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Vanderbilt Journal of Transnational Law

Journal Staff

First Page

349

Abstract

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 ARE DEPENDENT UPON INDIVIDUAL CIRCUMSTANCES

3. ARBITRATION

PLAINTIFF DID NOT WAIVE RIGHTS TO ARBITRATION AFTER IMPROPER USE OF COMPULSORY FEDERAL DISCOVERY PROCEDURE BECAUSE DEFENDANT WITHHELD TIMELY OBJECTION TO SUCH DEPOSITIONS SO AS TO LATER CIRCUMVENT ARBITRATION

4. COMMERCE

EXPORT VALUE OF GOODS IMPORTED INTO THE UNITED STATES IS TO BE DETERMINED BY CONSIDERING ONLY THE EXPORTING COUNTRY'S MARKET FOR EXPORTATION TO THE UNITED STATES FOR PURPOSES OF ASSESSING CUSTOMS DUTIES

FOREIGN COUNTRY NEEDS CLEAR DECLARATION OF NATIONAL OWNERSHIP OVER ARTICLE BEFORE EXPORTATION OF ARTICLE MAKES IT "STOLEN" WITHIN MEANING OF NATIONAL STOLEN PROPERTY ACT

ITEM 807.00 TARIFF SCHEDULES OF THE UNITED STATES DOES NOT CHANGE THE BASIS FOR MAKING CUSTOMS DUTY ALLOWANCES ESTABLISHED UNDER SECTION 1615(A), TARIFF ACT OF 1930, AS AMENDED

5. JURISDICTION AND PROCEDURE

EMPLOYEE COVERED BY THE PUERTO RICO STATE INSURANCE FUND CANNOT INVOKE PUERTO Rico DIRECT ACTION STATUTE AGAINST AN INSURER OF A STATE INSURANCE FUND-INSURED EMPLOYER

GUAM LEGISLATURE LACKS AUTHORITY UNDER 1950 ORGANIC ACT OF GUAM TO DIVEST U.S. DISTRICT COURT FOR GUAM OF ITS APPELLATE JURISDICTION

OHIO CORPORATION RECEIVING SIGNIFICANT BENEFITS FROM FREQUENT VOLUNTARY TRANSACTIONS HAS SUFFICIENT CONTACTS TO ESTABLISH IN PERSONAM JURISDICTION UNDER PUERTO RICO'S LONG-ARM STATUTE

SWORN AFFIDAVITS OF A FOREIGN LEGAL EXPERT CAN BE RELIED UPONTO INTERPRET FOREIGN LAW EVEN WHERE THE STATUTE, ON ITS FACE, INDICATES AN OPPOSITE INTERPRETATION

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