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Vanderbilt Journal of Transnational Law

Article Title

Case Digest

Authors

Journal Staff

First Page

530

Abstract

1. ACT OF STATE ACT OF STATE

Doctrine precludes Payment of Insurance Policy's Cash Surrender Value in Contravention of the Law of the Nation Governing the Contract

2. ADMINISTRATIVE LAW

Secretary of the Interior may suspend Gas and Oil Leases to Conserve Maritime Natural Resources

3. ADMIRALTY

Libel in Rem against Vessel demise Chartered to the United States is not within Court's Jurisdiction under Suits in Admiralty Act when Ship is Outside United States Territorial Waters

Status as Crew Member of and a Relatively Permanent Connection with a Floating Structure required for Recovery Under the Jones Act

Employer may not Set Off Contractually created Disability Pension Benefits against Jury Verdict for its Negligence under the Jones Act

4. AVIATION

Cab Regulation requiring Notice on Tickets of Carriers' Limited Liability for Baggage is Consistent with Warsaw Convention and within Federal Aviation Act

5. BORDER SEARCHES

Evidence from Search of Alien Paroled into United States and Held in Continuous Physical Custody by Entry Officials is Admissible as Derived from a Border Search

Customs Agents cannot Lawfully open a Letter-sized Envelope Absent Reasonable Suspicion that it Contains Something Other than a Letter

6. EXTRADITION

Judicial Failure to Determine Competency of Individual Charges for which Extradition is Sought is Curable on Writ of Habeas Corpus if Sufficient Evidence provided to Warrant Extradition for One of the Charges

7. INSURANCE

Guerrilla Hijacking and Destruction of Airplane is Covered by Airline's All-Rise Insurance Policy Clause Excluding from Coverage Losses Resulting from War Risks

8. JURISDICTION

Finality and Enforceability of Foreign Arbitration Award Broad is not Determinative of Recovery on Award in United States

Court May Condition Grant of Stay Pending Resolution of Prior Foreign Action on Compliance with Certain Stipulations

Diversity of Citizenship Required by 28 U.S.C. § 1332(c) for Federal Court Jurisdiction is Lacking when Alien Corporation's Principal Place of Business in United States is within State of Adversary's Principal Place of Business or Incorporation

9. TAXATION

Purchase of Foreign Holding Company Stock as Means to Acquire Indirectly less than Ten Per cent of another Foreign Company does not Qualify for Direct Investment Exclusion to Interest Equalization Tax

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