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Vanderbilt Journal of Transnational Law

Article Title

Case Digest

Authors

Journal Staff

First Page

706

Abstract

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING AN OBJECT NOT PART OF SHIP'S EQUIPMENT TO REMAIN IN PLACE WHERE IT COULD BE DISLODGED CAN MAKE VESSEL UNSEAWORTHY

ORDER ON MOTION TO STAY Is NOT APPEALABLE IF UNDERLYING ACTION IS IN ADMIRALTY

STATUS OF SEAMAN REQUIRES SUBSTANTIAL WORK ABOARD VESSEL WITH SOME DEGREE OF REGULARITY AND CONTINUITY

ADMIRALTY COURT WILL ASSUME JURISDICTION OF ACTION BETWEEN FOREIGN LITIGANTS UNLESS JUSTICE Is BETTER SERVED BY DENIAL

BALANCE IN FAVOR OF FOREIGN DEFENDANT MUST BE ESPECIALLY STRONG BEFORE AMERICAN PLAINTIFF'S CHOICE OF DOMESTIC FORUM WILL BE DISTURBED

COURT ORDER DECLINING JURISDICTION OVER FOREIGN PARTIES IS EFFECTIVE ONLY ON DEFENDANT'S PROOF OF AGREED SUBMISSION TO FOREIGN JURISDICTION AND COOPERATION IN OBTAINING DEPOSITIONS

CHARGE TO JURY IN MARITIME PERSONAL INJURY SUIT MUST DISTINGUISH OPERATIONAL NEGLIGENCE FROM UNSEAWORTHINESS

COSGA, HARTER ACT AND UNITED STATES SHIPPING ACT GOVERN IN CASES IN WHICH TRANSPORTATION BY WATER Is AVERRED THOUGH NOT ALLEGED IN COMPLAINT

HALF-DISTANCE RULE Is DEPENDENT ON REMOTELY FORESEEABLE POSSIBILITY OF COLLISION

3. ALIENS

ALIEN ILLEGALLY IN THE UNITED STATES Is NOT BARRED FROM WORKMEN'S COMPENSATION BENEFITS UNLESS EMPLOYMENT CONTRACT AIDS ILLEGAL ENTRY

ALIEN WHO OVERSTAYS NONIMMIGRANT VISA Is NOT EXEMPT FROM DEPORTATION

ALIEN MUST INTEND TO INTERRUPT HIS RESIDENTIAL STATUS FOR His RETURN TO BE AN "ENTRY" ON WHICH DEPORTATION CAN BE PREDICATED

4. AVIATION

AN AIRLINE HIJACKING IS AN "ACCIDENT" GIVING RISE TO CAUSE OF ACTION AGAINST AIRLINE UNDER ARTICLE 17 OF WARSAW CONVENTION

5. CITIZENSHIP

DISCRIMINATION BASED ON CITIZENSHIP Is NOT VIOLATIVE OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

THREE-YEAR CONTINUOUS RESIDENCE REQUIRED FOR NATURALIZATION Is NOT BROKEN WHEN PETITIONER RELIES ON GOVERNMENT INFORMATION AND LIVES ABROAD WHILE CITIZEN HUSBAND SERVES IN THE PEACE CORPS

STATE STATUTES REQUIRING STATE EMPLOYEES TO BE UNITED STATES CITIZENS CONTRAVENE SUPREMANCY AND EQUAL PROTECTION CLAUSES ABSENT A COMPELLING STATE INTEREST IN PROTECTING STATE FISCAL INTERESTS AND RESOURCES

6. HUMAN RIGHTS

THE EUROPEAN COURT OF HUMAN RIGHTS WILL ORDER COMPENSATION FOR A VIOLATION OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

7. IMPORT-EXPORT

IMPORTER OF RAW SUGAR CANNOT PROTEST ADDITIONAL CUSTOMS DUTY WHEN No PROOF OF SUGAR'S REFINEMENT IS OFFERED WITHIN THE PRESCRIBED TIME PERIOD

DEBTS OWED OWNER OF COMPANY CONFISCATED BY CUBAN GOVERNMENT MUST BE PAID EVEN THOUGH DEBTS WERE PAID TO THE CUBAN GOVERNMENT

8. JURISDICTION

CRUISE SHIP LINE'S SALES CONTROL OVER RESIDENT AGENTS AND IN-STATE BUSINESS CALLS ARE SUFFICIENT TO CONFER JURISDICTION UNDER UTAH LONG ARM STATUTE

9. TAXATION

EVIDENCE SOLELY OF INTERNAL TRANSACTIONS BETWEEN COMPANIES CONTROLLED BY SAME INTEREST Is NOT SUFFICIENT TO OVERCOME ALLOCATION OF INCOME UNDER IRC SECTION 482

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