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Articles 1 - 7 of 7

Full-Text Articles in Law

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.


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.


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 …


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. …


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.


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 …