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1123
Abstract
FORCED ENTRY OF THE SINGLE CABIN OF A 27-FOOT SAILING SLOOP TO CONDUCT A DOCUMENT AND SAFETY INSPECTION Is NOT AN UNREASONABLE SEARCH--United States v. Thompson, 710 F.2d 1500(11th Cir. 1983).
EXCLUDABLE ALIENS HAVE A CONSTITUTIONAL RIGHT TO A HEARING AFTER THE INITIAL PERIOD OF DETENTION--Fernandez-Roque v. Smith, 567 F. Supp. 1115 (N.D. Ga. 1983).
EXCLUSIONARY RULE BARs USE IN DEPORTATION PROCEEDINGS OF EVIDENCE OBTAINED BY INS OFFICERS IN VIOLATION OF THE FOURTH AMENDMENT--Lopez-Mendoza v. Immigration and Naturalization Service, 705 F.2d 1059 (9th Cir. 1983) (en banc).
LABOR UNION HAS STANDING TO MAINTAIN ACTION FOR VIOLATION OF DUE PROCESS RIGHTS OF ALIEN UNION MEMBERS; GRANT OR DENIAL OF EXTENDED VOLUNTARY DEPARTURE FOR SALVADORAN NATIONALS BY IMMIGRATION AND NATURALIZATION SERVICE WAS NOT A NONJUSTICIABLE POLITICAL QUESTION; ALLEGATION THAT STATE DEPARTMENT ROUTINELY RECOMMENDED DENIAL OF ASYLUM CLAIMS FILED BY SALVADORANS STATED A CLAIM--Hotel & Restaurant Employees Union, Local 25 v. Smith, 563 F. Supp. 157(D.D.C. 1983).
ARBITRATION CLAUSE THAT CONFLICTS WITH LOCAL LAW Is NOT "NULL AND VOID" UNDER THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AwARDs--Rhone Mediterranee Compagnia v. Lauro, 712 F.2d 50 (3rd Cir. 1983).
TAX EXEMPTIONS IN EXECUTIVE AGREEMENT ARE VOID DUE TO CONFLICT WITH PRIOR ACT OF CONGRESS--Swearingen v. United States, 565 F. Supp. 1019 (D. Colo. 1983).
REPARATIONS PAID PURSUANT TO TREATY BY A FOREIGN GOVERNMENT FOR WARTIME INJURIES CONSTITUTE INCOME IN DETERMINING ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME BENEFITS--Grunfeder v. Heckler, 708 F.2d 458 (9th Cir. 1983).
ACT OF STATE DOCTRINE MAY NOT CONTROL WHERE ACTIONS OF FOREIGN SOVEREIGN AFFECT PROPERTY LOCATED WITHIN THE UNITED STATEs--Bandes v. Harlow & Jones, Inc., 570 F. Supp.955 (S.D.N.Y. 1983).
UNITED STATES COURTS WILL NOT RECOGNIZE THE JURIDICAL STATUS OF FOREIGN ENTITIES WHEN To Do So WOULD SERVE SOLELY TO ALLOW A FOREIGN GOVERNMENT TO BENEFIT FROM THE LAWS OF THE UNITED STATES, WHILE REMAINING FREE FROM ANY COUNTER-CLAIM--First National City Bank v. Banco Para El Comercio Exterior De Cuba, 103 S. Ct. 2591 (1983).
AN INTERNATIONAL TRADE AGREEMENT'S "BUSINESS FACILITATION" CLAUSE THAT WAIVES IMMUNITY FROM "OTHER LIABILITY" DOES NOT EXPLICITLY WAIVE IMMUNITY FROM PREJUDGMENT ATTACHMENTS UNDER SECTION 1610(d)(1) OF THE FOREIGN SOVEREIGN IMMUNITIES ACT--S & S Machinery Co. v. Masin export import, 706F.2d 411 (2d Cir. 1983).
A FOREIGN CORPORATION Is NOT SHIELDED FROM COMPLIANCE WITH DISCOVERY REQUESTS, PURSUANT TO THE FEDERAL RULES OF CIVIL PROCEDURE, BY THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL AND COMMERCIAL MATTERS--Lasky v. Continental Products Corp., 569 F. Supp. 1227 (E.D. Pa. 1983).
SECURITIES FRAUD CONSISTING OF SIGNIFICANT MISREPRESENTATIONS IN THE UNITED STATES, SOLELY BETWEEN FOREIGN PARTIES, CONFERS SUBJECT MATTER JURISDICTION ON UNITED STATES COURTs--Gruenthal GmbH v. Hotz, 712 F.2d 421 (9th Cir. 1983).
Recommended Citation
Law Review Staff,
Case Digest,
16 Vanderbilt Law Review
1123
(1983)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol16/iss4/5