Case Digest

• Main Author: Staff, Law Review
• Format: Text
• Language: unknown
• Published: Scholarship@Vanderbilt Law 1984
• Subjects: extradition; immigration law; torts; sovereignty; comity; Antarc*; Antarctica
• Online Access: https://scholarship.law.vanderbilt.edu/vjtl/vol17/iss4/5; https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=2253&context=vjtl

MILITARY ACTIVITIES OF THE PROVISIONAL IRISH REPUBLICAN ARMY FALL WITHIN THE SCOPE OF THE POLITICAL OFFENSE EXCEPTION TO THE TREATY OF EXTRADITION BETWEEN THE UNITED STATES AND THE UNITED KINGDOM--In the Matter of the Requested Extradition of Joseph Patrick Thomas Doherty, Crim. Misc. No. 83-1(S.D.N.Y. Dec. 12, 1984). THE IMMIGRATION AND NATIONALITY ACT PERMITS THE DEPORTATION OF AN ALIEN WHEN THE IMMIGRATION AND NATURALIZATION SERVICE ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE ALIEN, UNDER THE AEGIS OF NAZI GERMANY, PERSONALLY AND ACTIVELY PARTICIPATED IN THE PERSECUTION OF INDIVIDUALS BECAUSE OF THEIR POLITICAL OPINIONS--Laipenieks v. Immigration and Naturalization Service, No. 83-7711, slip op. at 62 (9th Cir. Jan. 9, 1985). AN AIRLINE CANNOT INVOKE THE LIABILITY LIMITATIONS OF THE WARSAW CONVENTION WHEN ITS TICKETS FAIL TO GIVE ADEQUATE WARNING OF THE LIMITATIONS--In re Air Crash Disaster at Warsaw, Poland, on March 14, 1980, 748 F.2d 94 (2d Cir. 1984). UNITED STATES CITIZEN IN FOREIGN PRISON CANNOT COMPEL THE TESTIMONY OF A CONSULAR OFFICIAL--Flynn v. Shultz, 748 F.2d1186 (7th Cir. 1984). FOREIGN COUNTRY EXCEPTION TO FEDERAL TORT CLAIMS ACT IS INAPPLICABLE IN A WRONGFUL DEATH ACTION ARISING IN ANTARCTICA--Beattie v. United States, No. 84-5413 (D.C. Cir. Dec. 31,1984). EXTRATERRITORIAL NATURE OF SALVADORAN RELOCATION ORDER TO SALVADORAN AIRLINE PRECLUDES ACT OF STATE DEFENSE TO CLAIMS ARISING FROM THE ORDER--Airline Pilots Assoc. v. TACA International Airlines, 748 F.2d 965 (5th Cir. 1984). FOREIGN SOVEREIGN IMMUNITIES ACT--CHILEAN NATIONAL AIRLINE NOT SUBJECT TO EXECUTION AGAINST PROPERTY TO SATISFY A DEFAULT JUDGMENT BECAUSE THE TRANSPORTATION OF ASSASSINS DOES NOT OVERCOME THE PRESUMPTION OF SEPARATENESS AND IS NOT COMMERCIAL ACTIVITY--Letelier v. Republic of Chile, 748 F.2d790 (2d Cir. 1984). BASED ON CONSIDERATIONS OF INTERNATIONAL COMITY AND FAIRNESS--UNITED STATES COURTS MAY DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION A CASE ALLEGING ILLEGAL ANTITRUST BEHAVIOR ABROAD, Timberlane Lumber ...