Jurisdictional sequencing taps into fundamental questions about the nature and role of subject matter jurisdiction and what, if anything, a court may do before it has established jurisdiction. Because the Supreme Court has not rooted the doctrine in a clear theory, jurisdictional sequencing has engendered confusion among judges and scholars, who have been at a loss to explain it. Although a number of courts have embraced the leeway that the doctrine offers—the ability to dismiss a case on easier grounds before taking up harder jurisdictional questions—most scholars have criticized it as illegitimate or incoherent. This Article is the first to …


Discovering Secrets: Act Of State Defenses To Bribery Cases, Elizabeth Spahn Jan 2009

Discovering Secrets: Act Of State Defenses To Bribery Cases, Elizabeth Spahn

Hofstra Law Review

Prosecution of white collar crime, particularly grand corruption bribery, is increasing. High-level bribery is structurally similar to illegal drug cartels and terrorist organizations. Bribe-givers are serviced by multinational networks of attorneys and bankers – the “gatekeepers”.

The prosecution of New York attorney and banker, James H. Giffen, in the Southern District of New York generated a pair of landmark opinions on significant issues of first impression rejecting act of state doctrine defenses to bribery cases. Act of state doctrine defenses involve complex legal issues at obscure intersections of U.S. criminal law, constitutional law, conflicts of law, and international comity.

The …


The Federal Common Law Of Nations, Bradford R. Clark Jan 2009

The Federal Common Law Of Nations, Bradford R. Clark

GW Law Faculty Publications & Other Works

Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' "perfect rights" (or close analogues) under the …


The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark Jan 2009

The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark

Journal Articles

Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …


No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan Aug 2002

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Michigan Law Review

In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably do. …


Motivation Cases And W.S. Kirkpatrick & Co. V. Environmental Tectonics Corp., International, Christopher B. Walther Jan 1991

Motivation Cases And W.S. Kirkpatrick & Co. V. Environmental Tectonics Corp., International, Christopher B. Walther

Kentucky Law Journal

No abstract provided.


Deciphering The Act Of State Doctrine, Joseph W. Dellapenna Jan 1990

Deciphering The Act Of State Doctrine, Joseph W. Dellapenna

Villanova Law Review

No abstract provided.


The Act Of State Doctrine And Allied Bank, M. Erin Kelly Jan 1986

The Act Of State Doctrine And Allied Bank, M. Erin Kelly

Villanova Law Review

No abstract provided.


Abolishing The Act Of State Doctrine, Michael Bazyler Dec 1985

Abolishing The Act Of State Doctrine, Michael Bazyler

Michael Bazyler

No abstract provided.


Putting Meaning Into The Treaty Exception To The Act Of State Doctrine, Dennis G. Terez Jan 1985

Putting Meaning Into The Treaty Exception To The Act Of State Doctrine, Dennis G. Terez

Case Western Reserve Journal of International Law

No abstract provided.


Adjudication Acts Of State In Suits Against Foreign Sovereigns: A Political Question Analysis, Brian S. Fraser Jan 1983

Adjudication Acts Of State In Suits Against Foreign Sovereigns: A Political Question Analysis, Brian S. Fraser

Fordham Law Review

No abstract provided.


An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff Apr 1982

An Alternative Justification For Judicial Abstention In Politically Sensitive Disputes Involving Acts Of Foreign States, Eric D. Isicoff

University of Miami Inter-American Law Review

No abstract provided.


The Act Of State Doctrine And Its Exceptions: An Introduction, A. B. Conant, Jr. Jan 1979

The Act Of State Doctrine And Its Exceptions: An Introduction, A. B. Conant, Jr.

Vanderbilt Journal of Transnational Law

The act of state doctrine poses a serious obstacle for plaintiffs seeking redress in United States courts for wrongful public acts by a recognized foreign sovereign within its own territory. Depending on the circumstances, however, various exceptions to the Doctrine may be invoked. This article is intended to be a brief introduction to the Doctrine and its exceptions and a survey of recent cases in which the Doctrine was construed by United States courts. The present inquiry into the nature and scope of the doctrine begins with the seminal case, "Underhill v. Hernandez"...

Almost all of the early case law …


Rationalizing The Federal Act Of State Doctrine And Evolving Judicial Exceptions, Stephen G. Wolfe Jan 1977

Rationalizing The Federal Act Of State Doctrine And Evolving Judicial Exceptions, Stephen G. Wolfe

Fordham Law Review

No abstract provided.


Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review May 1965

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …


The Act Of State Doctrine After Sabbatino, William J. Bogaard Jan 1965

The Act Of State Doctrine After Sabbatino, William J. Bogaard

Michigan Law Review

The United States Supreme Court recently decided, in Banco Nacional de Cuba v. Sabbatino, that American courts must enforce a recognized foreign government's expropriation decree even though the decree violates international law. The Court, contrary to the views of respected international lawyers, found this result dictated by the "act of state doctrine," which bars American courts from reviewing the validity of another nation's official acts. The decision, amid frequent revolutionary confiscations and national programs of expropriation, seriously draws into question the wisdom of further investments in developing countries. This is unfortunate because American foreign investments benefit the receiving country …


International Law - Sovereign Immunity - Act Of State, Arthur M. Wisehart S.Ed. Dec 1954

International Law - Sovereign Immunity - Act Of State, Arthur M. Wisehart S.Ed.

Michigan Law Review

In 1953 the government of Peru authorized the issuance of scrip certificates to holders of certain of its bonds. Plaintiffs were members of a class of former bondholders who were not among the distributees of the scrip under the terms of the Peruvian enabling act. They alleged that they were entitled to share in the scrip by reason of contracts with the government of Peru and that defendants tortiously had induced Peru to breach these contracts by excluding the plaintiffs from the terms of the legislative enactment. The defense interposed was that litigation of the cause would make it necessary …